Full text of Lever Act (Food and Fuel Control)
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276 SIXTY-FIFTH CONGRESS . SESS . I. CHs . 52, 53 . 1917 . the entry which is susceptible of cultivation during the first year of the entry, not less than one-eighth during the second year, and not loss than one-fourth during the third year of the entry and until state residence re- final proof : Provided further, That after six months from the date of quiredd entry and until final proof the eutryman shall be a resident df the State of Idaho." Reclamation Act. SEC . 11 . That the Secretary f the Interior is hereby authorized, suspension of resideneereguirement, e tc. in his discretion, to suspend uriII the continuance of this Act that authorized § provision of the Act known as the "Reclamation Act" requiring Vol . 32, P . 3F9 . residence upon lands in private ownership or within, the neighborhood for securing water for the irrigation of the .same, and he is authorized to permit the use of available water thereon upon such terms and conditions as he may deem proper . Act to cease after SEC . 12 . That the provisions of this Act shall cease to be in effect . we-terminates when the national emergency resulting from the existing state of war shall have passed, the date of which shall be ascertained and proDate. claimed by the President ; but the date when this Act shall cease to be in effect shall not be later than the beginning of the next fiscal year after the termination, as ascertainethe President, of the present war between the United States and ermany . Approved, August 10, 1917 . Au10, I nt . 1917 . 4961 .] jPuhlic, No . 41.1 CHAP . 53 .-An Act To provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel . Be it enact; d by the Senate and House of Representatives of the United States of America in Congress assembled, That by reason of the existence c a state of war, it is essential to the national security and defense,~ for the successful prosecution of the war,r and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement, of foods, feeds, fuel including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and To prevent scarcity . fuel, hereafter in this Act called necessaries ; to prevent, locally or etc . generally, scarcity, monopolization, hoarding, injurious speculation, To establish govern- manipulations, and private controls, affecting such supply, distrimental control . bution, and movement ; and to establish and maintain governmental Means, etc ., created. control of such necessaries during the war . For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, estabRegulations and orders to be issued . lished, conferred, and prescribed . The President is authorized to make such regulations and to issue such orders as are essential Effective powers effectively to carry out the provisions of this Act . vested in the President. SEC . 2 . That in carrying out the purposes of this Act the President is authorized to enter into any voluntary arrangements or agreements, to create and use any agency or agencies, to accept the services of any person without compensation, to cooperate with any agency or person, to utilize any department or agency of the Government, and to coordinate their activities so as to avoid any preventable loss or duplication of effort or funds . Government agents, SEC . 3 . That no person acting either as a voluntary or paid agent etc . Inducing contracts, etc ., by, forbidden, if or employee of the United States in any capacity ., including an adpecuniarily interested visory capacity, shall solicit, induce, or attempt to induce any person Lnercin . or officer authorized to execute or to direct the execution of contracts on behalf of the United States to make any contract or give any order for the furnishing to the United States of work, labor, or services, or of materials, supplies, or other property of any kind or Food products, fuel, etc§ Measures for conserv nag supply of desigoatednecw si , autrfng resent war, authorlaedl SIXTY-FIFTH CONGRESS . SESS . I. Cg . 53. 1917 . 277 character, if such agent or employee has any pecuniary interest in If party thereto, etc. such contract or order, or if he or any firm of which he is a member, or corporation, joint-stock company, or association of which he is an officer or stockholder, or in the pecuniary profits of which he is Interest in contracts directly or indirectly interested, shall be a party thereto . Nor shall recommendedby,tobe any agent or employee make, or permit any committee or other disclosedbody of which he is a member to make, or participate in rsaking, any recommendation concerning such contract or order to any council, board, or commission of the United States, or any member or subordinate thereof, without making to the best of his knowledge and belief a full and complete disclosure in writing to such council, board, commission, or subordinate of any and every pecuniary interest which he may have in such contract or order and of his interest in any firm, corporation, company, or association being a party thereto . Awarding such eonNor shall he participate in the awarding of such contract or giving ivin tenets forbidden . such order. Any willful violation of any of the provisions of this Punishment for ~osection shall be punishable by a fine of not more than $10,000, or by lations u imprisonment of not more than five years, or both : Provided, That Criminal • Code n ot the provisions of this section shall not change, alter or repeal section modified. Vol . 35,p.1os7. forty-one of chapter three hundred and twenty-one, Thirty-fifth Statutes at Large . SEC . 