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Detailed report to Con

each

and disbursements under this and the preceding section shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives on or before the twenty-fifth day of each month after the taking effect of this Act, covering the business of the preceding month, and said statements shall be subject to public inspection.

Sec. 20. That the employment of any person under Employees the provisions of this Act shall not exempt any such per-drart.

military son from military service under the provisions of the Ante, p. 76. selective draft law approved May eighteenth, nineteen hundred and seventeen.

Sec. 21. The President shall cause a detailed report to be made to the Congress on the first day of January gress each year of all proceedings had under this Act during Contents. the year preceding. Such report shall, in addition to other matters, contain an account of all persons appointed or employed, the salary or compensation paid or allowed each, the aggregate amount of the different kinds of property purchased or requisitioned, the use and disposition made of such property, and a statement of all receipts, payments, and expenditures, together with a statement showing the general character, and estimated value of all property then on hand, and the aggregate amount and character of all claims against the United States growing out of this Act. Sec. 22. That if any clause, sentence, paragraph, or Invalidity of

any clause, part of this Act shall for any reason be adjudged by any ete, not to ar court of competent jurisdiction to be invalid, such judg- of Act. ment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly in. volved in the controversy in which such judgment shall have been rendered.

SEC. 23. That words used in this Act shall be construed to import the plural or the singular, as the case demands. The word “person," wherever used in this Act, shall include individuals, partnerships, associations, and corporations. When construing and enforc- Corporations, ing the provisions of this Act, the act, omission, or fail-ble" for acts of ure of any official, agent, or other person acting for or employed by any partnership, association, or corporation within the scope of his employment or office shall, in every case, also be deemed the act, omission, or failure of such partnership, association, or corporation as well as that of the person.

Construction of terms.

agents.

present war.

tions, etc., not affected thereby.

undist effective Sec. 24. That the provisions of this Act shall cease to

be in effect when the existing state of war between the United States and Germany shall have terminated, and

the fact and date of such termination shall be ascerPending ac;tained and proclaimed by the President; but the term

ination of this Act shall not affect any act done, or any right or [284] obligation accruing or accrued, or any

suit or proceeding had or commenced in any civil case Enforcement before the said termination pursuant to this Act; but all of rights, etc.

rights and liabilities under this Act arising before its

termination shall continue and may be enforced in the Prosecutions, same manner as if the Act had not terminated. Any etc., continued.

offense committed and all penalties, forfeitures, or liabilities incurred prior to such termination may be prosecuted or punished in the same manner and with the same effect as if this Act had not been terminated.

SEC. 25. That the President of the United States shall ferred to regu: be, and he is hereby, authorized and empowered, whenprices,

ever and wherever in his judgment necessary for the efsales, etc., dur-ficient prosecution of the war, to fix the price of coal and

coke,' wherever and whenever sold, eithe. by producer

Coal and coke.

late production,

#

* See Executive Order No. 2690, August 23, 1917 [p. 177).

Resolutions of the Continental Congress. See Resolution regarding price fixing, engrossing, regrating, etc., November 22, 1777, IX Journals of the Continental Congress (Library of Congress) 956 (p. 211) ; Resolution requesting states to enact legislation covering impressments, December 20, 1777, IX id. 1043 (p. 214) ; Resolution regarding impressment of wagons and limitation of prices for articles purchased, January 15, 1778, X id. 54 (p. 217); Resolution regarding price fixing, June 4, 1778, XI id. 569 [p. 218].

Revolutionary War Statutes. Connecticut: See Act for the regulation of prices of various articles named, Acts and Laws, Connecticut, February, 1778, p. 485 [p. 232) ; Act suspending the foregoing, id. May, 1778, p. 499 (p. 240); Act repealing the foregoing, id. October, 1778, p. 505 [p. 242].

Delaware: Act to prevent and punish the frauds and abuses in the quartermasters and commissaries department, and for ascertaining the pay of impressed teams and of drivers, Acts of General Assembly of Delaware, 3rd Session, February 1, 1779 (p. 252).

Georgia: See Act for the better security of this state by obliging and making liable negro slaves to work on the several forts, batteries or other public works within the same, Sept. 16, 1777, 19 Col. Records of Georgia, Pt. II, p. 80 (p. 280).

