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submarines to

ly built.

In addition to the eighteen submarines hereinbefore Additional appropriated for, the Secretary of the Navy is hereby be immediateauthorized and directed to proceed at once to cause to be constructed twenty coast submarines to have a surface displacement of about eight hundred tons each at a cost not to exceed $1,300,000 each, exclusive of armor and armament, on the most approved lines according to plans and specifications to be provided or adopted by the Secretary of the Navy. The same may be let by contract to etc. private builders or constructed by the Government in navy yards, or both, as may be directed by the Secretary of the Navy. Said twenty submarines shall be constructed Pacific coast on the Pacific coast: Provided, That the cost of construc- Proviso. tion on the Pacific coast does not exceed the cost of con- tion. struction on the Atlantic coast plus the cost of transportation from the Atlantic to the Pacific. Eighteen Appropriation. million dollars is hereby appropriated toward the construction of said submarines.

construction.

Cost condi

Contracts,

ship construc

(a) That the word "person" as used in paragraphs Emergency (b), (c), next hereafter shall include any individual, tion. trustee, firm, association, company, or corporation. The terms used. Meaning of word "ship" shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words "war material" shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word "factery" shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or [1193] any process, and any shipyard or dockyard. The words "United States" shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States.

authority vestprior to March

(b) That in time of war, or of national emergency, Additional arising prior to March first, nineteen hundred and eight-ed in President een, to be determined by the President by proclamation, 1, 1918. the President is hereby authorized and empowered, in addition to all other existing provisions of law:

ships or

war

any person.

First. Within the limits of the amounts appropriated May order therefor, to place an order with any person for such ships material from or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance Compliance with all such orders shall be obligatory on any person to

obligatory, etc,

whom such order is given, and such order shall take precedence over all other orders and contracts theretofore Possession of placed with such person. If any person owning, leasing, order refused, or operating any factory equipped for the building or

factory, etc., if

etc.

production of ships or war material for the Navy shall
refuse or fail to give to the United States such prefer-
ence in the execution of such an order, or shall refuse to
build, supply, furnish, or manufacture the kind, quan-
tity, or quality of ships or war material so ordered at
such reasonable price as shall be determined by the
President, the President may take immediate possession
of any factory of such person, or of any part thereof
without taking possession of the entire factory, and may
use the same at such times and in such manner as he may
consider necessary or expedient.

Second. Within the limit of the amounts appropriated

Cancel, etc., existing con

tracts, take therefor, to modify or cancel any existing contract for

possession factory, etc.

Require whole output of any factory, etc.

use.

over
for

Take

Fourth. To requisition and take over for use or opera-
Government tion by the Government any factory, or any part thereof

without taking possession of the entire factory, whether
the United States has or has not any contract or agree-
ment with the owner or occupier of such factory.

That all authority granted to the President in this
paragraph, to be exercised in time of national emergency,
shall cease on March first, nineteen hundred and
eighteen.1

1 See Executive Order No. 2687, August 21, 1917 [p. 176].

Authority to cease March 1, 1918.

the building, production, or purchase of ships or war
material; and if any contractor shall refuse or fail to
comply with the contract as so modified the President
may take immediate possession of any factory of such
contractor, or any part thereof without taking posses-
sion of the entire factory, and may use the same at such
times and in such manner as he may consider necessary
or expedient.

Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President.

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for canceled

for remainder.

(d) That whenever the United States shall cancel or Compensation modify any contract, make use of, assume, occupy, requi- contracts, etc. sition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of paragraph (b), it shall make just compensation therefor, to be determined by the President, and if the amount Part payment if unsatisfacthereof so determined by the President is unsatisfactory tory, and suit to the person entitled to receive the same, such person shall be paid fifty per centum of the am、unts so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. [1194] The Secretary of the Navy shall build any of bullt at navy the vessels herein appropriated for in such navy yards yards if bidas he may designate should it reasonably appear that the persons, firms, or corporations, or the agents thereof, bidding for the construction of any of said vessels have entered into any combination, agreement, or understanding, the effect, object, or purpose of which is to deprive the Government of fair, open, and unrestricted competition in letting contracts for the construction of any of said vessels: Provided, That the Secretary of the Navy is hereby authorized to build any of the vessels herein authorized in such navy yards as he may designate.

Vessels to be

navy

speedy con

tainable.

