for issue of,

ized.

age charges,

Regulations license issued pursuant to this section. The President etc., author is authorized to issue such licenses and to prescribe regulations for the issuance of licenses1 and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspection by the President's duly authorized agents of the Unfair stor places of business of licensees. Whenever the President etc.. by licen- shall find that any storage charge, commission, profit, or practice of any licensee is unjust, or unreasonable, or discriminatory and unfair, or wasteful, and shall order such licensee, within a reasonable time fixed in the order, to discontinue the same, unless such order, which shall recite the facts found, is revoked or suspended, such licensee shall, within the time prescribed in the order, discontinue such unjust, unreasonable, lis[278]criminatory and unfair storage charge, commission, profit, or prac

sees to be discontinued.

1 See Presidential Proclamations No. 1393. September 7, 1917 [p. 137]: No. 1396, October 8, 1917 [p. 139]; No. 1406, November 7, 1917 [p. 143]; No. 1407, November 15, 1917 [p. 145]; No. 1421, January 3, 1918 [p. 159]; No. 1422, January 10, 1918 [p. 161]; No. 1425, January 30, 1918 [p. 165]; No. 1426, January 31, 1918 [p. 166].

Resolutions of the Continental Congress.

See Resolution requesting states to enact legislation covering impressments, December 20, 1777, IX Journals of the Continental Congress [Library of Congress] 1043 [p. 216]; Resolution regarding the control of the disposition of goods, wares, and merchandise in the city of Philadelphia, June 4, 1778, XI id. 571 [p. 219].

Revolutionary War Statutes.

Connecticut: See Act to encourage fair dealing, and to restrain and punish sharpers and oppressors, Acts and Laws, Connecticut, 1777, p. 476 [p. 228].

New Hampshire: See Act to encourage fair dealing and to restrain and punish sharpers and oppressors, 4 Metcalf's Laws 139 [p. 477].

New Jersey: See act for regulating and limiting the prices of sundry articles of produce, manufacture and trade, and to prevent forestalling, regrating and engrossing, Acts of State of New Jersey, December 11, 1777. c. 8 [p. 515].

New York: See Act more effectually to supply the army with flour, 1780, 1 Cook's N. Y. Laws 200 [p. 630].

North Carolina: See act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader and for other purposes, 24 Clark's Laws of North Carolina, 1780, c. IV, p. 318 [p. 681].

Pennsylvania: See Acts of 1778 and 1781, 9 Stats at L. 288, 10 Stats at L. 418 and 497; Act to prevent forestalling and regrating and to encourage fair dealing, 1778, id. p. 177 [p 710]; Supplement to above, 1778. id. p. 245 [p. 731]; Same, 1778, id. p. 293 [p. 738]; Act for more effectually preventing forestalling, etc., 1779, id. p. 421 [p. 763].

Virginia See ordinance for establishing a mode of punishment for the enemies to America in this colony (licensing of imports) 1775, 9 Hening's Stats at L. 101, 103; Act for the punishment of certain offenses (importations), 1776, id. p. 171; Act for the appointment of naval officers and ascertaining their fees, 1776, id. p. 184 [p. 920].

Substitution just, etc..

the Presi

for violations.

tice. The President may, in lieu of any such unjust, of unreasonable, discriminatory, and unfair storage charge, ones therefor. commission, profit, or practice, find what is a just, reason- dent. able, nondiscriminatory and fair storage charge, commission, profit, or practice,1 and in any proceeding brought in any court such order of the President shall be prima facie evidence. Any person who, without a license issued, Punishment pursuant to this section, or whose license shall have been revoked, knowingly engages in or carries on any business for which a license is required under this section, or willfully fails or refuses to discontinue any unjust, unreasonable, discriminatory and unfair storage charge, commission, profit, or practice, in accordance with the requirement of an order issued under this section, or any regulation prescribed under this section, shall, upon conviction thereof, be punished by a fine not exceeding $5.000, or by imprisonment for not more than two years, or both: Provided, That this section shall not apply to any farmer, gardener, cooperative association of farmers etc. not afor gardeners, including live-stock farmers, or other persons with respect to the products of any farm, garden, or other land owned, leased, or cultivated by him, nor to any retailer with respect to the retail business actually conducted by him, nor to any common carrier, nor shall anything in this section be construed to authorize the thorized. fixing or imposition of a duty or tax upon any article imported into or exported from the United States or any State, Territory, or the District of Columbia: Provided Retailer further, That for the purposes of this Act a retailer shall be deemed to be a person, copartnership, firm, corporation, cr association not engaging in the wholesale business whose gross sales do not exceed $100,000 per an

