....
HE
745
.A13
A 500609
1929

GENERAL LIBRARY

N
ARTES
1817
SCIENTIA
VERITAS
IVERSITY OF MICHIG
THE SHIPPING ACT
HE
X M
MERCHANT MARINE ACT, 1920
A13
AS AMENDED
AND
MERCHANT MARINE ACT, 1928
Suits in Admiralty Act, Emergency
Shipping Legislation and Other Laws,
Proclamations and Executive Orders
Relating to the Shipping Board and
Merchant Fleet Corporation
UNIVERSITY OF MI
WITHDRAWN BY THE

Published by the United States Shipping Board
SAN LIBRARY
Revised to March 4, 1929

STATES
UNITED
J
די
J
HIPPING
BOA
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1929
ADDITIONAL COPIES
OF THIS PUBLICATION MAY BE PROCURED FROM
THE SUPERINTENDENT OF DOCUMENTS
U. S. GOVERNMENT PRINTING OFFICE
WASHINGTON, D. C.
AT
30 CENTS PER COPY.
Gift
U.S. Yout
HE
10-7-1929
CONTENTS
SHIPPING ACT of 1916, as amended.
•
745
4/3
1 9 2 9
Page
1
PROCLAMATION OF EMERGENCY IN WATER TRANSPORTATION, putting into
effect the provision of section 9 of the shipping act, forbidding the trans-
fer to foreign registry of any American vessels without the consent of the
Shipping Board..
PROCLAMATION OF EMERGENCY IN WATER TRANSPORTATION, putting into
effect the provision of section 37 of the shipping act, as provided by the
act of July 15, 1918, forbidding the transfer to foreign registry of any
American vessels without the consent of the board_ _
MERCHANT MARINE ACT, 1920..
MERCHANT MARINE ACT of 1928.
SUITS IN ADMIRALTY ACT.
HOME PORT BILL of 1925_
1
1
1
26
27
30
63
75
79
DEATH ON HIGH SEAS ACT
81
I
SALVAGE ACT of 1925__
83
APPROPRIATIONS ACT of 1929-
85
BILL OF LADING ACT__.
88-90
ACT authorizing the seizure of German and other alien enemy vessels in-
terned in American ports, approved May 12, 1917.
92
EXECUTIVE ORDER authorizing and directing the Shipping Board to seize
and operate the German vessels.
92
ACT taking over German port facilities.
95
PROCLAMATION relating to taking title and possession of German port facili-
ties, approved June 28, 1918_.
95
PROCLAMATION fixing compensation for the North German Lloyd and Ham-
burg-American Docks approved December 3, 1918_
EXECUTIVE ORDER of November 2, 1921; Panama Railroad Steamship Co.
given right to use Hoboken piers..
96
EXECUTIVE ORDER dated November 3, 1923, transferring a portion of Army
supply base, Charleston, S. C., from control of War Department to
United States Shipping Board-
EXECUTIVE ORDER of June 27, 1924, transferring a portion of Army supply
base, at Norfolk, Va., from control of War Department to United States
Shipping Board.
PROCLAMATION further extending the period for the establishment of
adequate shipping service with, and deferring extension of coastwise
laws to, the Virgin Islands__
103
105
107
112
ACT extending steamboat inspection laws to Shipping Board vessels of
October 14, 1919..
114
EMERGENCY SHIPPING ACT of June 15, 1917, as amended by the act taking
over transportation facilities around shipyards, approved April 22, 1918,
and the emergency shipping provision of the act of November 4, 1918__
Executive OrDER delegating to the Shipping Board and the Emergency
Fleet Corporation the powers conferred upon the President by the
emergency shipping act of June 15, 1917__.
EXECUTIVE ORDER delegating to the Emergency Fleet Corporation the
authority conferred on the President by the act taking over transporta-
tion facilities around shipyards of April 22, 1918-
115
118
119
(III)
IV
Page
EXECUTIVE ORDER delegating to the Shipping Board and the Emergency
Fleet Corporation, respectively, powers granted to the President by the
acts of Congress relative to the emergency shipping fund and approved
on or prior to November 4, 1918_
AN ACT to confer on the President power to prescribe charter rates and
freight rates and to requisition vessels and for other purposes-
PROCLAMATION authorizing the Shipping Board to exercise powers con-
ferred on the President by the act of July 18, 1918, relative to the charter
of vessels.
119
120
124
EXECUTIVE ORDER delegating to the Shipping Board certain powers con-
ferred on the President by the act of July 18, 1918, relating to ocean
freight rates and terminal charges.
125
ACT authorizing the Emergency Fleet Corporation to provide houses for
shipyard employees, approved March 1, 1918……….
126
ACT authorizing foreign vessels to engage in the coastwise trade, approved
October 6, 1917...
128
ACT authorizing the War Risk Insurance Bureau, with the Shipping
Board's approval, to insure foreign vessels of friendly flags while the
vessels are controlled by the board or American citizens, approved
July 11, 1918.
128
ACT authorizing the condemnation of timber and timber products by the
War and Navy Departments and the Shipping Board and Emergency
Fleet Corporation, approved July 11, 1918-
EXECUTIVE ORDER suspending the eight-hour laws in connection with the
operation of vessels, under authority of the act of March 4, 1917.
EXECUTIVE ORDER directing United States Shipping Board and the
United States Shipping Board Emergency Fleet Corporation to dispose
of materials or plants in their discretion__
130
130
131
EXECUTIVE ORDER turning Mississippi River barges and towboats over to
War Department approved March 12, 1919__
132
EXECUTIVE ORDER transferring authority to operate, manage, and dis-
pose of Mississippi River barges and towboats to War Department……….
133
SHIPPING ACT, 1916
(39 U. S. Statutes at Large, 728)
64th Cong., 1st
Chap. 451.-An Act to establish a United States Shipping Board Sept. 7, 1916.
for the purpose of encouraging, developing, and creating a naval (H. R. 15455.)
auxiliary and naval reserve and a merchant marine to meet the Public, No. 260,
requirements of the commerce of the United States with its sess.
Territories and possessions and with foreign countries; to regu- 1916.
late carriers by water engaged in the foreign and interstate com-
merce of the United States; and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That when used in this Act:
Shipping Act,
sec. 801.
by water in for-
The term "common carrier by water in foreign com- U. S. C. Title 46,
merce" means a common carrier, except ferryboats run- Definitions:
ning on regular routes, engaged in the transportation by "Common carrier
water of passengers or property between the United eign commerce."
States or any of its Districts, Territories, or possessions
and a foreign country, whether in the import or export
trade: Provided, That a cargo boat commonly called an Proviso.
ocean tramp shall not be deemed such "common carrier cepted.
by water in foreign commerce."
Ocean tramps ex-
"Common carrier
by water in inter-
The term "common carrier by water in interstate com-
merce" means a common carrier engaged in the trans-state commerce."
portation by water of passengers or property on the high
seas or the Great Lakes on regular routes from port to
port between one State, Territory, District, or possession
of the United States and any other State, Territory, Dis-
trict, or possession of the United States, or between
places in the same Territory, District, or possession.
by water."
The term "common carrier by water" means a common "Common carrier
carrier by water in foreign commerce or a common carrier
by water in interstate commerce on the high seas or the
Great Lakes on regular routes from port to port.
The term "other person subject to this act" means any "Other person
person not included in the term "common carrier by act."
water," carrying on the business of forwarding or fur-
nishing wharfage, dock, warehouse, or other terminal
facilities in connection with a common carrier by water.
subject to this
The term "person" includes corporations, partner- "Person."
ships, and associations, existing under or authorized by
the laws of the United States, or any State, Territory,
District, or possession thereof, or of any foreign country.
(1)
2
"Vessel."
39 Stat. 728.
The term "vessel" includes all water craft and other
U. S. C., Title 46, artificial contrivances of whatever description and at
sec. 802.
39 Stat. 729.
"Documented."
Citizen of United
States.
Controlling inter-
est in corpora-
tion.
whatever stage of construction, whether on the stocks or
launched, which are used or are capable of being or are
intended to be used as a means of transportation on
water.¹
The term "documented under the laws of the United
States," means "registered, enrolled, or licensed under
the laws of the United States." "
SEC. 2. (a) That within the meaning of this Act no
corporation, partnership, or association shall be deemed
a citizen of the United States unless the controlling
interest therein is owned by citizens of the United States,
and, in the case of a corporation, unless its president and
managing directors are citizens of the United States and
the corporation itself is organized under the laws of the
United States or of a State, Territory, District, or pos-
session thereof, but in the case of a corporation, associa-
tion, or partnership operating any vessel in the coastwise.
trade the amount of interest required to be owned by
citizens of the United States shall be 75 per centum.
(b) The controlling interest in a corporation shall not.
be deemed to be owned by citizens of the United States.
(a) if the title to a majority of the stock thereof is not
vested in such citizens free from any trust or fiduciary
obligation in favor of any person not a citizen of the
United States; or (b) if the majority of the voting power
in such corporation is not vested in citizens of the United
States; or (c) if through any contract or understanding
it is so arranged that the majority of the voting power
may be exercised, directly or indirectly, in behalf of any
person who is not a citizen of the United States; or
(d) if by any other means whatsoever control of the cor-
poration is conferred upon or permitted to be exercised
by any person who is not a citizen of the United States.
75 per centum of (c) Seventy-five per centum of the interest in a cor-
poration shall not be deemed to be owned by citizens of
the United States (a) if the title to 75 per centum of its
stock is not vested in such citizens free from any trust
or fiduciary obligation in favor of any person not a citizen
of the United States; or (b) if 75 per centum of the voting
power in such corporation is not vested in citizens of
the United States; or (c) if, through any contract or
interest in corpor-
ation.
1 These paragraphs were added by the act of July 15, 1918, 40 U. S. Stat. 900. (Public,
No. 198, 65th Cong.)
3
understanding it is so arranged that more than 25 per
centum of the voting power in such corporation may be
exercised, directly or indirectly, in behalf of any person.
who is not a citizen of the United States; or (d) if by any
other means whatsoever control of any interest in the
corporation in excess of 25 per centum is conferred upon
or permitted to be exercised by any person who is not a
citizen of the United States.
sec. 803.
(d) The provisions of this Act shall apply to receivers U. S. C., Title 46,
and trustees of all persons to whom the Act applies, and 39 Stat. 729.
to the successors or assignees of such persons.2
Receivers, trus-
tees, successors,
and assigns.
sec. 804.
Board increased
sioners.
appointed by
President.
SEC. 3. That a board is hereby created to be known as u. S. C., Title 46,
the United States Shipping Board and hereinafter re- 39 Stat. 729.
ferred to as the board. The board shall be composed of to seven commis-
seven commissioners, to be appointed by the President, Commissioner
by and with the advice and consent of the Senate; and
the President shall designate the member to act as chair- Chairman.
man of the board, and the board may elect one of its
members as vice chairman. Such commissioners shall be Vice chairman.
appointed as soon as practicable after the enactment of
this Act and shall continue in office two for a term of one Terms of commis-
year, and the remaining five for terms of two, three, four,
five, and six years, respectively, from the date of their
appointment, the term of each to be designated by the
President, but their successors shall be appointed for
'Sec. 2 originally read as follows:
SEC. 2. That within the meaning of this Act no corporation, partnership, or associa-
tion shall be deemed a citizen of the United States unless the controlling interest therein
is owned by citizens of the United States, and, in the case of a corporation, unless its
president and managing directors are citizens of the United States and the corporation
itself is organized under the laws of the United States or of a State, Territory, District, or
possession thereof.
The provisions of this Act shall apply to receivers and trustees of all persons to whom
the Act applies, and to the successors or assignees of such persons.
After the amendment to the Shipping Act of July 15, 1918, sec. 2 read as follows:
SEC. 2. That within the meaning of this Act no corporation, partnership, or associa-
tion shall be deemed a citizen of the United States unless the controlling interest therein
is owned by citizens of the United States, and, in the case of a corporation, unless its
president and managing directors are citizens of the United States and the corporation
itself is organized under the laws of the United States or of a State, Territory, District,
or possession thereof.
The controlling interest in a corporation shall not be deemed to be owned by citizens
of the United States (a) if the title to a majority of the stock thereof is not vested in such
citizens free from any trust or fiduciary obligation in favor of any person not a citizen of
the United States; or (b) if the majority of the voting power in such corporation is not
vested in citizens of the United States; or (c) if through any contract or understanding
it is so arranged that the majority of the voting power may be exercised, directly or indi-
rectly, in behalf of any person who is not a citizen of the United States; or (d) if by any
other means whatsoever control of the corporations is conferred upon or permitted to
be exercised by any person who is not a citizen of the United States.
The provisions of this Act shall apply to receivers and trustees of all persons to whom
the Act applies, and to the successors or assignees of such persons.
sioners.
4
Vacancies.
Qualifications.
terms of six years, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term
of the commissioner whom he succeeds.
The commissioners shall be appointed with due regard
to their fitness for the efficient discharge of the duties
imposed on them by this Act, and two shall be appointed
from the States touching the Pacific Ocean, two from the
States touching the Atlantic Ocean, one from the States
touching the Gulf of Mexico, one from the States touching
the Great Lakes, and one from the interior, but not more
than one shall be appointed from the same State. Not
Board to be non- more than four of the commissioners shall be appointed
from the same political party. A vacancy in the board
shall be filled in the same manner as the original appoint-
ments. No commissioner shall take any part in the con-
matters in which sideration or decision of any claim or particular contro-
versy in which he has a pecuniary interest.
political.
Vacancies.
Commissioners
not to handle
personally inter-
ested.
Entire time to
office.
Commissioners
to have no rela-
tion to persons
subject to act.
Duties may be
divided.
Vacancies.
Seal.
Rules and regula-
tions.
Attorneys.
Conduct of litiga-
tion.
Each commissioner shall devote his time to the duties
of his office, and shall not be in the employ of or hold any
official relation to any common carrier or other person
subject to this Act, nor while holding such office acquire
any stock or bonds thereof or become pecuniarily inter-
ested in any such carrier.
The duties of the board may be so divided that under
its supervision the directorship of various activities may
be assigned to one or more commissioners. Any com-
missioner may be removed by the President for ineffi-
ciency, neglect of duty, or malfeasance in office. A
vacancy in the board shall not impair the right of the
remaining members of the board to exercise all its powers.
The board shall have an official seal, which shall be
judicially noticed.
The board may adopt rules and regulations in regard
to its procedure and the conduct of its business. The
board may employ within the limits of appropriations.
made therefor by Congress such attorneys as it finds.
necessary for proper legal service to the board in the
conduct of its work, or for proper representation of the
public interest in investigations made by it or proceed-
ings pending before it whether at the board's own instance
or upon complaint, or to appear for or represent the board
in any case in court or other tribunal. The board shall
conferred on new have such other rights and perform such other duties not
inconsistent with the Merchant Marine Act, 1290, as
Duties under
Shipping Act
board.
5
are conferred by existing law upon the board in existence
at the time this section as amended takes effect.
to hold over until
The commissioners in office at the time this section as Commissioners
amended takes effect shall hold office until all the com- new commission-
ers appointed.
missioners provided for in this section as amended are
appointed and qualify.³
sec. 805.
39 Stat. 729.
tion Act, 1929,
Cong.
42 Stat. 1242, 43
SEC. 4. That each member of the board shall receive U. S. C., Title 46,
a salary of $12,000 per annum. The board shall appoint Salaries.
a secretary, at a salary of $5,000 per annum, and em- See Appropria-
ploy and fix the compensation of such attorneys, officers, No. 778, 70th
naval architects, special experts, examiners, clerks, and See 42 Stat. 648,
other employees as it may find necessary for the proper Stat. 531, 43 Stat.
performance of its duties and as may be appropriated
for by the Congress. The President, upon the request of
the board, may authorize the detail of officers of the Detail of military
military, naval, or other services of the United States to board.
for such duties as the board may deem necessary in con-
nection with its business.
1209.
and naval officers
under civil serv-
With the exception of the secretary, a clerk to each Employees to be
commissioner, the attorneys, naval architects, and such ice. Exceptions.
special experts and examiners as the board may from
time to time find necessary to employ for the conduct of
its work, all employees of the board shall be appointed
from lists of eligibles to be supplied by the Civil Service
Commission and in accordance with the civil-service law.
3 Sec. 3 of the Shipping Act before being amended by sec. 3 of the Merchant Marine
Act of June 5, 1920, read as follows:
SEC. 3. That a board is hereby created, to be known as the United States Shipping
Board, and hereinafter referred to as the board. The board shall be composed of five
commissioners, to be appointed by the President, by and with the advice and consent
of the Senate; said board shall annually elect one of its members as chairman and one
as vice chairman.
The first commissioners appointed shall continue in office for terms of two, three,
four, five, and six years, respectively, from the date of their appointment, the term of
each to be designated by the President, but their successors shall be appointed for terms
of six years, except that any person chosen to fill a vacancy shall be appointed only for
the unexpired term of the commissioner whom he succeeds.
The commissioners shall be appointed with due regard to their fitness for the efficient
discharge of the duties imposed on them by this act, and to a fair representation of the
geographical divisions of the country. Not more than three of the commissioners shall
be appointed from the same political party. No commissioner shall be in the employ
of or hold any official relation to any common carrier by water or other person subject
to this act, or own any stocks or bonds thereof, or be pecuniarily interested therein.
No commissioner shall actively engage in any other business, vocation, or employment.
Any commissioner may be removed by the President for inefficiency, neglect of duty,
or malfeasance in office. A vacancy in the board shall not impair the right of the
remaining members of the board to exercise all its powers. The board shall have an
official seal, which shall be judicially noticed.
The board may adopt rules and regulations in regard to its procedure and the conduct
of its business.
• See sec. 3 (b) of Merchant Marine Act of June 5, 1920. The first line of this section
originally fixed the commissioners salaries at $7,500.
