rights, etc. . obligation accruing or accrued, or any suit or proceeding had or commenced in any civil case before the said termination pursuant to this Enforcement of Act; but all rights and liabilities under this Act arising before its termination shall continue and may be enforced in the same manner as if the Act had not terminated. Any offense committed and all penalties, forfeitures, or liabilities incurred prior to such termination may be prosecuted or punished in the same manner and with the same effect as if this Act had not been terminated. Prosecutions, etc., continued. Coal and coke. Power conferred to duction, sales, etc., during the war. sion. President may take over and conduct busi SEC. 25. That the President of the United States shall be, and he is regulate prices, pro- hereby, authorized and empowered, whenever and wherever in his judgment necessary for the efficient prosecution of the war, to fix the price of coal and coke, wherever and whenever sold, either by producer or dealer, to establish rules for the regulation of and to regulate the method of production, sale, shipment, distribution, apportionment, Execution by Fed- or storage thereof among dealers and consumers, domestic or foreign: eral Trade Commis- said authority and power may be exercised by him in each case through the agency of the Federal Trade Commission during the war or for such part of said time as in his judgment may be necessary. That if, in the opinion of the President, any such producer or ness if producer, etc., dealer fails or neglects to conform to such prices or regulations, or to conduct his business efficiently under the regulations and control of the President as aforesaid, or conducts it in a manner prejudicial to the public interest, then the President is hereby authorized and empowered in every such case to requisition and take over the plant, business, and all appurtenances thereof belonging to such producer or dealer as a going concern, and to operate or cause the same to be operated in such manner and through such agency as he may direct during the period of the war or for such part of said time as in his judgment may be necessary. fails to comply with regulations. Determination of compensation. Suit authorized if amount not satisfactory. That any producer or dealer whose plant, business, and appurtenances shall have been requisitioned or taken over by the President shall be paid a just compensation for the use thereof during the period that the same may be requisitioned or taken over as aforesaid, which compensation the President shall fix or cause to be fixed by the Federal Trade Commission. That if the prices so fixed, or if, in the case of the taking over or requisitioning of the mines or business of any such producer or dealer the compensation therefor as determined by the provisions of this Act be not satisfactory to the person or persons entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined, 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 in the manVol. 36, pp. 1096, 1132. ner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. Procedure. Operating employees, etc. Sale of products to may be required. While operating or causing to be operated any such plants or business, the President is authorized to prescribe such regulations as he may deem essential for the employment, control, and compensation of the employees necessary to conduct the same. Or if the President of the United States shall be of the opinion United States agency that he can thereby better provide for the common defense, and whenever, in his judgment, it shall be necessary for the efficient prosecution of the war, then he is hereby authorized and empowered to require any or all producers of coal and coke, either in any special area or in any special coal fields, or in the entire United States, to sell their products only to the United States through an agency to Agency to control be designated by the President, such agency to regulate the resale chases, etc., sale, pur- of such coal and coke, and the prices thereof, and to establish rules for the regulation of and to regulate the methods of production, shipment, distribution, apportionment, or storage thereof among production, dealers and consumers, domestic or foreign, and to make payment of the purchase price thereof to the producers thereof, or to the person or persons legally entitled to said payment. Shipments by pro Orders, etc., to be That within fifteen days after notice from the agency so designated ducer to cease. to any producer of coal and coke that his, or its, output is to be so purchased by the United States as hereinbefore described, such producer shall cease shipments of said product upon his own account and shall transmit to such agency all orders received and unfilled or partially unfilled, showing the exact extent to which shipments have executed by agency been made thereon, and thereafter all shipments shall be made only alone. on authority of the agency designated by the President, and thereafter no such producer shall sell any of said products except to the United States through such agency, and the said agency alone is hereby authorized and empowered to purchase during the continuance of the requirement the output of such producers. price. Suit, etc., authorized That the prices to be paid for such products so purchased shall be Basis of purchase based upon a fair and just profit over and above the cost of production, including proper maintenance and depletion charges, the reasonableness of such profits and cost of production to be determined by the Federal Trade Commission, and if the prices fixed by the said if amount not satiscommission of any such product purchased by the United States as herein before described be unsatisfactory to the person or persons entitled to the same, such person or persons shall be paid seventy-five Procedure. per centum of the amount so determined, and shall be entitled to sue the United States to recover such further sum as, added to said factory. seventy-five per centum, will make up such amount as will be just Vol. 36, pp. 1096, 1132. compensation in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. Government prices All such products so sold to the United States shall be sold by the to be uniform. United States at such uniform prices, quality considered, as may be practicable and as may be determined by said agency to be just and fair. Continuing use of Balances. Any moneys received by the United States for the sale of any such receipts. coal and coke may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. Any moneys not so used shall be covered into the Treasury as miscellaneous