4 . That it is hereby made unlawful for any person willfully to restricttn usupply, art, destroy any necessaries for the purpose of enhancing the price or ing, etc., necessaries, restricting the supply thereof ; knowingly to commit waste or willfully Offenses specified . to permit preventable deterioration of any necessaries in or in connection with their production, msriufacture, or distribution ; to hoard, as defined in section six of this Act, any necessaries ; to monopolize or attempt to monopolize, either locally or generally, any necessaries ; to engage in any dis criminatory and unfair, or any deceptive or wasteful practice or device, or to make any unjust or unreasonable Conspiracies, combirate or charge, in handling or dealing in or with any necessaries ; to nations, etc., to accomconspire, combine, agree, or arrange with any other person, (a) to plish unlawful acts . limit the facilities for transporting ,~producing, harvesting, manufacturing, supplying, storing, or dealing in any necessaries ; (b) to restrict the supply of any necessaries ; (c) to restrict distribution of any necessaries ; (d) to prevent, limit, or lessen the manufacture or production of any necessaries in order to enhance the price thereof, or (e) to exact excessive prices for any necessaries ; or to aid or abet the doing of any act made unlawful by this section . SEC . 5 . That, from time to time, whenever the President shall find conducting specl8ed it essential to license the importation, manufacture, storage, mining, busmess in necessaries or distribution of any necessaries, in order to carry into effect any "'Pae,tpprllssseisss, of the purposes of this Act, and shall publicly so announce, no person fi00. 171 3, 1714, fT b. shall, after a date fixed in the announcement, engage in or carry 1779, 1802, IM, IM. on an - such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as . set forth in such announcement, unless he shall secure and hold a for issue license issued pursuant to this section. The President is authorized of,Regulations etc" authorized. to issue such licenses and to prescribe regulations for the issuance of licenses 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 places of business of licensees . Whenever the President shall find that any storage ansairc .,bstorage charge, commission, profit, or practice of any licensee is unjust, or ees to bediscontinued . iunreasonable, or dis'eriminatory 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 pre- 278 SIXTY-FIFTH CONGRESS . SESS . I. Cii . 53 . 1917 . criminatory and unfair storage charge, commission, profit, or practice . The President may in lieu of any such unjust, unreasonable, discriminatory, and unfair storage charge, commission, profit, or practice, find what is a just, reasonable, nondiscriminatory and fair storage charge, commission, profit, or practice, and in any proceeding brow ht in any court such order of the President shall be prima la b 88l meat for ~o- facie evidence . Any person who, without a license issued pursuant to this section, or whose license shall have been revoked, lmowingly 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 impriso nm ent for not more than two O ccupetions,eto.,not y ears, or both : Provided, That this section shall not apply to any at3eete armer, gardener, cooperative association of farmers or 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 Nu Import or export actually conducted by him, nor to any common 'carrier, nor shall tax authorized. anything in this section be construed to authorize the 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 DisRetailerde9nedr trict of Columbia : Provided further, That for the purposes of this Act a retailer shall be deemed to be a person, copartnership, firm, corporation; or association not engaging in the wholesale business whose gross sales do not exceed $100,000 per annum . SEc . 6 . That any person who willfully hoards any necessaries shall b•runs hmentriesor upon conviction thereof be fined not exceeding $5,000 or be imprisoned Oflonsesspec'_fted. 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 arranged for by any manufacturer, wholesaler, retailer, or other dealer in a 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 increasing h ahnnge etc.,trans- or diminishing the price : Provided, That this section shall not include actions not Included . or relate to transactions on' any exchange, board of trade, or similar Pe8t, p .280 . institution or place .of business as described in section thirteen of this Act that may be permitted by the President under the authority Accumulating their conferred upon him by said section thirteen : Provided, however, That products farmers, e me ahotea' any accumulating or withholding by any farmer or gardener, coopera1ull, tive association of farmers or gardeners, including live-stock farmers, or 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 . •elzure, etc ., of SEc. 7. That whenever any necessaries shall be hoarded as defined hoarded necessaries . in section six they shall be liable to be proceeded a ainst in any district court of the United States within the district were 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 disBaie,etc , 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 Substitutionof just, ones etor, by tho~' SIXTY-FIFTH CONGRESS . SESS . I. CH . 53 . 1917 . 279 entitled thereto . The proceedings of such libel cases shall conform Procedure . 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 be at the suit of and in the District attorneys to name of the United States . It shall be the duty of the United States prosecute,etc. attorney for the proper district to institute and prosecute any such action upon presentation to him of satisfactory evidence to sustain the same . SEC. 8 . That any person who willfully destroys any necessaries for, fu ahm~t for w111the purpose of enhancing the price or restricting the supply thereof series . shall, upon conviction thereof, be fined not exceeding $5,000 or imprisoned for not more than two years, or both . Punishment for con SEC . 