Imágenes de páginas



Means, etc., created.


and orders be issued.


powers dent.

equipment required for the actual production of foods.

feeds, and fuel, hereafter in this Act called necessaries; prevent to prevent, locally or generally, scarcity, monopolization, scarcity, etc.

hoarding, injurious speculation, manipulations, and pri

vate controls, affecting such supply, distribution, and governmental movement; and to establish and maintain governmental

control of such necessaries during the war. Por such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions herein

after set forth are created, established, conferred, and Regulations prescribed. The President is authorized to make such

regulations and to issue such orders as are essential

effectively to carry out the provisions of this act. Effective Sec. 2. That in carrying out the purposes of this Act in the Presi' 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.

Sec. 3. That no person acting either as a voluntary or Inducing paid agent or employee of the United States in any caby, forbidden; pacity, including an advisory capacity, shall solicit, ininterested duce, or attempt to induce any person or officer author

ized 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 party other property of any kind or [277] character, if such

agent or employee has any pecuniary interest in such contract or order, or if he or any firm of which he is a member, or corporation, joint-stock company, or associ

ation of which he is an officer or stockholder, or in the Interest in pecuniary profits of which he is directly or indirectly ommended by interested, shall be a party thereto. Nor shall any agent

or employee make, or permit any committee or other body of which he is a member to make, or participate in making, 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,

Government agents, etc.

contracts, etc..


If thereto, etc.

to be disclosed.

1 See Executive Order No. 2681, August 14, 1917 [p. 174]; No. 2690, August 23, 1917 [p. 177).

such contracts


Crimina 1 ('ode not modi.


35, p.


to re

etc., necessaries. un

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. Nor shall he Awarding participate in the awarding of such contract or giving forbidden. such order. Any willful violation of any of the provisions of this section shall be punishable by a fine of not more than $10,000, or by imprisonment of not more than for violations, five years, or both: Provided, That the provisions of this provide section shall not change, alter or repeal section forty-one sed. of chapter three hundred and twenty-one, Thirty-fifth 1097. Statutes at Large. Sec. 4. That it is hereby made unlawful for any per-price

supply, son willfully to destroy any necessaries for the purpose wasting, of enhancing the price or restricting the supply thereof; lawful.

offenses knowingly to commit waste or willfully to permit pre-specified. ventable deterioration of any necessaries in or in connection with their production, manufacture, 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 discriminatory and unfair, or any deceptive or wasteful practice or device, or to make any unjust or unreasonable rate or charge, in handling or dealing in or with any necessaries; to conspire, combine, agree, or ar


combinations, range with any other person, (a) to limit the facilities etc. to accom

plish unlawful for transporting, producing, harvesting, manufacturing, acts. 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 Presi- Licenses. dent shall find it essential to lic-nse the importation, specified necesa manufacture, storage, mining. or distribution of any necessaries, in order to carry into effect any of the pur-tions, o capa

. 1945, poses of this Act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribucion of any necessaries as set forth in such announcement, unless he shall secure and hold a

Conducting saries without, forbidden.


for etc., ized.

Regulations license issued pursuant to this section. The President author is authorized to issue such licenses and to prescribe regu

lations 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 aflirmation, and the entry and inspec

tion by the President's duly authorized agents of the Unfair stor. places of business of licensees. Whenever the President etc.. by licen- shall find that any storage charge, commission, profit,

or practice of any licensee is unjust, or u reasonable, or discriminatory 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 prescribed in the order, discontinue such unjust, unreasonable, lis[278]criminatory and unfair storage charge, commission, profit, or prac

sees to be discontinued.

1 Ser Presidential Proclamations No. 1393, September 7, 1917 (p. 137] : No. 1396, October 8, 1917 [p. 139) ; No. 1406, November 7, 1917 [p. 143]; No. 1407, November 15, 1917 (p. 145]; No. 1421, January 3, 1918 [p. 159) ; No. 1422, January 10, 1918 [p. 161] ; No. 1425, January 30, 1918 (p. 165] ; No. 1426, January 31, 1918 [p. 166).

Resolutions of the Continental Congress. See Resolution requesting states to enact legislation covering impressments, December 20, 1777, IX Journals of the Continental Congress (Library of Congress) 1043 [p. 216) ; Resolution regarding the control of the disposition of goods, wares, and merchandise in the city of Philadelphia, June 4, 1778, XI id. 571 (p. 219).

Revolutionary War Statutes. Connecticut: See Act to encourage fair dealing, and to restrain and punish sharpers and oppressors, Acts and Laws, Connecticut. 1777, p. 476 [p. 228].

New Hampshire: See Act to encourage fair dealing and to restrain and punish sharpers and oppressors, 4 Metcalf's Laws 139 [p. 477).

Nero Jersey: See act for regulating and limiting the prices of sundry articles of produce, manufacture and trade, and to prevent forestalling, regrating and engrossing, Acts of State of New Jersey, December 11, 1777, c. 8 (p. 515).

Nro York: See Act more effectually to supply the army with flour, 1780, 1 Cook's N. Y. Laws 200 (p. 630).

North Carolina: See act for the more effectually preventing engrossing and forestalling for the encouragement of commerce and the fair trader and for other purposes, 24 Clark's Laws of North Carolina, 1780, c. IV, p. 318 [p. 681).