6
Expenses of
board and its em-
ployees to be
paid.
Rent of offices.
Auditing
accounts.
U. 8. C., Title 46,
sec. 806.
39 Stat. 73.
to board.
The expenses of the board, including necessary ex-
penses for transportation, incurred by the members of
the board or by its employees under its orders, in making
any investigation, or upon official business in any other
place than in the city of Washington, shall be allowed
and paid on the presentation of itemized vouchers there-
for approved by the chairman of the board.
Until otherwise provided by law the board may rent
suitable offices for its use.
The Auditor for the State and Other Departments.
shall receive and examine all accounts of expenditures
of the board.
Section 5 repealed (see sections 1 and 14 of the Mer-
chant Marine Act). It read as follows:
SEC. 5. That the board, with the approval of the President, is
authorized to have constructed and equipped in American shipyards
and navy yards or elsewhere, giving preference, other things being
equal, to domestic yards, or to purchase, lease, or charter, vessels
suitable, as far as the commercial requirements of the marine trade
of the United States may permit, for use as naval auxiliaries or
Army transports, or for other naval or military purposes, and to
make necessary repairs on and alterations of such vessels: Provided,
That neither the board nor any corporation formed under section
eleven in which the United States is then a stockholder shall pur-
chase, lease, or charter any vessel-
(a) Which is then engaged in the foreign or domestic commerce
of the United States, unless it is about to be withdrawn from such
commerce without any intention on the part of the owner to return
it thereto within a reasonable time;
(b) Which is under the registry or flag of a foreign country which
is then engaged in war;
(c) Which is not adapted, or can not by reasonable alterations
and repairs be adapted, to the purposes specified in this section;
(d) Which, upon expert examination made under the direction
of the board, a written report of such examination being filed as
a public record, is not without alteration or repair found to be at
least seventy-five per centum as efficient as at the time it was
originally put in commission as a seaworthy vessel.
SEC. 6. That the President may transfer either perma-
Transfer of War nently or for limited periods to the board such vessels
and Navy vessels belonging to the War or Navy Department as are suit-
able for commercial uses and not required for military
or naval use in time of peace, and cause to be transferred
to the board vessels owned by the Panama Railroad
Company and not required in its business.
Section 7 repealed (see sections 1, 5, 6, and 12 of the
Merchant Marine Act). Section 7 read as follows:
7
SEC. 7. That the board, upon terms and conditions prescribed
by it and approved by the President, may charter, lease, or sell
to any person, a citizen of the United States, any vessel so pur-
chased, constructed, or transferred.
Section 8 repealed (see sections 1, 5, and 6 of the
Merchant Marine Act). It reads as follows:
SEC. 8. That when any vessel purchased or constructed by or
transferred to the board as herein provided, and owned by the
United States, becomes, in the opinion of the board, unfit for the
purposes of this act, it shall be appraised and sold at public or
private competitive sale after due advertisement free from the
conditions and restrictions of this act.
sec. 808.
Vessels acquired
lowed American
rollment.
SEC. 9. That any vessel purchased, chartered, or leased U. 8. C., Title 46,
from the board, by persons who are citizens of the United 39 Stat. 730.
States, may be registered or enrolled and licensed, or from board al-
both registered and enrolled and licensed, as a vessel of registry and en-
the United States and entitled to the benefits and privi-
leges appertaining thereto: Provided, That foreign-built
vessels admitted to American registry or enrollment and vessels acquired
license under this Act, and vessels owned by any corpora- may engage in
tion in which the United States is a stockholder, and coastwise trade.
vessels sold, leased, or chartered by the board to any
person, a citizen of the United States, as provided in this
Act, may engage in the coastwise trade of the United
States while owned, leased, or chartered by such a person.
by or from board
ican documenta-
tion.
Subject to all
Every vessel purchased, chartered, or leased from the May be operated
board shall, unless otherwise authorized by the board, be only under Amer-
operated only under such registry or enrollment and
license. Such vessels while employed solely as merchant laws and liabili
vessels shall be subject to all laws, regulations, and lia-
bilities governing merchant vessels, whether the United
States be interested therein as owner, in whole or in part,
or hold any mortgage, lien, or other interest therein.
ties as private
vessels.
It shall be unlawful to sell, transfer, or mortgage, or, Transfer of ves-
except under regulations prescribed by the board, to sels.
charter, any vessel purchased from the board or docu-
mented under the laws of the United States to any person
not a citizen of the United States, or to put the same
under a foreign registry or flag, without first obtaining
the board's approval.
Any vessel chartered, sold, transferred, or mortgaged Penalty.
to a person not a citizen of the United States or placed
under a foreign registry or flag, or operated, in violation
of any provision of this section shall be forfeited to the
United States, and whoever violates any provision of this
8
section shall be guilty of a misdemeanor and subject to a
fine of not more than $5,000, or to imprisonment for not
more than five years, or both.5
* See sec. 6 of the Merchant Marine Act (p. 34).
By sec. 18 of the Merchant Marine Act of June 5, 1920, sec. 9 of the Shipping Act was
supplanted by the present law. Sec. 9 of the original Shipping Act as amended by the
Act of July 15, 1928, reads as follows:
•
SEC. 9. That any vessel purchased, chartered, or leased from the board may be
registered or enrolled and licensed, or both registered and enrolled and licensed as a
vessel of the United States and entitled to the benefits and privileges appertaining
thereto: Provided, That foreign-built vessels admitted to American registry or enroll-
ment and license under this Act, and vessels owned, chartered, or leased by any cor-
poration in which the United States is a stockholder, and vessels sold, leased, or chartered
to any person a citizen of the United States, as provided in this Act, may engage in the
coast wise trade of the United States while owned, leased, or chartered by such a person.
Every vessel purchased, chartered, or leased from the board, shall, unless otherwise
authorized by the board, be operated only under such registry or enrollment and license.
Such vessels while employed solely as merchant vessels shall be subject to all laws,
regulations, and liabilities governing merchant vessels, whether the United States
be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other
interest therein. No such vessel, without the approval of the board, shall be transferred
to a foreign registry or flag, or sold; nor, except under regulations prescribed by the
board, be chartered or leased.
No vessel documented under the laws of the United States or owned by any person
a citizen of the United States or by a corporation organized under the laws of the United
States or of any State, Territory, District, or possession thereof, except one which the
board is prohibited from purchasing, shall be sold to any person not a citizen of the
United States or transferred to or placed under a foreign registry or flag, unless such
vessel is first tendered to the board at the price in good faith offered by others, or, if
no such offer, at a fair price to be determined in the manner provided in section 10.
Any vessel sold, chartered, leased, transferred to or placed under a foreign registry
or flag, or operated in violation of any provision of this section shall be forfeited to the
United States, and whoever violates any provision of this section shall be guilty of a
misdemeanor and subject to a fine of not more than $5,000 or to imprisonment for not
more than five years, or both.
By the Act of July 15, 1918, sec. 9 of the original Shipping Act was supplanted by the
above section. (See sec. 37.) Sec. 9 of the original Act reads as follows:
SEC. 9. That any vessel purchased, chartered, or leased from the board may be regis-
tered or enrolled and licensed, or both registered or enrolled and licensed, as a vessel
of the United States and entitled to the benefits and privileges appertaining thereto:
Provided, That foreign-built vessels admitted to American registry or enrollment and
license under this Act, and vessels owned, chartered, or leased by any corporation in
which the United States is a stockholder, and vessels sold, leased, or chartered to any
person a citizen of the United States, as provided in this Act, may engage in the coast-
wise trade of the United States.
Every vessel purchased, chartered, or leased from the board shall, unless otherwise
authorized by the board, be operated only under such registry or enrollment and license.
Such vessels while employed solely as merchant vessels shall be subject to all laws,
regulations, and liabilities governing merchant vessels, whether the United States be
interested therein as owner, in whole or in part, or hold any mortgage, lien, or other
interest therein. No such vessel, without the approval of the board, shall be transferred
to a foreign registry or flag, or sold; nor, except under regulations prescribed by the
board, be chartered or leased.
When the United States is at war, or during any national emergency the existence
of which is declared by proclamation of the President [the proclamation by the Presi-
dent of a national emergency as provided herein was made Feb. 5, 1917. The text of
the proclamation is reprinted on p. 27], no vessel registered or enrolled and licensed
under the laws of the United States shall, without the approval of the board, be sold,
leased, or chartered to any person not a citizen of the United States, or transferred to
a foreign registry or flag. No vessel registered or enrolled and licensed under the laws
of the United States, or owned by any person a citizen of the United States, except
one which the board is prohibited from purchasing, shall be sold to any person not a
citizen of the United States or transferred to a foreign registry or flag, unless such vessel
9
sec. 809.
Seizure of vessels
military or naval
Compensation
SEC. 10. That the President, upon giving to the per- U. s. C., Title 46,
son interested such reasonable notice in writing as in his 39 Stat. 731.
judgment the circumstances permit, may take possession, by President for
absolutely or temporarily, for any naval or military pur- use.
pose, of any vessel purchased, leased, or chartered from
the board: Provided, That if, in the judgment of the
President, an emergency exists requiring such action he
may take possession of any such vessel without notice.
Thereafter, upon ascertainment by agreement or other- for vessels so
wise, the United States shall pay the person interested seized.
the fair actual value based upon normal conditions at the
time of taking of the interest of such person in every ves-
sel taken absolutely, or if taken for a limited period, the
fair charter value under normal conditions for such
period. In case of disagreement as to such fair value
it shall be determined by appraisers, one to be appointed
by the board, one by the person interested, and a third
by the two so appointed. The finding of such appraisers.
shall be final and binding upon both parties.
6
sec. 810.
731.
board of $50,-
thorized.
SEC. 11. That the board, if in its judgment such action U.S. C., Title 46,
is necessary to carry out the purposes of this Act, may 39 Station by
form under the laws of the District of Columbia one or 000,000 shipping
more corporations for the purchase, construction, equip- corporation au-
ment, lease, charter, maintenance, and operation of mer-
chant vessels in the commerce of the United States. The
total capital stock thereof shall not exceed $50,000,000.
The board may, for and on behalf of the United States,
subscribe to, purchase, and vote not less than a majority
of the capital stock of any such corporation, and do all
other things in regard thereto necessary to protect the
interests of the United States and to carry out the pur-ted States
poses of this Act. The board, with the approval of the forbidden.
President, may sell any or all of the stock of the United
States in such corporation, but at no time shall it be a Proviso.
minority stockholder therein: Provided, That no cor- ships unless un-
poration in which the United States is a stockholder, or charter them
formed under the authority of this section, shall engage porations.
in the operation of any vessel constructed, purchased,
is first tendered to the board at the price in good faith offered by others, or, if no such
offer, at a fair price to be determined in the manner provided in section 10.
Any vessel sold, chartered, leased, transferred, or operated in violation of this section
shall be forfeited to the United States, and whoever violates any provision of this section
shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or to
imprisonment of not more than five years, or both such fine and imprisonment.
• The United States Shipping Board Emergency Fleet Corporation, capitalized at
$50,000,000, has been incorporated in accordance with this provision. All the stock,
except qualifying shares of trustees, is owned by the Shipping Board.
Sale of stock.
Minority stock
ownership by
Not to operate
able to sell, lease,
to private cor-
10
Must offer its
vessels to private
competition.
leased, chartered, or transferred under the authority of
this Act unless the board shall be unable, after a bona
fide effort, to contract with any person a citizen of the
United States for the purchase, lease, or charter of such
vessel under such terms and conditions as may be pre-
scribed by the board.
The board shall give public notice of the fact that ves-
capital in public sels are offered and the terms and conditions upon which
a contract will be made, and shall invite competitive offer-
ings. In the event the board shall, after full compli-
ance with the terms of this proviso, determine that it is
unable to enter into a contract with such private parties
for the purchase, lease, or charter of such vessel, it shall
Consent of Presi- make a full report to the President, who shall examine
of ships by such such report, and if he shall approve the same he shall
make an order declaring that the conditions have been
found to exist which justify the operation of such vessel.
by a corporation formed under the provisions of this
dent to operation
corporation re-
quired.
Life of corpora-
tions limited.
Disposal of prop-
tion.
section.
At the expiration of five years from the conclusion of
the present European war the operation of vessels on the
part of any such corporation in which the United States
is then a stockholder shall cease and the said corporation
stand dissolved." The date of the conclusion of the war
shall be declared by proclamation of the President. The
vessels and other property of any such corporation shall
erty on dissolu- revert to the board. The board may sell, lease, or char-
ter such vessels as provided in section seven and shall
dispose of the property other than vessels on the best
available terms and, after payment of all debts and obli-
Board to take up gations, deposit the proceeds thereof in the Treasury to
its credit. All stock in such corporations owned by others
than the United States at the time of dissolution shall be
taken over by the board at a fair and reasonable value
and paid for with funds to the credit of the board. In
case of disagreement, such value shall be determined in
the manner provided in section ten.
outstanding
stock.
Compensation
for.
Investigations by
board.
sec. 811.
39 Stat. 732.
SEC. 12. That the board shall investigate the relative
U. S. C., Title 46, COst of building merchant vessels in the United States
and in foreign maritime countries, and the relative cost,
advantages, and disadvantages of operating in the foreign
trade vessels under United States registry and under for-
eign registry. It shall examine the rules under which
Cost of shipbuild-
ing.
7 Sec. 12 of the Merchant Marine Act continues the life of the Emergency Fleet
Corporation until all vessels are sold. (See p. 40.)
11
''tion and classifi-
Marine insur-
Navigation laws.
vessels are constructed abroad and in the United States, Rules of construc-
and the methods of classifying and rating same, and it cation.
shall examine into the subject of marine insurance, the
number of companies in the United States, domestic
and foreign, engaging in marine insurance, the extent of
the insurance on hulls and cargoes placed or written in
the United States, and the extent of reinsurance of Ameri-
can maritime risks in foreign companies, and ascertain ance.
what steps may be necessary to develop an ample marine
insurance system as an aid in the development of an
American merchant marine. It shall examine the navi-
gation laws of the United States and the rules and regu-
lations thereunder, and make such recommendations to
the Congress as it deems proper for the amendment, im-
provement, and revision of such laws, and for the devel-
opment of the American merchant marine. It shall in-
vestigate the legal status of mortgage loans on vessel
property, with a view to means of improving the security
of such loans and of encouraging investment in American
shipping.
Vessel mortgages.
and recommen-
gress.
It shall, on or before the first day of December in each Annual report
year, make a report to the Congress, which shall include dations to Con-
its recommendations and the results of its investigations,
a summary of its transactions, and a statement of all
expenditures and receipts under this act, and of the oper-
ations of any corporation in which the United States is a
stockholder, and the names and compensation of all per-
sons employed by the board.
000,000 of Panama
authorized.
193, 1013.
SEC. 13. That for the purpose of carrying out the pro- Issuance of $50,-
visions of sections five and eleven no liability shall be Canal bonds
incurred exceeding a total of $50,000,000 and the Secre-
tary of the Treasury, upon the request of the board,
approved by the President, shall from time to time issue
and sell or use any of the bonds of the United States now 36 Stat. L., 117,
available in the Treasury under the acts of August fifth,
nineteen hundred and nine, February fourth, nineteen
hundred and ten, and March second, nineteen hundred
and eleven, relating to the issue of bonds for the construc-
tion of the Panama Canal, to a total amount not to exceed
$50,000,000: Provided, That any bonds issued and sold Proviso.
or used under the provisions of this section may be made within 50 years.
payable at such time within fifty years after issue as the
Secretary of the Treasury may fix, instead of fifty years.
after the date of issue, as prescribed in the act of August
fifth, nineteen hundred and nine.
To be payable
12
Funds of board
permanently ap-
propriated.
U. S. C., Title 46,
sec. 812.
39 Stat. 733.
No carrier by
water.
To give de-
ferred rebates.
To use "fighting
ship."
To retaliate
against any
shipper.
To discriminate
unjustly or un-
fairly.
The proceeds of such bonds and the net proceeds of all
sales, charters, and leases of vessels and of sales of stock
made by the board, and all other moneys received by it
from any source, shall be covered into the Treasury to the
credit of the board, and are hereby permanently appro-
priated for the purpose of carrying out the provisions of
sections five and eleven.
SEC. 14. That no common carrier by water shall,
directly or indirectly, in respect to the transportation
by water of passengers or property between a port of a
State, Territory, District, or possession of the United
States and any other such port or a port of a foreign
country-
First. Pay, or allow, or enter into any combination,
agreement, or understanding, express or implied, to pay
or allow, a deferred rebate to any shipper. The term
"deferred rebate" in this Act means a return of any por-
tion of the freight money by a carrier to any shipper as
a consideration for the giving of all or any portion of his
shipments to the same or any other carrier, or for any
other purpose, the payment of which is deferred beyond
the completion of the service for which it is paid, and is
made only if, during both the period for which computed
and the period of deferment, the shipper has complied
with the terms of the rebate agreement or arrangement.
Second. Use a fighting ship either separately or in con-
junction with any other carrier, through agreement or
otherwise. The term "fighting ship" in this Act means
a vessel used in a particular trade by a carrier or group
of carriers for the purpose of excluding, preventing, or
reducing competition by driving another carrier out of
said trade.
Third. Retaliate against any shipper by refusing, or
threatening to refuse, space accommodations when such
are available, or resort to other discriminating or unfair
methods, because such shipper has patronized any other
carrier or has filed a complaint charging unfair treatment,
or for any other reason.
Fourth. Make any unfair or unjustly discriminatory
contract with any shipper based on the volume of freight
offered, or unfairly treat or unjustly discriminate against
any shipper in the matter of (a) cargo space accommoda-
tions or other facilities, due regard being had for the
proper loading of the vessel and the available tonnage;
(b) the loading and landing of freight in proper condition;
or (c) the adjustment and settlement of claims.