9 . That that any person who conspires, combines, agrees, or spiraciesrespecting use . . arranges with any other person (a) to Emit the facilities for trans- -series offenses designated . su PP1 ng,,, storin bg1 or dealing dealing porting, producing, mamanufacturing, b~ in any necessaries ; (b) to restrict the supp y of any necessaries ; (c) to restrict the distribution of any necessaries ; (d) to prevent, limit, or lessen the manufacture or productiion of any necessaries in order to enhance the price thereof shall, upon conviction thereof, be fined not exceeding $10,000 or be imprisoned for not more than two years, or both . Requisition of neG SEC . 10 . That the President is authorized, from time to time, to essaries for public use, authorized. requisition foods, feeds, fuels, and other supplies necessary to the support of the Army or the maintenance of the Navy, or any other public use connected with the common defense, and to requisition Payment for. or otherwise provide, storage facilities for such supplies ; and he shall suit authorized if ascertain and pay a just compensation therefor . If the compensa- amount not satisfaction so determined be not satisfactory to the person entitled to re- tort' ceive 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 for such necessaries or storage space, and jurisdiction t, ;t cti n of dis. i s hereby conferred on the United States District Courts to hear and determine all such controversies : Provided I That nothing ain this sec- Proviso. Necessaries for pertion, or in the section that follows, shall be construed to require any smpt consumption exnatural person to furnish to the Government any necessaries held by him and reasonably required for consumption or use by himself and dependents, nor shall any person, firm, corporation, or association Seed for seeding also. b e required to furnish to the Government any seed necessary for the seeding of land owned, leased, or cultivated by them . SEC . 11 . That the President is authorized from time to time to ofPurcns , ssartes by purchase, to store, to` provide storage facilities for, and to sell for united states. cash at reasonable prices, wheat, flour, meal, beans, and potatoes : Provided, That if any minimum price shall have been theretof ore fixed, PMin mum price pursuant to the provisions of section fourteen of this Act, then the price paid for any such articles so purchased shall not be less than such minimum price. Any moneys received by the United States salese of receipts from from or in connection with the disposal by the United States of necessaries under this section may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. Any balance of such moneys not used as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts . SEC. 12 . That whenever the President shall find it necessary to o Authority to to secure an adequate supply of necessaries for the support of the Army to rimanufacture noeesor the maintenance of the Navy, or for any other public use connected with the common defense, he is authorized to requisition and take over, for use or operation by the Government, any factory, packing house, oil pipe line, mine, or other plant, or any part thereof, in or through which any necessaries are or may be manufactured, prodLeed, 280 aurn when SIXTY-FIFTH CONGRESS . not SEss . I . Cit. 53 . 1917 . prepared, or mined, and to operate the same . Whenever the President shall determine that the further use or operation by the Government of any such factory, mine, or plant, or part thereof, is not essential for the national security or defense, the same shall be redo tt stored to the person entitled to the possession thereof . The United designaed the President . States shall make just compensation, to be determined by the President, for the taking over, use, occupation, and operation by the suit authorized if Government of any such factory, mine, or plant, or part thereof . If amount not satisfacthe compensation so determined be unsatisfactory to the person entory . titled 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 Vol .36,pp .1093,1136will be just compensation, in the manner provided by section twentyfour, paragraph twenty, and section one hundred and forty-five of the o perative reguia- Judicial Code . The P resident is authorized to prescribe such regutons. lations as he may deem essential for carrying out the purposes of this section, including the operation of any such factory, mine, or plant, or part thereof, the purchase, sale, or other disposition of articles used, manufactured, produced, prepared, or mined therein, and the Continuing use of reemploy iaent, control, and compensation of employees . Any moneys ceipts,etc. received by the United States from or in connection with the usa or operation of any such factory, mine, or plant, or part thereof, may, in the discretion of the President, be used as a revolving fund for the purpose of the continued use or operation of any such factory, mine, or plant, or part thereof, and the accounts of each such factory, mine, Balances plant, or part thereof, shall be kept separate and distinct . Any balance of such moneys not used as part of such revolving fund shall bep aid into the Treasury as miscellaneous receipts . Exchange., boards SEC . 13 . ThatwheneverthePresident finds itessential inorder topreoftrade, etc . Regulations author- vent undue enhancement, depression, or fluctuation of prices of, or in iced to govern dealing in necessaries at . order to prevent injurious speculation in, or in order to prevent unjust market manipulationorunfairandmisleading market quotations of the prices of necessaries, hereaf ter in this section called evil practices, he is authorized to prescribe such regulations governing, or may either wholly or partly prohibit, operations, practices, and transactions at, on, in, or under the rules of any exchange, board of trade, or similar institution or place of business as he may find essential in order to to a ac. prevent, revent > correct, or remove such evil practices . Such regulations counts be kept . may require all persons coming within their provisions to keep such records and statements of account, and may require such persons to make such returns, verified under oath