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Section 12, Food Control Act [p. 64]; regulation of dealings in necessaries, Section 13, Food Control Act [p. 67); stimulation of industries by bonus or otherwise, Section 14, Food Control Act [p. 69]; furnishing allies with supplies, Section 14, Food Control Act [p. 71]; prohibition of the use of grains for making distilled spirits, Section 15, Food Control Act (p. 72]; fixing of prices, Section 25, Food Control Act [p. 76]; the impressment and compensation of labor, Section 12, Food Control Act [p. 65]; confiscation of enemy goods (Section 6) and handling of debts to and from enemies (Section 7 (b)), Trading with the Enemy Act (pp. 102, 105]. The reference “ E. L.” used herein are to pages in this volume.

J. R. C. January 31, 1918.

PART I.-CURRENT EMERGENCY LEGISLATION UP TO

DECEMBER, 1917.

“ NATIONAL DEFENSE ACT."

(166] CHAP. 134.–An Act For making further and more effectual June 3, 1916.

[H. R. 12766.) provision for the national defense, and for other purposes. (Approved, June 3, 1916. 39 Stats. 166.)

(Public, No.

85.) Be it enacted by the Senate and House of Representa- National Detives of the United States of America in Congress assembled,

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Military supplies.

Purchases authorized from in time of war.

[213] Sec. 120. PURCHASE OR PROCUREMENT OF MILITARY SUPPLIES IN TIME OF ACTUAL OR IMMINENT WAR.The President, in time of war or when war is imminent, manufacturers is empowered, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, company, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry.

Compliance with all such orders for products or mate-Orders obrial shall be obligatory on any individual, firm, associa- precedence, etc. tion, company, corporation, or organized manufacturing industry or the responsible head or heads thereof and bekannte shall take precedence over all other orders and contracts plants refuse, theretofore placed with such individual, firm, company, association, corporation, or organized manufacturing in

Regular dustry, and any individual, firm, association, company, planta corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any plant equipped for the manufacture of arms or ammunition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any manufacturing plant,

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Plants capa: which, in the opinion of the Secretary of War shall be facturing arms, capable of being readily transformed into a plant for the

manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall refuse to give to the United States such preference in the matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammunition, or other supplies or equipment,

at a reasonable price as determined by the Secretary of Operation, b? War, then, and in either such case, the President, through nance Depart-the head of any department of the Government, in addi

tion to the present authorized methods of purchase or procurement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or

when war shall be imminent, such product or material as for noncomplit may be required, and any individual, firm, company, asso

ciation, or corporation, or organized manufacturing industry, or the responsible heads or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000.

ance.

1 For statutes somewhat analogous in principle passed during the Revolutionary War see

New Hampshire: Act for raising eleven thousand and two hundred weight of beef within this state for the use of the Continental Army, 1780, 4 Metcalf's Laws of New Hampshire 307 [p. 482); Act for raising one million and four hundred thousand pounds weight of beef toward the support of the Continental Army, 1781, id. p. 353 (p. 487) ; Act for supplying the Continental Army with ten thousand gallons of West India rum, 1781, id. p. 415 [p. 491).

New York: Act to procure a supply of shoes and stockings for the troops raised under the direction of this State, 1778, 1 Cook's N. Y. Laws, 24 [p. 585); Act for procuring a further supply of clothing for the five continental Battallions raised under the direction of this state, 1778, id. p. 91 (p. 604); Act to procure a further supply of shoes and stockings, for the troops raised under the direction of this state, 1779, id. p. 121 (p. 614].

Rhode Island: Act apportioning beef supply among the several towns of the state, January, 1781, Laws of Rhode Island, p. 20 [p. 864].

Virginia: Act to empower the Governor and council to employ persons for working the lead mines to greater advantage, 1776, 9 Hening's Stats. 237 (p. 927]; Act for supplying the army with clothes, provisions, and wagons, 1780, 10 Hening's Stațs. 338 (p. 969] ; Same, 1781, id. p. 393 (p. 9791.

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The compensation to be paid to any individual, firm, cocoppendatets

, company, association, corporation, or organized manu- etc. facturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. [214] The Secretary of War shall also make, or cause

Private arms

and munition to be made, a complete list of all privately owned plants plants to be in the United States equipped to manufacture arms or

required. ammunition, or the component parts thereof. He shall obtain full and complete information regarding the kind of arms or ammunition, or the component parts thereof, manufactured or that can be manufactured by each such plant, the equipment in each plant, and the maximum ture arms, etc. capacity thereof. He shall also prepare, or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into ammunition factories in time of war or when war shall be imminent; and as to all such plants the Secretary of War shall obtain full and complete information as to the equipment of each such plant, and he shall prepare Plans for comprehensive plans for transforming each such plant etc., to be made! into an ammunition factory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted.

The President is hereby authorized, in his discretion, mobilization of to appoint a Board on Mobilization of Industries Essen- Industries tial for Military Preparedness, nonpartisan in character, itary Preparedand to take all necessary steps to provide for such clerical Appointment, assistance as he may deem necessary to organize and coordinate the work hereinbefore described. Sec. 121. INVESTIGATION AS to GOVERNMENT MANUFAC- manufacture of

Government TTRE OF ARMS, AND SO FORTH.—The Secretary of War is arms etc. hereby authorized to appoint a board of five citizens, two bility, etc. of whom shall be civilians and three of whom shall be officers of the Army, to investigate and report to him the reported. feasibility, desirability, and practicability of the Government manufacturing arms, munitions, and equipment, showing in said report the comparative prices of the arms, munitions, and equipment manufactured in Gov. ernment plants and those manufactured in private plants, the amount of money necessary to build and operate Government plants for the manufacture of arms, muni

Essential for Mil

etc.

Board to investigate feasi.

Details to be

tions, and equipment; showing also what the Government plants and arsenals are now doing in the way of manufacturing arms, munitions, and equipment, and what saving has accrued to the Government by reason

of its having manufactured a large part of its own arms, Report to munitions, and equipment for the last four years. And Congress.

the Secretary of War is hereby directed to transmit said report to Congress on or before January first, nineteen hundred and seventeen.

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Manufacture of arms, etc.,

[215] Sec. 123. PROCUREMENT OF GAUGES, DIES, JIGS, for immediate

AND SO FORTH, NECESSARY FOR MANUFACTURE OF ARMS, AND Tools, gauges, etc., to be pro- so FORTH.—The Secretary of War be, and he is hereby, cured,

authorized to prepare or cause to be prepared, to purchase or otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings, as may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and special equipment necessary to arm and equip the land forces likely to be required by the United States in time

of war: Provided, That in the expenditure of any sums Discretionary use of expendi- appropriated to carry out the purposes of this section

the existing laws prescribing competition in the procurement of supplies by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service.

SEC. 124. NITRATE SUPPLY.-The President of the ply.

Investigation United States is hereby authorized and empowered to means for pro- make, or cause to be made, such investigation as in his

judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products

by water power or any other power as in his judgment is Exclusive use the best and cheapest to use; and is also hereby authorof sites.

ized and empowered to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands,

as in his opinion will be necessary for carrying out the Construction of plants, etc." purposes of this Act; and is further authorized to con

struct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and ot.ier plants and equipment or other

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