13
Any carrier who violates any provision of this section Penalty.
shall be guilty of a misdemeanor punishable by a fine of
not more than $25,000 for each offense.
sec. 813.
ate proceedings
SEC. 14a. The board upon its own initiative may, or U. S. C., Title 46,
upon complaint shall, after due notice to all parties in Board may initi-
interest and hearing, determine whether any person, not a regarding.
citizen of the United States and engaged in transporta-
tion by water of passengers or property-
41 Stat. 993.
Rebates, fighting
ships, retaliation,
unfair contracts.
or Rebates or un'air
in pati ports.
practices between
foreign
be- 39 Stat. 733.
denied entry.
(1) Has violated any provision of section 14, or
(2) Is a party to any combination, agreement,
understanding, express or implied, that involves
respect to transportation of passengers or property
tween foreign ports, deferred rebates or any other unfair
practice designated in section 14, and that excludes from
admission upon equal terms with all other parties thereto,
a common carrier by water which is a citizen of the
United States and which has applied for such admission.
If the board determines that any such person has Vessels may be
violated any such provision or is a party to any such
combination, agreement, or understanding, the board
shall thereupon certify such fact to the Secretary of Com-
merce. The Secretary shall thereafter refuse such person.
the right of entry for any ship owned or operated by him
or by any carrier directly or indirectly controlled by him,
into any port of the United States, or any Territory, Dis-
trict, or possession thereof, until the board certifies that
the violation has ceased or such combination, agreement,
or understanding has been terminated.8
8 Sec. 14 of the original Shipping Act was supplanted by the above provision by sec. 20
of the Merchant Marine Act. It originally read as follows:
SEC. 14. That no common carrier by water shall directly or indirectly-
First. Pay, or allow, or enter into any combination, agreement, or understanding,
express or implied, to pay or allow, a deferred rebate to any shipper. The term "de-
ferred rebate" in this Act means a return of any portion of the freight money by a carrier
to any shipper as a consideration for the giving of all or any portion of his shipment
to the same or any other carrier, or for any other purpose, the payment of which is de-
ferred beyond the completion of the service for which it is paid, and is made only if,
during both the period for which computed and the period of deferment, the shipper
has complied with the terms of the rebate agreement or arrangement.
Second. Use a fighting ship either separately or in conjunction with any other carrier
through agreement or otherwise. The term "fighting ship" in this Act means a vessel
used in a particular trade by a carrier or group of carriers for the purpose of excluding,
preventing, or reducing competition by driving another carrier out of said trade.
Third. Retaliate against any shipper by refusing, or threatening to refuse, space ac-
commodations when such are available, or resort to other discriminating or unfair meth-
ods, because such shipper has patronized any other carrier or has filed a complaint
charging unfair treatment, or for any other reason.
Fourth. Make any unfair or unjustly discriminatory contract with any shipper based
on the volume of freight offered, or unfairly treat or unjustly discriminate against any
shipper in the matter of (a) cargo space accommodations or other facilities, due regard
being had for the proper loading of the vessel and the avilable tonnage; (b) the loading
and landing of freight in proper condition; or (c) the adjustment and settlement of claims.
Any carrier who violates any provision of this section shall be guilty of a misdemeanor
punishable by a fine of not more than $25,000 for each offense.
46209°-29-2
14
U. S. C., Title 46,
sec. 814.
39 Stat. 733.
Agreements.
all to whom this
act applies.
SEC. 15. That every common carrier by water, or other
person subject to this Act, shall file immediately with
the board a true copy, or, if oral, a true and complete
Must be filed by memorandum, of every agreement with another such
carrier or other person subject to this Act, or modifica-
tion or cancellation thereof, to which it may be a party
or conform in whole or in part, fixing or regulating trans-
portation rates or fares; giving or receiving special rates,
accommodations, or other special privileges or advantages;
controlling, regulating, preventing, or destroying com-
petition; pooling or apportioning earnings, losses, or
traffic; alloting ports or restricting or otherwise regulat-
ing the number and character of sailings between ports;
limiting or regulating in any way the volume or character
of freight or passenger traffic to be carried; or in any
Understandings, manner providing for an exclusive, preferential, or co-
other arrange- operative working arrangement. The term "agree-
in term "agreement" in this section includes understandings, confer-
ences, and other arrangements.
conferences, and
ments included
ment.'
""
Board may dis-
approve, cancel,
of modify any
agreement.
The board may by order disapprove, cancel, or mod-
ify any agreement, or any modification or cancellation
thereof, whether or not previously approved by it, that
it finds to be unjustly discriminatory or unfair as between
carriers, shippers, exporters, importers, or ports, or
between exporters from the United States and their
foreign competitors, or to operate to the detriment of the
commerce of the United States, or to be in violation of
Must approve all this Act, and shall approve all other agreements, modi-
fications, or cancellations.
others.
Existing agree-
ments lawful.
Ones approved
by board to be
lawful.
Ones approved
excepted from
antitrust laws.
26 Stat. L. 209.
28 Stat. L. 570.
Agreements existing at the time of the organization of
the board shall be lawful until disapproved by the board.
It shall be unlawful to carry out any agreement or any
portion thereof disapproved by the board.
All agreements, modifications, or cancellations made
after the organization of the board shall be lawful only
when and as long as approved by the board, and before
approval or after disapproval it shall be unlawful to
carry out in whole or in part, directly or indirectly, any
such agreement, modification, or cancellation.
Every agreement, modification, or cancellation lawful
under this section shall be excepted from the provision
of the Act approved July second, eighteen hundred and
ninety, entitled "An Act to protect trade and commerce
against unlawful restraints and monopolies," and amend-
ments and acts supplementary thereto, and the pro-
15
37 Stat. L. 667.
visions of sections seventy-three to seventy-seven, both
inclusive, of the Act approved August twenty-seventh,
eighteen hundred and ninety-four, entitled "An Act to 38 Stat. L. 730.
reduce taxation, to provide revenue for the Government,
and for other purposes," and amendments and acts
supplementary thereto.
ure to file agree-
Whoever violates any provision of this section shall Penalty for fail-
be liable to a penalty of $1,000 for each day such viola- ments.
tion continues, to be recovered by the United States in
a civil action.
39 Stat. 734.
SEC. 16. That it shall be unlawful for any common US. C., Title 46,
carrier by water, or other person subject to this Act, No common car-
either alone or in conjunction with any other person, rier by water.
directly or indirectly-
preference or ad-
First. To make or give any undue or unreasonable To give undue
preference or advantage to any particular person, lo- vantage.
cality, or description of traffic in any respect whatsoever,
or to subject any particular person, locality, or descrip-
tion of traffic to any undue or unreasonable prejudice or
disadvantage in any respect whatsoever.
To use unfair
vices to obtain
Second. To allow any person to obtain transportation means and de-
for property at less than the regular rates then estab- lower rates, etc.
lished and enforced on the line of such carrier, by means
of false billing, false classification, false weighing, false
report of weight, or by any other unjust or unfair device
or means.
To ma-
criminate.
Third. To induce, persuade, or otherwise influence any insurance
marine insurance company or underwriter, or agent companies to dis-
thereof, not to give a competing carrier by water as
favorable a rate of insurance on vessel or cargo, having
due regard to the class of vessel or cargo, as is granted
to such carrier or other person subject to this Act.
sec. 816.
39 Stat. 734.
merce.
SEC. 17. That no common carrier by water in foreign U. S. C., Title 46,
commerce shall demand, charge, or collect any rate, common carriers
fare, or charge which is unjustly discriminatory between in foreign com-
shippers or ports, or unjustly prejudicial to exporters of
the United States as compared with their foreign com-
petitors. Whenever the board finds that any such rate, criminatory rates
fare, or charge is demanded, charged, or collected it may cial to American
alter the same to the extent necessary to correct such exporters.
unjust discrimination or prejudice and make an order
that the carrier shall discontinue demanding, charging,
or collecting any such unjustly discriminatory or preju-
dicial rate, fare, or charge.
Not to charge dis-
or rates
16
Must cbserve
reasonable prac-
tices connected
with handling,
etc., of freight.
U. S. C., Title 46,
sec. 817.
Common carriers
merce:
Must observe
able classifica-
tions, rates, fares,
practices, etc.
Every such carrier and every other person subject to
this act shall establish, observe, and enforce just and
reasonable regulations and practices relating to or con-
nected with the receiving, handling, storing, or delivering
of property. Whenever the board finds that any such
regulation or practice is unjust or unreasonable it may
determine, prescribe, and order enforced a just and
reasonable regulation or practice.
SEC. 18. That every common carrier by water in inter-
39 Stat. 735. state commerce shall establish, observe, and enforce
in interstate com- just and reasonable rates, fares, charges, classifications,
and tariffs, and just and reasonable regulations and prac-
just and reason- tices relating thereto and to the issuance, form, and sub-
stance of tickets, receipts, and bills of lading, the manner
and method of presenting, marking, packing, and de-
livering property for transportation, the carrying of
personal, sample, and excess baggage, the facilities for
transportation, and all other matters relating to or con-
nected with the receiving, handling, transporting, storing,
er delivering of property.
Maximum rates,
fares, etc., to be
filed with board
public.
Every such carrier shall file with the board and keep
and kept open to open to public inspection, in the form and manner and
within the time prescribed by the board, the maximum
rates, fares, and charges for or in connection with trans-
portation between points on its own route; and if a
through route has been established, the maximum rates,
fares, and charges for or in connection with transporta-
tion between points on its own route and points on the
route of any other carrier by water.
Not to charge
higher rates than
those filed.
Board may pre-
scribe reasonable
etc.
No such carrier shall demand, charge, or collect a
greater compensation for such transportation than the
rates, fares, and charges filed in compliance with this
section, except with the approval of the board and after
ten days' public notice in the form and manner pre-
scribed by the board, stating the increase proposed to
be made; but the board for good cause shown may waive
such notice.
Whenever the board finds that any rate, fare, charge,
maximum rates, classification, tariff, regulation, or practice, demanded,
charged, collected, or observed by such carrier is unjust
or unreasonable, it may determine, prescribe, and order
enforced a just and reasonable maximum rate, fare, or
charge, or a just and reasonable classification, tariff,
regulation, or practice.
17
sec. 818.
Restriction on
reduced to drive
sec. 819.
39 Stat. 735.
SEC. 19. That whenever a common carrier by water in U. S. C., Title 46,
interstate commerce reduces its rates on the carriage of 39 Stat. 735.
any species of freight to or from competitive points below increase of rates
a fair and remunerative basis with the intent of driving out competitor.
out or otherwise injuring a competitive carrier by water,
it shall not increase such rates unless after hearing the
board finds that such proposed increase rests upon changed
conditions other than the elimination of said competition.
SEC. 20. That it shall be unlawful for any common U. S. C., Title 46,
carrier by water or other person subject to this Act, or
any officer, receiver, trustee, lessee, agent, or employee
of such carrier or person, or for any other person author-
ized by such carrier or person to receive information,
knowingly to disclose to or permit to be acquired by
any person other than the shipper or consignee, without
the consent of such shipper or consignee, any informa- Information
tion concerning the nature, kind, quantity, destination, shipper or con-
consignee, or routing of any property tendered or deliv-disclosed, solic-
ered to such common carrier or other person subject to
this act for transportation in interstate or foreign com-
merce, which information may be used to the detriment
or prejudice of such shipper or consignee, or which may
improperly disclose his business transactions to a com-
petitor, or which may be used to the detriment or preju-
dice of any carrier; and it shall also be unlawful for any
person to solicit or knowingly receive any such infor-
mation which may be so used.
detrimental to
signee not to be
ited, etc.
mation on legal
Nothing in this Act shall be construed to prevent the Giving of infor-
giving of such information in response to any legal process, etc.
process issued under the authority of any court, or to
any officer or agent of the Government of the United
States, or of any State, Territory, District, or possession
thereof, in the exercise of his powers, or to any officer or
other duly authorized person seeking such information
for the prosecution of persons charged with or suspected
of crime, or to another carrier, or its duly authorized
agent, for the purpose of adjusting mutual traffic ac-traffic accounts,
counts in the ordinary course of business of such carriers. etc.
SEC. 21. That the board may require any common records, rates,
carrier by water, or other person subject to this Act, or quired of any per-
any officer, receiver, trustee, lessee, agent, or employee act.
thereof, to file with it any periodical or special report, sec. $20.
or any account, record, rate, or charge, or any memoran-
dum of any facts and transactions appertaining to the
business of such carrier or other person subject to this
In adjusting
Filing of reports,
etc., may be re-
son subject to the
U. S. C., Title 46,
39 Stat. 736.
18
ure to file.
Act.
Such report, account, record, rate, charge, or
memorandum shall be under oath whenever the board
so requires, and shall be furnished in the form and
Penalty for fail within the time prescribed by the board. Whoever fails to
file any report, account, record, rate, charge, or memoran-
dum as required by this section shall forfeit to the
United States the sum of $100 for each day of such de-
fault.
Penalty for filing
false reports, etc.
U. S. C., Title 46,
sec. 821.
violation may be
filed by any
person.
39 Stat. 736.
Whoever willfully falsifies, destroys, mutilates, or
alters any such report, account, record, rate, charge, or
memorandum, or willfully files a false report, account,
record, rate, charge, or memorandum shall be guilty of
a misdemeanor, and subject upon conviction to a fine of
not more than $1,000, or imprisonment for not more than
one year, or to both such fine and imprisonment.
SEC. 22. That any person may file with the board a
Complaint of any sworn complaint setting forth any violation of this Act
by a common carrier by water, or other person subject
to this Act, and asking reparation for the injury, if any,
caused thereby. The board shall furnish a copy of the
complaint to such carrier or other person, who shall
within a reasonable time specified by the board satisfy
the complaint or answer it in writing. If the complaint
is not satisfied the board shall, except as otherwise
provided in this Act, investigate it in such manner and
by such means, and make such order as it deems proper.
The board, if the complaint is filed within two years
after the cause of action accrued, may direct the pay-
ment, on or before a day named, of full reparation to
the complainant for the injury caused by such violation.
Remedy for
violations.
Investigations by
board on own
motion.
U. S. C., Title 46,
sec. 822.
The board, upon its own motion, may in like manner
and, except as to orders for the payment of money, with
the same powers, investigate any violation of this Act.
SEC. 23. Orders of the board relating to any violation
Orders of board. of this Act shall be made only after full hearing, and
upon a sworn complaint or in proceedings instituted of
its own motion.
39 Stat. 736.
All orders of the board other than for the payment
of money made under this Act shall continue in force
for such time, not exceeding two years, as shall be
prescribed therein by the board, unless suspended,
modified, or set aside by the board or any court of
competent jurisdiction.
19
sec. 823.
of hearings to be
'39 Stat. 736.
SEC. 24. That the board shall enter of record a written U. S. C., Title 46,
report of every investigation made under this Act in Written reports
which a hearing has been held, stating its conclusions, kept.
decision, and order, and, if reparation is awarded, the
findings of fact on which the award is made, and shall
furnish a copy of such report to all parties to the in-
vestigation.
Such reports as
The board may publish such reports in the form best evidence.
adapted for public information and use, and such author-
ized publications shall, without further proof or authen-
tication, be competent evidence of such reports in all
courts of the United States and of the States, Territories,
Districts, and possessions thereof.
U. S. C., Title 46,
Board may re-
etc., orders and
grant rehearings.
39 Stat. 736.
SEC. 25. That the board may reverse, suspend, or sec. 824.
modify, upon such notice and in such manner as it verse, modify,
deems proper, any order made by it. Upon application
of any party to a decision or order it may grant a re-
hearing of the same or any matter determined therein,
but no such application for or allowance of a rehearing
shall, except by special order of the board, operate as a
stay of such order.
U. S. C., Title 48,
sec. 825.
Investigation of
discriminations
ernments against
SEC. 26. The board shall have power, and it shall be its
duty whenever complaint shall be made to it, to investi- 39 Stat. 737.
gate the action of any foreign Government with respect by foreign Gov-
to the privileges afforded and burdens imposed upon American ves-
vessels of the United States engaged in foreign trade sels.
whenever it shall appear that the laws, regulations, or
practices of any foreign Government operate in such a
manner that vessels of the United States are not accorded
equal privileges in foreign trade with vessels of such for-
eign countries or vessels of other foreign countries, either
in trade to or from the ports of such foreign country or in
respect of the passage or transportation through such for-
eign country of passengers or goods intended for shipment
or transportation in such vessels of the United States,
either to or from ports of such foreign country or to or
from ports of other foreign countries. It shall be the
duty of the board to report the results of its investigation Board to report
to the President with its recommendations and the Presi- dent.
dent is hereby authorized and empowered to secure by
diplomatic action equal privileges for vessels of the United
States engaged in such foreign trade. And if by such President to se-
diplomatic action the President shall be unable to secure leges for Ameri-
such equal privileges, then the President shall advise
Congress as to the facts and his conclusions by a special
on such to Presi-
cure equal privi-
can vessels.
20
U. S. C., Title 46,
sec. 826.
39 Stat. 737.
message, if deemed important in the public interest, in
order that proper action may be taken thereon.
SEC. 27. That for the purpose of investigating alleged
violations of this Act, the board may by subpoena compel
poena witnesses the attendance of witnesses and the production of books,
Power to sub-
etc.
subpœnas.
papers, documents, and other evidence from any place in
the United States at any designated place of hearing.
Subpoenas may be signed by any commissioner, and oaths
or affirmations may be administered, witnesses examined,
and evidence received by any commissioner or examiner,
or, under the direction of the board, by any person
authorized under the laws of the United States or of any
State, Territory, District, or possession thereof to admin-
ister oaths. Persons so acting under the direction of the
Fees of witnesses board and witnesses shall, unless employees of the board,
Enforcement of be entitled to the same fees and mileage as in the courts
of the United States. Obedience to any such subpoena
shall, on application by the board, be enforced as are
orders of the board other than for the payment of money.
