2962. Control of necessaries in time of war.-That by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement of foods, feeds, wearing apparel, containers primarily designed or intended for containing foods, feeds, or fertilizers; fuel, including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this Act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulation, and private controls affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are es sential effectively to carry out the provisions of this Act. Sec. 1, act of Aug. 10, 1917 (40 Stat. 276), as amended by sec. 1, act of Oct. 22, 1919 (41 Stat. 297). This is similar to sec. 1, of the act of Aug. 10, 1917, with the exception of the words, "wearing apparel, containers primarily designed or intended for containing foods, feeds, or fertilizers ;"

Notes of Decisions.

Construction.- -"Necessaries," as defined in this section, as amended, includes only articles mentioned therein, and the rule of ejusdem generis can not make necessaries," as used in this section and section 4 of the act of Aug. 10, 1917, include articles of the same nature as specified, since

the sections in question contain no general words in addition to the specific ones. U. S. v. Amer. Woolen Co. (D. C. 1920), 265 Fed. 404.

Woolen cloth is not "wearing apparel " within the meaning of this act. Id. See also notes to 2963, post.

2963. Validity of the Food and Fuel Act.--That if any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the

clause, sentence, paragraph, or part thereof, directly involved in the controversy in which such judgment shall have been rendered. Sec. 22, act of Aug. 10, 1917 (40 Stat. 283).

Notes of Decisions.

Validity.-Sec. 4 of the food control act (by which title this act is to be cited, under a provision of the act of Oct. 22, 1919), as amended by the act of Oct. 22, 1919, providing that it is unlawful “wilfully to make an unjust or unreasonable rate or charge in handling or dealing in or with any necessaries," or to conspire to exact excessive prices for any necessaries," is void and unconstitutional, as repugnant to the Fifth and Sixth Amendments, because referring to no fixed standard of guilt and inadequate to inform persons accused of violation thereof of the

nature and cause of the accusation against them, and because purporting to delegate the legislative power of Congress to courts and juries to determine what acts shall be held to be criminal and punishable. U. S. v. L. Cohen Grocery Co. (1921), 254 U. S. -; 65 L. Ed. 300.

Sec. 25 of this act, authorizing the Presi dent to fix the price of coal and coke as a war measure, is not unconstitutional as depriving persons of property without due process of law. U. S. v. Ford (D. C. 1920), 265 Fed. 424.

2964. Definitions of terms used in the Food and Fuel Act.-That words used in this Act shall be construed to import the plural or the singular, as the case demands. The word "person," wherever used in this Act, shall include individuals, partnerships, associations, and corporations. 'Sec. 23, act

of Aug. 10, 1917 (40 Stat. 283).

2965. Period of operation of the Food and Fuel Act.-That the provisions of this Act shall cease to be in effect when the existing state of war between the United States and Germany shall have terminated, and the fact and date of such termination shall be ascertained and proclaimed by the President; but the termination of this Act shall not affect any act done, or any right or obligation accruing or accrued, or any suit or proceeding had or commenced in any civil case before the said termination pursuant to this 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. Sec. 24, act of Aug. 10, 1917 (40 Stat. 283.)

For joint resolution, providing that certain statutes, the operation of which is contingent upon the existence of a state of war, shall be construed as if the World War bad ended on Mar. 3, 1921, see 2835, ante.

Notes of Decisions.

Termination of war.-A similar phrase used with reference to the termination of the state of war ("date of which shall be determined and proclaimed by the President ") held in the war-time prohibition act of Nov. 21, 1918 (40 Stat. 1046), so definite as to leave no room for construction. The requirement could not be satisfied by passing references in messages to

Congress, nor by newspaper interviews with high officers of the Army or with officials of the War Department. Hamilton v. Ky. Distilleries & Warehouse Co. (1919), 251 U. S. 146; 64 L. Ed. 194. See also Ruppert v. Caffey (1919), 251 U. S. 264; 64 L. Ed. 260; U. S. v. Armstrong (D. C. 1920), 265 Fed. 683; U. S. v. Russel (D. C. 1920), 265 Fed. 414.