receipts. Cost of production That when directed by the President, the Federal Trade Commis- to be ascertained by sion is hereby required to proceed to make full inquiry, giving such Commission. notice as it may deem practicable, into the cost of producing under reasonably efficient management at the various places of production the following commodities, to wit, coal and coke. Information required The books, correspondence, records, and papers in any way referring from producers, purto transactions of any kind relating to the mining, production, sale, chasers, etc. or distribution of all mine operators or other persons whose coal and coke have or may become subject to this section, and the books, correspondence, records, and papers of any person applying for the purchase of coal and coke from the United States shall at all times be subject to inspection by the said agency, and such person or persons shall promptly furnish said agency any data or information relating to the business of such person or persons which said agency may call for, and said agency is hereby authorized to procure the to procure." information in reference to the business of such coal-mine operators and producers of coke and customers therefor in the manner provided for in sections six and nine of the Act of Congress approved September twenty-sixth, nineteen hundred and fourteen, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," and said agency is hereby authorized and Authority of agency Vol. 38, pp. 721, 722. Establishment maximum prices. of Allowances for producers. ers. Allowances for deal Prior contracts not impaired. Punishment for vio lations. Norestriction on purchases, etc., for Government use. Hoarding, destroying, etc., necessaries to felony. Punishment for. Provisos. empowered to exercise all the powers granted to the Federal Trade Commission by said Act for the carrying out of the purposes of this section. Having completed its inquiry respecting any commodity in any locality, it shall, if the President has decided to fix the prices at which any such commodity shall be sold by producers and dealers generally, fix and publish maximum prices for both producers of and dealers in any such commodity, which maximum prices shall be observed by all producers and dealers until further action thereon is taken by the commission. In fixing maximum prices for producers the commission shall allow the cost of production, including the expense of operation, maintenance, depreciation, and depletion, and shall add thereto a just and reasonable profit. In fixing such prices for dealers, the commission shall allow the cost to the dealer and shall add thereto a just and reasonable sum for his profit in the transaction. The maximum prices so fixed and published shall not be construed as invalidating any contract in which prices are fixed, made in good faith, prior to the establishment and publication of maximum prices by the commission. Whoever shall, with knowledge that the prices of any such commodity have been fixed as herein provided, ask, demand, or receive a higher price, or whoever shall, with knowledge that the regulations have been prescribed as herein provided, violate or refuse to conform to any of the same, shall, upon conviction, be punished by fine of not more than $5,000, or by imprisonment for not more than two years, or both. Each independent transaction shall constitute a separate offense. Nothing in this section shall be construed as restricting or modifying in any manner the right the Government of the United States may have in its own behalf or in behalf of any other Government at war with Germany to purchase, requisition, or take over any such commodities for the equipment, maintenance, or support of armed forces at any price or upon any terms that may be agreed upon or otherwise lawfully determined. SEC. 26. That any person carrying on or employed in commerce limit supply, etc., a among the several States, or with foreign nations, or with or in the Territories or other possessions of the United States in any article suitable for human food, fuel, or other necessaries of life, who, either in his individual capacity or as an officer, agent, or employee of a corporation or member of a partnership carrying on or employed in such trade, shall store, acquire, or hold, or who shall destroy or make away with any such article for the purpose of limiting the supply thereof to the public or affecting the market price thereof in such commerce, whether temporarily or otherwise, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two Storing personal years, or both: Provided, That any storing or holding by any farmer, products of farms, ex- gardener, or other person of the products of any farm, garden, or other land cultivated by him shall not be deemed to be a storing or holding Associations of farm- within the meaning of this Act: Provided further, That farmers and fruit growers, cooperative and other exchanges, or societies of a similar character shall not be included within the provisions of this For future business section: Provided further, That this section shall not be construed to prohibit the holding or accumulating of any such article by any such person in a quantity not in excess of the reasonable requirements of his business for a reasonable time or in a quantity reasonably required to furnish said articles produced in surplus quantities seasonAntitrust Act not ally throughout the period of scant or no production. Nothing contained in this section shall be construed to repeal the Act entitled cepted. ers, etc. needs, etc. affected. Vol. 26, p. 209. "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety, commonly known as the Sherman Antitrust Act. President may procure and sell, to aid Nitrate of soda. agriculture. SEC. 27. That the President is authorized to procure, or aid in procuring, such stocks of nitrate of soda as he may determine to be necessary, and find available, for increasing agricultural production during the calendar years nineteen hundred and seventeen and eighteen, and to dispose of the same for cash at cost, including all expenses connected therewith. For carrying out the purposes of this Appropriation. section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available immediately and until expended, the sum of $10,000,000, or so much thereof as may be necessary, and the President is authorized to make such regulations, and to use such means and agencies of the Government, as, in his discretion, he may deem best. The proceeds arising from the dis- Deposit of proceeds. position of the nitrate of soda shall go into the Treasury as miscellaneous receipts. Approved, August 10, 1917. CHAP. 54.