SEC. 28. That no person shall be excused on the ground
that it may tend to incriminate him or subject him to a
penalty or forfeiture, from attending and testifying, or
producing books, papers, documents, and other evidence,
in obedience to the subpoena of the board or of any court
in any proceeding based upon or growing out of any
But no witness to alleged violation of this Act; but no natural person shall
be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter, or thing as
to which, in obedience to a subpoena and under oath, he
may so testify or produce evidence, except that no person
shall be exempt from prosecution and punishment for
perjury committed in so testifying.
U. S. C., Title 46,
sec. 827.
39 Stat. 737.
Giving of self-
incriminating
evidence by wit-
nesses may be
enforced.
be prosecuted on
such evidence.
U. S. C., Title 46
sec. 829.
39 Stat. 737.
orders.
Where suits to be
filed.
SEC. 29. That in case of violation of any order of the
Enforcement of board, other than an order for the payment of money,
the board, or any party injured by such violation, or the
Attorney General, may apply to a district court having
for payment of jurisdiction of the parties; and if, after hearing, the court
determines that the order was regularly made and duly
issued, it shall enforce obedience thereto by a writ o in-
junction or other proper process, mandatory or otherwise.
(a) Other than
money.
(b) For payment
of money.
SEC. 30. That in case of violation of any order of the
board for the payment of money the person to whom such
award was made may file in the district court for the dis-
trict in which such person resides, or in which is located
any office of the carrier or other person to whom the order
21
was directed, or in which is located any point of call on a
regular route operated by the carrier, or in any court of
general jurisdiction of a State, Territory, District, or pos-
session of the United States having jurisdiction of the
parties, a petition or suit setting forth briefly the causes
for which he claims damages and the order of the board
in the premises.
orders of board
Costs and attor-
In the district court the findings and order of the board Findings and
shall be prima facie evidence of the facts therein stated, as evidence.
and the petitioner shall not be liable for costs, nor shall
he be liable for costs at any subsequent stage of the pro-noises.
ceedings unless they accrue upon his appeal. If a peti-
tioner in a district court finally prevails, he shall be
allowed a reasonable attorney's fee, to be taxed and
collected as part of the costs of the suit.
permitted.
All parties in whose favor the board has made an award Joinder of parties
of reparation by a single order may be joined as plaintiffs,
and all other parties to such order may be joined as de-
fendants, in a single suit in any district in which any one Service of process.
such plaintiff could maintain a suit against any one such
defendant. Service of process against any such defend-
ant and not found in that district may be made in any
district in which is located any office of, or point of call
on a regular route operated by, such defendant. Judg-
ment may be entered in favor of any plaintiff against
the defendant liable to that plaintiff.
suits.
No petition or suit for the enforcement of an order for Time for filing of
the payment of moneys shall be maintained unless filed
within one year from the date of the order.
U. S. C., Title 46,
sec. 830.
Venue and pro-
39 Stat. 738.
SEC. 31. That the venue and procedure in the courts
of the United States in suits brought to enforce, suspend, cedure.
or set aside, in whole or in part, any order of the board
shall, except as herein otherwise provided, be the same as
in similar suits in regard to orders of the Interstate Com-
merce Commission, but such suits may also be maintained
in any district court having jurisdiction of the parties.
SEC. 32. That whoever violates any provision of this
Act, except where a different penalty is provided, shall be
guilty of a misdemeanor, punishable by fine not to exceed provision.
$5,000.
•
sec. 831.
S., Title 46,
General penalty
U. S. C., Title 46,
sec. 832.
39 Stat. 738.
SEC. 33. That this Act shall not be construed to affect
the power or jurisdiction of the Interstate Commerce Jurisdiction of
Commission, nor to confer upon the board concurrent
power or jurisdiction over any matter within the power encroached upon,
Interstate Com-
merce Commis-
sion not to be
22
sec. 833.
39 Stat. 738.
Effect of deci-
tionality.
or jurisdiction of such commission; nor shall this Act be
construed to apply to intrastate commerce.
U. S. C., Title 46, SEC. 34. That if any provision of this Act, or the ap-
plication of such provision to certain circumstances, is
sions on constitu- held unconstitutional, the remainder of the Act, and the
application of such provision to circumstances other than
those as to which it is held unconstitutional, shall not be
affected thereby.
Initial appropria-
tion.
U. S. C., Title 46,
sec. 834.
39 Stat. 738.
Clearance may be
denied vessel for
refusal to take
cargo offered by
citizen of United
States.
U. S. C., Title 46,
sec. 835.
39 Stat. 728.
During war or
emergency.
No vessel to be
transferred to for-
eign registry.
SEC. 35. That for the fiscal year ending June thirtieth,
nineteen hundred and seventeen, the sum of $100,000 is
hereby appropriated, out of any moneys in the Treasury
of the United States not otherwise appropriated, for the
purpose of defraying the expenses of the establishment
and maintenance of the board, including the payment of
salaries herein authorized.
SEC. 36. The Secretary of the Treasury is authorized
to refuse a clearance to any vessel or other vehicle laden
with merchandise destined for a foreign or domestic
port whenever he shall have satisfactory reason to believe
that the master, owner, or other officer of such vessel or
other vehicle refuses or declines to accept or receive
freight or cargo in good condition tendered for such port.
of destination or for some intermediate port of call,
together with the proper freight or transportation
charges therefor, by any citizen of the United States,
unless the same is fully laden and has no space accommo-
dations for the freight or cargo so tendered, due regard
being had for the proper loading of such vessel or
vehicle, or unless such freight or cargo consists of mer-
chandise for which such vessel or vehicle is not adaptable.
SEC. 37.9 That when the United States is at war or
during any national emergency, the existence of which is
declared by proclamation of the President, 10 it shall be
unlawful, without first obtaining the approval of the
board:
(a) To transfer to or place under any foreign registry
or flag any vessel owned in whole or in part by any per-
son a citizen of the United States or by corporation
organized under the laws of the United States, or of any
State, Territory, District, or possession thereof; or
• Secs. 37 to 44, inclusive, were added by sec. 4 of the Act of July 15, 1918, 40 Stat. L.
900 (Public, No. 198, 65th Cong.), commencing as follows: "That said Act is hereby
amended by adding at the end thereof eight sections as follows: '
10 The proclamation by the President of a national emergency as provided herein was
made Aug. 7, 1918. See p. 28. See, also, sec. 9 of the original Shipping Act and procla-
mation thereunder, pp. 10, 27.
23
yard, etc., to be
' to foreigner.
(b) To sell, mortgage, lease, charter, deliver, or in any No vessel, ship-
manner transfer, or agree to sell, mortgage, lease, charter, sold, mortgaged,
deliver, or in any manner transfer, to any person not a
citizen of the United States, (1) any such vessel or any
interest therein, or (2) any vessel documented under the
laws of the United States, or any interest therein, or (3)
any shipyard, dry dock, ship-building or ship-repairing
plant or facilities, or any interest therein; or
construct for for-
(c) To enter into any contract, agreement, or under- No contract to
standing to construct a vessel within the United States eign account.
for or to be delivered to any person not a citizen of the
United States, without expressly stipulating that such
construction shall not begin until after the war or emer-
gency proclaimed by the President has ended; or
vest control in
(d) To make any agreement or effect any understand- No agreement to
ing whereby there is vested in or for the benefit of any foreigners.
person not a citizen of the United States, the controlling
interest or a majority of the voting power in a corporation.
which is organized under the laws of the United States,
or of any State, Territory, District, or possession thereof,
and which owns any vessel, shipyard, dry dock, or ship-
building or ship-repairing plant or facilities; or
built vessels to
umented.
(e) To cause or procure any vessel constructed in No American-
whole or in part within the United States, which has depart until doc-
never cleared for any foreign port, to depart from a port
of the United States before it has been documented under
the laws of the United States.
Whoever violates, or attempts or conspires to violate, Penalty.
any of the provisions of this section shall be guilty of a
misdemeanor, punishable by a fine of not more than
$5,000 or by imprisonment for not more than five years,
or both.
Any vessel, shipyard, dry dock, ship-building or ship-
repairing plant or facilities, or interest therein, sold,
mortgaged, leased, chartered, delivered, transferred, or
documented, or agreed to be sold, mortgaged, leased,
chartered, delivered, transferred, or documented, in vio-
lation of any of the provisions of this section, and any
stocks, bonds, or other securities sold or transferred, or
agreed to be sold or transferred, in violation of any of
such provisions, or any vessel departing in violation of the
provisions of subdivision (e), shall be forfeited to the
United States.
24
U. S. C., Title 46,
sec. 836.
39 Stat. 728.
Forfeiture.
Contracts and
agreements in
violation of sec-
tion void.
Consideration
may be recov-
ered.
U. S. C., Title 46,
sec. 837.
39 Stat. 728.
Prosecutions of
forfeitures.
Transferee must
file declaration
as to citizenship,
etc., with collec-
tor of customs.
Penalty for false
statement.
Any such sale, mortgage, lease, charter, delivery, trans-
fer, documentation, or agreement therefor shall be void,
whether made within or without the United States, and
any consideration paid therefor or deposited in connec-
tion therewith shall be recoverable at the suit of the person
who has paid or deposited the same, or of his successors.
or assigns, after the tender of such vessel, shipyard, dry
dock, ship-building or ship-repairing plant or facilities, or
interest therein, or of such stocks, bonds, or other secur-
ities, to the person entitled thereto, or after forfeiture
thereof to the United States, unless the person to whom
the consideration was paid, or in whose interest it was
deposited, entered into the transaction in the honest
belief that the person who paid or deposited such con-
sideration was a citizen of the United States.
SEC. 38. That all forfeitures incurred under the pro-
visions of this Act may be prosecuted in the same court,
and may be disposed of in the same manner, as forfeitures.
incurred for offenses against the law relating to the col-
lection of duties.
SEC. 39. That in any action or proceeding under the
provisions of this Act to enforce a forfeiture the convic-
tion in a court of criminal jurisdiction of any person for
a violation thereof with respect to the subject of the for-
feiture shall constitute prima facie evidence of such viola-
tion against the person so convicted.
SEC. 40. That whenever any bill of sale, mortgage,
hypothecation, or conveyance of any vessel, or part
thereof, or interest therein, is presented to any collector
of the customs to be recorded, the vendee, mortgagee,
or transferee shall file therewith a written declaration in
such form as the board may by regulation prescribe,
setting forth the facts relating to his citizenship, and
such other facts as the board requires, showing that the
transaction does not involve a violation of any of the
provisions of section nine or thirty-seven. Unless the
board, before such presentation, has failed to prescribe
such form, no such bill of sale, mortgage, hypotheca-
tion, or conveyance shall be valid against any person
whatsoever until such declaration has been filed.
declaration filed by or in behalf of a corporation shall be
signed by the president, secretary, or treasurer thereof.
Whoever knowingly makes any false statement of a
material fact in any such declaration shall be guilty of
a misdemeanor and subject to a fine of not more than
Any
25
$5,000, or to imprisonment for not more than five years,
or both.
sec. 839.
Board may
actions condi-
SEC. 41. That whenever by said section nine or thirty- U. S. C., Title 46,
seven the approval of the board is required to render any 39 Stat. 728.
act or transaction lawful, such approval may be accorded approve trans-
either absolutely or upon such conditions as the board tionally.
prescribes. Whenever the approval of the board is
accorded upon any condition a statement of such con-
dition shall be entered upon its records and incorporated
in the same document or paper which notifies the appli-
cant of such approval. A violation of such condition so Penalty for
incorporated shall constitute a misdemeanor and shall be ditions.
punishable by fine and imprisonment in the same manner,
and shall subject the vessel, stocks, bonds, or other
subject matter of the application conditionally approved
to forfeiture in the same manner, as though the Act
conditionally approved had been done without the
approval of the board, but the offense shall be deemed to
have been committed at the time of the violation of the
condition.
breach of con-
Whenever by this Act the approval of the board is
required to render any act or transaction lawful, whoever
knowingly makes any false statement of a material fact
to the board, or to any member thereof, or to any officer,
attorney, or agent thereof, for the purpose of securing Penalty for mak-
such approval, shall be guilty of a misdemeanor and ment of fact to
subject to a fine of not more than $5,000, or to imprison- approval.
ment for not more than five years, or both.
ing false state-
secure board's
Sec. 840.
Vessels to be con-
mented until
ment, or license is
SEC. 42. That any vessel registered, enrolled, or licensed U.S. C., Title 46,
under the laws of the United States shall be deemed to 39 Stat. 728.
continue to be documented under the laws of the United sidered docu-
States within the meaning of subdivision (b) of section registry, enroll-
thirty-seven, until such registry, enrollment, or license canceled by
is surrendered with the approval of the board, the provi-
sions of any other Act of Congress to the contrary not-
withstanding.
board.
U.S. C., Title 46,
by President to issue
SEC. 43. That the fact that a war or emergency has
ended shall, for the purposes of this Act, be evidenced
a proclamation of the President.
SEC. 44. That this Act may be cited as "Shipping
Act, 1916."
sec. 841.
39 Stat. 729.
proclamation
when emergency
ends.
"Title of Act."
26
[Emergency in Water Transportation of the United States]
BY THE PREsident of THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas, Congress did by "An Act to establish a
United States Shipping Board for the purpose of encour-
aging, developing, and creating a naval auxiliary and
naval reserve and a merchant marine to meet the re-
quirements of the commerce of the United States with
its Territories and possessions and with foreign countries;
to regulate carriers by water engaged in the foreign and
interstate commerce of the United States; and for other
purposes, approved September 7, 1916, provide that
"during any national emergency the existence of which
is declared by proclamation of the President, no vessel
registered or enrolled and licensed under the laws of the
United States shall, without the approval of the board,
be sold, leased, or chartered to any person not a citizen
of the United States, or transferred to a foreign registry
or flag";
""
11
And whereas, many shipowners of the United States
are permitting their ships to pass to alien registers and to
foreign trades in which we do not participate, and from
which they can not be bought back to serve the needs
of our water-borne commerce without the permission of
governments of foreign nations;
Now, therefore, I, WOODROW WILSON, President of
the United States of America, acting under and by
virtue of the authority conferred in me by said Act of
Congress, do hereby declare and proclaim that I have
found that there exists a national emergency arising
from the insufficiency of maritime tonnage to carry the
products of the farms, forests, mines and manufacturing
industries of the United States to their consumers abroad
and within the United States, and I do hereby admonish
all citizens of the United States and every person to
abstain from every violation of the provisions of said
Act of Congress, and I do hereby warn them that all
violations of such provisions will be vigorously prose-
cuted, and I do hereby enjoin upon all officers of the
United States, charged with the execution of the laws
thereof, the utmost diligence in preventing violations of
11 This section of the Shipping Act was amended by the Act of July 15, 1918. See sec.
87 of Shipping Act and proclamation thereunder (pp. 22, 27).
27
said Act, and this my proclamation issued thereunder,
and in bringing to trial and punishment any offenders
against the same.
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 5th day of Febru-
ary in the year of our Lord one thousand nine hundred
and seventeen and of the Independence of the United
States of America the one hundred and forty-first.
WOODROW WILSON.
[SEAL.]
By the President:
ROBERT LANSING,
Secretary of State.
[Terms of the Shipping Act as amended by Act of July 15, 1918, declared to be in force]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas, an Act of Congress, entitled "Shipping Act,
1916," approved September 7, 1916,12 as amended by an
Act of Congress entitled "An Act to amend the Act ap-
proved September seventh, nineteen hundred and sixteen,
entitled, 'An Act to establish a United States Shipping
Board for the purpose of encouraging, developing, and
creating a naval auxiliary and naval reserve and a mer-
chant marine to meet the requirements of the commerce
of the United States with its Territories and possessions
and with foreign countries; to regulate carriers by water
in the foreign and interstate commerce of the United
States; and for other purposes,' approved July 15,
1918, contains the following provisions:
"SEC. 37. That when the United States is at war or
during any national emergency, the existence of which is
declared by proclamation of the President, it shall be
unlawful, without first obtaining the approval of the
board:
"(a) To transfer or to place under any foreign registry
or flag any vessel owned in whole or in part by any person
a citizen of the United States or by a corporation organ-
ized under the laws of the United States, or of any State,
Territory, District, or possession thereof; or
12 See sec. 9 of the Shipping Act and proclamation thereunder (pp. 7, 28).
28
"(b) To sell, mortgage, lease, charter, deliver, or in any
manner transfer, or agree to sell, mortgage, lease, charter,
deliver, or in any manner transfer, to any person not a
citizen of the United States, (1) any such vessel or any
interest therein, or (2) any vessel documented under the
laws of the United States, or any interest therein, or (3)
any shipyard, dry dock, shipbuilding or ship repairing
plant or facilities, or any interest therein; or
"(c) To enter into any contract, agreement, or under-
standing to construct a vessel within the United States
for or to be delivered to any person not a citizen of the
United States, without expressly stipulating that such
construction shall not begin until after the war or emer-
gency proclaimed by the President has ended; or
"(d) To make any agreement or effect any understand-
ing whereby there is vested in or for the benefit of any
person not a citizen of the United States, the controlling
interest or a majority of the voting power in a corporation.
which is organized under the laws of the United States, or
of any State, Territory, District or possession thereof,
and which owns any vessel, shipyard, dry dock, or ship-
building or ship-repairing plant or facilities; or
"(e) To cause or procure any vessel constructed in
whole or in part within the United States, which has never
cleared for any foreign port, to depart from a port of the
United States before it has been documented under the
laws of the United States."
