light, power, telephone, telegraph, water, and sewer companies, of the tract of land known as the Jamestown Exposition site, on Hampton Roads, Virginia, and of such lands adjacent thereto as lie north of Ninety-ninth Street and Algonquin Street, the entire property being bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets. Proclamation, p. 30. Compensa mine if offer [208] That if said lands and appurtenances and im- tion. provements thereof shall be taken over as aforesaid, the United States shall make just compensation therefor, to be determined by the President, and if the amount thereof, Suit to deterso determined by the President, is unsatisfactory to the unsatisfactory. person entitled 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 will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and Procedure, section one hundred and forty-five of the Judicial Code. 1093, 1136. Upon the taking over of said property by the Presi- Title to vest dent as aforesaid, the title to all property so taken over shall immediately vest in the United States. vol. 36, pp. at once. Amount for property. etc. Equipment, Provisos. Property ac For the payment of compensation for said property so taken over, $1,200,000, or so much thereof as may be necessary; and toward the equipment of the same as a naval operating base, including piers, store houses, oilfuel storage, training station and recreation grounds for the fleet and other purposes, $1,600,000, in all, $2,800,000: Provided, That the appropriation herein shall be available only for the acquisition of the entire property quired. bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets, together with all easements, rights of way, riparian and other rights appurtenant thereto, and all the rights and properties of railway, electric light, power, telephone, telegraph, cable, water, and sewer companies: Provided further, That the Secretary of the Navy is authorized to expend public money in the development of said tract of land without reference to the requirements of section three hundred and fifty-five of the Revised Statutes.1 1 See Presidential Proclamation, No. 1379, June 28, 1917 [p. 127]. June 15, 1917. [H. R. 291.] [Public, No. 24.] "ESPIONAGE ACT." [217] CHAP. 30.-An Act To punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes. [Approved, June 15, 1917. 40 Stats. 217.] National de- Be it enacted by the Senate and House of Representa fense, espion age, neutrality, tives of the United States of America in Congress assembled: etc. Vessels in United States ports, etc. Control, etc., over, in time of tary of the Treasury. Possession to [220] TITLE II. VESSELS IN PORTS OF THE UNITED STATES. SECTION 1. Whenever the President by proclamation. war, by Secre- or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United prevent injury, States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, of full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof.1 etc. Removal crew, etc. Control in Canal Zone waters. Forfeiture of vessel if owner refuses to obey rules, etc. Within the territory and waters of the Canal Zone the Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury. SEC. 2. If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued 1 See Presidential Proclamation No. 1413, December 3, 1917 [p. 150]. Revolutionary War Statutes. Pennsylvania: See Act for regulating navigation and trade in this state, 1778, 9 Stats. at L. 288. or order given by the Secretary of the Treasury or the Governor of the Panama Canal under the provisions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be fined not more than $10,000, or imprisoned not more than two years, or both. Personal punishment. etc., use for con SEC. 3. It shall be unlawful for the owner or master Injury, etc., of vessel by or any other person in charge or command of any pri- owner unlawful: vate vessel, foreign or domestic, or for any member of the crew or other person, within the territorial waters of the United States, willfully to cause or permit the destruction or injury of such vessel or knowingly to permit Permitting said vessel to be used as a place of resort for any person spiracy, etc. conspiring with another or preparing to commit any offense against the United States, or in violation of the treaties of the United States or of the obligations of the United States under the law of nations, or to defraud the United States, or knowingly to permit such vessels to be used in violation of the rights and obligations of the United States under the law of nations; and in case such vessel shall be so used, with the knowledge of the owner or master or othe person in charge or command thereof, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and Seizure and forfeiture to the United States in the same manner as vessel, etc. merchandise is forfeited for violation of the customs revenue laws; and whoever violates this section shall be Personal punfined not more than $10,000 or imprisoned not more than two years, or both. forfeiture of ishment. Enforcement SEC. 4. The President may employ such part of the byhomest land or naval forces of the United States as he may deem necessary to carry out the purpose of this title. Presi dent. [223] TITLE VI. SEIZURE OF ARMS AND