In the event the Secretary of the Navy is unable to Equipment of secure from the private shipbuilders contracts for the construction, if expeditious construction of the ships heretofore author- tracts not obized at a fair and reasonable price, the sum of $12,000,000, or so much thereof as may be necessary, is hereby appropriated to enable the Secretary of the Navy to equip the navy yards with suitable and necessary machinery, implements, building ways, and equipment for the construction of such of said vessels as may be assigned to navy yards for construction.

battle cruiser

reasonable

If, in the judgment of the Secretary of the Navy, the Contract for most rapid and economical construction of the battle at cost plus cruiser herein appropriated for can be obtained thereby, profit. he may contract for the construction of said battle cruiser upon the basis of actual cost, plus a reasonable profit to be determined by him.

37639°-18- -2

Vol. 36, pp. 1093, 1136.

Proviso. of navy yards.

Designation

[Pub. Res. No. 1.]

April 6, 1917. [1] CHAP. 1.—Joint Resolution Declaring that a state of war ex[S. J. Res. 1.] ists between the Imperial German Government and the Government and the people of the United States and making provision to prosecute the same. [Approved, April 6, 1917. 40 Stats. 1.]

Preamble.

"WAR RESOLUTION."

May 12, 1917. [S. J. Res.42.] [Pub. Res. No. 2.]

Whereas the Imperial German Government has committed repeated acts of war against the Government and the people of the United States of America: Therefore be it

Germany.

of.

War with Resolved by the Senate and House of Representatives Declaration of the United States of America in Congress assembled, Proclamaa-That the state of war between the United States and the tions, p. 6. Imperial German Government which has thus been thrust upon the United States is hereby formally declared; and that the President be, and he is hereby, authorized and President au directed to employ the entire naval and military forces

thorized to use

Army, Navy of the United States and the resources of the Government etc., to prosecute.

to carry on war against the Imperial German Government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.

"GERMAN BOAT RESOLUTION."

[75] CHAP. 13.-Joint Resolution Authorizing the President to take over for the United States the possession and title of any vessel within its jurisdiction, which at the time of coming therein was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war, or was under register of any such nation, and for other purposes. [Approved May 12, 1917. 40 Stat. 75.]

Vessels of alien enemies.

Resolved by the Senate and House of Representatives Immediate of the United States of America in Congress assembled, be taken of, in That the President be, and he is hereby, authorized to

possession to

United States

jurisdiction. take over to the United States the immediate possession

and title of any vessel within the jurisdiction thereof,1 including the Canal Zone and all territories and insular Exception. possessions of the United States except the American Virgin Islands, which at the time of coming into such judisdiction was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war when such vessel shall

1 See Executive Orders, No. 2619-A, May 14, 1917 [p. 169]; No. 2624, May 22, 1917 [p. 169]; No. 2635, June 12, 1917 [p. 170]; No. 2651, June 30, 1917 [p. 171]; No. 2653. July 3, 1917 [p. 172]; No. 2709, Sept. 27, 1917 [p. 179]; No. 2748, November 2, 1917 [p. 189].

be taken, or was flying the flag of or was under register of any such nation or any political subdivision or municipality thereof; and, through the United States Shipping Board, or any department or agency of the Government, to operate, lease, charter, and equip such vessel in any Operation for service of the United States, or in any commerce, foreign service, etc. or coastwise.1

Government

of value.

SEC. 2. That the Secretary of the Navy be, and he is Determination hereby, authorized and directed to appoint, subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appurtenances, and all property contained therein, at the time of its taking, and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his department. These findings shall be considered as competent evidence in all proceedings on any claim for compensa- Compensation. tion,

"CAR SERVICE ACT."

[H. R. 328.]

CHAP. 23.-An Act To amend an Act entitled "An Act to regulate May 29, 1917. commerce," as amended, in respect of car service, and for other purposes. [Approved, May 29, 1917. 40 Stats. 101.]

[Public, No. 19.1

commerce regVol. 36, p.

[101] Be it enacted by the Senate and House of Rep- Interstate resentatives of the United States of America in Congress ulations. assembled, That section one of the Act entitled "An Act 545, amended. to regulate commerce," approved February twentyfourth, eighteen hundred and eighty-seven, as heretofore amended, is further amended by adding thereto the following:

1 See Executive Orders, No. 2621, May 16, 1917 [p. 169]; No. 2625, May 22, 1917 [p. 170].

"Car service." Term strued.

con

66

The term car service" as used in this Act shall include the movement, distribution, exchange, interchange, and return of cars used in the transportation of property by any carrier subject to the provisions of this Act.

Just and rea

etc., required

It shall be the duty of every such carrier to establish, sonable rules, observe, and enforce just and reasonable rules, regula- for. tions, and practices with respect to car service, and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful.

The Interstate Commerce Commission is hereby authorized by general or special orders to require all car- dered.

Filing with Commission or

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