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Suit, etc.,

authorized profits and cost of production to be determined by the amount not Federal Trade Commission, and if the prices fixed by

satisfactory. the said commission of any such product purchased by

Procedure.

1096, 1132.

the United States as hereinbefore described be unsatisfactory to the person or persons entitled to the same, such person or persons shall be paid seventy-five per centum of the amount so determined, and shall be entitled to sue the United States to recover such further sum as, Vol. 36, PP. added to said seventy-five per centum, will make up such amount as will be just compensation in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. All such products so sold to the United States shall be sold by the United States at such uniform prices, quality considered, as may be practicable and as may be determined by said agency to be just and fair.

Government prices to be uniform.

Continuing use of receipts.

Balances.

duction to be

Commission.

Any moneys receivea by the United States for the sale of any such coal and coke may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. Any moneys not so used shall be covered into the Treasury as miscellaneous receipts.

Cost of pro- That when directed by the President, the Federal Trade ascertained by Commission is hereby required to proceed to make full inquiry, giving such notice as it may deem practicable, into the cost of producing under reasonably efficient management at the various places of production the following commodities, to wit, coal and ccke.

required from

chasers, etc.

Information The books, correspondence, records, and papers in producers, pur- any way referring to transactions of any kind relating to the mining, production, sale, or distribution of all mine operators or other persons whose coal and coke have or may become subject to this section, and the books, correspondence, records, and papers of any person applying for the purchase of coal and coke from the United States shall at all times be subject to inspection by the said agency, and such person or persons shall promptly furnish said agency any data or information relating to the business of such person or persons which said agency may call for, and said agency is hereby Authority of authorized to procure the information in reference to the business of such coal-mine operators and producers of coke and customers therefor in the manner provided for in sections six and nine of the Act of Congress approved September twenty-sixth, nineteen hundred and

agency to procure.

721, 722.

fourteen, entitled "An Act to create a Federal Trade Vol 38, pp. Commission, to define its powers and duties, and for other purposes," and said agency is hereby authorized and [286] empowered to exercise all the powers granted to the Federal Trade Commission by said Act for the carrying out of the purposes of this section.

Establish

Having completed its inquiry respecting any com- ment of maximodity in any locality, it shall, if the President has mum prices. decided to fix the prices at which any such commodity shall be sold by producers and dealers generally, fix and publish maximum prices for both producers of and dealers in any such commodity, which maximum prices shall be observed by all producers and dealers until further action thereon is taken by the commission.

Allowances

In fixing maximum prices for producers the commis- for producers. sion shall allow the cost of production, including the expenese of operation, maintenance, depreciation, and depletion, and shall add thereto a just and reasonable profit.

Allowances

for dealers.

tracts not im

Punishment for violations.

In fixing such prices for dealers, the commission shall allow the cost to the dealer and shall add thereto a just and reasonable sum for his profit in the transaction. The maximum prices so fixed and published shall not Prior conbe construed as invalidating any contract in which prices paired. are fixed, made in good faith, prior to the establishment and publication of maximum prices by the commission. Whoever shall, with knowledge that the prices of any such commodity have been fixed as herein provided, ask, demand, or receive a higher price, or whoever shall, with knowledge that the regulations have been prescribed as herein provided, violate or refuse to conform to any of the same, shall, upon conviction, be punished by fine of not more than $5,000, or by imprisonment for not more than two years, or both. Each independent transaction shall constitute a separate offense.

tion on purGovernment

Nothing in this section shall be construed as restrict-, No. restricing or modifying in any manner the right the Govern-chases, etc.. for ment of the United States may have in its own behalf use. or in behalf of any other Government at war with Germany to purchase, requisition, or take over any such commodities for the equipment, maintenance, or support of armed forces at any price or upon any terms that may be agreed upon or otherwise lawfully determined.

37639°-18- -6

Hoarding, destroying, etc.,

limit supply,

for.

Storing per

of farms, excepted.

SEC. 26. That any person carrying on or employed in necessaries to commerce among the several States, or with foreign naetc., a felony. tions, or with or in the Territories or other possessions of the United States in any article suitable for human food, fuel, or other necessaries of life, who, either in his individual capacity or as an officer, agent, or employee of a corporation or member of a partnership carrying on or employed in such trade, shall store, acquire, or hold, or who shall destroy or make away with any such article for the purpose of limiting the supply thereof to the public or affecting the market price thereof in such comPunishment merce, whether temporarily or otherwise, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000 or by imprisProvisos. onment for not more than two years, or both: Provided, sonal products That any storing or holding by any farmer, gardener, or other person of the products of any farm, garden, or other land cultivated by him shall not be deemed to be a Associations storing or holding within the meaning of this Act: Proof farmers, etc. vided further, That farmers and fruit growers, cooperative and other exchanges, or societies of a similar character shall not be included within the provisions of For future this section: Provided further, That this section shall not be construed to prohibit the holding or accumulating of any such article by any such person in a quantity not in excess of the reasonable requirements of his business for a reasonable time or in a quantity reasonably required to furnish said articles produced in surplus quantities seasonally throughout the period of scant or no Antitrust production. Nothing contained in this section shall be construed to repeal the Act entitled [287] "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, commonly known as the Sherman Antitrust Act.

business needs, etc.

