Emergency Shipping Fund. Powers con ferred on the EMERGENCY SHIPPING FUND.1 The President is hereby authorized and empowered, President. within the limits of the amounts herein authorizedTo order (a) To place an order with any person for such ships ships, etc., for Government or material as the necessities of the Government, to be use. Modify, etc., Contracts therefor. product of plants, etc. determined by the President, may require during the period of the war and which are of the nature, kind and quantity usually produced or capable of being produced by such person. (b) To modify, suspend, cancel, or requisition any existing or future contract for the building, production, or purchase of ships or material. Take the (c) To require the owner or occupier of any plant in shipbuilding which ships or materials are built or produced to place at the disposal of the United States the whole or any part of the output of such plant, to deliver such output or part thereof in such quantities and at such times as may be specified in the order. Possession of plants. Acquire ships under construction, etc. Compliance compulsory. (d) To requisition and take over for use or operation by the United States any plant, or any part thereof without taking possession of the entire plant, whether the United States has or has not any contract or agreement with the owner or occupier of such plant. (e) To purchase, requisition, or take over the title to, or the possession of, for use or operation by the United States any ship now constructed or in the process of construction or hereafter constructed, or any part thereof, or charter of such ship. Compliance with all orders issued hereunder shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts placed with such per[183]son. If any person owning any ship, charter, or material, or owning, leasing, or operating any plant equipped for the buildPossession of ing or production of ships or material shall refuse or etc., on refusal fail to comply therewith or to give to the United States such preference in the execution of such order, or shall refuse to build, supply, furnish, or manufacture the kind, quantities or qualities of the ships or material so ordered, at such reasonable price as shall be determined by the ships, plants, of owner. 1 For analogous statutes [covering principle of compulsory order] see annotations under Sec. 120, National Defense Act, p. 2, supra, and [covering principle of requisition] annotations under Sec. 10, Food Control Act, p. 57, infra. to be deter President. President, the President may take immediate possession of any ship, charter, material or plant of such person, or any part thereof without taking possession of the entire plant, and may use the same at such times and in such manner as he may consider necessary or expedient. Whenever the United States shall cancel, modify, sus- Compensation pend or requisition any contract, make use of, assume, mined by the occupy, requisition, acquire or take over any plant or part thereof, or any ship, charter, or material, in accordance with the provisions hereof, it shall make just compensation therefor, to be determined by the President; and if the amount thereof, so determined by the Presi- Sult, etc., if dent, is unsatisfactory to the person entitled to receive isfactory. the same, such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount as will be just compensation therefor, in the manner provided for by sec tion twenty-four, paragraph twenty, and section one hun--1003, 1136. dred and forty-five of the Judicial Code. amount unsat Procedure. Vol. 86, pp. powers, etc. Proviso. Expenses of Fleet Corpora The President may exercise the power and authority Execution of hereby vested in him, and expend the money herein and hereafter appropriated through such agency or agencies as he shall determine from time to time: Provided, That all money turned over to the United States Shipping Emergency Board Emergency Fleet Corporation may be expended tion. as other moneys of said corporation are now expended. All ships constructed, purchased, or requisitioned under authority herein, or heretofore or hereafter acquired by the United States, shall be managed, operated, and disposed of as the President may direct. The word "person" as used herein, shall include any individual, trustee, firm, association, company, corporation, or contractor. The word "ship" shall include any boat, vessel, or submarine and the parts thereof. Terms con. strued. "Person." "Ship." The word "material" shall include stores, supplies, "Material." and equipment for ships, and everything required for or in connection with the production thereof. The word "plant" shall include any factory, workshop, warehouse, engine works; buildings used for manu 1 See Executive Order No. 2664, July 11, 1917 [p. 173]; 2687, August 21, 1917 [p. 176]. "Plant." "United States." Termination of authority. Limitation of expenditures. Post, p. 345. facture, assembling, construction, or any process; any shipyard or dockyard and discharging terminal or other facilities connected therewith. The words "United States" shall include all lands and waters subject to the jurisdiction of the United States of America. All authority granted to the President herein, or by him delegated, shall cease six months after a final treaty of peace is proclaimed between this Government and the German