OTHER ARTICLES INTENDED FOR EXPORT. Seizure of arms, etc., for export. SECTION 1. Whenever an attempt is made to export or Authority for, ship from or take out of the United States, any arms or munitions of war, or other articles, in violation of law, if unlawful ex portation at tempted. thorized to seize. or whenever there shall be known or probable cause to believe that any such arms or munitions of war, or other articles, are being or are intended to be exported, or shipped from, or taken out of the United States, in violation of law, the several collectors, naval officers, surOfficers a uveyors, inspectors of customs, and mar[224]shals, and deputy marshals of the United States, and every other person duly authorized for the purpose by the President, may seize and detain any articles or munitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain possession thereof until released or disposed of as hereinafter Forfeiture if directed. If upon due inquiry as hereinafter provided, proved. the property seized shall appear to have been about to be so unlawfully exported, shipped from, or taken out of the United States, the same shall be forfeited to the United States. violation court for warrant for. if warrant re Further de- SEC. 2. It shall be the duty of the person making any tention, etc. Application to seizure under this title to apply, with due diligence, to the judge of the district court of the United States, or to the judge of the United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further detention of the property so seized, Restoration, which warrant shall be granted only on oath or affirmafused, etc. tion showing that there is known or probable cause to believe that the property seized is being or is intended. to be exported or shipped from or taken out of the United States in violation of law; and if the judge reDetention on fuses to issue the warrant, or application therefor is not made by the person making the seizure within a reasonable time, not exceeding ten days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. If the judge is satisfied that Action of the the seizure was justified under the provisions of this issue of warrant. President. title and issues his warrant accordingly, then the property shall be detained by the person seizing it until the President, who is hereby expressly authorized so to do, orders it to be restored to the owner or claimant, or until it is discharged in due course of law on petition of the claimant, or on trial of condemnation proceedings, as hereinafter provided. owner for res SEC. 3. The owner or claimant of any property seized Petition of under this title may, at any time before condemnation toration. proceedings have been instituted, as hereinafter provided, file his petition for its restoration in the district court of the United States, or the district court of the Canal Zone, or the court of first instance in the Philippine Islands, having jurisdiction over the place in which the seizure was made, whereupon the court shall advance Expedited the cause for hearing and determination with all possible dispatch, and, after causing notice to be given to the United States attorney for the district and to the person making the seizure, shall proceed to hear and decide whether the property seized shall be restored to the petitioner or forfeited to the United States. hearing, etc. Libel pro and sale of erty. of courts. SEC. 4. Whenever the person making any seizure under ceedings Pr this title applies for and obtains a warrant for the deten- condemnation tion of the property, and (a) upon the hearing and de- seized proptermination of the petition of the owner or claimant restoration is denied, or (b) the owner or claimant fails to file a petition for restoration within thirty days after the seizure, the United States attorney for the district wherein it was seized, upon direction of the Attorney Jurisdiction General, shall institue libel proceedings in the United States district court or the district court of the Canal Zone or the court of first instance of the Philippine Islands having jurisdiction over the place wherein the seizure was made, against the property for condemnation; and if, after trial and hearing of the issues involved, the property is condemned, it shall be disposed Proceeds of by sale, and the proceeds thereof, less the legal costs and charges, paid into the Treasury. sale. Admiralty facts. SEC. 5. The proceedings in such summary trials upon procedure to the petition of the owner or claimant of the property govern trials. seized, as well as in the libel cases herein provided for, shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial Jury trial of by jury of any issue of fact joined in such libel cases, and all such proceed [225]ings shall be at the suit of and in the name of the United States: Provided, That upon Proviso. the payment of the costs and legal expenses of both the owner on giv summary trials and the libel proceedings herein pro- to export illevided for, and the execution and delivery of a good and sufficient bond in an amount double the value of the property seized, conditioned that it will not be exported or used or employed contrary to the provisions of this Delivery to ing bond not |