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Exchanges for new equipment.

Travel expenses of for

tors,etc.. in the

Provided, That, subject to the approval of the Secretary of War, motor-propelled vehicles, airplanes, engines, parts thereof, and appurtenances may be exchanged in part payment for new equipment of the same or similar character to be used for the same purpose as those proposed to be exchanged.

Provided further, That during the present emergency, eign instruc- officers and enlisted men of foreign armies attached to United States. the Aviation Section of the Signal Corps as instructors or inspectors when traveling in the United States on official business pertaining to the Aviation Section of the Signal Corps shall be authorized, from funds appropriated by this Act, the same mileage and transportation allowances as are authorized for officers or enlisted men of the Regular Army.

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July 27, 1917. [H. R. 4892.]

[Public. No. 31.]

North Island,

San Diego Harbor, Cal. Possession

for aviation

SEC. 10. That for the purpose of carrying this Act into effect the sum of $640,000,000 is hereby appropriated out of any funds in the Treasury not otherwise appropriated, to be available until June thirtieth, nineteen hundred and eighteen.

"SPECIAL AVIATION ACT."

[247] CHAP. 42.-An Act Authorizing the President to take possession, on behalf of the United States, for use as sites for permanent aviation stations for the Army and Navy and for aviation school purposes, of the whole of North Island in the harbor of San Diego, California, and for other purposes. [Approved, July 27, 1917. 40 Stats. 247].

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asauthorized of, sembled, That the President be, and he is hereby, aupurposes. thorized to cause possession to be taken forthwith, on behalf of the United States, for use for national defense and in connection therewith as sites for permanent aviaVesting of tion stations for the Army and Navy and for aviation R. S., sec. school purposes, of the whole of North Island, in the harbor of San Diego, California, and the provisions of section three hundred and fifty-five, Revised Statutes, shall not apply to the expenditure of any appropriations for improvements thereon for aviation purposes.

title waived.

355, p. 60.

[248] The Attorney General or the claimants to the said North Island are authorized to make application Condemnation for the determination and appraisement of any rights private parties may have in the said island over and beyond any rights thereto in the United States to the Dis

proceedings.

Appeal.

determined

court.

trict Court of the United States for the Southern District of California; the proceedings to be prosecuted in accordance with the laws of the State of California relating to the condemnation of property for public use. Either party may take an appeal from the judgment of such court direct to the Supreme Court of the United States within ninety days after such judgment is ren- Payment of dered. Upon the final ascertainment of the value of value into any right, title, or interest adjudged to be in any private claimants to the said island there shall be paid into court the value of the same as so determined, together with interest thereon at the rate of six per centum per annum from date possession thereof was taken as herein authorized; and thereupon the United States shall be vested with title to said lands. The amount so paid shall be distributed by order of the court to the owner or owners of such right, title, or interest in said island as their respective interests may be determined. by the court. The amount necessary to pay the awards in favor of private claimants is hereby appropriated, out of any money in the Treasury not otherwise specifi- Appropriation. cally appropriated, to be disbursed under orders of the Secretary of War.'"

"RIVER AND HARBOR ACT."

Distribution to owners.

[250] CHAP. 49.-An Act Making appropriations for the construc- August 8, 1917. tion, repair, and preservation of certain public works on rivers [II. R. 4285.] and harbors, and for other purposes. Approved Angust, St (Public, No. qu 297jzolqz9 to moitstrog Be it enacted by the Senate and House of Representa- River and tives of the United States of America in Congress as- priations.

1917. 40 Stats. 250.]

sembled,

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httppro

Regulation of harbors, etc.

362.

gable waters

[266] SEC. 7. That section four of the river and harbor Act of August eighteenth, eighteen hundred and ninety- Vol. 28, p. four, as amended by section eleven of the river and harbor Act of June thirteenth, nineteen hundred and two, be, and is hereby, amended so as to read as follows: "SEC. 4. That it shall be the duty of the Secretary of Use of navi War to prescribe such regulations for the use, adminis- to be regulated tration, and navigation of the navigable waters of the War. United States as in his judgment the public necessity 374, amended. may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by

by Secretary of Vol. 32. p.

regulations.

for violations.

Posting of law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate Punishment places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court."

Regulation SEC. 8. That, in the interest of the national defense of areas adjacent to target and for the better protection of life and property on fications, etc. said waters, the Secretary of War is hereby authorized

practice, forti

and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion of areas of the navigable waters of the United States or waters under the jurisdiction of the United States endangered or likely to be endangered by Coast Artillery fire in target practice or otherwise, or by the proving operations of the Government ordnance proving ground at Sandy Hook, New Jersey, or at any Government ordnance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by sub[267] marine mines, mine fields, submarine cables, or other material and accessories Transporting pertaining to seacoast fortifications; and the said Secreexplosives] 1.58 tary of War shall have like power to regulate the transportation of explosives upon any of said waters. Enforcement. That to enforce the regulations prescribed pursuant to this section the Secretary of War may detail any public vessel in the service of the War Department, or, upon the request of the Secretary of War, the head of any other department may enforce, and the head of any such department is hereby authorized to enforce, such regulations by means of any public vessel of such depart

9719

August 10,

1917. [S. 2356.]

