porated in

riers subject to the provisions of the Act, or any of them, to file with it from time to time their rules and regulaTo be incor- tions with respect to car service, and the commission may, schedules. in its discretion, direct that the said rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation and be subject to any or all of the provisions of the Act relating thereto. The commission shall, after hearing, on a complaint or Commission. upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service, including the classification of cars, compensation to be paid for the use of any car not owned by any such common carrier and the penalties or other sanctions for nonobservance of such rules.

es

May be tablished by

etc., by Com

ized.

Suspension, Whenever the commission shall be of opinion that mission author- necessity exists for immediate action with respect to the supply or use of cars for transportation of property, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the commission may determine, to suspend the operation of any or all rules, regulations, or practices then established with respect to Directions car service for such time as may be determined by the commission, and also authority to make such just and reasonable directions with respect to car service during such time as in its opinion will best promote car service in the interest of the public and the commerce of the people.

for service.

Execution of The directions of the commission as to car service directions. may be made through and by such agents or agencies as the commission shall designate and appoint for that purpose.

Penalty for noncompliance with orders.

In case of failure or refusal on the part of any carrier, receiver, or trustee to comply with any direction or order with respect to car service, such carrier, receiver, or trustee shall be liable to a penalty [102] of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States.

"EMERGENCY SHIPPING FUND ACT."

[182] CHAP. 29.-An Act Making appropriations to supply urgent June 15, 1917. deficiencies in appropriations for the Military and Naval Estab-_[H. R. 3971.] lishments on account of war expenses for the fiscal year ending [Public, No. June thirtieth, nineteen hundred and seventeen, and for other purposes. [Approved, June 15, 1917. 40 Stats. 182.]

23.j

a ppropriations for war expenses, etc.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of Post, p. 345. any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the Military and Naval Establishments on account of war expenses for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes, namely:

COUNCIL OF NATIONAL DEFENSE.

Council of National Defense.

work, etc., un

Clerks, etc.

167, p. 27.

Rent in Dis

For expenses of experimental work and investigations Expenses of undertaken by the Council of National Defense, employ- der 1. 39, p. ment of experts, and at rates of compensation authorized 649, by section one hundred and sixty-seven of the Revised, R. S. sec. Statutes of the United States of clerical and other assistance, supplies, including books of reference and periodicals, and for necessary expenses of members of the council, of the advisory commission, or subordinate bodies going to and attending meetings of the commission or subordinate bodies, $500,000: Provided, That of the appropria- Provisos. tions herein and heretofore made for the Council of trict of ColumNational Defense there may be expended for rental of quarters in the District of Columbia not to exceed $25,000 in the aggregate for the fiscal year nineteen hundred and seventeen and not to exceed $50,000 for the fiscal year nineteen hundred and eighteen: Provided further, That Powers, etc., in the expenditure of said moneys the existence of a state of war shall not be construed as enlarging the powers or duties of the Council of National Defense, but that such Ante, p. 70. powers and duties shall remain as prescribed by the Act creating said council, approved August twenty-ninth, nineteen hundred and sixteen.

bia.

unchanged. Vol. 39, 650.

p.

Emergency Shipping Fund.

Powers con

ferred on the

EMERGENCY SHIPPING FUND.1

The President is hereby authorized and empowered,

President. within the limits of the amounts herein authorized

To order

ships, etc., for

use.

(a) To place an order with any person for such ships Government or material as the necessities of the Government, to be determined by the President, may require during the period of the war and which are of the nature, kind and quantity usually produced or capable of being produced by such person.

Modify, etc., Contracts therefor.

product of

plants, etc.

(b) To modify, suspend, cancel, or requisition any existing or future contract for the building, production, or purchase of ships or material.

Take the (c) To require the owner or occupier of any plant in shipbuilding which ships or materials are built or produced to place at the disposal of the United States the whole or any part of the output of such plant, to deliver such output or part thereof in such quantities and at such times as may be specified in the order.

Possession of plants.

Acquire ships under construction, etc.

Compliance compulsory.

(d) To requisition and take over for use or operation by the United States any plant, or any part thereof without taking possession of the entire plant, whether the United States has or has not any contract or agreement with the owner or occupier of such plant.

(e) To purchase, requisition, or take over the title to, or the possession of, for use or operation by the United States any ship now constructed or in the process of construction or hereafter constructed, or any part thereof, or charter of such ship.