or otherwise, as will fully and correctly disclose all transactions at, in, or on, or under the rules of any such exchange, board of trade, or similar institution or place of business, including the making, execution, settlement, and fulfillment Clearing house transthereof . He may also require all persons acting in the capacity of a actions . clearing house, clearing association, or similar institution, for the purpose of clearing, setting, or adjusting transactions at, in, or on, or under the rules of anysuch exchange, board of trade, or similar institution or place of business, to keep such records and to make such returns as will fully and correctly disclose all facts in their possession Agents to investfrelating to such transactions, and he may appoint agents to conduct gate,ete. the investigations necessary to enforce the provisions of this section and all rules and regulations made by him in pursuance thereof, and Punishment for vfomay fix and pay the compensation of such agents . . Any person who lations . willfully violates any regulation made pursuant to this section, or who knowingly engages in any operation, practice, or transaction prohibited pursuant to this section, or who willfully aids or abets any such violation or any such prohibited operation, practice, or transaction, shall, upon conviction thereof, be punished by a fine not exceeding $10,000 or by imprisonment for not more than four years, or both . neRa SIXTY-FIFTH CONGRESS . SESS . I. CH. 53 . 1917 . 281 SEC . 14. That whenever the President shall find that an enter- G~uaantced price to gency exists requiring stimulation of the production of wheat and be established for, by that it is essential that the producers of wheat, produced within atep~ notice, nost1mUthe United States, shall have the benefits of the guaranty provided 1844rt, PP. 1348, 1649, for in this section, he is authorized, from time to time, seasonably and as far in advance of seeding time as practicable, to determine and fix and to give public notice of what, under specified conditions, is a reasonable guaranteed price for wheat, in order to assure such Conformable to producers a reasonable profit . The President shall thereupon fix standwd'h such guaranteed price for each of the official grain standards for Vol. 39, p. 482. wheat as established under the United States grain standards Act, Regulations governapproved August eleventh, nineteen hundred and sixteen . The ing, ate., to be issued President shall fs om time to time establish and promulgate such regulations as he shall deem wise in connection with such guaranteed prices, and in particular governing conditions of delivery and payment, and differences in price for the several standard grades in the Basis principal primary markets of the United States, adopting number one northern spring or its equivalent at the principal interior primary Price to producer . markets as the basis . Thereupon; the Government of the United States hereby guarantees every producer of wheat produced within the United States, that, upon compliance by him with the regulations prescribed, he shall receive for any wheat produced in reliance upon this guarantee within the period, not exceeding eighteen months, prescribed in the notice, a price not less than the guaran- Terms and ecndi . teed price therefor as fixed pursuant to this section . In such regu- tionc . lations the President shall prescribe the terms and conditions upon which any such producer shall be entitled to the benefits of such Minimum price for guaranty . The guaranteed prices for the several standard grades of crop of 1918. wheat for the crop of nineteen hundred and eighteen, shallle based upon number one northern spring or its equivalent at not less than Guaranty absolute . 82 per bushel at the principal interior primary markets . This guaranty shall not be dependent upon the action of the President under the first part of this section, but is hereby made absolute and shall Added duty on im_ be binding until May first, nineteen hundred and nineteen . When maintain authorized to the President finds that the importation into the United States of any wheat produced outside of the United States materiall enhances or is likely materially to enhance the liabilities of the United States under guaranties of prices therefor made pursuant to this section, and ascertains what rate of duty, added to the then existing rate of duty on wheat and to the value of wheat -at the time of importation, would be sufficient to bring the price thereof at which imported up to the price fixed tlerefor pursuant to the foregoing provisions of this section, lie -,hall proclaim such facts, and thereafter there shall be levied, collected, and paid upon wheat when imported, in addition to the then existing rate of duty, the rate of duty so No existing rate r& ascertained ; but in no case shall any such rate of duty be fixed at duce d . an amount which will effect a reduction of the rateT of duty u on Purchase, sale, etc, by the Government to wheat under any then existing tariff law of the United States . or sustainguaranty . the purpose of making any guaranteed price effective under this section, or whenever he deems it essential in order to protect the Government of the United States against material enhancement of its liabilities arising out of any guaranty under this section, the President is authorized also, in his discretion, to purchase any wheat for which a guaranteed price shall be fixed under this section, and to Dispositioc . hold, transport, or store it, or to sell, dispose of, and deliver the same to any citizen of the United States or to any Government engaged in war with any country with which the Government of the United States is or may be at war or to use the same as supplies for any department or agency of the Government of the Lnited States . f on,inning use ,r Any moneys received by the United States from or in conntetion receitns . with the sale or disposal of wheat under this section may, in the 282 SIXTY-FIFTH CONGRESS . SESS . I. Cm 53 . 