num.

Provisos.
Occupations,

fected.

No import or export tax au

fined.

de

Punishment for hoarding

Offenses

specified.

SEC. 6. That any person who willfully hoards any nec-, essaries shall upon conviction thereof be fined not exceed- necessaries. ing $5,000 or be imprisoned for not more than two years, or both. Necessaries shall be deemed to be hoarded within the meaning of this Act when either (a) held, contracted for, or arranged for by any person in a quantity in excess of his reasonable requirements for use or consumption by himself and dependents for a reasonable time; (b) held, contracted for, or a. ranged for by any manufacturer, wholesaler, retailer, or other dealer in a

1 See

Executive Order No. 2765, November 27, 1917 [p. 190], and atatutes annotated under Sec. 25, Food Control Act, p. 76, infra.

quantity in excess of the reasonable requirements of his business for use or sale by him for a reasonable time, or reasonably required to furnish necessaries produced in surplus quantities seasonally throughout the period of scant or no production; or (c) withheld, whether by possession or under any contract or arrangement, from the market by any person for the purpose of unreasonably Provisos increasing or diminishing the price: Provided, That Exchange, etc.. transac this section shall not include or relate to transactions on any exchange, board of trade, or similar institution or place of business as described in section thirteen of this Act that may be permitted by the President under the authority conferred upon him by said section thirteen: Accumulat Provided, however, That any accumulating or withholding their prod ucts by farming by any farmer or gardener, cooperative association deemed hoard of farmers or gardeners, including live-stock farmers, or

tions not included.

Post, p. 280.

ers, etc..

ing.

any other person, of the products of any farm, garden, or other land owned, leased, or cultivated by him shall not be deemed to be hoarding within the meaning of this Act.

1 Resolutions of the Continental Congress.

See Resolution regarding monopolizing and engrossing, November 26, 1776. VI Journals of the Continental Congress [Library of Congress] 980-1 [p. 206]; Resolution regarding price fixing, engrossing, regrating, etc., November 22, 1777, IX id. 956 [p. 211]; Resolution requesting states to enact legislation covering impressments, December 20, 1777. IX id. 1043 [p. 214]; Resolutions of Congress regarding forestalling and engrossing and speculating, October 2, 1778, XII id. 974 [p. 220].

Revolutionary War Statutes.

Connecticut: See Act to encourage fair dealing, and to restrain and punish sharpers and oppressors, Acts and Laws, Connecticut, October, 1777, p. 476 [p. 228]; Act reviving acts punishing and preventing oppression, id. May, 1778, p. 499 [p 240]; Act further to prevent monopolizing and engrossing, etc., id. October, 1778, p. 503 [p. 241]; Act to continue in force an act entitled "An act to encourage fair dealing and to restrain and punish sharpers and oppressors," id. January, 1779, p. 510 [p. 243]; Act to continue an act or law of the General Assembly passed in October, 1778, entitled An act further to prevent monopolizing and engrossing and to provide for obtaining supplies for the Continental Army, Navy, and the Militia of this State," id. January, 1780, p. 545 [p. 245].

Delaware: See Act to prevent forestalling and engrossing, and for other purposes therein mentioned, Acts of General Assembly of Delaware, 4th Session, December 25, 1779 [p. 257].

