WHEREAS, The continuation of the conditions set forth in said proclamation of September 8, 1939, now calls for additional measures within the limits of peace-time authorizations,

WHEREAS, Under and by virtue of section 1 of title II of the Act of Congress approved June 15, 1917, 40 Stat. 220 (U. S. C. title 50, sec. 191), it is provided as follows:

"SECTION 1. Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof.

"Within the territory and waters of the Canal Zone the Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury."

AND WHEREAS, It is essential, in order to carry into effect the provisions of said Act, which are quoted herein, that the powers conferred therein upon the President, the Secretary of the Treasury and the Governor of the Panama Canal be at this time exercised, or available for exercise, with respect to foreign and domestic vessels.

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, by virtue of the powers conferred upon me by the provisions of the said Act of Congress quoted herein, do hereby declare the continuation of the conditions set forth in my proclamation of September 8, 1939, and the existence of a national emergency by reason of threatened disturbance of the international relations of the United States.

AND, I therefore consent to the exercise, with respect to foreign and domestic vessels, by the Secretary of the Treasury and the Governor of the Panama Canal, of all the powers conferred by the provisions of said Act.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

DONE at the City of Washington this 27th day of June in the year of our Lord nineteen hundred and forty and of the Independence of the [SEAL] United States of America, the one hundred and sixty-fourth. FRANKLIN D. ROOSEVELT

By the President:

CORDELL HULL

Secretary of State.

[No. 2412]

(Federal Register, June 29, 1940, Vol. 5, pages 2419-2420.)

PROVISIONS OF WORLD WAR LEGISLATION RELATING TO REQUISITION OF VESSELS

EMERGENCY SHIPPING ACT

[Approved June 15, 1917-Repealed June 5, 1920]

1. The President is hereby authorized and empowered, within the limits of the amounts herein authorized

(a) * * *

(b) To modify, suspend, cancel, or requisition any existing or future contract for the building, production, or purchase of ships or material * * *

(c) * * *

* * *

(e) To purchase, requisition, or take over the title to, or the possession of, for use of 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.

3. 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 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.

4. 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 hereafter acquired by the United States, shall be managed, operated, and disposed of as the President may direct. (40 Stat. 182; Compilation of Merchant Marine and Shipping Acts, Revised to January 1, 1940, pages 166-168.)

ACQUISITION OF DUTCH SHIPS

In January 1918, by an arrangement with the Dutch Government, 460,000 tons of Dutch ships were to be chartered to the United States Shipping Board. About 300,000 tons deadweight of their ships had been chartered when Holland proved unable to live up to the conditions of the agreement.

"The failure to secure shipping in accordance with this arrangement precipitated a crisis in the imperative military needs of the United States which could only be met by the exercise of the extraordinary power conferred on a belligerent, known as the 'right of angary,' to requisition for military purposes vessels of foreign register within the territorial jurisdiction. On March 20, 1918, the President, acting under authority of the act of June 15, 1917, and in accordance with international law and practice, issued a proclamation authorizing the Secretary of the Navy to take over the possession of all such vessels of Netherlands registry as were necessary for essential purposes connected with the prosecution of the war. The vessels were to be manned, equipped, and operated by the Navy Department and the Shipping Board, and the latter was directed to make to the owners full compensation in accordance with the principles of international law.

"Under the authority of this proclamation there were taken over by the Navy Department 87 Dutch vessels, of 533,746 deadweight tons, lying in widely scattered ports of the United States, including Puerto Rico and the Philippines" (Second Annual Report, United States Shipping Board, 1918, p. 47).

(For statement as to settlement of claims arising out of taking over the Dutch ships, disposition of seamen on board the ships, care and disposition of the cargoes on board, and other incidental matters, see discussion in the Second Annual Report, United States Shipping Board, p. 47 and following.)

ACT OF JULY 18, 1918

[Repealed June 5, 1920]

SEC. 11. That the President shall have power to requisition for military purposes, or for any other national purpose connected with or arising out of the present war, temporary possession of any vessel, or, without taking actual possession, to requisition the services of any vessel and to require the person entitled to the possession thereof to issue to the master such instructions as may be necessary to place the vessel at the service of the United Stater

Upon requisitioning such possession or services, or as soon thereafter as the exigencies of the situation may permit, the President shall transmit to the person entitled to the possession of such vessel a charter setting forth the terms which, in his judgment, should govern the relations between the United States and such persons and a statement of the rental or rate of hire which, in his judgment, will be just compensation for the use of such vessel and for the services required under the terms of such charter. If such person does not execute and deliver such charter and accept such rental or rate of hire, the President shall pay to such person a sum equal to seventy-five per centum of such rental or rate of hire as the same may from time to time be due under the terms of the charter, and such person shall be entitled to sue the United States to recover such further sum as added to such seventy-five per centum will make up such amount as will be just compensation for the use of the vessel and for the services required. In the event of loss of or damage to such vessel, due to the operation of a risk assumed by the United States under the terms of such charter (in the event that no valuation of such vessel or mode of a compensation has been agreed to), the United States shall pay just compensation for such loss or damage, to be determined by the President; and if the amount so determined is not satisfactory to the person entitled to receive just compensation, the President shall pay to such person seventy-five per centum of the amount so determined, and such person shall be entitled to sue the United States to recover such further sum as added to such seventy-five per centum will make up such amount as will be just compensation.

(40 U. S. Stat. 913; Compilation of Merchant Marine and Shipping Acts, Revised to January 1, 1940, p. 174.)

SEIZURE OF GERMAN SHIPS

(Act of May 12, 1917)

Joint resolution authorizing the President to take over for the United States the possession and title of any vessel within its jurisdiction, which at the time of coming therein was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war, or was under register of any such nation, and for other purposes

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to take over to the United States the immediate possession and title of any vessel within the jurisdiction thereof, including the Canal Zone and all territories and insular possessions of the United States except the American Virgin Islands, which at the time of coming into such jurisdiction was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war when such vessel shall be taken, or was flying the flag of or was under register of any such nation or any political subdivision or municipality thereof; and, through the United States Shipping Board, or any .department or agency of the Government, to operate, lease, charter, and equip such vessel in any service of the United States, or in any commerce, foreign or coastwise.

SEC. 2. That the Secretary of the Navy be, and he is hereby, authorized and directed to appoint, subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appurtenances, and all property contained therein, at the time of its taking, and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his department. These findings shall be considered as competent evidence in all proceedings on any claim for compensation.

(Compilation of Merchant Marine and Shipping Acts, Revised to January 1,

1940, p. 182.)