Maryland: See Act to punish forestalling and engrossing, and for other purposes, 1777, June Session, Laws of the State of Maryland, c. xi (p. 295) ; Act for the service of the United States, 1778, March Session, Laws of the State of Maryland, c. 1 (p. 305); Act for enlarging the powers of the Governor and council, 1778, March Session, id. c. 13 [p. 311); Act to prevent forestalling and engrossing, and for other purposes, October Session, 1778, id. C. viii [p. 319); Act for the more effectual preventing forestalling and engrossing, July, 1779, id. c. xvii (p. 345).

Massachusetts: See Act to prevent monopoly and oppression, 1776, May Session ; Original Acts and Laws, p. 78 [p. 420]; Act in addition to

or dealer, to establish rules for the regulation of and to regulate the method of production, sale, shipment, distribution, apportionment, or storage thereof among dealers and consumers, domestic or foreign: said authority Execution by and power may be exercised by him in each case through Commission. the agency of the Federal Trade Commission during the war or for such part of said time as in his judgment may be necessary.

That if, in the opinion of the President, any such pro- may take over ducer or dealer fails or neglects to conform to such prices and conduct or regulations, or to conduct his business efficiently under Calls" to comply the regulations and control of the President as aforesaid, with regulaor conducts it in a manner prejudicial to the public interest, then the President is hereby authorized and empowered in every such case to requisition and take over the plant, business, and all appurtenances thereof belonging to such producer or dealer as a going concern, and to operate or cause the same to be operated in such manner and through such agency as he may direct during the period of the war or for such part of said time as in his judgment may be necessary.

» tions.

an

and amending the foregoing, 1777, Id. p. 129 (p. 429) ; Act to repeal the two foregoing acts, 1777, id, p. 142 (p. 439).

New Hampshire: See Act for regulating the prices of sundry articles therein enumerated, January 18, 1777, 4 Metcalf's Laws of New Hampshire, p. 78 (p. 466) ; Same, id. p. 88 (p. 471).

Nero Jersey: See Act for reguiating and limiting the prices of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, Acts of the State of New Jersey, December 11, 1777, c. 8 [p. 513); Act to suspend for a limited time the operation of an act entitled “An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. June 22, 1778, c. 34 (p. 529) ; Act further to suspend the operation of act entitled "An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. October 7, 1778, c. 42 (p. 530) ; Act further to suspend the operation of an act entitled "An act for regulat. ing and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, id. December 3, 1778, c. 5 [p. 531); Act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, c. 12 (p. 535) ; Act for suspending the operation of an act entitled "An act for limiting the prices of various articles and to prevent the withholding from sale of the necessities of life, id. February 26, 1780, c. 24 (p. 553); Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. 2, p. 195 (p. 581).

New York: See 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 to regulate the wages of mechanics and laborers, the prices of goods and commodities and the charges of inholders, within this state, and for other purposes named, 1778, i Cook's N. Y. Laws 71 [p. 595); Act suspending foregoing act, 1778, 1 Cook's N. Y. Laws 83 [p. 601); Act to supply soldiers' families with necessaries at fixed prices, 1778, 1d. p. 85 (p. 602); Act repealing act regulating wages, prices,

Determina- That any producer or dealer whose plant, business, tion of compensation.

and appurtenances shall have been requisitioned or taken over by the President shall be paid a just compensation for the use thereof during the period that the same may be requisitioned or taken over as aforesaid, which compensation the President shall fix or cause to be fixed by

the Federal Trade Commission. Suit author- That if the prices so fixed, or if, in the case of the takized if amount

satisfac-ing over or requisitioning of the mines or business of any tory.

such producer or dealer the compensation therefor as determined by the provisions of this Act be not satisfactory to the person or persons entitled to receive the

not

same, such person shall be paid seventy-five per centum Procedure. of the amount so determined, 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

etc., supra 1778, id. p. 90 (p. 603); Act more effectually to provide supplies of four, meal and wheat for the army, 1778, 1 Cook's N. Y. Laws 92 (p. 605); Act to procure a further supply of shoes and stockings for the troops raised under the direction of this state, 1779, 1 Cook's N. Y. Laws 121 (p. 614]; Act for procuring an immediate supply of four and peas for the use of the army, 1779, id. p. 145 [p. 619) ; Act amending foregoing, 1779, id. p. 160 (p. 626) ; Act for the general limitation of prices, etc., 1780, id. p. 210 [p. 636).