[Public, No. 39.]

Interstate

commerce

ulations.

ment.

"PRIORITY SHIPMENT ACT.”

[272] CHAP. 51.-An Act To amend the Act to regulate commerce, as amended, and for other purposes. [Approved, August 10. 1917. 40 Stats. 272.]

Be it enacted by the Senate and House of Representareg-tives of the United States of America in Congress asVol. 36. sembled, That section one of the act entitled "An Act to regulate commerce," approved February fourth, eighteen

547, amended.

hundred and eighty-seven, as heretofore amended, be further amended by adding thereto the following:

for obstructing

of

carriers, etc.,

war.

forces to pre

"That on and after the approval of this Act any per- Punishment son or persons who shall, during the war, in which the movement United States is now engaged, knowingly and willfully, during present by physical force or intimidation by threats of physical force obstruct or retard, or aid in obstructing or retarding, the orderly conduct or movement in the United States of interstate or foreign commerce, or the orderly make-up or movement or disposition of any train, or the movement or disposition of any locomotive, car, or other vehicle on any railroad cr elsewhere in the United States engaged in interstate or foreign commerce shall be deemed guilty of a misdemeanor, and for every such offense shall be punishable by a fine of not exceeding $100 or by imprisonment for not exceeding six months, Use of armed or by both such fine and imprisonment; and the Presi- vent, etc. dent of the United States is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of the passage of the mail, or of the orderly conduct or movement of interstate or foreign commerce in any part of the United States, or of any train, locomotive, car, or other vehicle upon any railroad or elsewhere in the United States engaged in interstate or foreign commerce: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section six or section twenty of Vol. 38, pp. an Act entitled 'An Act to supplement existing laws against unlawful restrains and monopolies, and for other purposes,' approved October fifteenth, nineteen hundred and fourteen.

Proviso.
Labor pro-

visions not

changed.

731, 738.

transportation

fense commod

"That during the continuance of the war in which the Preferential United States is now engaged the President is authorized, of national deif he finds it necessary for the national defense and se- Ities. curity, to direct that such traffic or such shipments of commodities as, in his judgment, may be essential to the national defense and security shall have preference or priority in transportation by any common carrier by railroad, water, or otherwise. He may give these di- Officials rections at and for such times as he may letermine, and etc. may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders direct, or through such person or persons as he may designate for the purpose or through the Interstate Commerce Commission. Officials of the United States, when so

to

issue orders,

tion expenses,

etc.

have agencies

to receive no

etc.

complied with.

Compensa designated, shall receive no compensation for their services rendered hereunder. Persons not in the employ of the United States so designated shall receive such compensation as the President may fix. Suitable offices may be [273] rented and all necessary expenses, including compensation of persons so designated, shall be paid as directed by the President out of funds which may have been or may be provided to meet expenditures for Carriers may the national security and defense. The common carin Washington riers subject to the Act to regulate commerce or as many tices, orders, of them as desire so to do are hereby authorized without responsibility or liability on the part of the United States, financial or otherwise, to establish and maintain in the city of Washington during the period of the war an agency empowered by such carriers as join in the arrangement to receive on behalf of them all notice and service of such orders and directions as may be issued in accordance with this Act, and service upon such agency shall be good service as to all the carriers joining in the Orders to be establishment thereof. And it shall be the duty of any and all the officers, agents, or employees of such carriers by railroad or water or otherwise to obey strictly and conform promptly to such orders, and failure knowingly Penalty for and willfully to comply therewith, or to do or perform whatever is necessary to the prompt execution of such order, shall render such officers, agents, or employees guilty of a misdemeanor, and any such officer, agent, or employee shall, upon conviction, be fined not more than $5,000, or imprisoned not more than one year, or both, Rates for in the discretion of the court. For the transportation to be fixed by of persons or property in carrying out the orders and directions of the President, just and reasonable rates shall be fixed by the Interstate Commerce Comn.ission; and if the transportation be for the Government of the United States, it shall be paid for currently or monthly by the Secretary of the Treasury cut of any funds not otherwise exempt from appropriated. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal pains, penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction."1

failure.

transportation

Commission.

Preferences

penalties, etc.

1As to compensation for transportation of troops, munitions of war, military supplies and property, see also 40 Stats. 193.

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