Condemnation ized. Compensation. 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 of 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 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., if 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, 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 to vest property by the President as aforesaid the title to all such property so taken over shall immediately vest in e United States: Provided further, That section three applicable. dred and fifty-five of the Revised Statutes of the ed States shall not apply to the expenditures authorreunder.1 autt Gover structi * amount unsatis 1093, 1136. immediately. Restriction not R. S., sec. 355, p. 60. Sales of airplane the war, to for ments, etc., aid States. The President, during the present emergency, is after be the Arm person, 1 governme ment in t or its allies less than 1 See Pres roclamation No. 1418, December 14, 1917 (p. 153]. Proviso. Reuse of moneys received. Target practice damage claims. Ante, p. 59. Proviso. Settlement by Auditor 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. * [364] CLAIMS FOR DAMAGES TO AND LOSS OF PRIVATE PROPERTY: For payment of claims for damages to and loss of private property incident to the training, practice, and operations of the Army that have accrued, or may hereafter accrue, from time to time, $15,000: Provided, 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. * Naval e mergency fund At discretion o. the President. NAVAL EMERGENCY FUND. [369] To enable the President to secure the more Vol. 39, p. 1192. economical and expeditious delivery of materials, equipment, 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 rection and in the the discretion of the Presid $100,000,000. Acquisition of lands, etc., for * [371] The President is hereby authorized and · construction. ered, within the amount herein before authoriz Vol. 39, p. 1193. quire or provide facilities additional to the existence for the construction of torpedo-} ers, their hulls, machinery, and appurten ing the immediate taking over for the U the possession of and title to land, its. and improvements, which he may find connection. Compensation. That if said lands and appurtenan ments shall be taken over as aforesaid, shall make just compensation ther Suit, etc., if mined by the President, and if the determined by the President, is u amount factory. unsatis 1 ac in stroyincludStates of tenances ry in this 1 improvenited States o be deterIt thereof, so ictory to the person entitled to receive the same, such person shall be Procedure. Vol. 36, pp. 1093, 1136. Title to vest im Advances al [383] SEC. 5. That the Secretary of War and the Sec- 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 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.1 "EXPLOSIVES ACT.” and Proviso. Conditions. (H. R. 3932.1 Public, No.68.] [385]CHAP. 83.—An Act To prohibit the manufacture, distribution, October 6, 1917. storage, use, and possession in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use, possession of the same, and for other purposes. [Approved, October 6, 1917. 40 Stats. 385.] Manufacture,etc., restricted in time of war. Be it enacted by the Senate and House of Representatives Explosives. of the United States of America in Congress assembled, That 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. and explo SEC. 2. That the words "explosive" and "explosives" "Explosive", when used herein shall mean gunpowders, powders used sives. Articles 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 me[386] chanical mixture that contains any oxidizing and 1 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]. combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, 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 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. Proviso. etc., not affected. in "Ingredients." Materials cluded as. "Person.' Extension of term. Unauthorized possession, forbidden. etc., Ingredients in etc., allowed. mines, quarries, allowed. 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, 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. SEC. 5. That from and after forty days after the passage and approval of this Act no person shall have in his possession 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 pursmall 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 employee, 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 explosives, 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. portation not af fected. SEC. 6. That nothing contained herein shall apply to Interstate transexplosives or ingredients while being transported upon vessels or railroad cars in conformity with statutory law or Interstate Commerce Commission rules. Manufacture license SEC. 7. That from and after forty days after the passage. of this Act no person shall manufacture explosives unless forbidden. licensed so to do, as hereinafter provided.' Information re SEC. 8. That any licensee or applicant for license here- Licenses. under shall furnish such information regarding himself quired from applicants and 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. excepted. Itemized го 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: Classes of li censes. (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 Foreman'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 1 Revolutionary War Statutes. Rhode Island: See Act for encouraging the manufacture of saltpetre and gunpowder, January, 1776, Laws of Rhode Island, p. 246 (p. 819]. |