Act not affected.

Vol. 26, p. 209.

Nitrate of SEC. 27. That the President is authorized to procure

soda.

President or aid in procuring, such stocks of nitrate of soda as he and sell, to aid may determine to be necessary, and find available, for agriculture.

may procure

increasing agricultural production during the calendar years nineteen hundred and seventeen and eighteen, and to dispose of the same for cash at cost, including all exAppropria-penses connected therewith. For carrying out the purposes of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appro

tion.

priated, available immediately and until expended, the Means operation.

of

sum of $10,000,000, or so much thereof as may be necessary, and the President is authorized to make-such regulations, and to use such means and agencies of the Government as, in his discretion, he may deem best. The Deposit of proceeds arising from the disposition of the nitrate of soda shall go into the Treasury as miscellaneous receipts.

"AIR STATION ACT."

[344] Chap. 77.—An Act To provide for the acquisition of an air station site for the United States Navy. [Approved, October 6, 1917. 40 Stats. 344.]

proceeds.

October 6, 1917. [S. 2437.] [Public, No. 62.]

N. J.

Appropriation for acquir

station site at.

Be it enacted by the Senate and House of Representa- Cape May. tives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is ing naval air hereby, authorized to acquire, by purchase or condemnation, including all easements, riparian and other rights appurtenant thereto, for use for naval purposes, the tract of land situate at Cape May, New Jersey, lying between Princeton and Kansas Avenues and the water front and Cape May Avenue, comprising, exclusive of Pennsylvania Avenue, which intersects the tract and is to remain a public thoroughfare, approximately fiftyseven and seventy-three one-hundredths acres, or such enlarged area for which he may be able to contract within the appropriation, and there is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the acquisition of said property and of all easements, riparian and other rights appurtenant thereto, the sum of $150,000: Provided, Provisos. That the Secretary of the Navy shall authorize the payment of no part of this sum, except for perfecting the title and dredging Cold Spring Harbor and the entrance thereto, in order to make it more available for naval purposes: And provided further, That the Secretary of Acquisition the Navy be, and he is hereby, empowered in his discre- lands tion to acquire, if possible, additional acreage without increased cost and within the appropriation herein authorized, and to exact guarantees for the maintenance of the electric railway now running through the abovedescribed land; and power is hereby conferred upon the ized. Secretary of the Navy to condemn the said tract of land for naval, aviation, and kindred purposes on the New Jersey coast adjacent to Cold Spring Harbor; and the Conditions.

Expenditures

limited.

of additional without

increased cost.

Condemnaauthor

tion

H. R. 5949.

Public, No. 64.

Secretary of the Navy is hereby directed, in conducting his negotiations with the Cape May Real Estate Company, to maintain intact the obligation existing between the United States and the Cape May Real Estate Company, executed by the said company June twenty-fifth, nineteen hundred and seven; and that this contract shall not be regarded as a waiver of either the obligation of the company or the rights of the United States.

"URGENT DEFICIENCIES ACT!'

October 6, 1917. 345] CHAP. 79.-An Act Making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes. Approved, October 6, 1917. 40 Stats. 345.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

*

Emergency hipping Fund.

Purchasing, etc., shipping

Limit of cost increased. Anie, p. 182.

EMERGENCY SHIPPING FUND.

The cost of purchasing, requisitioning, or otherwise plants, ships, etc. acquiring plants, material, charters, or ships now constructed or in the course of construction and the expediting of construction of ships thus under construction, authorized by the urgent deficiency appropriation Act approved June fifteenth, nineteen hundred and seventeen, is increased from $250,000,000 to $515,000,000, and there is appropriated for this purpose the sum of $200,000,000.

Building ships.

Purchass of other ships.

Acquisition, etc., of plants for shipbuilding.

ground.

equipment, land,

The cost of construction of ships authorized by the urgent deficiency appropriation Act approved June fifteenth, nineteen hundred and seventeen, is increased from $500,000,000 to $1,234,000,000, and there is appropriated for this purpose the sum of $250,000,000.

For the purchase of ships, other than those heretofore or herein authorized, $150,000,000.

For the acquisition or establishment of plants suitable for shipbuilding, or of materials essential thereto, and for the enlargement or extension of such plants as are now, or may be hereafter acquired or established, $35,000,000.

[blocks in formation]

Proving [352] PROVING GROUND: For increasing facilities for the Buildings, proof and test of ordnance material, including necessary buildings, construction, equipment, land, and damages and losses to persons, firms, and cor[353]porations, result

etc.

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