1917 . discretion of the President, be used as a revolving fund for further carrying out the purposes of this section . Any balance of such moneys not used as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts. U se of foods, et c SEC . 15 . That from and after thirty days from the date of the Use foods ., to proauce, for beverages approval of this Act no foods, fruits, food materials, or feeds shall forbidden . be used in the production of distilled spirits for beverage purposes : Provided, That under such rules, regulations, and bonds as the Allowed, if not for beverages. President may prescribe, such materials may be used in the production of distilled spirits exclusively for other than beverage purposes, T o fortify wines . or for the fortification of pure sweet wines as defined by the Act . 3J, p .36. Vol . entitled "An Act to increase the revenue, and for other purposes," Imports forbidden. approved September eighth, nineteen hundred and sixteen . Nor shall there be im ported into the United States any distilled spirits . u `Belt and vinous uq- Whenever the President shall find that limitation, regulation, or Use of foods, etc ., prohibition of the use of foods, fruits, food materials, or feeds in the tproduce, may be production of malt or vinous liquors for beverage purposes, or that limited, etc. Post, pp.1723,1866 . reduction of the alcoholic content of any such malt or vinous liquor, is essential, in order to assure an adequate and continuous supply of food, or that the national security and defense will be subserved thereby, he is authorized, from time to time, to prescribe and give public notice of the extent of the limitation, regulation, prohibition, ucensesrequireds or reduction so necessitated. Whenever such notice shall have been given and shall remain unrevoked no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or import any such liquors except under license issued by the President and in compliance with rules and regulations determined by him governing R lles,etc . the production and importation of such liquors and the alcoholic P,uushmeut for vie . content thereof . Any person who willfully violates the provisions lations . of this section, or who shall use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or who shall import any such liquors, without first obtaining a license so to do when a license is required under this section, or who shall violate any rule or regulation made under this section, shall be punished by a fine not exceeding $5,000, or by imprisonment for not more than two years, No license at placess where manufacture or both : Provided further, That nothing in this section srliall be conprohibited . strued to authorize the licensing of the manufacture of vinous or malt liquors in any State, Territory, or the District of Columbia, or any civil subdivision thereof, where the manufacture of such vinous or malt liquor is prohibited . Distilled spirits. SEC . 16. That the President is authorized and directed to comCommandeering ¢f, in bend, etc ., for Gov- mandeer any or all distilled spirits in bond or in stock at the date of ent uses, authorized . the approval of this Act for redistillation, in so far as such redistillation may be necessary to meet the requirements of the Government in the manufacture of munitions and other military and hospital supplies, or in so far as such redistillation would dispense with the necessity of utilizing products and materials suitable for foods and feeds in the future manufacture of distilled spirits for the purposes herein Compensation. suit if amount net enumerated . The President shall determine and pay a just comsatisfactory . pensation for the distilled spirits so commandeered ; and if the compensation so determined be not satisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum Procedure . of the amount so determined by the President and shall be entitled to sue the United States to recover such further gum as, added to said seventy-five per centum, will make up such amount as will be .1096, 1132, Vol. 36,pp just compensation for such spirits, in the manner provided by section twenty-four, parera~ph twenty, and section one hundred and fortyfi ;' of the Judicial Code . Balances. SIXTY-FIFTH CONGRESS . SESS. I. CH . 53 . 1917 . 283 Punishment for asSEC. 17 . That every person who willfully assaults, resists, impedes saultmg officials, etc . or interferes with any officer, employee, oragent of he Unied States in the execution of any duty authorized to be performed by or pursuant to this Act shall upon conviction thereof be fined not exceeding $1,000 or be imprisoned for not more than one year, or both . "pprti iati SEC . 18 . That the sum of $2,500,000 is hereby appropriated, out mimstratn~e atn~e expenses, of any moneys in the Treasury not otherwise appropriated, to he printing, etc. available until June thirtieth, nineteen hundred and eighteen, for the payment of such rent, the expense, including postage, of such printmg anti publications, the purchase of such material and equipment, and the employment of such persons and means, in the city of Washington and elsewhere, as the President may deem essential. Appropriation for SEC . 19 . That for the purposes of this Act the sum of 5150 000 r 000 other purposes . is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be available during the time this Act is in effect : Prot7, Restriction . Provided, That no part of this appropriation shall be expended for the purposes described in the preceding section : Provided further, toon ie as a teousts That itemized statements covering all purchases and disbursements under this and the preceding section shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives on or before the twenty-fifth day of each month after the taking effect of this Act, covering the business of the preceding month, and said statements shall be subject to public inspection . Employees no exSEc . 