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ing from the procurement of the land for this purpose, and also the salaries and expenses of any agents appointed to assist in the procurement of said land or damages resulting from its taking, $7,000,000: Provided That if Provisos. the land and appurtenances and improvements attached land authorthereto, as contemplated under the foregoing appropriation, can not be procured by purchase, then the President is hereby authorized and empowered to take over for the United States the immediate possession and title, including all easements, rights of way, riparian and other rights appurtenant thereto, or any land selected by him to be used for the carrying out of the purpose named in

Compensation. the aforesaid appropriation. That if said land and appurtenances and improvements 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, so determined by the President, is un- Suit, etc...!! satisfactory to the person entitled to receive the same, factory. 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 the said seventy-five per centum, will make up such amount as will be just compensation there- vol. 36, pp. for, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and fortyfive of the Judicial Code. Upon the taking over of said Title property by the President as aforesaid the title to all such property so taken over shall immediately vest in 16 United States: Provided further, That section three applicable. idred and fifty-five of the Revised Statutes of the p. 60. d States shall not apply to the expenditures author

reunder.

amount unsatis

1093, 1136.

to vest immediately.

Restriction not

R. S., Soc. 355,

The President, during the present emergency, is auti. through the head of any department of the Govei

Sales of airplano to sell any war materials used in the con

materials, during structi tirplanes which may have been or may here-then war, to forafter be -red by the United States for the purpose of ing the united the Arts Navy, or for the prosecution of war, to any person, 1 ir corporation, or to any foreign state or governme gaged with the United States Government in ti ecution of war against a common enemy or its allies

ch manner and upon such terms, at not less than

States,

he in his discretion may deem best:

1 See Pres

roclamation No. 1418, December 14, 1917 (p. 153).

Proviso.

Reuse of moneys received.

Provided, That any moneys received by the United States hereunder shall become available as part of the appropriation by which said property was purchased by the United States.

Target practico

(364) CLAIMS FOR DAMAGES TO AND LOSS OF PRIVATE damage claims. Ante, p. 59.

PROPERTY: For payment of claims for damages to and loss of private property incident to the training, prac

tice, and operations of the Army that have accrued, or Proviso. may hereafter accrue, from time to time, $15,000: ProSettlement by Auditor vided, That settlement of such claims shall be made by

the Auditor for the War Department, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages.

1

Naval omor

gency fund

NAVAL EMERGENCY FUND.

At discretion the President.

[369] To enable the President to secure the more Vol. 39, p. 1192. economical and expeditious delivery of materials, equip

ment, and munitions, and secure the more expeditious construction of ships authorized, and for the purchase or construction of such additional torpedo boat destroyers, submarine chasers, and such other naval small craft, and for each and every purpose connected therewith as the President may direct, to be expended at the so rection and in the discretion of the

of the Presid $100,000,000.

ac

Acquisition of lands, etc.,

[371) The President is hereby authorized and

for construction.

ered, within the amount herein before authoriz Vol. 39, p. 1193. quire or provide facilities additional to th. Even if in existence for the construction of torpedo-)

stroyers, their hulls, machinery, and appurten including the immediate taking over for the U»

States of the possession of and title to land, its . tenances and improvements, which he may find rri

sy in this connection. Componsation.

That if said lands and appurtenan 1 improvements shall be taken over as aforesaid, nited States

shall make just compensation the ry o be deterSuit, etc., i mined by the President, and if the

It thereof, so amount unsatisfactory. determined by the President, is ur ictory to the

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person entitled to receive the same, such person shall be
paid seventy-five per centum of the amount so deter-
mined by the President and [372] 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 Procedure.
provided for by section twenty-four, paragraph twenty, 1083, 1136.
section one hundred and forty-five of the Judicial Code.

Upon the taking over of said property by the Presi-mediately.
dent as aforesaid the title to all property so taken over
shall immediately vest in the United States.

PP.

Title to vest im

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[383] Sec. 5. That the Secretary of War and the Sec- Navy contracts,

Army and retary of the Navy are authorized, during the period of lowed on, during the existing emergency, from appropriations available emergency. therefor to advance payments to contractors for supplies for their respective departments in amounts not exceeding thirty per centum of the contract price of such supplies: Provided, That such advances shall be made conditions. upon such terms as the Secretary of War and the Secretary of the Navy, respectively, shall prescribe and they shall require adequate security for the protection of the Government for the payments so made.'

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“EXPLOSIVES ACT.”

[385]CHAP. 83.–An Act To prohibit the manufacture, distribution, October 6, 1917.

H. R. 3932. storage, use, and possession in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use, and

Public, No.68.) possession of the same, and for other purposes. (Approved, October 6, 1917.

40 Stats. 385.)

of war.

