scarcity, etc. governmental control. equipment required for the actual production of foods. feeds, and fuel, hereafter in this Act called necessaries; Το prevent to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and To establish movement; and to establish and maintain governmental Means, etc., control of such necessaries during the war. For such created. purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and Regulations prescribed. The President is authorized to make such be issued. regulations and to issue such orders as are essential effectively to carry out the provisions of this act.1 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. and orders to powers vested dent. Government agents, etc. contracts, etc.. by, therein. thereto, etc. SEC. 3. That no person acting either as a voluntary or Inducing paid agent or employee of the United States in any caforbidden, pacity, including an advisory capacity, shall solicit, inif pecuniarily interested duce, or attempt to induce any person 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 If 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 association of which he is an officer or stockholder, or in the 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, Interest contracts rec to be disclosed. 1 See Executive Order No. 2681, August 14, 1917 [p. 174]; No. 2690, August 23, 1917 [p. 177]. Awarding such contracts 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 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 Criminal section shall not change, alter or repeal section forty-one fed. of chapter three hundred and twenty-one, Thirty-fifth 1097. Statutes at Large. Punishment Proviso. Code not modi Vol. 35, p. Enhancing to restrict supply. necessaries. un Offenses SEC. 4. That it is hereby made unlawful for any per-price son willfully to destroy any necessaries for the purpose wasting. etc., of enhancing the price or restricting the supply thereof; lawful. 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 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. Conspiracies, plish unlawful ness in neces forbidden. Proclama SEC. 5. That, from time to time, whenever the Presi- Licenses. Conducting dent shall find it essential to license the importation, specified busimanufacture, storage, mining, or distribution of any saries without, necessaries, in order to carry into effect any of the pur- tions, 45, poses of this Act, and shall publicly so announce, no per- 52. son 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 distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a for issue of, ized. age charges, Regulations license issued pursuant to this section. The President etc., author is authorized to issue such licenses and to prescribe regulations for the issuance of licenses1 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 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 unreasonable, 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 See 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 Philadel phia, 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]. New 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]. New 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 dealing, 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 ascertaining their fees, 1776, id. p. 184 [p. 920]. Substitution by the Presi for violations. tice. The President may, in lieu of any such unjust, of just, etc.. unreasonable, discriminatory, and unfair storage charge, ones therefor, commission, profit, 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 pursuant to this section, or whose license shall have been revoked, knowingly 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 imprisonment for not more than two years, or both: Provided, That this section shall not apply to any farmer, gardener, cooperative association of farmers etc. 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 the thorized. 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 District of Columbia: Provided Retailer further, That for the purposes of this Act a retailer shall be deemed to be a person, copartnership, firm, corporation, cr association not engaging in the wholesale business whose gross sales do not exceed $100,000 per an num. Prorisos. Occupations, not af fected. No import or export tax au fined. de Punishment hoarding for Offenses specified. SEC. 6. That any person who willfully hoards any nec-, 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 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 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 Provisos increasing or diminishing the price:1 Provided, That Exchange, et c.. transac this section shall not include or relate to transactions on any exchange, board of trade, or similar institution or 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: Accumulat Provided, however, That any accumulating or withholducts by farming by any farmer or gardener, cooperative association deemed hoard of farmers or gardeners, including live-stock farmers, or tions not included. Post, p. 280. ing their prod ers. etc., ing. 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]. Revolutionary 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]. Delaware: 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. vili |