20 . That the employment of any person under the provisions e ,pt from military of this Act shall not exempt any such person from military service draaft .tc under the provisions of the selective draft law approved May eight,p °' t ° eenth, nineteen hundred and seventeen . Detailed report t o SEc. 21 . The President shall cause a detailed report to be made to con gress each y ear . the Congress on the first day of January each year of all proceedings contents . bad under this Act durinthe year preceding . Such report shall, in addition to other matters,- contain an account of all persons appointed or employed, the salary or compensation paid or allowed each, the aggregate amount of the different kinds of property purchased or requisitioned, the use and disposition made of such property, and a statement of all receipts, payments, and expenditures, together with a statement showing the general character, and estimated value of all property then on hand, and the aggregate amount and character of all claims against the United States growing out of this Act . Invalidity of any SEc . 22. That if anyy clause, sentence paragraph, or part of this clause, etc., not to affeet remainder o f Act . Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which such judgment shall have been rendered . Construction of SEc . 23 . That words used in this Act shall be construed to import terms. the plural or the singular, as the case demands . The word "person," wherever used in this Act, shall include individuals, partnerships, Corporations, etc,reassociations, and corporations . When construing and enforcing the sponsibie for acts of provisions of this Act, the act, omission, or failure of any oMcial, agents. agent, or other person acting for or employed by any partnership, association, or corporation within the scope of his employment or office shall, in eveiy case, also be deemed the act, omission, or failure of such partnership, association, or corporation as well as that of the person . until SEc . 24 . That the provisions of this Act shall cease to be in effect endActof effective present war. when the existing state of war between the United States and Germany shall have terminated, and the fact and date of such termina- Pending actions, tion shall be ascertained and proclaimed by the President ; but the not affected§ thereby . termination of this Act shall not affect any act done, or any right or I 284 SIXTY-FIFTH CONGRESS . SESS . I. Cii . 53 . 1917 . obligation accruing or accrued, or any suit or proceeding had or commenced in any civil case before the said termination pursuant to this Enforcement of Act ;~ but all rights and liabilities under this Act arising before its terri~,hts,etc . urination shall continue and may be enforced in the same manner as etc ., Prosecutions , if the Act had riot terminated . Any offense committed and all continued . penalties, forfeitures, or liabilities inchred prior to such termination may be prosecuted or punished in the same manner and with the same effect as if this Act had not been terminated . Coal and coke. SEC . 25 . That the President of the United States shall be, and lie is Power conferred to re^_tilate prices, pro- hereby, authorized and empowered, whenever and wherever in his duo , `' es,ele,`rl¢`" judgment necessary for the efficient prosecution of the war, to fix the in, the N tar. p'l rice of coal and coke wherever and whenever sold, either by producer or dealer, to establish rules for the regulation of nd to regulate the method of production, sale, shipment, distribution, apportionment, or storage thereof among dealers and consumers, domestic or foreign : Execution by Federal Trade commis- said authority and power may be exercised by him in each case Sion . through the agent of the Federal Trade Commission during the war or for such part ofsaid time as in his judgment inay be necessary . President may take That if, in the opinion of the President, any such . producer or over and conduct busities-- ii producer, etc, dealer fails or neglects to conform to such prices or regulations, or fails to comply %sith regulations to conduct his business efficiently under the regulations , and control of the President as aforesaid, or conducts . i t in a manner prejudicial to the public interest, then the President is hereby authorized and empowered in every such case to requisition and take over the plant, business, and all appurtenances thereof belonging to such producer or dealer as a going concern, and to operate or cause the same to be operated in such manner and through such agency as he may direct during the period of the war or for such part of said time as in his judgment may be necessary. Determination riat any producer or dealer whose plant, business, and appurteof compensation . nances shall have been requisitioned or taken over by the President shall be paid a just compensation for the use thereof during the period that the same may be requisitioned or taken over as aforesaid, which compensation the President shall fix or cause to be fixed by the Federal Trade Commission . snit authorized if That if the prices so fixed, or if, in the case of the taking over or amount not satisfao-tory requisitioning of the mines or business of any such producer or dealer the compensation therefor as determined by the provisions of this Act be not satisfactory to the person or persons entitled to receive the same, such person shall be paid seventy-five per centum of the Procedure. amount so determined, and shaltbe 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 in the manVol .36,pp.ill96,1132 . ner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code . Operating employWhile o erating or causing to be operated any such plants or busie es, etc. ness, the President is authorized to prescribe such regulations as he may deem essential for the employment, control, and compensation of the employees necessary to conduct the same . Sale of products to Or if the President of the United States shall be of the opinion United States agency may be pee, jred that he can thereby better provide for the common defense, and whenever, in his judgment, it shall be necessary for the efficient prosecution of the war, then he is hereby authorized and empowered to require any or all producers of coal and coke, either in any special area or in any special coal fields, or in the entire United States, to sell their products only to the United States through an agency to Aeencv to control be designated b the 'President, such agency to regulate the resale production, sale, pur-ehases,etc of such coal-an coke, and the prices thereof, and to establish rules for the regulation of and to regulate the methods of production, shipment, distribution, apportionment, or storage thereof among SIXTY-FIFTH CONGRESS. SESS. I. CH. 53 . 