-An Act To authorize and empower the Southwest Louisiana Waterways Association, of the State of Louisiana, to construct a lock and dam in Mermentau River, in the State of Louisiana. Means of operation. September 19, 1917. Mermentau River, Southwest Louisiana dam in. Provisos. ex Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress La is hereby granted for the Southwest Louisiana Waterways Association, Waterways Association of the State of Louisiana, to construct a lock and dam in the Mer- may build lock and mentau River at some suitable point, to be approved by the Secretary of War: Provided, That said lock and dam shall be constructed and maintained wholly at the expense of said Association and in accordance with plans and specifications approved by the Chief of Engineers No toll allowed. and the Secretary of War: Provided further, That no toll shall be imposed at any time for the passage of any craft through said lock: And provided further, That the operation and care of said lock and Army officer. dam, with funds provided by the association, may, in the discretion of the Secretary of War, be assigned to the engineer officer of the United States Army in charge of the locality. penses. Operation under Commencement. Proviso. SEC. 2. That this Act shall be null and void unless the privilege hereby granted shall be availed of within two years from the date hereof: Provided, That no dam constructed under the consent hereby Use limited. granted shall be used to develop water power, nor to generate electricity, but the use of the dam by the construction shall be limited to irrigation. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, September 19, 1917. CHAP. 55.-Joint Resolution For improving Willapa Harbor and River, Washington. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War may proceed with the work of improving Willapa Harbor and River, Washington, in accordance with the authorization in the river and harbor Act of July twenty-seventh, nineteen hundred and sixteen, provided he is assured that the city of Raymond and other local interests will contribute the sum of $71,775, being one-half the actual estimated cost of dredging in the North and South Forks of the Willapa River above their junction and will comply with all the other conditions of cooperation imposed by the said Act. Approved, September 19, 1917. Amendment. September 24, 1917. United States securities. tional security, etc. issue. CHAP. 56.-An Act To authorize an additional issue of bonds to meet expenditures for the national security and defense, and, for the purpose of assisting in the prosecution of the war, to extend additional credit to foreign Governments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary borrow money for na- of the Treasury, with the approval of the President, is hereby authorized to borrow, from time to time, on the credit of the United States for the purposes of this Act, and to meet expenditures authorized for the national security and defense and other public purposes authorized by law, not exceeding in the aggregate Additional to prior $7,538,945,460, and to issue therefor bonds of the United States, in addition to the $2,000,000,000 bonds already issued or offered for subscription under authority of the Act approved April twentyfourth, nineteen hundred and seventeen, entitled "An Act to authorize an issue of bonds to meet expenditures for the national security and defense, and, for the purpose of assisting in the prosecution of the war, to extend credit to foreign governments, and for Amount in lieu of un- other purposes": Provided, That of this sum $3,063,945,460 shall be in lieu of that amount of the unissued bonds authorized by sections one and four of the Act approved April twenty-fourth, nineteen hundred and seventeen, $225,000,000 shall be in lieu of that amount of the unissued bonds authorized by section thirty-nine of the Act approved August fifth, nineteen hundred and nine, $150,000,000 shall be in lieu of the unissued bonds authorized by the joint resolution approved March fourth, nineteen hundred and March 3, 1917, bonds. seventeen, and $100,000,000 shall be in lieu of the unissued bonds authorized by section four hundred of the Act approved March third, nineteen hundred and seventeen. Proviso. issued liberty bonds. Panama Canal bonds. Naval bonds. emergency Vol. 39, p. 1201. Vol. 39, p. 1002. Forms, terms, etc., of bonds. The bonds herein authorized shall be in such form or forms and denomination or denominations and subject to such terms and conditions of issue, conversion, redemption, maturities, payment, Interest at 4 per cent. and rate or rates of interest, not exceeding four per centum per annum, and time or times of payment of interest, as the Secretary of the Treasury from time to time at or before the issue thereof may prescribe. The principal and interest thereof shall be payable in United States gold coin of the present standard of value. Payable in gold. The bonds herein authorized shall from time to time first be offered at not less than par as a popular loan, under such regulations, prescribed by the Secretary of the Treasury from time to Discretionary allot- time, as will in his opinion give the people of the United States as ments to subscribers. nearly as may be an equal opportunity to participate therein, but he may make allotment in full upon applications for smaller amounts of bonds in advance of any date which he may set for the closing of subscriptions and may reject or reduce allotments upon later applications and applications for larger amounts, and may reject or reduce allotments upon applications from incorporated banks and trust companies for their own account and make allotment in full or larger allotments to others, and may establish a graduated scale of allotments, and may from time to time adopt any or all of said methods, should any such action be deemed by to him to be in the public interest: Provided, That such reduction or increase of allotments of such bonds shall be made under general rules to be prescribed by said Secretary and shall apply to all subPor portionsubscribers similarly situated. And any portion of the bonds so offered and not taken may be otherwise disposed of by the Secretary of the Treasury in such manner and at such price or prices, not less than par, as he may determine. Proviso. General rules apply. scribed for Disposal of Credits to be established with foreign gov SEC. 2. That for the purpose of more effectually providing for the ernments at war with national security and defense and prosecuting the war, the SecreUnited States' enemies. tary of the Treasury, with the approval of the President, is hereby |