Compliance with all orders issued hereunder shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts placed with such per[183]son. If any person owning any ship, charter, or material, or owning, leasing, or operating any plant equipped for the buildPossession of ing or production of ships or material shall refuse or etc., on refusal fail to comply therewith or to give to the United States such preference in the execution of such order, or shall refuse to build, supply, furnish, or manufacture the kind, quantities or qualities of the ships or material so ordered, at such reasonable price as shall be determined by the

ships, plants,

of owner.

1 For analogous statutes [covering principle of compulsory order] see annotations under Sec. 120, National Defense Act, p. 2, supra, and [covering principle of requisition] annotations under Sec. 10, Food Control Act, p. 57, infra.

to be deter

President.

President, the President may take immediate possession of any ship, charter, material or plant of such person, or any part thereof without taking possession of the entire plant, and may use the same at such times and in such manner as he may consider necessary or expedient. Whenever the United States shall cancel, modify, sus- Compensation pend or requisition any contract, make use of, assume, mined by the occupy, requisition, acquire or take over any plant or part thereof, or any ship, charter, or material, in accordance with the provisions hereof, it shall make just compensation therefor, to be determined by the President; and if the amount thereof, so determined by the Presi- Suit, etc., if amount unsatdent, is unsatisfactory to the person entitled to receive isfactory. Procedure. the same, 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 said seventy-five per centum, will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code.

Vol. 86, pp.

1093, 1136.

The President may exercise the power and authority Execution of hereby vested in him, and expend the money herein and powers, etc. hereafter appropriated through such agency or agencies

Expenses of Fleet Corpora

as he shall determine from time to time: Provided, That Proviso. all money turned over to the United States Shipping Emergency Board Emergency Fleet Corporation may be expended tion. as other moneys of said corporation are now expended. All ships constructed, purchased, or requisitioned under authority herein, or heretofore or hereafter acquired by the United States, shall be managed, operated, and disposed of as the President may direct.

The word "person" as used herein, shall include any individual, trustee, firm, association, company, corporation, or contractor.

The word "ship" shall include any boat, vessel, or submarine and the parts thereof.

The word "material" shall include stores, supplies, and equipment for ships, and everything required for or in connection with the production thereof.

The word "plant" shall include any factory, workshop, warehouse, engine works; buildings used for manu

1 See Executive Order No. 2664, July 11, 1917 [p. 173]; 2687, August 21, 1917 [p. 176].

Terms con. strued.

"Person."

"Ship."

"Material."

"Plant."

"United States."

Termination of authority.

Limitation of expenditures. Post, p. 345.

facture, assembling, construction, or any process; any shipyard or dockyard and discharging terminal or other facilities connected therewith.

The words "United States" shall include all lands and waters subject to the jurisdiction of the United States of America.

All authority granted to the President herein, or by him delegated, shall cease six months after a final treaty of peace is proclaimed between this Government and the German Empire.

The cost of purchasing, requisitioning, or otherwise acquiring plants, material, charters, or ships now constructed or in the course of construction and the expediting of construction of ships thus under construction shall not exceed the sum of $250,000,000, exclusive of the cost of ships turned over to the Army and Navy, the expenditure of which is hereby authorized, and in executing the authority granted by this Act for such purpose the President shall not expend or obligate the United States to Appropria- expend more than the said sum; and there is hereby Proviso. appropriated for said purpose, $150,000,000: Provided, ments from That this appropriation shall be reimbursed from availArmy and Navy funds. able funds under the War and Navy Departments for vessels turned over for the exclusive use of those departments or either of them.

tion.

Reimburse

Cost of ship construction restricted.

[184] The cost of construction of ships authorized herein shall not exceed the sum of $500,000,000, the expenditure of which is hereby authorized, and in executing the authority granted herein for such purpose the Appropria- President shall not expend or obligate the United States to expend more than said sum; and there is hereby appropriated for said purpose, $250,000,000.

tion.

ships.

Operation of For the operation of the ships herein authorized or in any way acquired by the United States, except those acquired for the Army or Navy, and for every expenditure incident thereto, $5,000,000.

Hampton

*

Naval base, [207] Naval operating base, Hampton Roads, VirRoads, Va. ginia: The President is hereby authorized and emImmediate powered to take over for the United States the immediate thorized of possession and title, including all easements, rights of position site way, riparian and other rights appurtenant thereto, and including all the rights and properties of railway, electric

possession au

Jamestown Ex

for.