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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

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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 .

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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 .