Georgia: See Act to regulate and extend the trade and commerce of this state and to establish an insurance office for the encouragement thereof, and also to restrain the sale of merchandise by public auction within the state. September 16, 1777, 19 Colonial Records of Georgia, Pt. 2, p. 72 [p. 279].

Maryland: See Act to punish forestalling and engrossing, and for other purposes, Laws of the State of Maryland, 1777, June Session, c. xi [p. 293]; Act to amend the foregoing. id. 1777, October Session, c. xi [p. 300]; Act to prevent forestalling and engrossing, and for other purposes therein mentioned, id. 1778, October Session, c. vill

of hoarded nec essaries.

SEC. 7. That whenever any necessaries shall be hoarded Seizure, etc.. as defined in section six they shall be liable to be proceeded against in any district court of the United States within the district where the same are found and seized by a process of libel for condemnation, and if such necessaries shall be adjudged to be hoarded they shall be dis

[p. 317]; Act for the more effectual preventing forestalling and engrossing, and for other purposes therein mentioned, 1779, July Session, c. xvii [p. 344]; Act for the more effectual preventing forestalling and engrossing, and for other purposes therein mentioned, id. 1779, November Session, c. xvili [p. 370]; Act to procure a supply of salt meat for the use of the army, id. 1780, June Session, c. xxi [p. 391]; Act to regulate auctions, id. 1780, October Session, c. xxx [p. 395].

Massachusetts: See Act to prevent monopoly and oppression, Original Acts and Laws, 1776, May Session, p. 78 [p. 427]; Act in addition to and amending the foregoing, id. 1777, p. 129 [p. 429]; Act for repealing the two foregoing acis, id 1777, p. 142 [p. 439]; Act against monopoly and forestalling, 1779, id. p. 214 [p. 441]; Act to prevent the withnolding of necessaries, etc., id. 1779, June Session, p. 245 [p. 446]; Act to continue an act entitled An act against monopoly and forestalling," which act is near expiring, id. 1779, p. 257 [p. 452]; Act continuing an act against monopoly and forestalling, id. 1780, May Session, p. 316 [p. 454]; Act reviving an act against monopoly and forestalling, id. 1781, May Session, p. 75 [p. 75].

New Hampshire: See Act in addition to an act entitled an Act for the regulating the prices of sundry articles therein enumerated, 4 Metcalf's Laws of New Hampshire 88 [p. 473]; Act to encourage fair dealing and to restrain and punish sharpers and oppressors, 4 Metcalf's Laws of New Hampshire 139 [p. 477]; Act to prevent monopoly of corn, id. p. 209 [p. 479].

New Jersey: See Act for regulating and limiting the prices of sundry articles of produce. manufacture, and trade, and to prevent forestalling, regrating and engrossing. Acts of the State of New Jersey, December 11, 1777, c. 8 [p. 516]; Act to suspend for a limited time the operation of an act entitled An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade and to prevent forestalling, regrating, and engrossing, id. June 22, 1778, e 34 [p. 529]; Act further to suspend the operation of an act entitled Aa at for regulating and limiting the price of labor and of sundry arcles of produce, manufacture, and trade, and to prevent forestalling. regrating, and engrossing," id. October 7, 1778, c. 42 [p. 530]; Act further to suspend the operation of an act entitled An act for regulating and limiting the price of labor and of sundry articles of prodʼn e, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. December 3, 1778, c. 5 [p. 531]; Act to prevent engrossing, forestalling, and enhancing the prices of produce, manufacture and merchandise within this state, id. December 15, 1779, e. 11 [p. 532]; Act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, c. 12 [p. 540]; Act for suspending the operation of an act entitled "An act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life," id. February 26, 1780, c. 24 [p. 553]; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. II, p. 195 [p. 581].

