ble of manu etc. Operation by Plants capa which, in the opinion of the Secretary of War shall be facturing arms, capable of being readily transformed into a plant for the manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall refuse to give to the United States such preference in the matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammunition, or other supplies or equipment, at a reasonable price as determined by the Secretary of Army Ord- War, then, and in either such case, the President, through nance Depart the head of any department of the Government, in addition to the present authorized methods of purchase or procurement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or when war shall be imminent, such product or material as for noncompli. may be required, and any individual, firm, company, association, or corporation, or organized manufacturing industry, or the responsible heads or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000.1 ment. Punishment ance. 1 For statutes somewhat analogous in principle passed during the Revolutionary War see New Hampshire: Act for raising eleven thousand and two hundred weight of beef within this state for the use of the Continental Army, 1780, 4 Metcalf's Laws of New Hampshire 307 [p. 482]; Act for raising one million and four hundred thousand pounds weight of beef toward the support of the Continental Army, 1781, id. p. 353 [p. 487]; Act for supplying the Continental Army with ten thousand gallons of West India rum, 1781, id. p. 415 [p. 491]. New York: Act to procure a supply of shoes and stockings for the troops raised under the direction of this State, 1778, 1 Cook's N. Y. Laws, 24 [p. 585]; Act for procuring a further supply of clothing for the five continental Battallions raised under the direction of this state, 1778, id. p. 91 [p. 604]; Act to procure a further supply of shoes and stockings, for the troops raised under the direction of this state, 1779, id. p. 121 [p. 614]. Rhode Island: Act apportioning beef supply among the several towns of the state, January, 1781, Laws of Rhode Island, p. 20 [p. 864]. Virginia: Act to empower the Governor and council to employ persons for working the lead mines to greater advantage, 1776, 9 Hening's Stats. 237 [p. 927]; Act for supplying the army with clothes, provisions, and wagons, 1780, 10 Hening's Stats. 338 [p. 969]; Same, 1781, id. p. 393 [p. 979]. for products, The compensation to be paid to any individual, firm,, Compensation company, association, corporation, or organized manu- etc. facturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. Private arms required. Plants which can manufac [214] The Secretary of War shall also make, or cause and munition to be made, a complete list of all privately owned plants plants to be in the United States equipped to manufacture arms or Information ammunition, or the component parts thereof. He shall obtain full and complete information regarding the kind of arms or ammunition, or the component parts thereof, manufactured or that can be manufactured by each such plant, the equipment in each plant, and the maximum ture arms, etc. capacity thereof. He shall also prepare, or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into ammunition factories in time of war or when war shall be imminent; and as to all such plants the Secretary of War shall obtain full and complete information as to the equipment of each such plant, and he shall prepare Plans for comprehensive plans for transforming each such plant etc., to be made. into an ammunition factory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted. transforming, Mobilization of sential for Mil ness. The President is hereby authorized, in his discretion, Board to appoint a Board on Mobilization of Industries Essen-Industries Estial for Military Preparedness, nonpartisan in character, itary Preparedand to take all necessary steps to provide for such clericalAppointment, assistance as he may deem necessary to organize and coordinate the work hereinbefore described. etc. Government Board to investigate feasi Details to be SEC. 121. INVESTIGATION AS TO GOVERNMENT MANUFAC- manufacture of TURE OF ARMS, AND SO FORTH.-The Secretary of War is arms, etc. hereby authorized to appoint a board of five citizens, two bility, etc. of whom shall be civilians and three of whom shall be officers of the Army, to investigate and report to him the reported. feasibility, desirability, and practicability of the Government manufacturing arms, munitions, and equipment, showing in said report the comparative prices of the arms, munitions, and equipment manufactured in Government plants and those manufactured in private plants, the amount of money necessary to build and operate Government plants for the manufacture of arms, muni tions, and equipment; showing also what the Government plants and arsenals are now doing in the way of manufacturing arms, munitions, and equipment, and what saving has accrued to the Government by reason of its having manufactured a large part of its own arms, Report to munitions, and equipment for the last four years. And the Secretary of War is hereby directed to transmit said report to Congress on or before January first, nineteen hundred and seventeen. Congress. Manufacture of arms, etc., for immediate use. Tools, gauges, cured. [215] SEC. 123. PROCUREMENT OF GAUGES, DIES, JIGS, AND SO FORTH, NECESSARY FOR MANUFACTURE OF ARMS, AND etc., to be pro- SO FORTH.