NOTES RELATING TO ARTICLE I. Hon. Robert Lansing, British Embassy, Washington, June 3, 1918. Secretary of State of the United States. Sir: With reference to the military-service convention between the United States and Great Britain signed to-day, I am instructed by His Majesty's Government to explain why the proviso to Article I does not limit the military service of citizens of the United States in Great Britain to those of the ages specified in the laws of the United States prescribing compulsory military service, as requested by the United States Government. The reason for the omission of this clause in the proviso is a desire to avoid the delay that would be involved in modifying the military service acts, 1916 to 1918, which control the operation of any convention of this character. I beg you, therefore, to be good enough not to press this proposal. The effect of these acts is to make United States citizens in Great Britain under this convention liable to military service between the ages of 18 and 49, both inclusive. The limitation of the ages of United States citizens in Great Britain for the purpose of military service to those prescribed in the laws of the United States relating to compulsory military service may, however, be attained without amendment of these acts by exercise of the United States of its right of exemption under Article III. His Majesty's Government understands therefore, that the United States Government will exercise their right under Article III to exempt from compulsory military service in Great Britain all citizens. of the United States in Great Britain outside the ages specified in the laws of the United States prescribing compulsory military service. I have the honor to be, with the highest consideration, sir, Your most obedient, humble servant, His Excellency the Earl of Reading, Reading. June 3, 1918. Ambassador of Great Britain on Special Mission: I have the honor to acknowledge the receipt of Your Excellency's note of this date in regard to the military service convention between the United States and Great Britain, signed to-day, in which you state that you are instructed to explain why the proviso to Article I does not limit the military service of citizens of the United States in Great Britain to those of the ages specified in the laws of the United States prescribing compulsory military service as requested. by the United States Government. In explanation Your Excellency states as follows: The reason for the omission of this clause in the proviso is a desire to avoid the delay which would be involved in modifying the military service acts, 1916 to 1918, which control the operation of any convention of this character. I beg you, therefore, to be good enough not to press this proposal. The effect of these acts is to make United States citizens in Great Britain under this convention liable to military service between the ages of 18 and 49 years, both inclusive. The limitation of the ages of United States citizens in Great Britain for the purposes of military service to those prescribed in the laws of the United States relating to compulsory military service may, however, be attained without amendment of these acts by the exercise by the United States of its right of exemption under Article III. Your excellency adds that His Majesty's Government understands, therefore, that the United States Government will exercise its right under Article III to exempt from compulsory military service in Great Britain all citizens of the United States in Great Britain outside the ages specified in the laws of the United States prescribing compulsory military service. In reply I have the honor to inform your excellency that the Government of the United States is pleased to accept this explanation of said Article I, and, in lieu of a clause in this article limiting the military service of citizens of the United States in Great Britain to those of the ages specified in the laws of the United States prescribing compulsory military service, to exercise its right under Article III to exempt from compulsory military service in Great Britain all citizens of the United States in Great Britain outside of the ages specified in the laws of the United States prescribing compulsory military service. I have the honor to be, with the highest consideration, Robert Lansing. Upon exchange of ratifications a certificate signed by the President in the following form will be issued exempting from military service citizens of the United States in Great Britain outside of the ages specified from time to time by the laws of the United States prescribing compulsory military service for citizens of the United States. In accordance with such certificate and the provisions of Article III of the convention in respect of citizens of the United States in Great Britain certificates of exemption will be issued to citizens of the United States in Great Britain outside the ages specified in the laws of the United States prescribing from time to time compulsory military service for citizens of the United States. GENERAL CERTIFICATE. Whereas the convention concluded on June 3, 1918, between the Government of the United States and the Government of Great Britain in respect to compulsory military service of the citizens or subjects of either party in the territories of the other, provides in Article III that: The Government of the United States and His Britannic Majesty's Government may, through their respective diplomatic representatives, issue certificates of exemption from military service to citizens of the United States in Great Britain and British subjects in the United States, respectively, upon application or otherwise, within 60 days from the date of the exchange of ratifications of this convention, or within. 30 days from the date when such citizens or subjects become liable to military service in accordance with Article I, provided that the applications be made or the certificates be granted prior to their entry into the military service of either country. Such certificates may be special or general, temporary or conditional, and may be modified, renewed, or revoked in the discretion of the Government granting them. Persons holding such certificates shall, so long as the certificates are in force, not be liable to military service in the country in which they are. And whereas, by an exchange of notes dated June 3, 1918, between the parties of said convention in relation to Article I thereof, it is understood that the Government of the United States will exercise its right under Article III to exempt from compulsory military service in Great Britain all citizens of the United States in Great Britain outside of the ages specified in the laws of the United States prescribing compulsory military service for citizens of the United States. Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of authority of Article III of said convention, hereby certify, in the name of the Government of the United States, that all citizens of the United States in Great Britain outside the ages specified from time to time in the laws of the United States prescribing compulsory military service for citizens of the United States are and shall be exempt from compulsory military service in Great Britain. 7. CAR SERVICE ACT [Public-No. 19-65th Congress. H. R. 328.] An Act to amend an Act entitled "An Act to regulate commerce," as amended, in respect of car service, and for other purposes. [May 29, 1917.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of the Act entitled "An Act to regulate commerce," approved February twenty-fourth, eighteen hundred and eighty-seven, as heretofore amended, is further amended by adding thereto the following: The term "car service" as used in this Act shall include the movement, distribution, exchange, interchange, and return of cars used in the transportation of property by any carrier subject to the provisions of this Act. It shall be the duty of every such carrier to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service, and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful. The Interstate Commerce Commission is hereby authorized by general or special orders to require all carriers subject to the provisions of the Act, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the commission may, in its discretion, direct that the said rules and regulations shall be inMIL.L.-31 corporated 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 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. Whenever the commission shall be of opinion that 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 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. The directions of the commission as to car service may be made through and by such agents or agencies as the commission shall designate and appoint for that purpose. 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 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. Approved, May 29, 1917. 8. EMERGENCY SHIPPING FUND ACT (Urgent Deficiencies Act) [Public-No. 23-65th Congress. H. R. 3971.] An Act making appropriations 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. [June 15, 1917.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That * * * The President is.hereby authorized and empowered, within the limits of the amounts herein authorized (a) To place an order with any person for such ships 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. (b) To modify, suspend, cancel, or requisition any existing or future contract for the building, production, or purchase of ships or material. (c) To require the owner or occupier of any plant in 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. (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 person. If any person owning any ship, charter, or material, or owning, leasing, or operating any plant equipped for the building or production of ships or material shall refuse or 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 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, suspend or requisition any contract, make use of, assume, 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 President, is unsatisfactory to the person entitled to receive 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. The President may exercise the power and authority hereby vested in him, and expend the money herein and hereafter appropriated through such agency or agencies as he shall determine from time to time: Provided, That all money turned over to the United States Shipping Board Emergency Fleet Corporation may be expended as other moneys of said corporation are now expended. All ships constructed, purchased, or requisitioned under authority herein, or heretofore or |