1917 . 285 dealers and consumers, domestic or foreign, and to make payment of the purchase prime thereof to the producers thereof, or to the person or persons legally entitled to said payment . Shipments by That within fifteen days after notice from the agency so designated ducer to cease. pro. to any producer of coal and coke that his, or its, output is to be so purchased by the United States as hereinbefore described, such producer shall cease shipments of said product upon his own account and shall transmit to such agency all orders received and unfilled or orders, etc to be partially unfilled, showing the exact extent to which shipments have executed by .,agency . alone been made thereon, and thereafter all shipments shall be made only on authority of the agency designated by the President, and thereafter no such producer shall sell any of said products except to the United States through such agency, and the said agency alone is hereby authorized and empowered to purchase during the continuance of the requirement the output of such producers . That the prices to be paid for such products so purchased shall be prig's of purchase based upon a fair and just profit over and above the cost of produetion, including proper maintenance and depletion charges, the reasonableness of such profits and cost of production to be determined Suit, etc ., authorized by the Federal Trade Commission, and if the prices fixed by the said if amount not satiscommission of any such product purchased by the United States as factory hereinbefore described be unsatisfactory to the person or persons entitled to the same, such person or persons shall be paid seventy-five Procedure. per centum of the amount so determined, 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 l'01 36,pp,1096,1132 compensation in the manner provided by section twenty-four, pa~ragraph twenty, and section one hundred and forty-five of the Judicial Code. Government prices All such products so sold to the United States shall be sold by the to be uniform . United States at such uniform prices, q uality considered, as may be practicable and as may be determined b y said agency to be just and lair, Continuing use of Any moneys received by the United States for the sale of any such receipts. coal and coke may, in the discretion of the President, be used as a Balances. revolving fund for further carrying out the purposes of this section . ~ moneys not so used shall be covered into the Treasury as misAn cellaneous receipts. Cost of production That when directed by the President, the Federal Trade Commis- t¢ b¢ ascertained by commission . sion is hereby required to proceed to make full in ~ . uiry, giving such notice as it may deem practicable, into the cost of producing under reasonably efficient management at the various places of production the following commodities, to wit, coal and coke . Information red, pud The books correspondence records and papers in any way referringg from 1 reducers, purchascrs,etc . to transactions of any kind relating to the mining, production, sale, or distribution of all mine operators or other persons whose coal and coke have or may become subject to this section, and the books, correspondence, records, and papers of any person applying for the purchase of coal and coke from the United States shall at all times be subject to inspection by the said agency, and such person or persons shall promptly furnish said agency any data or information relating to the business of such person or persons which said agency . uthorfty of agency may call for, and said agency is hereby authorized to procure the to procure . information in reference to the business of such coal-mine operators and producers of coke and customers therefor in the manner provided Vol. 38, pp .z1,zz . for in sections six and nine of the Act of Congress approved September twenty-sixth, nineteen hundred and fourteen, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," and said agency is hereby authorized and 286 SIXTY-FIFTH CONGRESS . SESS. I. CH . 53 . 1917 . empowered to exercise all the powers granted to the Federal Trade Commission by said Act for the carrying out of the purposes of this section . of Having coin letQd its inquiry respecting any commodity in an ma imutmpices . l ocality, it shall, if the Presidentt has decided to fix the prices at Whig any such commodity shall be sold by producers and dealers generally, fix and publish maximum prices for both producers of and dealers in any such commodity, which maximum prices shall be observed by all producers and dealers until further action thereon is taken by the commission . Allowances for proIn fixing maximum prices for producers the commission shall allow ducers . the cost of production, including the expense of operation, maintenance, depreciation, and depletion, and shall add thereto a just and reasonable profit . Allowances for deal- In fixing such prices for dealers, the commission shall allow the ers . cost to the dealer and shall add thereto a just and reasonable sum for his rofit in the transaction . contracts not The maximum prices so fixed and published