Be it enacted by the Senate and House of Representatives Explosives. of the United States of America in Congress assembled, That restricted in time when the United States is at war it shall be unlawful to manufacture, distribute, store, use, or possess powder, explosives, blasting supplies, or ingredients thereof, in such manner as to be detrimental to the public safety, except as in this Act provided. SEC. 2. That the words "explosive" and "explosives '

and "explowhen used herein shall mean gunpowders, powders used sives.. for blasting, all forms of high explosives, blasting mate-cluded as rials, fuses, detonators, and other detonating agents, smokeless powders, and any chemical compound or mo(386) chanical mixture that contains any oxidizing and

"Explosive',

Articles

See, as to advancing Government funds for building iron manufactory, South Carolina, 1778, 4 Cooper's Stats. at L. 404 (p. 893); and see Virginia, Act for the encouragement of iron works, 1777, 9 Hening's Stats. 303 (p. 936).

in

cluded as.

"Person."

torm.

combustible units, or other ingredients, in such propor-
tions, quantities or packing that ignition by fire, by fric-
tion, by concussion, by percussion, or by detonation of.
or any part of the compound or mixture may cause such
a sudden generation of highly heated gases that the
resultant gaseous pressures are capable of producing
destructive effects on contiguous objects, or of destroying

life or limb, but shall not include small arms or shotgun
Proviso.
Manufacture for

cartridges: Provided, That nothing herein contained shall Government use, be construed to prevent the manufacture, under the

authority of the Government, of explosives for, their sale
to or their possession by, the military or naval service of

the United States of America.
Ingredients.”
Materials

Sec. 3. That the word "ingredients” when used herein shall mean the materials and substances capable by combination of producing one or more of the explosives mentioned in section one hereof.

SEC. 4. That the word “person,” when used herein,
Extonsion of

shall include States, Territories, the District of Columbia,
Alaska, and other dependencies of the United States, and
municipal subdivisions thereof, individual citizens, firms,
associations, societies and corporations of the United
States and of other countries at peace with the United

States.
Unauthorizod Sec. 5. That from and after forty days after the passage
possession, etc.,
forbidden. and approval of this Act no person shall have in his pos-

session or purchase, accept, receive, sell, give, barter or

otherwise dispose of or procure explosives, or ingredients, Provisos. except as provided in this Act: Provided, That the purIngredients in small quantities, chase or possession of said ingredients when purchased or

held in small quantities and not used or intended to be

used in the manufacture of explosives are not subject to Licensed use at the provisions of this Act: Provided further, That the etc., for workmen superintendent, foreman, or other duly authorized em.

ployee, at a mine, quarry, or other work, may, when
licensed so to do, sell or issue, to any workman under him,
such an amount of explosives, or ingredients, as may be

required by that workman in the performance of his Restrictions. duties, and the workman may purchase or accept the

explosives, or ingredients, so sold or issued, but the person
so selling or issuing same shall see that any unused explo-
sives, or ingredients, are returned, and that no explosives,
or ingredients, are taken by the workman to any point
not necessary to the carrying on of his duties.

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Information re

excepted.

Sec. 6. That nothing contained herein shall apply to Interstate transexplosives or ingredients while being transported upon fected. vessels or railroad cars in conformity with statutory law or Interstate Commerce Commission rules.

Sec. 7. That from and after forty days after the passage without a license of this Act no person shall manufacture explosives unless forbidden. licensed so to do, as hereinafter provided.'

Sec. 8. That any licensee or applicant for license here- Licenses. under shall furnish such information regarding himself quired from a

fiand his business, so far as such business relates to or is censees. connected with explosives or ingredients at such time and in such manner as the Director of the Bureau of Mines, or his authorized representative, may request, excepting that those who have been or are at the time of the passage of Secret processes this Act regularly engaged in the manufacture of explosives shall not be compelled to disclose secret processes, costs, or other data unrelated to the distribution of explosives.

Sec. 9. That from and after forty days after the passage cords to be kept and approval of this Act every person authorized to sell, by licensees. issue, or dispose of explosives shall keep a complete itemized and accurate record, showing each person to whom explosives are sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explosives, and the date of each such sale, gift, barter, or other disposition; and this record shall be sworn to and furnished to the (387) Director of the Bureau of Mines, or his authorized representatives, whenever requested.

SEC. 10. That the Director of the Bureau of Mines is hereby authorized to issue licenses as follows:

(a) Manufacturer's license, authorizing the manufac- Manufacturer's. ture, possession, and sale of explosives and ingredients.

(b) Vendor's license, authorizing the purchase, posses- Vendor’s. sion, and sale of explosives or ingredients.

(c) Purchaser's license, authorizing the purchase and Purchaser's. possession of explosives and ingredients.

(d) Foreman's license, authorizing the purchase and Foroman’s. possession of explosives and ingredients, and the sale and issuance of explosives and ingredients to workmen under the proviso to section five above.

(e) Exporter's license, authorizing the licensee to ex- Exporter's, port explosives, but no such license shall authorize ex

Classos of 11censes.

" Revolutionary War Statutes. Rhode Island: See Act for encouraging the manufacture of saltpetro and gunpowder, January, 1776, Laws of Rhode Island, p. 248 p. 119).

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