And whereas the destruction of maritime tonnage dur-
ing the present war has rendered it imperative that the
American merchant marine be retained under American
control, and free from alien influence,
Now, therefore, I, WOODROW WILSON, President of the
United States of America, acting under authority con-
ferred in me by said Act, do hereby proclaim that a state
of war and a national emergency within the meaning of
said Act do now exist, and I do hereby enjoin all persons
from doing any of the things in said Act declared to be
unlawful.
For the purposes of said Act of Congress, the national
emergency herein proclaimed shall be deemed to continue
until its termination has been evidenced by a proclama-
tion of the President.
In witness whereof, I have hereunto set my hand and
caused the seal of the United States to be affixed.
29
Done in the District of Columbia this 7th day of
August in the year of our Lord one thousand nine hun-
dred and eighteen, and of the Independence of the United
States of America the one hundred and forty-third.
WOODROW WILSON.
[SEAL.
By the President:
FRANK L. POLK,
Acting Secretary of State.
46209°29-3
June 5, 1920.
(H. R. 10378.)
Public, No. 261,
66th Cong., 2d
sess.
U. S. C., Title 46,
sec. 861.
41 Stat. 988.
Declaration of
policy.
U. S. C., Title 46,
sec. 862.
Emergency ship
ping legislation
repealed.
Emergency Ship-
ping Act as
amended.
MERCHANT MARINE ACT, 1920
An Act To provide for the promotion and maintenance of the
American merchant marine, to repeal certain emergency legisla-
tion, and provide for the disposition, regulation, and use of
property acquired thereunder, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That it is necessary for the national defense and for the
proper growth of its foreign and domestic commerce that
the United States shall have a merchant marine of the
best equipped and most suitable types of vessels suffi-
cient to carry the greater portion of its commerce and
serve as a naval or military auxiliary in time of war or
national emergency, ultimately to be owned and operated
privately by citizens of the United States;¹ and it is hereby
declared to be the policy of the United States to do what-
ever may be necessary to develop and encourage the
maintenance of such a merchant marine, and, in so
far as may not be inconsistent with the express provi-
sions of this Act, the United States Shipping Board shall,
in the disposition of vessels and shipping property as
hereinafter provided, in the making of rules and regu-
lations, and in the administration of the shipping laws
keep always in view this purpose and object as the pri-
mary end to be obtained.
SEC. 2. (a) That the following Acts and parts of Acts
are hereby repealed, subject to the limitations and ex-
ceptions hereinafter, in this Act, provided:
(1) The emergency shipping fund provisions of the Act
entitled "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 30, 1917, and for other pur-
poses," approved June 15, 1917, as amended by the Act
entitled "An Act to amend the emergency shipping fund
provisions of the Urgent Deficiency Appropriation Act,
approved June 15, 1917, so as to empower the President
and his designated agents to take over certain transpor-
tation systems for the transportation of shipyard and
plant employees, and for other purposes," approved
April 22, 1918, and as further amended by the Act enti-
tled "An Act making appropriation to supply deficiencies
in appropriations for the fiscal year ending June 30, 1919,
and prior fiscal years, on account of war expenses, and
for other purposes," approved November 4, 1918;
1 This policy was confirmed and reaffirmed by the Merchant Marine Act of 1928,
(30)
31
(2) Section 3 of such Act of April 22, 1918;
(3) The paragraphs numbered 2 and 3 under the
heading "Emergency shipping fund" in such Act of
November 4, 1918; and
Act.
(4) The Act entitled "An Act to confer on the Presi- Rate Emergency
dent power to prescribe charter rates and freight rates.
and to requisition vessels, and for other purposes,"
approved July 18, 1918.
(5) Sections 5, 7, and 8, Shipping Act, 1916.
Secs. 5, 7, 8, Ship-
ping Act.
(b) The repeal of such Acts or parts of Acts is subject imitations.
to the following limitations:
fulfilled.
(1) All contracts or agreements lawfully entered into Contracts to be
before the passage of this Act under any such Act or
part of Act shall be assumed and carried out by the
United States Shipping Board, hereinafter called "the "Board."
board."
unaffected.
(2) All rights, interests, or remedies accruing or to Vested rights
accrue as a result of any such contract or agreement or
of any action taken in pursuance of any such Act or
parts of Acts shall be in all respects as valid, and may be
exercised and enforced in like manner, subject to the
provisions of subdivision (c) of this section, as if this Act
had not been passed.
extinguished.
(3) The repeal shall not have the effect of extinguish- Penalties not
ing any penalty incurred under such Acts or parts of
Acts, but such Acts or parts of Acts shall remain in force
for the purpose of sustaining a prosecution for enforce-
ment of the penalty therein provided for the violation
thereof.
work may be
(4) The board shall have full power and authority to Construction
complete or conclude any construction work begun in completed.
accordance with the provisions of such Acts or parts of
Acts if, in the opinion of the board, the completion or
conclusion thereof is for the best interests of the United
States.
claims.
(c) As soon as practicable after the passage of this Settlement of
Act the board shall adjust, settle, and liquidate all matters
arising out of or incident to the exercise by or through
the President of any of the powers or duties conferred or
imposed upon the President by any such Act or parts of
Acts; and for this purpose the board, instead of the
President, shall have and exercise any of such powers and
duties relating to the determination and payment of just Just compensa-
compensation: Provided, That any person dissatisfied
with any decision of the board shall have the same right
to sue the United States as he would have had if the Right to sue
decision had been made by the President of the United unaffected.
States under the Acts hereby repealed.
SEC. 3. (a) That section 3 of the "Shipping Act, 1916,"
is amended to read as follows:
tion by board.
United States
sec. 842.
"SEC. 3. That a board is hereby created to be known U. S. C., Title 46,
as the United States Shipping Board and hereinafter Board increased
referred to as the board. The board shall be composed to 7 commission-
ers.
•
32
appointed by
President.
Chairman.
Vice chairman.
Terms of com-
missioners.
Commissioners of seven commissioners, to be appointed by the President,
by and with the advice and consent of the Senate; and
the President shall designate the member to act as chair-
man of the board, and the board may elect one of its
members as vice chairman. Such commissioners shall
be appointed as soon as practicable after the enactment
of this Act and shall continue in office two for a term of
one year, and the remaining five for terms of two, three,
four, five, and six years, respectively, from the date of
their appointment, the term of each to be designated by
the President, but their successors shall be appointed for
terms of six years, except that any person chosen to fill
a vacancy shall be appointed only for the unexpired term
of the commissioner whom he succeeds.
Vacancies.
Qualifications.
Board to be non-
political.
Vacancies.
Commissioners
not to handle
matters in which
personally
interested.
Entire time to
office.
Commissioners
to have no rela-
tions with per-
sons subject to
act.
Duties may be
divided.
Removal.
Vacancies.
Seal.
Rules and regula-
tions.
Attorneys.
"The commissioners shall be appointed with due re-
gard to their fitness for the efficient discharge of the
duties imposed on them by this Act, and two shall be
appointed from the States touching the Pacific Ocean,
two from the States touching the Atlantic Ocean, one
from the States touching the Gulf of Mexico, one from
the States touching the Great Lakes, and one from the
interior, but not more than one shall be appointed from
the same State. Not more than four of the commis-
sioners shall be appointed from the same political party.
A vacancy in the board shall be filled in the same manner
as the original appointments. No commissioner shall
take any part in the consideration or decision of any
claim or particular controversy in which he has a pecu-
niary interest.
66
Each commissioner shall devote his time to the duties
of his office, and shall not be in the employ of or hold any
official relation to any common carrier or other person
subject to this Act, nor while holding such office acquire
any stock or bonds thereof or become pecuniarily inter-
ested in any such carrier.
"The duties of the board may be so divided that under
its supervision the directorship of various activities may
be assigned to one or more commissioners. Any com-
missioner may be removed by the President for ineffi-
ciency, neglect of duty, or malfeasance in office.
A va-
cancy in the board shall not impair the right of the
remaining members of the board to exercise all its
powers. The board shall have an official seal, which
shall be judicially noticed.
"The board may adopt rules and regulations in regard
to its procedure and the conduct of its business. The
board may employ within the limits of appropriations.
made therefor by Congress such attorneys as it finds
Conduct of litiga- necessary for proper legal service to the board in the con-
duct of its work, or for proper representation of the public
interest in investigations made by it or proceedings pend-
ing before it whether at the board's own instance or upon
complaint, or to appear for or represent the board in any
tion.
33
-
shipping act
board.
case in court or other tribunal. The board shall have Duties under
such other rights and perform such other duties not in- conferred on new
consistent with the merchant marine act, 1920, as are
conferred by existing law upon the board in existence at
the time this section as amended takes effect.
to hold over until
"The commissioners in office at the time this section Commissioners
as amended takes effect shall hold office until all the com- new commission-
missioners provided for in this section as amended are ers appointed.
appointed and qualify."
(b) The first sentence of section 4 of the "shipping
act, 1916," is amended to read as follows:
Salary of com-
"SEC. 4. That each member of the board shall receive missioners.
a salary of $12,000 per annum.'
property acquired
dent turned over
to board.
sec. 863.
SEC. 4. That all vessels and other property or interests Vessels and other
of whatsoever kind, including vessels or property in through Presi
course of construction or contracted for, acquired by the
President through any agencies whatsoever in pursuance U.S. C., Title 46,
of authority conferred by the Acts or parts of Acts re- 41 Stat. 990.
pealed by section 2 of this Act, or in pursuance of the
joint resolution entitled "Joint resolution authorizing
the President to take over for the United States the pos-
session 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 pur-
poses," approved May 12, 1917, with the exception of
vessels and property the use of which is in the opinion of
the President required by any other branch of the
Government service of the United States, are hereby
transferred to the board: Provided, That all vessels in
service excepted.
the military and naval service of the United States, in- vessels in mill-
cluding the vessels assigned to river and harbor work, tary or naval
inland waterways, or vessels for such needs in the course
of construction or under contract by the War Department,
sha I be exempt from the provisions of this Act.
of vessels.
SEC. 5. That in order to accomplish the declared pur-Sale Title 46,
poses of this Act, and to carry out the policy declared in sec. 864.
section 1 hereof, the board is authorized and directed to
sell, as soon as practicable, consistent with good business
methods and the objects and purposes to be attained by
this Act, at public or private competitive sale after ap-
praisement and due advertisement, to persons who are
citizens of the United States except as provided in section
6 of this Act, all of the vessels referred to in section 4 of
this Act or otherwise acquired by the board. Such sale
shall be made at such prices and on such terms and con- Conditions.
ditions as the board may prescribe, but the completion
of the payment of the purchase price and interest shall
not be deferred more than fifteen years after the making
of the contract of sale. The board in fixing or accepting
the sale price of such vessels shall take into consideration
the prevailing domestic and foreign market price of, the
available supply of, and the demand for vessels, existing
34
•
freight rates and prospects of their maintenance, the cost
of constructing vessels of similar types under prevailing
conditions, as well as the cost of the construction or pur-
chase price of the vessels to be sold, and any other facts
or conditions that would influence a prudent, solvent
business man in the sale of similar vessels or property
which he is not forced to sell All sales made under the
authority of this Act shall be subject to the limitations.
tions applicable. and restrictions of section 9 of the "Shipping Act, 1916,"
as amended
Transfer restric-
Sale of vessels to
foreigners.
SEC. 6. That the board is authorized and empowered
to sell to aliens, at such prices and on such terms and
conditions as it may determine, not inconsistent with the
U. S. C., Title provisions of section 5 (except that completion of the
Conditions.
46, sec. 865.
41 Stat. 991.
Establishment of
routes.
See Merchant
sec. 414.
U. S. C., Title
46, sec. 866.
41 Stat. 992.
payment of the purchase price and interest shall not be
deferred more than ten years after the making of the con-
tract of sale), such vessels as it shall, after careful inves-
tigation, deem unnecessary to the promotion and main-
tenance of an efficient American merchant marine; but no
such sale shall be made unless the board, after diligent
effort, has been unable to sell, in accordance with the
terms and conditions of section 5, such vessels to persons
citizens of the United States, and has, upon an affirmative
vote of not less than five of its members, spread upon the
minutes of the board, determined to make such sale; and
it shall make as a part of its records a full statement of its
reasons for making such sale. Deferred payments of
purchase price of vessels under this section shall bear
interest at the rate of not less than 52 per centum per
annum, payable semiannually.
SEC. 7. That the board is authorized and directed to
investigate and determine as promptly as possible after
Marine Act, 1928, the enactment of this Act and from time to time thereafter
what steamship lines should be established and put in
operation from ports in the United States or any Terri-
tory, District, or possession thereof to such world and
domestic markets as in its judgment are desirable for the
promotion, development, expansion, and maintenance
of the foreign and coastwise trade of the United States
and an adequate postal service, and to determine the
type, size, speed, and other requirements of the vessels
to be employed upon such lines and the frequency and
regularity of their sailings, with a view to furnishing
adequate, regular, certain, and permanent service.
Sale and charter The board is authorized to sell, and if a satisfactory sale
can not be made, to charter such of the vessels referred
to in section 4 of this Act or otherwise acquired by the
board, as will meet these requirements to responsible
persons who are citizens of the United States who agree
to establish and maintain such lines upon such terms of
payment and other conditions as the board may deem
just and necessary to secure and maintain the service
desired; and if any such steamship line is deemed desirable
and necessary, and if no such citizen can be secured to
of vessels on new
routes.
35
Board may oper-
United States
supply such service by the purchase or charter of vessels
on terms satisfactory to the board, the board shall operate ate vessels on new
vessels on such line until the business is developed so that routes.
such vessels may be sold on satisfactory terms and the
service maintained, or unless it shall appear within a
reasonable time that such line can not be made self-
sustaining: 2 Provided, That preference in the sale or Citizens of
assignment of vessels for operation on such steamship preferred on new
lines shall be given to persons who are citizens of the routes.
United States who have the support, financial and other-
wise, of the domestic communities primarily interested
in such lines if the board is satisfied of the ability of such
persons to maintain the service desired and proposed
to be maintained, or to persons who are citizens of the
United States who may then be maintaining a service
from the port of the United States to or in the general
direction of the world market port to which the board has
determined that such service should be established:
Provided further, That where steamship lines and regular Present routes es-
service have been established and are being maintained board main-
by ships of the board at the time of the enactment of this
Act, such lines and service shall be maintained by the
board until, in the opinion of the board, the maintenance
thereof is unbusinesslike and against the public interests:
And provided further, That whenever the board shall
determine, as provided in this Act, that trade conditions.
warrant the establishment of a service or additional
service under Government administration where a service Board to main-
is already being given by persons, citizens of the United on new routes.
States, the rates and charges for such Government
service shall not be less than the cost thereof, including a
proper interest and depreciation charge on the value of
Government vessels and equipment employed therein.
tablished by
tained.
tain private rates
U. S. C., Title 46,
Investigation of
merce with re-
tion.
SEC. 8. That it shall be the duty of the board, in coop-sec. 867.
eration with the Secretary of War, with the object of 41 Stat. 892.
promoting, encouraging, and developing ports and trans-water-borne com-
portation facilities in connection with water commerce spect to regions,
over which it has jurisdiction, to investigate territorial zones, and:
regions and zones tributary to such ports, taking into
consideration the economies of transportation by rail, Rail transporta-
water and highway and the natural direction of the flow
of commerce; to investigate the causes of the congestion Natural flow of
of commerce at ports and the remedies applicable thereto; Congestion of
to investigate the subject of water terminals, including
the necessary docks, warehouses, apparatus, equipment, Port facilities,
and appliances in connection therewith, with a view to
devising and suggesting the types most appropriate for
different locations and for the most expeditious and eco-
commerce.
ports.
etc.
Contracts for
• The following was stricken out by sec. 414 of the Merchant Marine Act of 1928:
The Postmaster General is authorized, notwithstanding the Act entitled "An Act carrying mail on
to provide for ocean mail service between the United States and foreign ports, and to new routes with-
promote commerce," approved March 3, 1891, to contract for the carrying of the mails out competitive
over such lines at such price as may be agreed upon by the board and the Postmaster bids.
General.
36
passengers and
freight.
terminals.
Improvement of
commerce.
Findings as to
Interchange of nomical transfer or interchange of passengers or property
between carriers by water and carriers by rail; to advise
Location of water with communities regarding the appropriate location and
plan of construction of wharves, piers, and water termi-
nals; to investigate the practicability and advantages of
rivers, ports, etc., harbor, river, and port improvements in connection with
with respect to foreign and coastwise trade; and to investigate any other
matter that may tend to promote and encourage the use
by vessels of ports adequate to care for the freight which
would naturally pass through such ports: Provided, That
if after such investigation the board shall be of the opinion
mon carriers by that rates, charges, rules, or regulations of common car-
riers by rail subject to the jurisdiction of the Interstate
Interstate Com- Commerce Commission are detrimental to the declared
object of this section, or that new rates, charges, rules, or
regulations, new or additional port terminal facilities, or
affirmative action on the part of such common carriers.by
rail is necessary to promote the objects of this section,
the board may submit its findings to the Interstate Com-
merce Commission for such action as such commission
may consider proper under existing law.
rates, etc., of com-
rail, etc., to be
submitted to.
merce Commis-
sion.
Insurance on
vessels sold.
sec. 868.
SEC. 9. That if the terms and conditions of any sale of
U. S. C., Title 46, a vessel made under the provisions of this Act include
deferred payments of the purchase price, the board shall
require, as part of such terms and conditions, that the
purchaser of the vessel shall keep the same insured (a)
Marine and war against loss or damage by fire, and against marine risks
risk.
Protective and
indemnity.
Payable to board.
sec. 501.
See Merchant
sec. 501.
and disasters, and war and other risks if the board so
specifies, with such insurance companies, associations or
underwriters, and under such forms of policies, and to
such an amount, as the board may prescribe or approve;
and (b) by protection and indemnity insurance with such
insurance companies, associations, or underwriters and
under such forms of policies, and to such an amount as
the board may prescribe or approve. The insurance
required to be carried under this section shall be made
payable to the board and/or to the parties as interest may
appear. The board is authorized to enter into any
agreement that it deems wise in respect to the payment
and/or the guarantee of premiums of insurance.