North Carolina: See act more effectually preventing engrossing and forestalling, etc., 24 Laws of North Carolina, c. IV, 1780, p. 318 (p. 680).

Pennsylvania: See Act for the better supply of the armies of the United States of America, 1778, 9 Stats. at L., 189 [p. 723]; Act regulating the prices of the several articles herein mentioned for a limited time, 1778, id. p. 236 (p. 729] ; Act suspending the foregoing, 1778, id. p. 249 (p. 733); Act repealing the act for regulating prices, 1778, id. p. 283 (p. 736)'; Act supplemental to "act for the regulation of wagons, carriages, and pack horses for public service," 1778, id. p. 287 (p. 737) ; Act amending foregoing, 1779, id. p. 384 [p. 755) ; Act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned, 1779, id. p. 421 [p. 761] ; Act to make more effectual provision for the defense of this state, 1781, 10 Stats. at L., 361 (p. 812).

Rhode Island: See Act to prevent monopolies and oppressions. Laws of Rhode Island, December, 1776, p. 30 [p. 823) ; Act additional to the foregoing, id. February, 1777, p. 27 (p. 831); Same, id. March, 1777, p. 24 [p. 832] ; Act to prevent monopolies and oppressions, id. May, 1777, p. 17 (p. 835) ; Act giving preferential prices to soldiers and their families, id. May, 1777, p. 42 (p. 850] ; Act continuing preferential prices to soldiers and families, id. August, 1777, p. 10 (p. 853); Act regulating toll to be taken by millers, May, 1779, id. p. 20 (p. 860).

Virginia: See Act to procure a supply of provisions and other neces. saries for the use of the army, 1780, 10 Hening's Stats. at L., 233 (p. 963); act amendatory thereof, 1780, id. p. 344 (p. 975); Act to empower the governor and council to fix the value of provisions impressed for the use of the army. 1781, 10 Hening's Stats. at L., 437 (p. 984).

Federal statutes-Civil War.

See Act to provide for the appointment of sutlers in the volunteer seryice, and to define their duties, March 19, 1862, 12 Stats., 371 [p. 1057].

. pp.

ucts to United States agency ma y

be re

as will be just compensation in the manner provided by 1096, 1182. section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. While operating or causing to be operated any such

Operating

employees, etc. plants or business, the President is authorized to prescribe such regulations as he may deem essential for the employment, control, and compensation of the employees necessary to conduct the same.1

Sale of prodOr if the President of the United States shall be of the opinion that he can thereby better provide for the common defense, and whenever, in his judgment, it shall quired. be necessary for the efficient prosecution of the war, then he is hereby authorized and empowered to require any or all producers of coal and coke, either in any special area or in any special coal fields, or in the entire United States, to sell their products only to th, United States through an agency to be designated by the President, such agency control produto to regulate the resale of such coal and coke, and the prices tion, sale, pår.

chases, etc. thereof, and to establish rules for he regulation of and to regulate the methods of production, shipment, distribution, apportionment, or storage thereof among [285] dealers and consumers, domestic or foreign, and to make payment of the purchase price thereof to the producers thereof, or to the person or persons legally entitled to said payment.

That within fifteen days after notice from the agency by producer to so designated to any producer of coal and coke that his, cease. or its, output is to be so purchased by the United States as hereinbefore described, such producer shall cease shipments of said product upon his own account and shall transmit to such agency all orders received and unfilled or partially unfilled, showing the exact extent to which shipments have been made thereon, and thereafter, Orders, etc., all shipments shall be made only on authority of the by agency agency designated by the President, and thereafter no such producer shall sell any of said products except to the United States through such agency, and the said agency alone is hereby authorized and empwered to purchase during the continuance of the requirement the output of such producers. That the prices to be paid for such products so pur-chase price.

Basis of pur chased shall be based upon a fair and just profit over and above the cost of production, including proper maintenance and depletion charges, the reasonableness of such

to be executed

alone,

* For annotations, see note 2, p. 65.

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