New York: See Act to regulate the wages of mechanics and laborers, the prices of goods and commodities and the charges of innkeepers, within this state, and for other purposes therein mentioned, 1778, 1 Cook's N. Y. Laws 71 [p. 599]; Act more effectually to provide supplies of four, meal, and wheat for the army, 1778, 1 Cook's N. Y. Laws 92 [p. 605]: Act more effectually to supply the army with flour, 1780, id. p. 200 [p. 630]; Act for a general limitation of prices, and to prevent engrossing and withholding from this state, 1780, id. p. 210 [p. 640]; Aet to procure supplies for the army, etc., 1780, id. p. 266

Sale, etc.

Procedure

posed of by sale' in such manner as to provide the most equitable distribution thereof as the court may direct, and the proceeds thereof, less the legal costs and charges, shall be paid to the party [279] entitled thereto. The proceedings of such libel cases shall conform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall

[p. 643]; Act
purchases

.

to repeal the laws prohibiting

the

of flour, meal, and wheat with intent to be sold again, 1780, id. p. 292 [p. 659].

North Carolina: See Act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned, 24 Clark's Laws of North Carolina, 1780, c. 4, p. 318 [p. 680]; Act to repeal an act entitled "An act for the more effectually preventing engrossing and forestalling; for the encouragement of commerce and the fair trader, and for other purposes therein mentioned," 24 Clark's Laws of North Carolina, 1780, c. 9, p. 354 [p. 689].

Pennsylvania: See Act to prevent forestalling and regrating, and to encourage fair dealing, 1778, 9 Stats. at L. 177 [p. 708]; Supplement to act entitled "an Act for the better supply of the armies of the United States," 1778, id. p. 199 [p. 725]; Act supplemental to act first named above, 1778, id. p. 245 [p. 731]; Further supplemental act to the foregoing, 1778, id. p. 293 [p. 738]; Act for supplying the army of the United States and for other purposes therein mentioned, 1779, id. p. 373 [p. 747]; Act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned, 1779, id. p. 421 [p. 761]; Act repealing divers acts regarding the preventing of forestalling and regrating and the encouragement of fair dealing, 1780, id. p. 175 p. 784].

Rhode Island: See Act to prevent monopolies and oppressions, Laws of Rhode Island, December, 1776, p. 30 [p. 830]; Act additional to the foregoing, id. March, 1777, p. 24 [p. 832]; Act to prevent monopolies and oppression, id. May, 1777, p. 17 [p. 842]; Act repealing the foregoing, id. August, 1777, p. 7 [p. 851].

South Carolina: See Act to prohibit the sale of goods, wares, and merchandise at public vendue in this state, 1777, 4 Cooper's Stats, at L. 395 [p. 887] Act repealing the last named act, 1778, id. p. 402 [p. 892]; Act bestowing powers on governor relating to vendues, 1780, 4 Cooper's Stats. at L. 504 [p. 902].

Virginia: See Act to prevent forestalling, regrating, engrossing, and public vendues, 1777, 9 Hening's Stats. at L. 382 [p. 942]; Act for enabling the public contractors to procure stores of provisions necessary, etc., 1777, id. p. 385 [p. 945]; Act to amend the act for preventing forestalling, regrating, engrossing, and public vendues, 1778, id. p. 581 [p. 952]; Act to enable the Governor and Council to supply the armies and navies of the United States, and of their allies, with grain and flour, 1778, id. p. 584 [p. 955]; Act to revive an act entitled "An act to amend an act for preventing forestalling, regrating, engrossing, and public vendues," 1779, 10 Hening's Stats. at L. 157 [p. 961]; Act for further continuing an act entitled "An act to amend an act for preventing forestalling, regrating, engrossing, and public vendues," 1781, id. p. 425 [p. 983].

1 Revolutionary War Statutes.

New Hampshire: See Act in addition to an Act entitled "An Act for the regulating the prices of sundry articles therein enumerated," 4 Metcalf's Laws, p. 88 [p. 473].

South Carolina: See, for nalogous power, Ordinance for the better defense and security of this state, during the recess of the General Assembly, 1780, 4 Cooper's Stats. 504 [p. 901].