66
3
U. S. C., Title 5, "SEC. 10. That the board may create out of insurance
premiums, and revenue from operations and sales, and
Marine Act, 1928, maintain and administer separate insurance funds which
it may use to insure in whole or in part against all hazards
commonly covered by insurance policies in such cases,
any legal or equitable interest of the United States (1)
in any vessel constructed or in process of construction;
U. S. C., Title 46, Marine Act of 1928, read as follows:
sec. 869.
Insurance fund.
To cover vessels.
Plants, materials,
etc.
3 Sec. 10 of the Merchant Marine Act of 1920 before being amended by the Merchant
SEC. 10. That the board may create out of net revenue from operations and sales, and
maintain and administer, a separate insurance fund, which it may use to insure in
whole or in part, against all hazards commonly covered by insurance policies in such
cases, any interest of the United States (1) in any vessel, either constructed or in process
of construction, and (2) in any plants or materials heretofore or hereafter acquired by the
board or hereby transferred to the board.
37
and (2) in any plants or property in the possession or
under the authority of the board. The United States
shall be held to have such an interest in any vessel toward
the construction, reconditioning, remodeling, improving,
or equipping of which a loan has been made under the
authority of this Act, in any vessel upon which it holds a
mortgage or lien of any character, or in any vessel which
is obligated by contract with the owner to perform any
service in behalf of the United States, to the extent of
the Government's interest therein.'
4
وو
1451.
Marine Act, 1928,
"SEC. 11. (a) That the board may set aside, out of the 44 Stats., pt. 2,
revenues from sales, including proceeds of securities con- U. S. C., Title 3,
sisting of notes, letters of credit, or other evidences of sec. 301.
debt, taken by it for deferred payments on purchase See Merchant
money from sales by the board, whether such securities sec. 301.
are to the order of the United States, the United States
Shipping Board, the United States Shipping Board
Emergency Fleet Corporation, or the United States Ship-
ping Board Merchant Fleet Corporation, either directly
amount.
loan fund.
citizens to con-
or by indorsement, until the amounts thus set aside from Aggregate
time to time aggregate $125,000,000. The amount thus Construction
set aside shall be known as the construction loan fund.
The board may use such fund to the extent it thinks
proper, upon such terms as the board may prescribe, in Aiding private
making loans to aid persons citizens of the United States struct vessels.
in the construction by them in private shipyards or navy Private ship-
yards in the United States of vessels of the best and most Navy yards.
efficient type for the establishment or maintenance of
service on lines deemed desirable or necessary by the
board, provided such vessels shall be fitted and equipped
4 Sec. 11 originally read before amendment as follows:
yards.
SEC. 11. That during a period of five years from the enactment of this Act the board Construction
may annually set aside out of the revenues from sales and operations a sum not exceeding loan fund.
$25,000,000, to be known as its construction loan fund, to be used in aid of the construction 41 Stat. 993.
of vessels of the best and most efficient type for the establishment and maintenance of
service on steamship lines deemed desirable and necessary by the board, and such vessels
shall be equipped with the most modern, the most efficient, and the most economical
machinery and commercial appliances. The board shall use such fund to the extent
required upon such terms as the board may prescribe to aid persons, citizens of the
United States, in the construction by them in private shipyards, in the United States
of the foregoing class of vessels. No aid shall be for a greater sum than two-thirds of
the cost of the vessel or vessels to be constructed, and the board shall require such secu-
rity, including a first lien upon the entire interest in the vessel or vessels so constructed
as it shall deem necessary to insure the repayment of such sum with interest thereon
and the maintenance of the service for which such vessel or vessels are built.
SEC. 11 was amended on June 6, 1924, to read as follows:
"SEC. 11. (a) That during a period of five years from the enactment of this Act U. S. C., Title
(Merchant Marine Act of 1920) the board may annually set aside out of the revenues 46, sec. 870.
from sales and operations a sum not exceeding $25,000,000, to be known as its construction 43 Stat. 467.
loan fund. The board may use such fund to the extent it thinks proper, upon such
terms as the board may prescribe, in making loans to aid persons citizens of the United
States in the construction by them in private shipyards or navy yards of the United
States of vessels of the best and most efficient type for the establishment or maintenance
of service on lines deemed desirable or necessary by the board, provided such vessels
shall be fitted and equipped with the most modern, the most efficient, and the most
economical engines, machinery, and commercial appliances or, in the outfitting and
equipment by them in private shipyards or navy yards of the United States of vessels
already built, with engines, machinery, and commercial appliances of the type and
kind mentioned.
"(b) The term 'vessel' or 'vessels,' where used in this section, shall be construed to
mean a vessel or vessels to aid in whose construction or equipment a loan is made from
the construction loan fund of the board. All such vessels shall be documented under the
laws of the United States and shall remain documented under such laws for not less
than five years from the date the loan is made; and, so long as there remains due the
United States any principal or interest on account of such loan.
"(c) No loan shall be made for a longer time than fifteen years. If it is not to be re-
paid within two years from the date when the first advance on the loan is made by the
38
Meaning of word
"vessel.
"
with the most modern, the most efficient, and the most
economical engines, machinery, and commercial appli-
ances; or in the outfitting and equipment by them in
private shipyards or navy yards in the United States of
vessels already built, with engines, machinery, and com-
mercial appliances of the type and kind mentioned; or
in the reconditioning, remodeling, or improvement by
them in private shipyards or navy yards in the United
States of vessels already built.
"(b) The term 'vessel' or 'vessels,' where used in this
section, shall be construed to mean a vessel or vessels to
aid in whose construction, equipment, reconditioning,
remodeling, or improvement, a loan is made from the
construction loan fund of the board. All such vessels
umented under shall be documented under the laws of the United States
and shall remain documented under such laws for not
less than twenty years from the date the loan is made,
and so long as there remains due the United States any
principal or interest on account of such loan.
Must remain doc-
United States
laws for 20 years.
Period of loan.
interest.
"(c) No loan shall be made for a longer time than
twenty years. If it is not to be repaid within two years.
from the date when the first advance on the loan is made
by the board, the principal shall be payable in equal
annual installments to be definitely prescribed in the
instruments. The loan may be paid at any time, on
thirty days' written notice to the board, with interest
computed to date of payment.
(d) All such loans shall bear interest at rates as fol-
lows, payable not less frequently than annually: During
any period in which the vessel is operated exclusively in
coastwise trade, or is inactive, the rate of interest shall be
as fixed by the board, but not less than 54 per centum
per annum. During any period in which the vessel is
board, the principal shall be payable in installments to be definitely prescribed in the
instruments. Such installments shall be made payable at intervals not exceeding two
years; and in amounts not less than 6 per centum of the original amount of the loan, if
the installments are payable at intervals of one year or less; and in amounts not less than
12 per centum of the original amount of the loan, if the installments are at intervals
exceeding one year in length. The loan may be paid at any time, on thirty days written
notice to the board, with interest computed to date of payment.
(d) All such loans shall bear interest at rates to be fixed by the board, payable not
less frequently than annually. During any interest period in which the vessel is operated
exclusively in coastwise trade, or is inactive, the rate of interest shall be not less than
54 per centum per annum. During any interest period in which the vessel is operated
in foreign trade, the rate shall be not less than 44 per centum per annum. The board
may prescribe rules for determining the amount of interest payable under the provisions
of this paragraph.
"(e) No loan shall be for a greater sum than one-half the cost of the vessel or vessels
to be constructed; or, than one-half the cost of the equipment herein before authorized
for a vessel already built: Provided, however, If security is furnished in addition to the
mortgage on the vessel or vessels, the board may increase the amount loaned, but such
additional amount shall not exceed one-half the market value of the additional security
furnished, and in no case shall the total loan be for a greater sum than two-thirds of the
cost of the vessel or vessels to be constructed; or, than two-thirds of the cost of the
equipment, and its installation, for vessels already built.
64
(f) The board shall require such security as it shall deem necessary to insure the com-
pletion of the construction or equipment of the vessel within a reasonable time and the
repayment of the loan with interest; when the vessel is completed the security shall in-
clude a preferred mortgage on the vessel, complying with the provisions of section 30 of
the Merchant Marine Act, 1920, which mortgage shall contain appropriate covenants and
provisions to insure the proper physical maintenance of the vessel, and its protection
against liens for taxes, penalties, claims, or liabilities of any kind whatever, which might
impair the security for the debt. It shall also contain any other covenants and provi-
sions the board may prescribe, including a provision for the sumniary maturing of the
entire debt, for causes to be enumerated in the mortgage.
"(g) The board shall also require and the security furnished shall provide that the
owner of the vessel shall keep the same insured against loss or damage by fire, and against
39
operated in foreign trade the rate shall be the lowest rate
of yield (to the nearest one-eighth of 1 per centum) of
any Government obligation bearing a date of issue sub-
sequent to April 6, 1917 (except postal-savings bonds),
and outstanding at the time the loan is made by the board,
as certified by the Secretary of the Treasury to the board
upon its request. The board may prescribe rules for
determining the amount of interest payable under the
provisions of this paragraph.
"(e) No loan shall be for a greater sum than three- Amount of loan.
fourths the cost of the vessel or vessels to be constructed
or than three-fourths the cost of the reconditioning,
remodeling, improving, or equipping herein before author-
ized for a vessel already built.
"(f) The board shall require such security as it shall Security.
deem necessary to insure the completion of the construc-
tion, reconditioning, remodeling, improving, or equipping
of the vessel within a reasonable time and the repayment
of the loan with interest; when the construction, recon-
ditioning, remodeling, improving, or equipping of the
vessel is completed the security shall include a preferred
mortgage on the vessel, complying with the provisions of
the Ship Mortgage Act, 1920 [U. S. C., Title 46, Chap. 25],
which mortgage shall contain appropriate covenants and
provisions to insure the proper physical maintenance of
the vessel, and its protection against liens for taxes,
penalties, claims, or liabilities of any kind whatever,
which might impair the security for the debt. It shall
also contain any other covenants and provisions the board
may prescribe, including a provision for the summary
maturing of the entire debt, for causes to be enumerated.
in the mortgage.
marine risks and disasters, and against any and all other insurable risks the board speci-
files, with such insurance companies, associations or underwriters, and under such forms
of policies, and to such an amount, as the board may prescribe or approve; such insurance
shall be made payable to the board and/or to the parties, as interest may appear. The
board is authorized to enter into any agreement that it deems wise in respect to the
payment and for the guarantee of premiums of insurance.
And was further amended on March 4, 1927, to read as follows:
"SEC. 11. (a) That the board may set aside, out of the revenues from sales, including
proceeds of securities consisting of notes, letters of credit, or other evidences of debt,
taken by it for deferred payments on purchase money from sales by the board, whether
such securities are to the order of the United States or the United States Shipping Board
or the United States Shipping Board Emergency Fleet Corporation, either directly or
by indorsement, until the amounts thus set aside from time to time aggregate $125,000,000.
The amount thus set aside shall be known as the construction loan fund. The board
may use such fund to the extent it thinks proper, upon such terms as the board may
prescribe, in making loans to aid persons citizens of the United States in the construction
by them in private shipyards or navy yards in the United States of vessels of the best and
most efficient type for the establishment or maintenance of service on lines deemed desir-
able or necessary by the board, provided such vessels shall be fitted and equipped with
the most modern, the most efficient, and the most economical engines, machinery, and
commercial appliances; or in the outfitting and equipment by them in private shipyards
or navy yards in the United States of vessels already built, with engines, machinery,
and commercial appliances of the type and kind mentioned.
SEC. 2. The construction loan fund shall be a revolving fund. All repayments on loans
from the fund shall be credited to the fund; interest on such loans, however, shall be paid
into the Treasury of the United States as miscellaneous receipts. The proceeds of sales
(including proceeds of evidences of debt for deferred payments on such sales) of any ves-
sel or vessels in which since June 6, 1924, the board has had internal-combustion engines
installed as the main propulsive power, shall be transferred and credited to the extent
necessary to restore to the fund any and all amounts transferred therefrom under the
provisions of section 12 of the Merchant Marine Act, 1920, as amended by the Act of
June 6, 1924.
40
Insurance.
41 Stat. 993.
U. S. C., Title 46,
sec. 871.
Amendment ap-
1927.
Reconditioning
and repair of
vessels.
"(g) The board shall also require and the security fur-
nished shall provide that the owner of the vessel shall keep
the same insured against loss or damage by fire, and
against marine risks and disasters, and against any and
all other insurable risks the board specifies, with such
insurance companies, associations, or underwriters, and
under such forms of policies, and to such an amount, as
the board may prescribe or approve; such insurance shall
be made payable to the board and/or to the parties, as
interest may appear. The board is authorized to enter
into any agreement that it deems wise in respect to the
payment and for the guaranty of premiums of insurance.
(b) Section 11 of the Merchant Marine Act, 1920, as
in force immediately prior to the enactment of this Act,
shall remain in force in respect of all loans made before
the enactment of this Act.
SEC. 12. That all vessels may be reconditioned and
kept in suitable repair and until sold shall be managed and
proved Mar. 4, operated by the board or chartered or leased by it on
such terms and conditions as the board shall deem wise
for the promotion and maintenance of an efficient mer-
chant marine, pursuant to the policy and purposes de-
Operation, man-clared in sections 1 and 5 of this Act; and the United
charter of vessels. States Shipping Board Emergency Fleet Corporation shall
Emergency Fleet continue in existence and have authority to operate
tinued until ves- vessels, unless otherwise directed by law, until all ves-
agement and
Corporation con-
sels sold.
43 Stat. 468.
"Reconditioned"
defined.
Transfer from
construction lean
fund.
sels are sold in accordance with the provisions of this
Act, the provision in section 11 of the "Shipping Act,
1916," to the contrary notwithstanding.
The term "reconditioned" as used in this section in-
cludes the substitution of the most modern, most efficient,
and most economical types of internal-combustion engines
as the main propulsive power of vessels. Should the
board have any such engines built in the United States
and installed, in private shipyards or navy yards of the
United States, in one or more merchant vessels owned by
the United States, and the cost to the board of such
installation exceeds the amount of funds otherwise avail-
able to it for that use, the board may transfer to its funds
From which expenditures under this section may be paid,
from its construction loan fund authorized by section 11
of the Merchant Marine Act, 1920, so much as in its
judgment may be necessary to meet obligations under
contracts for such installation; and the Treasurer of the
United States shall, at the request of the board, make
the transfer accordingly: Provided, That the total amount.
to be expended. hereafter expended by the board for this purpose shall
not in the aggregate exceed $25,000,000. Any such ves-
sel hereafter so equipped by the board under the pro-
visions of this section shall not be sold for a period of
five years from the date the installation thereof is com-
pleted, unless it is sold for a price not less than the cost
of the installation thereof and of any other work of
Proviso.
Limited amount
41
weight ton.
Depreciation.
reconditioning done at the same time plus an amount
not less than $10 for each dead-weight ton of the vessel $10 per dead-
as computed before such reconditioning thereof is com-
menced. The date of the completion of such installation
and the amount of the dead-weight tonnage of the vessel
shall be fixed by the board: Provided further, That in Proviso.
fixing the minimum price at which the vessel may thus
be sold the board may deduct from the aggregate amount
above prescribed 5 per centum thereof per annum from
the date of the installation to the date of sale as deprecia-
tion: And provided further, That no part of such fund Proviso.
shall be expended upon the reconditioning of any vessel
unless the board shall have first made a binding contract
for a satisfactory sale of such vessel in accordance with
the provisions of this Act, or for the charter or lease of
such vessels for a period of not less than five years by a
capable, solvent operator; or unless the board is pre-
pared and intends to directly put such vessel in operation
immediately upon completion. Such vessel, in any of
the enumerated instances, shall be documented under the
laws of the United States and shall remain documented
under such laws for a period of not less than five years
from the date of the completion of the installation, and
during such period it shall be operated only on voyages
which are not exclusively coastwise.
sec. 872.
SEC. 13. That the board is further authorized to sell U. S. C., Title 46,
all property other than vessels transferred to it under 41 Stat. 993.
section 4 upon such terms and conditions as the board
may determine and prescribe.
Sale of property.
sec. 873.
Funds covered
SEC. 14. That the net proceeds derived by the board U.SC., Title 46,
prior to July 1, 1921, from any activities authorized by 41 Stat. 993.
this Act, or by the "Shipping Act, 1916," or by the Acts into Treasury to
specified in section 2 of this Act, except such an amount board's credit.
as the board shall deem necessary to withhold as operat-
ing capital, for the purposes of section 12 hereof, and for
the insurance fund authorized in section 10 hereof, and
for the construction loan fund authorized in section 11
hereof, shall be covered into the Treasury of the United
States to the credit of the board and may be expended
by it, within the limits of the amounts heretofore or here-
after authorized, for the construction, requisitioning, or Funds covered
purchasing of vessels. After July 1, 1921, such net pro- miscellaneous
ceeds, less such an amount as may be authorized annually receipts.
by Congress to be withheld as operating capital, and less
such sums as may be needed for such insurance and con-
struction loan funds, shall be covered into the Treasury
of the United States as miscellaneous receipts. The
board shall, as rapidly as it deems advisable, withdraw Funds invested
investment of Government funds made during the emer-
gency under the authority conferred by the Acts or parts
of Acts repealed by section 2 of this Act and cover the
net proceeds thereof into the Treasury of the United
States as miscellaneous receipts.
into Treasury as
to be withdrawn
42
41 Stat. 994.
War Department
SEC. 15. That the board shall not require payment
not to pay charter from the War Department for the charter hire of vessels
hire on Govern-
ment vessels.
U. S. C., Title 46,
sec. 874.