-The Secretary of War be, and he is hereby, authorized to prepare or cause to be prepared, to purchase or otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings, as may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and special equipment necessary to arm and equip the land forces likely to be required by the United States in time of war: Provided, That in the expenditure of any sums use of expendi- appropriated to carry out the purposes of this section the existing laws prescribing competition in the procurement of supplies by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service. Proviso. Discretionary tures. ply. Nitrate sup to determine duction of. SEC. 124. NITRATE SUPPLY.-The President of the Investigation United States is hereby authorized and empowered to means for pro- make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is Exclusive use the best and cheapest to use; and is also hereby authorized and empowered to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for carrying out the of plants, etc. purposes of this Act; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other of hydroelectric sites. Construction means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products.1 Acquirement Minerals, The President is authorized to lease, purchase, or ac- of lands, etc. quire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants, and to take from any lands of the United States, or to purchase or acquire by processes, etc. condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. Government use of products. The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by surplus. him under such regulations as he may prescribe. Disposal of Officers, emetc., authorized. The President is hereby authorized and empowered to ployees, employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof. The sum of $20,000,000 is hereby appropriated, out of Appropriation. any moneys in the Treasury not otherwise appropriated, available until expended, to enable the President of the United States to carry out the purposes herein provided for. Operation Government. The plant or plants provided for under this Act shall solely by the be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. 1 Revolutionary War Statutes. Maryland: See Act to punish forestalling and engrossing, and for other purposes, June, 1777, Laws of State of Maryland, c. XI [p. 298]; Act for enlarging the powers of the Governor and council, November Session, 1779, id. c. XVII [p. 366]. New Jersey: See act for erecting salt works, and manufacturing salt within the State of New Jersey, Acts of the State of New Jersey, Oct. 10, 1777, c. 55 [p. 503]; act repealing above, id., March 28, 1778, c. 17 [p. 524]. Rhode Island: See Act for encouraging the manufacture of salt-petre and gunpowder, January, 1776, Laws of Rhode Island, p. 246 [p. 819]. Virginia: See ordinance for providing arms and ammunition for the use of this colony, 1775, 9 Hening's Stats. 71 [p. 916]; Same amended, id. p. 94 [p. 918]. Use of Panama bonds for funds. 117, 192, 1013. In order to raise the money appropriated by this Act and necessary to carry its provisions into effect, the Secretary of the Treasury, upon the request of the President of the United States, may issue and sell, [216] or use for such purpose or construction hereinabove authorized, any of the bonds of the United States now available in Yo the Treasury of the United States under the Act of August fifth, nineteen hundred and nine, the Act of February fourth, nineteen hundred and ten, and the Act of March second, nineteen hundred and eleven, relating to the issue of bonds for the construction of the Panama Proviso. Canal, to a total amount not to exceed $20,000,000: Properiod modified. vided, That any Panama Canal bonds issued and sold or used under the provisions of this section may be made payable at such time after issue as the Secretary of the Treasury, in his discretion, may deem advisable, and fix, instead of fifty years after date of issue, as in said Act of August fifth, nineteen hundred and nine, not exceeding fifty years. Redemption August 29, 1916. [H. R. 15947.] [Public, No. 241.] Naval service appropriations. Interstate commerce. transportatio n "NAVAL APPROPRIATION ACT." [556] CHAP. 417.-An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes. [Approved, August 29, 1916. 39 Stats. 556.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [604] Section six of an Act entitled "An Act to regulate Military commerce," approved February fourth, eighteen hundred in time of war. and eighty-seven, as amended March second, eighteen 587, amended. hundred and eighty-nine, and June twenty-ninth, nineteen hundred and six, which reads: Vol. 34, p. Former provision. Preference to be given troops, etc. "That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic," be amended to read as follows: "That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the trans |