Empire. The cost of purchasing, requisitioning, or otherwise acquiring plants, material, charters, or ships now constructed or in the course of construction and the expediting of construction of ships thus under construction shall not exceed the sum of $250,000,000, exclusive of the cost of ships turned over to the Army and Navy, the expenditure of which is hereby authorized, and in executing the authority granted by this Act for such purpose the President shall not expend or obligate the United States to Appropria- expend more than the said sum; and there is hereby Proviso. appropriated for said purpose, $150,000,000: Provided, ments from That this appropriation shall be reimbursed from availArmy and Navy funds. able funds under the War and Navy Departments for vessels turned over for the exclusive use of those departments or either of them. tion. Reimburse Cost of ship construction restricted. [184] The cost of construction of ships authorized herein shall not exceed the sum of $500,000,000, the expenditure of which is hereby authorized, and in executing the authority granted herein for such purpose the Appropria- President shall not expend or obligate the United States to expend more than said sum; and there is hereby appropriated for said purpose, $250,000,000. tion. ships. Operation of For the operation of the ships herein authorized or in any way acquired by the United States, except those acquired for the Army or Navy, and for every expenditure incident thereto, $5,000,000. Naval base, Hampton [207] Naval operating base, Hampton Roads, VirRoads, Va. ginia: The President is hereby authorized and emImmediate powered to take over for the United States the immediate thorized of possession and title, including all easements, rights of position site way, riparian and other rights appurtenant thereto, and including all the rights and properties of railway, electric possession au Jamestown Ex for. light, power, telephone, telegraph, water, and sewer companies, of the tract of land known as the Jamestown Exposition site, on Hampton Roads, Virginia, and of such lands adjacent thereto as lie north of Ninety-ninth Street and Algonquin. Street, the entire property being bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets. Proclamation, p. 30. Compensa mine if offer [208] That if said lands and appurtenances and im- tion. provements thereof shall be taken over as aforesaid, the United States shall make just compensation therefor, to be determined by the President, and if the amount thereof, Sult to deterso determined by the President, is unsatisfactory to the unsatisfactory. person entitled to receive the same such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum, as added to said seventy-five per centum will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and Procedure, vol. 36, pp. section one hundred and forty-five of the Judicial Code. 1093, 1136. Upon the taking over of said property by the Presi- Title to vest dent as aforesaid, the title to all property so taken over shall immediately vest in the United States. at once. Amount for property. etc. Equipment, Provisos. For the payment of compensation for said property so taken over, $1,200,000, or so much thereof as may be necessary; and toward the equipment of the same as a naval operating base, including piers, store houses, oilfuel storage, training station and recreation grounds for the fleet and other purposes, $1,600,000, in all, $2,800,000: Provided, That the appropriation herein shall be available only for the acquisition of the entire property quired. bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets, together with all easements, rights of way, riparian and other rights appurtenant thereto, and all the rights and properties of railway, electric light, power, telephone, telegraph, cable, water, and sewer companies: Provided further, That the Secretary of the Navy is authorized to expend public money in the development of said tract of land without reference to the requirements of section three hundred and fifty-five of the Revised Statutes.1 1 See Presidential Proclamation, No. 1379, June 28, 1917 [p. 127]. June 15, 1917. "ESPIONAGE ACT." [217] CHAP. 30.-An Act To punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes. [Approved, June 15, 1917. 40 Stats. 217.] National de- Be it enacted by the fense, espion Senate and House of Representaage, neutrality, tives of the United States of America in Congress etc. assembled: Vessels in United States ports, etc. Control, etc., over, in time of tary of the Treasury. Possession to [220] TITLE II. VESSELS IN PORTS OF THE UNITED STATES. SECTION 1. Whenever the President by proclamation war, by Secre- or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United prevent injury, States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, of full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof.1 etc. Removal crew, etc. Control in Canal Zone Within the territory and waters of the Canal Zone waters. the Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury. Forfeiture of vessel if owner refuses to obey rules, etc. SEC. 2. If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued 1 See Presidential Proclamation No. 1413, December 3, 1917 [p. 150]. Revolutionary War Statutes. Pennsylvania: See Act for regulating navigation and trade in this state, 1778, 9 Stats. at L. 288. |