Hoarding, destroying, etc., for. Storing per of farms, excepted. SEC. 26. That any person carrying on or employed in necessaries to commerce among the several States, or with foreign nalimit supply, etc., a felony. tions, or with or in the Territories or other possessions of the United States in any article suitable for human food, fuel, or other necessaries of life, who, either in his individual capacity or as an officer, agent, or employee of a corporation or member of a partnership carrying on or employed in such trade, shall store, acquire, or hold, or who shall destroy or make away with any such article for the purpose of limiting the supply thereof to the public or affecting the market price thereof in such comPunishment merce, whether temporarily or otherwise, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000 or by impris Provisos. onment for not more than two years, or both: Provided, sonal products That any storing or holding by any farmer, gardener, or other person of the products of any farm, garden, or other land cultivated by him shall not be deemed to be a Associations storing or holding within the meaning of this Act: Proof farmers, etc. vided further, That farmers and fruit growers, cooperative and other exchanges, or societies of a similar character shall not be included within the provisions of For future this section: Provided further, That this section shall not be construed to prohibit the holding or accumulating of any such article by any such person in a quantity not in excess of the reasonable requirements of his business for a reasonable time or in a quantity reasonably required to furnish said articles produced in surplus quantities seasonally throughout the period of scant or no Antitrust production. Nothing contained in this section shall be construed to repeal the Act entitled [287] "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, commonly known as the Sherman Antitrust Act. business needs. etc. Act not affected. Vol. 26, p. 209. soda. may procure agriculture. Nitrate of SEC. 27. That the President is authorized to procure President or aid in procuring, such stocks of nitrate of soda as he and sell, to aid may determine to be necessary, and find available, for increasing agricultural production during the calendar years nineteen hundred and seventeen and eighteen, and to dispose of the same for cash at cost, including all exAppropria-penses connected therewith. For carrying out the purposes of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appro tion. of priated, available immediately and until expended, the Means operation. sum of $10,000,000, or so much thereof as may be necessary, and the President is authorized to make such regulations, and to use such means and agencies of the Government as, in his discretion, he may deem best. The Deposit of proceeds arising from the disposition of the nitrate of soda shall go into the Treasury as miscellaneous receipts. "AIR STATION ACT." proceeds. October 6, [Public, No. N. J. Appropriation for acquir station site at. [344] Chap. 77.—An Act To provide for the acquisition of an alr station site for the United States Navy. [Approved, October 6, 1917. 40 Stats. 344.] Be it enacted by the Senate and House of Representa- Cape May. tives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is ing naval air hereby, authorized to acquire, by purchase or condemnation, including all easements, riparian and other rights appurtenant thereto, for use for naval purposes, the tract of land situate at Cape May, New Jersey, lying between Princeton and Kansas Avenues and the water front and Cape May Avenue, comprising, exclusive of Pennsylvania Avenue, which intersects the tract and is to remain a public thoroughfare, approximately fiftyseven and seventy-three one-hundredths acres, or such enlarged area for which he may be able to contract within the appropriation, and there is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the acquisition of said property and of all easements, riparian and other rights appurtenant thereto, the sum of $150,000: Provided, Expenditures That the Secretary of the Navy shall authorize the payment of no part of this sum, except for perfecting the title and dredging Cold Spring Harbor and the entrance thereto, in order to make it more available for naval purposes: And provided further, That the Secretary of Acquisition the Navy be, and he is hereby, empowered in his discre- lands without tion to acquire, if possible, additional acreage without increased cost and within the appropriation herein authorized, and to exact guarantees for the maintenance of the electric railway now running through the above-,,Condemnadescribed land; and power is hereby conferred upon the ized. Secretary of the Navy to condemn the said tract of land for naval, aviation, and kindred purposes on the New Provisos. limited. of additional increased cost. tion author Jersey coast adjacent to Cold Spring Harbor; and the Conditions. 'H. R. 5949. Public, No. 64.1 Secretary of the Navy is hereby directed, in conducting his negotiations with the Cape May Real Estate Company, to maintain intact the obligation existing between the United States and the Cape May Real Estate Company, executed by the said company June twenty-fifth, nineteen hundred and seven; and that this contract shall not be regarded as a waiver of either the obligation of the company or the rights of the United States. "URGENT DEFICIENCIES ACT!' October 6, 1917. 345] CHAP. 79.—An Act Making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes. Approved, October 6, 1917. 40 Stats. 345. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. * * * Emergency thipping Fund. Purchasing, etc., shipping Limit of cost increased. Ante, p. 182. EMERGENCY SHIPPING FUND. The cost of purchasing, requisitioning, or otherwise plants, ships, etc. acquiring plants, material, charters, or ships now constructed or in the course of construction and the expediting of construction of ships thus under construction, authorized by the urgent deficiency appropriation Act approved June fifteenth, nineteen hundred and seventeen, is increased from $250,000,000 to $515,000,000, and there is appropriated for this purpose the sum of $200,000,000. Building ships. Purchass of other ships. Acquisition, tc., of plants for shipbuilding. Prov ng ground. The cost of construction of ships authorized by the urgent deficiency appropriation Act approved June fifteenth, nineteen hundred and seventeen, is increased from $500,000,000 to $1,234,000,000, and there is appropriated for this purpose the sum of $250,000,000. For the purchase of ships, other than those heretofore or herein authorized, $150,000,000. For the acquisition or establishment of plants suitable for shipbuilding, or of materials essential thereto, and for the enlargement or extension of such plants as are now, or may be hereafter acquired or established, $35,000,000. [352] PROVING GROUND: For increasing facilities for the equipment, and proof and test of ordnance material, including necessary buildings, construction, equipment, land, and damages and losses to persons, firms, and cor[353]porations, result etc. Condemnation ized. Compensation. ing from the procurement of the land for this purpose, and also the salaries and expenses of any agents appointed to assist in the procurement of said land or damages resulting from its taking, $7,000,000: Provided That if Provisos. the land and appurtenances and improvements attached of land authorthereto, as contemplated under the foregoing appropriation, can not be procured by purchase, then the President is hereby authorized and empowered to take over for the United States the immediate possession and title, including all easements, rights of way, riparian and other rights appurtenant thereto, or any land selected by him to be used for the carrying out of the purpose named in the aforesaid appropriation. That if said land and appurtenances and improvements 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, so determined by the President, is un- Suit, satisfactory to the person entitled to receive the same, factory. 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 the said seventy-five per centum, will make up such amount as will be just compensation there-, Vol. 36, pp. for, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and fortyfive of the Judicial Code. Upon the taking over of said. Title to vest property by the President as aforesaid the title to all such property so taken over shall immediately vest in the United States: Provided further, That section three applicable. hundred and fifty-five of the Revised Statutes of the p. 60. United States shall not apply to the expenditures authorized hereunder.1 amount unsatis 1093, 1136. immediately. Restriction not R. 8., sec. 355, Sales of airplane eign governetc., aid ing States. [356] The President, during the present emergency, is authorized, through the head of any department of the 'Government, to sell any war materials used in the con- materials, during struction of airplanes which may have been or may here- the war, to forafter be acquired by the United States for the purpose of menthetented the Army or Navy, or for the prosecution of war, to any person, firm, or corporation, or to any foreign state or government engaged with the United States Government in the prosecution of war against a common enemy or its allies, in such manner and upon such terms, at not less than cost, as he in his discretion may deem best: 1 See Presidential Proclamation No. 1418, December 14, 1917 [p. 153]. Proviso. Reuse of moneys received. Target practice damage claims. Ante, p. 59. Proviso. Settlement by Auditor Provided, That any moneys received by the United States hereunder shall become available as part of the appropriation by which said property was purchased by the United States. [364] CLAIMS FOR DAMAGES TO AND LOSS OF PRIVATE PROPERTY: For payment of claims for damages to and loss of private property incident to the training, practice, and operations of the Army that have accrued, or may hereafter accrue, from time to time, $15,000: Provided, That settlement of such claims shall be made by the Auditor for the War Department, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages. Naval emer gency fund At discretion o the President. NAVAL EMERGENCY FUND. [369] To enable the President to secure the more Vol. 39, p. 1192. economical and expeditious delivery of materials, equipment, and munitions, and secure the more expeditious construction of ships authorized, and for the purchase or construction of such additional torpedo boat destroyers, submarine chasers, and such other naval small craft, and for each and every purpose connected therewith, as the President may direct, to be expended at the direction and in the discretion of the President, $100,000,000. Acquisition of lands, etc., for * [371] The President is hereby authorized and empowconstruction. ered, within the amount herein before authorized, to acVol. 39, p. 1193. quire or provide facilities additional to those now in existence for the construction of torpedo-boat destroyers, their hulls, machinery, and appurtenances, including the immediate taking over for the United States of the possession of and title to land, its appurtenances and improvements, which he may find necessary in this connection. Compensation. That if said lands and appurtenances and improvements shall be taken over as aforesaid, the United States shall make just compensation therefor, to be deterSuit, etc., if mined by the President, and if the amount thereof, so determined by the President, is unsatisfactory to the amount unsatis factory. |