Pennsylvania: See Acts of 1778 and 1781, 9 Stats at L. 288, 10 Stats at L. 418 and 497 ; Act to prevent forestalling and regrating and to encourage fair dealins, 1778, id. p. 177 (p. 710]; Supplement to above, 1778, id. p. 245 [p. 731] ; Same, 1778, id. p. 293 (p. 738) ; Act for more effectually preventing forestalling, etc., 1779, id. p. 421 [p. 763).

Virginia. See ordinance for establishing a mode of punishment for the enemies to America in this colony (licensing of imports) 1775, 9 Hening's Stats at L. 101, 103 ; Act for the punishment of certain offenses (importations), 1776. id, p. 171 : Act for the appointment of naval officers and as. certaining their fees, 1776, id. p. 184 (p. 920).




[ocr errors]

tice. The President may, in lieu of any such unjust, of Substitution unreasonable, discriminatory, and unfair storage charge, ones

therefor, commission, protit, or practice, find what is a just, reason- dent. able, nondiscriminatory and fair storage charge, commission, profit, or practice, and in any proceeding brought in any court such order of the President shall be prima facie evidence. Any person who, without a license issued Punishment

for pursuant to this section, or whose license shall have been revoked, knowingly engages in or carries on ny business for which a license is :equired under this section, or willfully fails or refuses to discontinue any unjust, unreasonable, discriminatory and unfair storage charge, commission, profit, or practice, in accordancu with the requirement of an order issued under this section, or any regulation prescribed incer this section, shall, upon conviction thereof, be punished by a finu not exceeding $5,000, or by imprisonment for not more than two years, or 'both: Provided, That this section shall not apply to

Occupations, any farmer, gardener, cooperative association of farmers etc. not

fected. 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 actually conducted by him, nor to any common carrier, nor shall anything in this section be construed to authorize tl.e thorized. fixing or imposition of a duty or tax upon any article imported into or exported crom the United States or any State, Territory, or the District of Columbia: Provided Retailer de

fined. further, That for the purposes of this Act a retailer shall be leemed to be a person, copartnership, firm, corporation, cr 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 nec- Punishment essaries shall upon conviction thereof be fined not exceed- necessaries. ing $5,000 or be imprisoned for not more than two years, or both. Necessaries shall be deemed to be hoarded with

No import or export tax an

[ocr errors]


hoarding Proviso8

specified. in 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 a ranged for by any manufacturer, wholesaler, retailer, or other dealer in a


1 See Executive Order No. 2765, November 27, 1917 (p. 190], and statutes annotated under Sec. 25, Food Control Act, p. 76, infra.



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 or diminishing the price:1 Provider, That Exchange,

this section shall not include or relate to transactions on tions not in. cluded. any exchange, board of trade, or similar institution or Post, p. 280.

place of business as described in section thirteen of this Act that may be permitted by the President under the

authority conferred upon him by said section thirteen: Ahumulat: Provided, however, That any accumulating or withholducts by farming by any farmer or gardener, cooperative association deemed "board- 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.

1 Resolutions of the Continental Congress. See Resolution regarding monopolizing and engrossing, November 26, 1776, VI Journals of the Continental Congress (Library of Congress ] 980-1 (p. 206); Resolution regarding price fixing, engrossing, regrating, etc., November 22, 1777, IX id. 956 (p. 211] ; Resolution requesting states to enact legislation covering impressments, December 20, 1777, IX id. 1043 (p. 214) ; Resolutions of Congress regarding forestalling and engrossing and speculating, October 2, 1778, XII id. 974 (p. 220).

Rerolutionary War Statutes.

Connecticut: See Act to encourage fair dealing, and to restrain and punish sharpers and oppressors, Acts and Laws, Connecticut, October, 1777, p. 476 [p. 228) : Act reviving acts punishing and preventing oppression, id. May, 1778, p. 499 (p 240) ; Act further to prevent monopolizing and engrossing, etc., id. October, 1778, p. 503 [p. 241) ; Act to continue in force an act entitled “ An act to encourage fair dealing and to restrain and punish sharpers and oppressors,' id. January, 1779, p. 510 (p. 243]; Act to continue an act or law of the General Assembly passed in October, 1778. entitled “ An act further to prevent monopolizing and engrossing and to provide for obtaining supplies for the Continental Army, Navy, and the Militia of this State," id. January, 1780, p. 545 (p. 245).

Delaroare: See Act to prevent forestalling and engrossing, and for other purposes therein mentioned, Acts of General Assembly of Delaware, 4th Session, December 25, 1779 [p. 257).

Georgia: See Act to regulate and extend the trade and commerce of this state and to establish an insurance office for the encouragement thereof, and also to restrain the sale of merchandise by public auction within the state, September 16, 1777, 19 Colonial Records of Georgia, Pt. 2, p. 72 (p. 279).

Maryland: See Act to punish forestalling and engrossing. and for other purposes, Laws of the State of Maryland, 1777, June Session, c. xi [p. 293) ; Act to amend the foregoing. id. 1777, October Session, c. xi (p. 300) ; Act to prevent forestalling and engrossing, and for other

purposes therein mentioned, id. 1778, October Session, c. vill

« AnteriorContinuar »