2966. Requisition of supplies and storage facilities.-That the President is authorized, from time to time, to requisition foods, feeds, fuels, and other supplies necessary to the support of the Army or the maintenance of the Navy, or any other public use connected with the common defense, and to requisition,

or otherwise provide, storage facilities for such supplies; and he shall ascertain and pay a just compensation therefor. If the compensation so determined be not satisfactory 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 for such necessaries or storage space, and jurisdiction is hereby conferred on the United States District Courts to hear and determine all such controversies: Provided, That nothing in this section, or in the section that follows, shall be construed to require any natural person to furnish to the Government any necessaries held by him and reasonably required for consumption or use by himself and dependents, nor shall any person, firm, corporation, or association be required to furnish to the Government any seed necessary for the seeding of land owned, leased, or cultivated by them. Sec. 10, act of Aug. 10, 1917 (40 Stat. 279).

Notes of Decisions.

Jury trial. The suit authorized by this section is a part of what is in effect a condemnation proceeding, instituted by the requisition and taking possession of the

property, and upon the question of just compensation, the owner is entitled of right to trial by jury. Filbin Corp. v. U. S. (D. C. 1920), 265 Fed. 354.

2967. Purchase and sale of cereals, beans and potatoes.-That the President is authorized from time to time to purchase, to store, to provide storage facilities for, and to sell for cash at reasonable prices, wheat, flour, meal, beans, and potatoes: Provided, That if any minimum price shall have been theretofore fixed, pursuant to the provisions of section fourteen of this Act, then the price paid for any such articles so purchased shall not be less than such minimum price. Any moneys received by the United States from or in connection with the disposal by the United States of necessaries under this section may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. Any balance of such moneys not used as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts. Sec. 11, act of Aug. 10, 1917 (40 Stat. 279).

2968. Commandeering of distilled spirits.-That the President is authorized and directed to commandeer any or all distilled spirits in bond or in stock at the date of the approval of this Act for redistillation, in so far as such redistillation may be necessary to meet the requirements of the Government in the manufacture of munitions and other military and hospital supplies, or in so far as such redistillation would dispense with the necessity of utilizing products and materials suitable for foods and feeds in the future manufacture of distilled spirits for the purposes herein enumerated. The President shall determine and pay a just compensation for the distilled spirits so commandeered; and if the compensation so determined be not satisfactory 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 for such spirits, in the manner provided by section twenty-four, paragraph twenty, and ɛection one hundred and forty-five of the Judicial Code. Sec. 16, act of Aug. 10, 1917 (40 Stat. 282).

2969. Operation by the Government of factories, mines, pipe lines, etc.-That whenever the President shall find it necessary to secure an adequate supply of necessaries for the support of the Army or the maintenance of the Navy, or for any other public use connected with the common defense, he is authorized to requisition and take over, for use or operation by the Government, any factory, packing house, oil pipe line, mine, or other plant, or any part thereof, in or through which any necessaries are or may be manufactured, produced, prepared, or mined, and to operate the same. Whenever the President shall determine that the further use or operation by the Government of any such factory, mine, or plant, or part thereof, is not essential for the national security or defense, the same shall be restored to the person entitled to the possession thereof. The United States shall make just compensation, to be determined by the President, for the taking over, use, occupation, and operation by the Government of any such factory, mine, or plant, or part thereof. If the compensation so determined be 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, in the manner provided by section twentyfour, paragraph twenty, and section one hundred and forty-five of the Judicial Code. The President is authorized to prescribe such regulations as he may deem essential for carrying out the purposes of this section, including the operation of any such factory, mine, or plant, or part thereof, the purchase, sale, or other disposition of articles used, manufactured, produced, prepared, or mined therein, and the employment, control, and compensation of employees. Any moneys received by the United States from or in connection with the use or operation of any such factory, mine, or plant, or part thereof, may, in the discretion of the President, be used as a revolving fund for the purpose of the continued use or operation of any such factory, mine, or plant, or part thereof, and the accounts of each such factory, mine, plant, or part thereof, shall be kept separate and distinct. Any balance of such moneys not used as part of such revolving fund shall be paid into the Treasury as miscellaneous receipts. Sec. 12, act of Aug. 10, 1917 (40 Stat. 279).