shall not be construed impaired. as invalidating any contract in which prices are fixed, made in good faith, prior to the establishment and publication of maximum prices by the commission . Punishment for vioWhoever shall, with knowledge that the prices of any such comiations . modity have been fixed as herein provided, ask, demand, or receive a higher price, or whoever shall, with knowledge that the regulations have been prescribed as herein provided, violate or refuse to conform to any of the same, shall, upon conviction, be punished by fine of not more than $5,000, or by imprisonment for not more than two years, or both. Each independent transaction shall constitute a separate offense . ., etc Norese,ononpurNothing in this section shall be construed as restricting or modifychases, for (`overnmentuse. ing in any manner the right the Government of the United States may have in its own behalf or in behalf of any other Government at war -with Germany to purchase, requisition, or take over any such commodities for the equipment, maintenance, or support of armed forces at any price or upon any terms that may be agreed upon or otherwise lawfully determined . Hoarding, destroy SEC . 26 . That an person carrying on nr employed in commerce ing, etc ., necessaries to limit supply, etc ., a among the several States, or with foreign nations, or with or in the felony. Territories or other possessions of the sited States in any article suitable for human food, fuel, or other necessaries of life, who, either in his individual ca acity 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 Punishment for. commerce, 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 imprisonment for not more than two . persnnnl ~' ears, or both : Provided, That any -storing or holding by any farmer, storing Storing piodu is of farms, ex- gardener, or other person of the products of any farm, garden, or other land cultivated by him shall not be deemed to be a storing or holding _lssoc .ationsoffarm- Within the meaning of this Act : Provided further, That farmers and ers, etc . fruit growers, cooperative and other exchanges, or societies of a similar character shall not be included within the provisions of this For future business section : Provided further, That this section shall not be construed to needs, etc. 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 seasoncctedrnst Act not ally throughout the period of scant or no production . Nothing conaff Vol . 26, p .202 . tained in this section shall be construed to repeal the Act entitled M SIXTY-FIFTH CONGRESS . SEss. I . CHs . 53-55 . 287 1917 . "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 . SEC . 27 . That the President is authorized to procure, or aid in procuring, such stocks of nitrate of soda as he 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 expenses connected therewith . For carrying out the purposes of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available immediately and until expended, the 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 proceeds arising from the disposition of the nitrate of soda shall go into the Treasury as miscellaneous receipts . Approved, August 10, 1917 . CHAP . 54 .-An Act To authorize and empower the Southwest Louisiana haterways Association, of the State of Louisiana . to construct a lock and dam in Mermentau River, in the State of Louisiana . Nitrate of soda . president may proau reo~sell, ll, to aid un Appropriation . Means of operation. Daps S septe [ . fproceeI 2785.] 1917 ] [Public, No . 42 .] Be it enacted by the Senate and House of Representatives of the United Mermentau River, States of America in Congress assembled, That the consent of Congress La. Southwest Louisiana is hereby granted for the Southwest Louisiana Waterways Association, waterw wesAssociation may, build lock and of the State of Louisiana, to construct a lock and dam in the Mer- dam m. mentau River at some suitable point, to be approved by the Secretary of War : Provided, That said lock and dam shall be constructed and Provisos maintained wholly at the expense of said Association and in accord- construction i ancewith plans and specifications approved by the Chief of Engineers pNos toll allowed . and the Secretary of War : Provided further, That no toll shall be imposed at any time for theI~ assage of any craft through said lock : Operation under And provided further, That the operation and care of said lock and Army officer . dam, with funds provided by the association, may, in the discretion of the Secretary of War, be assigned to the engineer officer of the United States Army in charge of the locality . Commencement . SEC . 2 . That this Act shall be null and void unless the privilege hereby granted shall be availed of within two years from the date Use`lim hereof : Provided, That no dam constructed under the consent hereby tise ited . granted shall be used to develop water power, nor to generate electricity, but the use of the dam by the construction shall be limited to irrigation . Amendment. SEC . 3 . That the right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, September 19, 1917 . CHAP . 55 .-Joint Resolution For improving Willapa Harbor and River, Washington . Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War mayy proceed with the work of improving WillaPa Harbor and River, 1 p Washington, in accordance with the authorization in the river and harbor Act of July twenty-seventh, nineteen hundred and sixteen, provided he is assured that the city of Raymond and other local interests will contribute the sum of $71,775, being one-half the actual estimated cost of dredging in the North and South Forks of the Willapa River above their junction and will comply with all the other conditions of cooperation imposed by the said Act . Approved, September 19, 1917 . Se tember 19, 1917 . p1s . J. Res . 93.] [Pub . Res ., No. u .] Willapa Harbor and River, Wash. Construction of improvement work authorized . Vol. 39, p. 405 .