41 Stat. 994.
Housing Act
repealed.
Limitations.
owned by the United States Government furnished by
the board from July 1, 1918, to June 30, 1919, inclusive,
for the use of such department.
SEC. 16. That all authorization to purchase, build,
requisition, lease, exchange, or otherwise acquire houses,
buildings or land under the Act entitled "An Act to
authorize and empower the United States Shipping Board
Emergency Fleet Corporation to purchase, lease, requisi-
tion, or otherwise acquire, and to sell or otherwise dis-
pose of improved or unimproved lands, houses, buildings,
and for other purposes," approved March 1, 1918, is
hereby terminated: Provided, however, That expendi-
pletion of houses. tures may be made under said Act for the repair of houses
and buildings already constructed, and the completion of
such houses or buildings as have heretofore been con-
tracted for or are under construction, if considered ad-
visable, and the board is authorized and directed to dis-
pose of all such properties or the interest of the United
States in all such properties at as early a date as prac-
ticable, consistent with good business and the best
interests of the United States.
Repair and com-
Sale of houses,
etc.
U. S. C., Title 46,
sec. 875.
41 Stat. 994.
German port
facilities turned
over to board.
See proclamation
and Executive
ken, Charleston,
orders re Hobo-
and Norfolk
piers.
President may
transfer War and
Navy Depart-
ment port facili-
SEC. 17. That the board is authorized and directed to
take over on January 1, 1921, the possession and control
of, and to maintain and develop, all docks, piers, ware-
houses, wharves and terminal equipment and facilities,
including all leasehold easements, rights of way, riparian
rights and other rights, estates and interests therein or
appurtenant thereto, acquired by the President by or
under the Act entitled "An Act making appropriations
to supply urgent deficiencies in appropriations for the
fiscal year ending June 30, 1918, and prior fiscal years,
on account of war expenses, and for other purposes,
approved March 28, 1918.
The possession and control of such other docks, piers,
warehouses, wharves and terminal equipment and facili-
ties over to board. ties or parts thereof, including all leasehold easements,
rights of way, riparian rights and other rights, estates or
interests therein or appurtenant thereto which were
acquired by the War Department or the Navy Depart-
ment for military or naval purposes during the war
emergency may be transferred by the President to the
board whenever the President deems such transfer to be
for the best interests of the United States.
President may
transfer port fa-
cilities to War
ment.
The President may at any time he deems it necessary,
by order setting out the need therefor and fixing the
or Navy Depart period of such need, permit or transfer the possession
and control of. any part of the property taken over by
or transferred to the board under this section to the War
Department or the Navy Department for their needs,
and when in the opinion of the President such need there-
for ceases the possession and control of such property
43
shall revert to the board. None of such property shall Sale prohibited.
be sold except as may be hereafter provided by law.
SEC. 18. That section 9 of the "Shipping Act, 1916,"
is amended to read as follows:
sec. 842.
Vessels acquired
registry and
"SEC. 9. That any vessel purchased, chartered, or leased U. 3. C., Title 46,
from the board, by persons who are citizens of the United 39 Stat. 728.
States, may be registered or enrolled and licensed, or both from board al-
registered and enrolled and licensed, as a vessel of the lowed American
United States and entitled to the benefits and privileges enrollment.
appertaining thereto: Provided, That foreign-built vessels Vessels acquired
admitted to American registry or enrollment and license by or from board
under this Act, and vessels owned by any corporation in coastwise trade.
which the United States is a stockholder, and vessels sold,
leased, or chartered by the board to any person a citizen
of the United States, as provided in this Act, may engage
in the coastwise trade of the United States while owned,
leased, or chartered by such a person.
may engage in
only under Amer-
Subject to all
ties as private
"Every vessel purchased, chartered, or leased from the May be operated
board shall, unless otherwise authorized by the board, ican documenta-
be operated only under such registry or enrollment and tion.
license. Such vessels while employed solely as merchant laws and liabili-
vessels shall be subject to all laws, regulations, and vessels.
liabilities governing merchant vessels, whether the
United States be interested therein as owner, in whole
or in part, or hold any mortgage, lien, or other interest
therein.
sels.
"It shall be unlawful to sell, transfer or mortgage, or, Transfer of ves-
except under regulations prescribed by the board, to
charter, any vessel purchased from the board or docu-
mented under the laws of the United States to any
person not a citizen of the United States, or to put the
same under a foreign registry or flag, without first
obtaining the board's approval.
"Any vessel chartered, sold, transferred or mortgaged Penalty.
to a person not a citizen of the United States or placed
under a foreign registry or flag, or operated, in violation
of any provision of this section shall be forfeited to the
United States, and whoever violates any provision of
this section shall be guilty of a misdemeanor and subject.
to a fine of not more than $5,000, or to imprisonment
for not more than five years, or both."
develop mer-
chant marine
may:
SEC. 19. (1) The board is authorized and directed in Board in order to
aid of the accomplishment of the purposes of this Act:
(a) To make all necessary rules and regulations to
carry out the provisions of this Act;
Make rules and
regulations gov-
erning shipping
U. S. C., title 46,
(b) To make rules and regulations affecting shipping in foreign trade.
in the foreign trade not in conflict with law in order to sec. 876.
adjust or meet general or special conditions unfavorable 41 Stat. 995.
to shipping in the foreign trade, whether in any partic-
ular trade or upon any particular route or in commerce
generally and which arise out of or result from foreign
laws, rules, or regulations or from competitive methods
or practices employed by owners, operators, agents, or
masters of vessels of a foreign country; and
44
Request depart-
ments to make,
or annul rules
ping.
(c) To request the head of any department, board,
suspend, modify, bureau, or agency of the Government to suspend, mod-
and regulations ify, or annul rules or regulations which have been estab-
affecting ship- lished by such department, board, bureau, or agency, or
to make new rules or regulations affecting shipping in the
foreign trade other than such rules or regulations re-
lating to the Public Health Service, the Consular Service,
and the Steamboat-Inspection Service.
To approve rules
and regulations
ping.
(2) No rule or regulation shall hereafter be established
relating to ship- by any department, board, bureau, or agency of the
Government which affect shipping in the foreign trade,
except rules or regulations affecting the Public Health
Service, the Consular Service, and the Steamboat-In-
spection Service, until such rule or regulation has been
submitted to the board for its approval and final action
has been taken thereon by the board or the President.
May refer rules
and regulations
ping to Presi-
dent.
(3) Whenever the head of any department, board,
relating to ship- bureau, or agency of the Government refuses to suspend,
modify, or annul any rule or regulation, or make a new
rule or regulation upon request of the board, as provided
in subdivision (c) of paragraph (1) of this section, or
objects to the decision of the board in respect to the
approval of any rule or regulation, as provided in para-
graph (2) of this section, either the board or the head of
the department, board, bureau, or agency which has
established or is attempting to establish the rule or
regulation in question may submit the facts to the
President, who is hereby authorized to establish or
suspend, modify, or annul such rule or regulation.
Board vessels not
to be given pref-
vate vessels.
(4) No rule or regulation shall be established which in
erence over pri- any manner gives vessels owned by the United States
any preference or favor over those vessels documented
under the laws of the United States and owned by per-
sons who are citizens of the United States.
U. S. C., Title 46,
sec. 842.
39 Stat. 928.
No carrier by
water-
To give deferred
rebates.
SEC. 20. (1) That section 14 of the Shipping Act, 1916,
as amended, is amended to read as follows:
"SEC. 14. That no common carrier by water shall,
directly or indirectly, in respect to the transportation by
water of passengers or property between a port of a
State, Territory, District, or possession of the United
States and any other such port or a port of a foreign
country,
"First. Pay, or allow, or enter into any combination,
agreement, or understanding, express or implied, to pay
or allow, a deferred rebate to any shipper. The term
'deferred rebate' in this Act means a return of any
portion of the freight money by a carrier to any shipper
as a consideration for the giving of all or any portion of
his shipments to the same or any other carrier, or for any
other purpose, the payment of which is deferred beyond
the completion of the service for which it is paid, and is
made only if, during both the period for which computed
and the period of deferment, the shipper has complied
with the terms of the rebate agreement or arrangement.
45
ship."
"Second. Use a fighting ship either separately or in To use "fighting
conjunction with any other carrier through agreement
or otherwise. The term 'fighting ship' in this Act means
a vessel used in a particular trade by a carrier or group
of carriers for the purpose of excluding, preventing, or
reducing competition by driving another carrier out of
said trade.
against any
"Third. Retaliate against any shipper by refusing, or To retaliate
threatening to refuse, space accommodations when such shipper.
are available, or resort to other discriminating or unfair
methods, because such shipper has patronized any other
carrier or has filed a complaint charging unfair treatment,
or for any other reason.
unjustly or
"Fourth. Make any unfair or unjustly discriminatory To discriminate
contract with any shipper based on the volume of freight unfairly.
offered, or unfairly treat or unjustly discriminate against
any shipper in the matter of (a) cargo space accommo-
dations or other facilities, due regard being had for the
proper loading of the vessel and the available tonnage;
(b) the loading and landing of freight in proper condi-
tion; or (c) the adjustment and settlement of claims.
"Any carrier who violates any provision of this section Penalty.
shall be guilty of a misdemeanor punishable by a fine of
not more than $25,000 for each offense."
(2) The Shipping Act, 1916, as amended, is amended
by inserting after section 14 a new section to read as
follows:
ate proceedings
"SEC. 14 (a) The board upon its own
its own initiative may, Board may initi
or upon complaint shall, after due notice to all parties in regarding.
interest and hearing, determine whether any person, not
a citizen of the United States and engaged in transporta-
tion by water of passengers or property-
Rebates or unfair
"(1) Has violated any provision of section 14, or practices between
"(2) Is a party to any combination, agreement, or un- foreign ports.
derstanding, express or implied, that involves in respect.
to transportation of passengers or property between for-
eign ports, deferred rebates or any other unfair practice
designated in section 14, and that excludes from admis-
sion upon equal terms with all other parties thereto, a
common carrier by water which is a citizen of the United
States and which has applied for such admission.
denied entry.
"If the board determines that any such person has Vessels may be
violated any such provision or is a party to any such com-
bination, agreement, or understanding, the board shall
thereupon certify such fact to the Secretary of Com-
merce. The Secretary shall thereafter refuse such person
the right of entry for any ship owned or operated by him
or by any carrier directly or indirectly controlled by him,
into any port of the United States, or any Territory, Dis-
trict, or possession thereof, until the board certifies that
the violation has ceased or such combination, agreement,
or understanding has been terminated."
46209°-294
46
U. S. C., Title 46,
sec. 877.
41 Stat. 997.
Extension of
insular posses-
sions.
lish adequate in-
service.
President may
extend period.
Rules and regula-
shipping in
Philippines.
5
SEC. 21. That from and after February 1, 1922, the
coastwise laws of the United States shall extend to the
island Territories and possessions of the United States not
coastwise laws to now covered thereby, and the board is directed prior to
the expiration of such year to have established adequate
Board to estab- steamship service at reasonable rates to accommodate the
sular steamship commerce and the passenger travel of said islands and to
maintain and operate such service until it can be taken
over and operated and maintained upon satisfactory
terms by private capital and enterprise: Provided, That
tions governing if adequate shipping service is not established by Febru-
ary 1, 1922, the President shall extend the period herein.
allowed for the establishment of such service in the case
of any island Territory or possession for such time as may
be necessary for the establishment of adequate shipping
facilities therefor: Provided further, That until Congress
shall have authorized the registry as vessels of the United
States of vessels owned in the Philippine Islands, the
Government of the Philippine Islands is hereby author-
ized to adopt, from time to time, and enforce regulations.
governing the transportation of merchandise and passen-
gers between ports or places in the Philippine Archipelago:
Act authorizing And provided further, That the foregoing provisions of
engage in coast- this section shall not take effect with reference to the
Philippine Islands until the President of the United States
after a full investigation of the local needs and conditions
shall, by proclamation, declare that an adequate shipping
service has been established as herein provided and fix a
date for the going into effect of the same.
Law not to take
effect in Philip
pines until pro-
claimed by
President.
wise trade
repealed.
American-owned
sels excepted.
SEC. 22. That the Act entitled "An Act giving the
United States Shipping Board power to suspend present
provisions of law and permit vessels of foreign registry
and foreign-built vessels admitted to American registry
under the Act of August 18, 1914, to engage in the coast-
wise trade during the present war and for a period of one
foreign-built ves- hundred and twenty days thereafter, except the coast-
wise trade with Alaska," approved October 6, 1917, is
hereby repealed: Provided, That all foreign-built vessels
admitted to American registry, owned on. February 1,
1920, by persons citizens of the United States, and all
foreign-built vessels owned by the United States at the
time of the enactment of this Act, when sold and owned
by persons citizens of the United States, may engage in
between United the coastwise trade so long as they continue in such
Foreign vessels
authorized to
carry passengers
States and
Hawaii.
ownership, subject to the rules and regulations of such
trade: Provided, That the board is authorized to issue
permits for the carrying of passengers in foreign ships if
it deems it necessary so to do, operating between the
Territory of Hawaii and the Pacific Coast up to February
1, 1922.
The word "year" should be "time" or "period." The first line originally read
"That from and after one year from the enactment of this act," etc. By an oversight
when the period was extended to Feb. 1, 1922, Congress failed to use appropriate language
to correspond with Feb. 1, 1922.
47
from war and ex-
U. S. C., Title 46,
vessels.
be
SEC. 23. That the owner of a vessel documented under Vessels exempted
the laws of the United States and operated in foreign cess-profits tax.
trade shall, for each of the ten taxable years while so sec. 878.
operated, beginning with the first taxable year ending 41 Stat. 997.
after the enactment of this Act, be allowed as a deduc-
tion for the purpose of ascertaining his net income sub-
ject to the war-profits and 'excess-profits taxes imposed
by Title III of the Revenue Act of 1918 an amount equiv-
alent to the net earnings of such vessel during such taxa-
ble year, determined in accordance with rules and regu- Funds minston-
lations to be made by the board: Provided, That such structing new
owner shall not be entitled to such deduction unless
during such taxable year he invested, or set aside under
rules and regulations to be made by the board in a trust
fund for investment in the building in shipyards in the
United States of new vessels of a type and kind approved
by the board, an amount, to be determined by the Sec-
retary of the Treasury and certified by him to the board,
equivalent to the war-profits and excess-profits taxes
that would have been payable by such owner on account
of the net earnings of such vessels but for the deduction
allowed under the provisions of this section: Provided two-thirds of con-
further, That at least two-thirds of the cost of any vessel struction cost.
constructed under this paragraph shall be paid for out of
the ordinary funds or capital of the person having such
vessel constructed.
Owner to furnish
exempt from in-
vessels.
That during the period of ten years from the enact- Proceeds of sale
ment of this Act any person a citizen of the United States come tax if rein-
who may sell a vessel documented under the laws of the vested in new
United States and built prior to January 1, 1914, shall be
exempt from all income taxes that would be payable upon
any of the proceeds of such sale under Title I, Title II,
and Title III of the Revenue Act of 1918 if the entire
proceeds thereof shall be invested in the building of new
ships in American shipyards, such ships to be documented
under the laws of the United States and to be of a type
approved by the board.
6
IV, sec. 414.
SEC. 24. That all mails of the United States shipped U.S. C., Title
or carried on vessels shall, if practicable, be shipped or
carried on American-built vessels documented under the
SEC. 24 of the Merchant Marine Act of 1920 was amended by the Merchant Marine
Act of 1928. It originally read as follows:
U. S. C., Title 46,
sec. 880.
41 Stat. 998.
SEC. 24. That all mails of the United States shipped or carried on vessels shall, if Mails to be car-
practicable, be shipped or carried on American-built vessels documented under the ried on American
laws of the United States. No contract hereafter made with the Postmaster General vessels.
for carrying mails on vessels so built and documented shall be assigned or sublet, and
no mails covered by such contract shall be carried on any vessel not so built and docu- Contracts for
mented. No money shall be paid out of the Treasury of the United States on or in carrying, not to
relation to any such contract for carrying mails on vessels so built and documented when be assigned to
such contract has been assigned or sublet or when mails covered by such contract are foreigners.
in violation of the terms thereof carried on any vessel not so built and documented.
The board and the Postmaster General, in aid of the development of a merchant marine Compensation
adequate to provide for the maintenance and expansion of the foreign or coastwise for carrying mail.
trade of the United States and of a satisfactory postal service in connection therewith,
shall from time to time determine the just and reasonable rate of compensation to be Ocean mail con-
paid for such service, and the Postmaster General is hereby authorized to enter into tracts authorized.
contracts within the limits of appropriations made therefor by Congress to pay for the
carrying of such mails in such vessels at such rate. Nothing herein shall be affected by Competitive bids
the Act entitled "An Act to provide for ocean mail service between the United States not required.
and foreign ports, and to promote commerce," approved March 3, 1891.
48
U. S. C., Title 46,
Бес. 881.
laws of the United States. No contract hereafter made
with the Postmaster General for carrying mails on vessels
so built and documented shall be assigned or sublet,
and no mails covered by such contract shall be carried
on any vessel not so built and documented. No money
shall be paid out of the Treasury of the United States
on or in relation to any such contract for carrying mails
on vessels so built and documented when such contract
has been assigned or sublet or when mails covered by
such contract are in violation of the terms thereof
carried on any vessel not so built and documented.
This section shall not be applicable in the case of con-
tracts made under Title IV of the Merchant Marine
Act, 1928.
SEC. 25. That for the classification of vessels owned by
the United States, and for such other purposes in con-
nection therewith as are the proper functions of a classi-
American Bureau fication bureau, all departments, boards, bureaus, and
41 Stat. 998.
Recognition of
of Shipping.