2970. Ores and minerals declared to be necessaries.-That by reason of the existence of a state of war, it is essential to the national security and defense, and to the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to provide for an adequate and increased supply, to facilitate the production, and to provide for an equitable, economical, and better distribution of the following-named mineral substances and ores, minerals, intermediate metallurgical products, metals, alloys, and chemical compounds thereof, to wit: Antimony, arsenic, ball clay, bismuth, bromine, cerium, chalk, chromium, cobalt, corundum, emery, fluorspar, ferrosilicon, fullers' earth, graphite, grinding pebbles, iridium, kaolin, magnesite, manganese, mercury, mica, molybdenum, osmium, sodium, platinum, palladium, paper clay, phosphorus, potassium, pyrites, radium, sulphur, thorium, tin, titanium, tungsten, uranium, vanadium, and zirconium, as the President may, from time to time, determine to be necessary for the purposes aforesaid, and as to which there is at the time of such determination, a present or prospective inadequacy of supply. The aforesaid substances mentioned in any such determination are hereinafter referred to as necessaries. Sec. 1, act of Oct. 5, 1918 (40 Stat. 1009).

2971. Control of metals, minerals, etc., by the President.-That the President is authorized from time to time to purchase such necessaries and to enter into, to accept, to transfer, and to assign contracts for the production or purchase of same, to provide storage facilities for and store the same, to provide or improve transportation facilities, and to use, distribute, or allocate said necessaries, or to sell the same at reasonable prices, but such sales made during the war shall not be at a price less than the purchase or cost of production thereof: Provided, That no such contract of purchase shall cover a period longer than two years after the termination of the war. Sec. 2, act of Oct. 5, 1918

(40 Stat. 1009).

For joint resolution providing that certain statutes, the operation of which is contingent upon the existence of a state of war, shall be construed as if the World War had ended on Mar. 3, 1921, see 2835, ante.

2972. Requisition of metals, minerals, etc., by the President. That the President is authorized to requisition and take over any of said necessaries and to use, distribute, allocate, or sell the same; and also to requisition and take over any undeveloped or insufficiently developed or operated idle land, deposit, or mine, and any idle or partially operated smelter, or plant, or part thereof, producing or, in his judgment, capable of producing said necessaries, or either of them, and to develop and operate such mine or deposit or such smelter or plant, either through the agencies hereinafter mentioned, or under lease or royalty agreement, or in any other manner, and to store, use, distribute, allocate, or sell the products thereof: Provided, That no ores or metals, the principal money value of which consists in metals or minerals other than those specifically enumerated in section one hereof, shall be subject to requisition under the provisions of this Act. Whenever the President shall determine that the further use or operation by the Government of any such land, deposit, mine, smelter, or plant, or part thereof, so acquired, is no longer essential for the objects aforesaid, the same shall be returned to the person, firm, or corporation entitled thereto. The United States shall make just compensation, determined by the President, for the taking over, use, occupation, or operation by the Government of any such necessaries, or any such land, deposit, mine, smelter, or plant, or part thereof. If the compensation so determined be unsatisfactory to the person, firm, or corporation entitled thereto, such person, firm, or corporation 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 manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five, of the Judicial Code. Sec. 3, act of Oct. 5, 1918 (40 Stat. 1010).

For joint resolution providing that certain statutes, the operation of which is contingent upon the existence of a state of war, shall be construed as if the World War had ended on Mar. 3, 1921, see 2835, ante.

2973. Voluntary service and cooperation in the conservation of necessities.That in carrying out the purposes of this Act the President is authorized to enter into any voluntary arrangements or agreements, to create and use any agency or agencies, to accept the services of any person without compensation, to cooperate with any agency or person, to utilize any department or agency of the Government, and to coordinate their activities so as to avoid any preventable loss or duplication of effort or funds. Sec. 2, act of Aug. 10, 1917 (40 Stat. 276).

See note to 2972, ante.