APPENDIX 71

Immediately after issuing the embargo proclamation, President Wilson made the following statement:

In controlling by license the export of certain indispensable commodities from the United States, the Government has first and chiefly in view the amelioration of the food conditions which have arisen or are likely to arise in our own country before new crops are harvested. Not only is the conservation of our prime food and fodder supplies a matter which vitally concerns our own people, but the retention of an adequate supply of raw materials is essential to our program of military and naval construction and the continuance of our necessary domestic activities. We shall, therefore, similarly safeguard all our fundamental supplies.

It is obviously the duty of the United States in liberating any surplus products over and above our own domestic needs to consider first the necessities of all the nations engaged in war against the Central Empires. As to neutral nations, however, we also recognize our duty. The Government does not wish to hamper them. On the contrary, it wishes and intends, by all fair and equitable means, to cooperate with them in their difficult task of adding from our available surpluses to their own domestic supply and of meeting their pressing necessities or deficits. In considering the deficits of food supplies, the Government means only to fulfill its obvious obligation to assure itself that neutrals are husbanding their own resources and that our supplies will not become available, either directly or indirectly, to feed the enemy.

1 Official Bulletin, July 9, 1917, p. 3.

WOODROW WILSON

APPENDIX 81

EXECUTIVE ORDER

By virtue of authority vested in me by Title VII of the act approved June 15, 1917, entitled "An act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage and better enforce the criminal laws of the United States, and for other purposes":

I hereby establish an Exports Administrative Board to be composed of a representative respectively of the Secretary of State, the Secretary of Agriculture, the Secretary of Commerce, the Food Administrator, and the United States Shipping Board, and I hereby vest in the said Administrative Board the executive administration of all instructions issued by the President under said Title VII and of the proclamations thereunder, and the said Administrative Board is hereby authorized and directed to take such measures as may be necessary to administer and execute the same and to grant or refuse export licenses thereunder, in accordance with these instructions.

I hereby establish an Exports Council, to be composed of the Secretary of State, the Secretary of Agriculture, the Secretary of Commerce, the Food Administrator, and the Chairman of the Shipping Board, and I hereby authorize and direct the said Exports Council, thus constituted, to act in an advisory capacity upon such matters under this act as may be referred to them by the President or the Administrative Board.

This order shall supersede the Executive order of June 22, 1917, and become effective August 27, 1917.

THE WHITE HOUSE,

August 21, 1917.

'Report of the War Trade Board, 1920, p. 363.

WOODROW WILSON

APPENDIX 91

The exports control proclamation of the President was accompanied by the following statement:

The purpose and effect of this proclamation is not export prohibition, but merely export control. It is not the intention to interfere unnecessarily with our foreign trade; but our own domestic needs must be adequately safeguarded and there is the added duty of meeting the necessities of all the nations at war with the Imperial German Government. After these needs are met it is our wish and intention to minister to the needs of the neutral nations as far as our resources permit. This task will be discharged without other than the very proper qualification that the liberation of our surplus products shall not be made the occasion of benefit to the enemy, either directly or indirectly.

The two lists have been prepared in the interests of facility and expediency. The first list, applicable to the enemy and his allies and to the neutral countries of Europe brings under control practically all articles of commerce, while the second list, applicable to all the other countries of the world, makes only a few additions to the list of commodities controlled by the proclamation of July 9, 1917. It is obvious that a closer supervision and control of exports is necessary with respect to those European neutrals within the sphere of hostilities than is required for those countries farther removed.

The establishment of these distinctions will simplify the administrative processes and enable us to continue our policy of minimizing the interruption of trade.

No licenses will be necessary for the exportation of coin, bullion, currency, and evidences of indebtedness until required by regulations to be promulgated by the Secretary of the Treasury in his discretion. WOODROW WILSON

1Official Bulletin, August 28, 1917, p. 1.

APPENDIX 101

AN ACT TO PUNISH ACTS OF INTERFERENCE WITH THE FOREIGN RELATIONS, THE NEUTRALITY, AND THE FOREIGN COMMERCE OF THE UNITED STATES, TO PUNISH ESPIONAGE, AND BETTER TO ENFORCE THE CRIMINAL LAWS OF THE UNITED STATES, AND FOR OTHER PURPOSES.-APPROVED JUNE 15, 1917.

TITLE VI.

Seizure of Arms and Other Articles Intended for Export.

SECTION 1. Whenever an attempt is made to export or ship from or take out of the United States, any arms or munitions of war or other articles, in violation of law, or whenever there shall be known or probable cause to believe that any such arms or munitions of war, or other articles, are being or are intended to be exported, or shipped from, or taken out of the United States, in violation of law, the several collectors, naval officers, surveyors, inspectors of customs, and marshals, and deputy marshals of the United States, and every other person duly authorized for the purpose by the President, may seize and detain any articles or munitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain possession thereof until released or disposed of as hereinafter directed. If upon due inquiry as hereinafter provided, the property seized shall appear to have been about to be so unlawfully exported, shipped from, or taken out of the United States, the same shall be forfeited to the United States.

140 Statutes at Large, pt. 1, pp. 217, 223.

SEC. 2. It shall be the duty of the person making any seizure under this title to apply, with due diligence, to the judge of the district court of the United States, or to the judge of the United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further detention of the property so seized, which warrant shall be granted only on oath or affirmation showing that there is known or probable cause to believe that the property seized is being or is intended to be exported or shipped from or taken out of the United States in violation of law; and if the judge refuses to issue the warrant, or application therefor is not made by the person making the seizure within a reasonable time, not exceeding 10 days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. If the judge is satisfied that the seizure was justified under the provisions of this title and issues his warrant accordingly, then the property shall be detained by the person seizing it until the President, who is hereby expressly authorized so to do, orders it to be restored to the owner or claimant, or until it is discharged in due course of law on petition of the claimant, or on trial of condemnation proceedings, as hereinafter provided.

SEC. 3. The owner or claimant of any property seized under this title may, at any time before condemnation proceedings have been instituted, as hereinafter provided, file his petition for its restoration in the district court of the United States, or the district court of the Canal Zone, or the court of first instance in the Philippine Islands, having jurisdiction over the place in which the seizure was made, whereupon the court shall advance the cause for hearing and determination with all possible dispatch, and, after causing notice to be given to the United States attorney for the district and to the person making the seizure, shall proceed to hear and decide whether the property seized shall be restored to the petitioner or forfeited to the United States.