Government rep-
resentatives on
American Bureau
of Shipping.
commissions of the Government are hereby directed to
recognize the American Bureau of Shipping as their
agency so long as the American Bureau of Shipping con-
tinues to be maintained as an organization which has no
capital stock and pays no dividends: Provided, That the
Secretary of Commerce and the chairman of the board
shall each appoint one representative who shall represent
the Government upon the executive committee of the
American Bureau of Shipping, and the bureau shall agree
that these representatives shall be accepted by them as
active members of such committee. Such representatives
of the Government shall serve without any compensation,
except necessary traveling expenses: Provided further,
to indicate ves- That the official list of merchant vessels published by the
sels classified by Government shall hereafter contain a notation clearly
indicating all vessels classed by the American Bureau of
Shipping.
List of merchants
American
of Shipping.
Cargo vessels au-
16 passengers.
sec. 882.
41 Stat. 998.
""
SEC. 26. That cargo vessels documented under the laws
thorized to carry of the United States may carry not to exceed sixteen per-
U.S. C., Title 46, sons in addition to the crew between any ports or places
in the United States or its Districts, Territories, or pos-
sessions, or between any such port or place and any for-
eign port, or from any foreign port to another foreign
port, and such vessels shall not be held to be "passenger
vessels" or "vessels carrying passengers within the
meaning of the inspection laws and the rules and regula-
tions thereunder: Provided, That nothing herein shall be
ject to life-saving taken to exempt such vessels from the laws, rules, and
Passengers to bee regulations respecting life-saving equipment: Provided
further, That when any such vessel carries persons other
than the crew as herein provided for, the owner, agent, or
master of the vessel shall first notify such persons of the
presence on board of any dangerous articles, as defined
by law, or of any other condition or circumstance which
would constitute a risk of safety for passenger or crew.
Such vessels sub-
equipment laws.
notified of
dangers.
49
may carry pas-
lege extended tc
The privilege bestowed by this section on vessels of the Foreign vessels
United States shall be extended in so far as the foreign sengers if privi-
trade is concerned to the cargo vessels of any nation United States
which allows the like privilege to cargo vessels of the
United States in trades not restricted to vessels under its
own flag.
Failure on the part of the owner, agent, or master of Penalty.
the vessel to give such notice shall subject the vessel to
penalty of $500, which may be mitigated or remitted by
the Secretary of Commerce upon a proper representation
of the facts.
via foreign ports
ican vessels.
41 Stat. 999.
SEC. 27. That no merchandise shall be transported by Coastwise trade
water, or by land and water, on penalty of forfeiture limited to Amer-
thereof, between points in the United States, including U.S. C., Title 46,
Districts, Territories, and possessions thereof embraced sec. 883.
within the coastwise laws, either directly or via a foreign
port, or for any part of the transportation, in any other
vessel than a vessel built in and documented under the
laws of the United States and owned by persons who are
citizens of the United States, or vessels to which the
privilege of engaging in the coastwise trade is extended
by sections 18 or 22 of this Act: Provided, That this sec- Exceptions.
tion shall not apply to merchandise transported between
points within the continental United States, excluding
Alaska, over through routes heretofore or hereafter
recognized by the Interstate Commerce Commission for
which routes rate tariffs have been or shall hereafter be
filed with said commission when such routes are in part
over Canadian rail lines and their own or other connect- Date for taking
ing water facilities: Provided further, That this section River deferred.
shall not become effective upon the Yukon River until
the Alaska Railroad shall be completed and the Shipping
Board shall find that proper facilities will be furnished
for transportation by persons citizens of the United
States for properly handling the traffic.
effect on Yukon
'sec. 884.
Through prefer-
allowed only
ried in American
SEC. 28. That no common carrier shall charge, collect, U.S. C., Title 46.
or receive, for transportation subject to the Interstate 41 Stat. 999.
Commerce Act of persons or property, under any joint ential rates to be
rate, fare, or charge, or under any export, import, or when property or
other proportional rate, fare, or charge, which is based in passengers car-
whole or in part on the fact that the persons or property vessels.
affected thereby is to be transported to, or has been
transported from any port in a possession or dependency
of the United States, or in a foreign country, by a carrier
by water in foreign commerce, any lower rate, fare, or
charge than that charged, collected, or received by it for
the transportation of persons, or of a like kind of property,
for the same distance, in the same direction, and over the
same route, in connection with commerce wholly within
the United States, unless the vessel so transporting such
persons or property is, or unless it was at the time of
such transportation by water, documented under the
laws of the United States. Whenever the board is of
50
merce Commis-
Interstate Com- the opinion, however, that adequate shipping facilities
sion may suspend to or from any port in a possession or dependency of the
provision if ship- United States or a foreign country are not afforded by
facilities
inadequate.
vessels so documented, it shall certify this fact to the
Interstate Commerce Commission, and the commission
may, by order, suspend the operation of the provisions
of this section with respect to the rates, fares, and charges
for the transportation by rail of persons and property
transported from, or to be transported, to such ports, for
such length of time and under such terms and conditions
as it may prescribe in such order, or in any order sup-
plemental thereto. Such suspension of operation of the
provisions of this section may be terminated by order
of the commission whenever the board is of the opinion
U. S. C., Title 46, that adequate shipping facilities by such vessels to such
ports are afforded and shall so certify to the commission.
SEC. 29. (a) That whenever used in this section-
sec. 885.
41 Stat. 1000.
Definitions:
"Association."
'Marine insur-
ance companies."
Marine insurance
associations
exempt from
antitrust laws.
(1) The term "association" means any association,
exchange, pool, combination, or other arrangement for
concerted action; and
(2) The term "marine insurance companies means
any persons, companies, or associations, authorized to
write marine insurance or reinsurance under the laws of
the United States or of a State, Territory, District, or
possession thereof.
(b) Nothing contained in the "antitrust laws" as
designated in section 1 of the Act entitled "An Act to
supplement existing laws against unlawful restraints and
monopolies, and for other purposes," approved October
15, 1914, shall be construed as declaring illegal an associ-
ation entered into by marine insurance companies for
the following purposes: To transact a marine insurance
and reinsurance business in the United States and in
foreign countries and to reinsure or otherwise apportion
among its membership the risks undertaken by such
U. S. C., Title 46, association or any of the component members.
sec. 911.
41 Stat. 1000.
Ship mortgage
act, 1920.
Definitions:
"Document."
"Documented."
"Port of docu-
mentation.'
"Vessel."
SEC. 30. Subsection A. That this section may be cited.
as the "Ship Mortgage Act, 1920."
DEFINITIONS
Subsection B. When used in this section-
(1) The term "document" includes registry and en-
rollment and license:
(2) The term "documented" means registered or en-
rolled or licensed under the laws of the United States,
whether permanently or temporarily;
(3) The term "port of documentation" means the
port at which the vessel is documented in accordance.
with law;
(4) The term "vessel of the United States" means
any vessel documented under the laws of the United
States and such vessel shall be held to continue to be so
documented until its documents are surrendered with
the approval of the board; and
51
(5) The term "mortgagee" in the case of a mortgage "Mortgagee.”
involving a trust deed and a bond issue thereunder,
means the trustee designated in such deed.
RECORDING OF SALES, CONVEYANCES, AND MORTGAGES OF
VESSELS OF THE UNITED STATES
sec. 921.
Subsection C. (a) No sale, conveyance, or mortgage Recording of
which, at the time such sale, conveyance, or mortgage is mortgages.
made, includes a vessel of the United States, or any u. S. C., Title 46,
portion thereof, as the whole or any part of the property 41 Stat. 1000.
sold, conveyed, or mortgaged shall be valid, in respect to
such vessel, against any person other than the grantor or
mortgagor, his heir or devisee, and a person having actual
notice thereof, until such bill of sale, conveyance, or
mortgage is recorded in the office of the collector of
customs of the port of documentation of such vessel, as
provided in subdivision (b) of this subsection.
cording.
(b) Such collector of customs shall record bills of sale, Method of re-
conveyances, and mortgages, delivered to him, in the
order of their reception, in books to be kept for that pur-
pose and indexed to show-
(1) The name of the vessel;
(2) The names of the parties to the sale, conveyance,
or mortgage;
(3) The time and date of reception of the instrument;
(4) The interest in the vessel so sold, conveyed, or
mortgaged; and
(5) The amount and date of maturity of the mortgage. Mortgage to have
Subsection D. (a) A valid mortgage which, at the time it
preferred status
it is made includes the whole of any vessel of the United Title 46,
States of 200 gross tons and upwards, shall in addition 41 Stat. 1000.
have, in respect to such vessel and as of the date of the
compliance with all the provisions of this subdivision, the
preferred status given by the provisions of subsection
M, if-
if-
dorsed on ship's
(1) The mortgage is indorsed upon the vessel's docu- Mortgage is in-
ments in accordance with the provisions of this section; documents.
(2) The mortgage is recorded as provided in subsection
C, together with the time and date when the mortgage is
so indorsed:
corded.
(3) An affidavit is filed with the record of such mort- Mortgage is re-
gage to the effect that the mortgage is made in good faith
and without any design to hinder, delay, or defraud any
existing or future creditor of the mortgagor or any lienor
of the mortgaged vessel;
(4) The mortgage does not stipulate that the mortgagee Mortgagee does
waives the preferred status thereof; and
not waive pre-
ferred status.
Citizen of United
States.
gage.'
"
(5) The mortgagee is a citizen of the United States.
(b) Any mortgage which complies in respect to any "Preferred mort-
vessel with the conditions enumerated in this subsection
is hereafter in this section called a "preferred mortgage"
as to such vessel.
52
Indorsements on
documents of
vessel.
Collector of cus-
toms to make
indorsements.
(c) There shall be indorsed upon the documents of a
vessel covered by a preferred mortgage-
(1) The names of the mortgagor and mortgagee;
(2) The time and date the indorsement is made;
(3) The amount and date of maturity of the mortgage;
and
(4) Any amount required to be indorsed by the pro-
visions of subdivision (e) or (f) of this subsection.
(d) Such indorsement shall be made (1) by the col-
lector of customs of the port of documentation of the
mortgaged vessel, or (2) by the collector of customs of
any port in which the vessel is found, if such collector is
directed to make the indorsement by the collector of
customs of the port of documentation; and no clearance
shall be issued to the vessel until such indorsement is
Vessel not to clear made. The collector of customs of the port of docu-
mentation shall give such direction by wire or letter at
the request of the mortgagee and upon the tender of the
cost of communication of such direction. Whenever any
new document is issued for the vessel, such indorsement
shall be transferred to and indorsed upon the new docu-
ment by the collector of customs.
until documents
indorsed.
Mortgage cover-
ing other prop-
(e) A mortgage which includes property other than a
erty than vessel. vessel shall not be held a preferred mortgage unless the
mortgage provides for the separate discharge of such
property by the payment of a specified portion of the
mortgage indebtedness. If a preferred mortgage so pro-
vides for the separate discharge, the amount of the por-
tion of such payment shall be indorsed upon the docu-
ments of the vessel.
Mortgage cover-
ing more than
one vessel.
U. S. C., Title 46,
sec. 923.
41 Stat. 1001.
gages to be posted
and exhibited.
(f) If a preferred mortgage includes more than one
vessel and provides for the separate discharge of each
vessel by the payment of a portion of the mortgage in-
debtedness, the amount of such portion of such payment
shall be indorsed upon the documents of the vessel. In
case such mortgage does not provide for the separate
discharge of a vessel and the vessel is to be sold upon the
order of a district court of the United States in a suit in
rem in admiralty, the court shall determine the portion
of the mortgage indebtedness increased by 20 per centum
(1) which, in the opinion of the court, the approximate
value of the vessel bears to the approximate value of all
the vessels covered by the mortgage, and (2) upon the
payment of which the vessel shall be discharged from the
mortgage.
Subsection E. The collector of customs upon the re-
cording of a preferred mortgage shall deliver two certi-
Copies of mort-fied copies thereof to the mortgagor who shall place, and
use due diligence to retain, one copy on board the mort-
gaged vessel and cause such copy and the documents of
the vessel to be exhibited by the master to any person
having business with the vessel, which may give rise to a
maritime lien upon the vessel or to the sale, conveyance,
or mortgage thereof. The master of the vessel shall,
53
upon the request of any such person, exhibit to him the
documents of the vessel and the copy of any preferred
mortgage of the vessel placed on board thereof.
sec. 924.
close
to dis-
mortgages to be
Exceptions.
Subsection F. The mortgagor (1) shall, upon request U. s. C., Title 46,
of the mortgagee, disclose in writing to him prior to the 41 Stat. 1002.
execution of any preferred mortgage, the existence of any Mortgagor liens,
maritime lien, prior mortgage, or other obligation or mortgages, etc.
liability upon the vessel to be mortgaged, that is known No new liens or
to the mortgagor, and (2), without the consent of the made until mort-
mortgagee, shall not incur, after the execution of such gage recorded.
mortgage and before the mortgagee has had a reasonable
time in which to record the mortgage and have indorse-
ments in respect thereto made upon the documents of the
vessel, any contractual obligation creating a lien upon the
vessel other than a lien for wages of stevedores when em-
ployed directly by the owner, operator, master, ship's hus-
band, or agent of the vessel, for wages of the crew of the
vessel, for general average, or for salvage, including con-
tract salvage, in respect to the vessel.
sec. 925.
claim of lien.
Subsection G. (a) The collector of customs of the port U. S. C., Title 46,
of documentation shall, upon the request of any person, 41 Stat. 1002.
record notice of his claim of a lien upon a vessel covered Recording of
by a preferred mortgage, together with the nature, date of Notice of dis-
creation, and amount of the lien, and the name and charge.
address of the person. Any person who has caused
notice of his claim of lien to be so recorded shall, upon a
discharge in whole or in part of the indebtedness, forth-
with file with the collector of customs a certificate of such
discharge. The collector of customs shall thereupon
record the certificate.
Such
(b) The mortgagor, upon a discharge in whole or in part Discharge of
of the mortgage indebtedness, shall forthwith file with mortgage.
the collector of customs for the port of documentation
of the vessel, a certificate of such discharge.
collector of customs shall thereupon record the certificate.
In case of a vessel covered by a preferred mortgage, the
collector of customs at the port of documentation shall
(1) indorse upon the documents of the vessel, or direct
the collector of customs at any port in which the vessel
is found, to so indorse, the fact of such discharge, and (2)
shall deny clearance to the vessel until such indorsement
is made.
sec. 926.
Subsection H. (a) No bill of sale, conveyance, or mort- U. S. C., Title 46,
gage shall be recorded unless it states the interest of the 41 Stat. 1002.
grantor or mortgagor in the vessel, and the interest so Bills of sale,
sold, conveyed, or mortgaged.
mortgages, etc.,
to show interest
of parties.
discharges, etc.,
(b) No bill of sale, conveyance, mortgage, notice of Bills of sale,
claim of lien, or certificate of discharge thereof, shall be mortgages, liens,
recorded unless previously acknowledged before a notary to be acknowl-
public or other officer authorized by a law of the United edged.
States, or of a State, Territory, District, or possession
thereof, to take acknowledgment of deeds.
54
1
Requirements for
recording mort-
gages, bills of
port of documen-
tation.
(c) In case of a change in the port of documentation
of a vessel of the United States, no bill of sale, conveyance,
sale, etc., at new or mortgage shall be recorded at the new port of docu-
mentation unless there is furnished to the collector of
customs of such port, together with the copy of the bill
of sale, conveyance, or mortgage to be recorded, a certi-
fied copy of the record of the vessel at the former port
of documentation furnished by the collector of such port.
The collector of customs at the new port of documenta-
tion is authorized and directed to record such certified
copy.
Interest on pre-
ferred mortgages.
U. S. C., Title 46,
sec. 927.
41 Stat. 1002.
Inspection of
records.
Copies of mort-
gages, bills of
sale, notice of
liens, certificate
of discharge, etc.,
to be furnished.
Fees.
U. S. C., Title 46,
sec. 941.
License of master
to exhibit mort-
(d) A preferred mortgage may bear such rate of in-
terest as is agreed by the parties thereto.
Subsection I. Each collector of customs shall permit
records made under the provisions of this section to be
inspected during office hours, under such reasonable
regulations as the collector may establish. Upon the
request of any person the collector of customs shall
furnish him from the records of the collector's office (1)
a certificate setting forth the names of the owners of any
vessel, the interest held by each owner, and the material
facts as to any bill of sale or conveyance of, any mortgage
covering, or any lien or other incumbrance upon, a
specified vessel, (2) a certified copy of any bill of sale,
conveyance, mortgage, notice of claim of lien, or certificate
of discharge in respect to such vessel, or (3) a certified
copy as required by subdivision (c) of subsection H.
The collector of customs shall collect a fee for any bill
of sale, conveyance, or mortgage recorded, or any certifi-
cate or certified copy furnished, by him, in the amount
of 20 cents a folio with a minimum charge of $1.00. All
such fees shall be covered into the Treasury of the United
States as miscellaneous receipts.
9
PENALTIES
Subsection J. (a) If the master of the vessel willfully
41 Stat. 1003. fails to exhibit the documents of the vessel or the copy
may be sus- of any preferred mortgage thereof, as required by subsec-
pended for failure tion E, the board of local inspectors of vessels having
gage documents jurisdiction of the license of the master may suspend or
cancel such license, subject to the provisions of "An Act
to provide for appeals from decision of boards of local
inspectors of vessels and for other purposes," approved
June 10, 1918.
of vessel, etc.
Penalty for fail-
ure to disclose
mortgages, liens,
obligations, etc.,
or create contrac-
tual liabilities
before mortgage
is recorded.
(b) A mortgagor who, with intent to defraud, violates
any provision of subsection F, and if the mortgagor is a
corporation or association, the president or other prin-
cipal executive officer of the corporation or association,
shall upon conviction thereof be held guilty of a mis-
demeanor and shall be fined not more than $1,000 or
imprisoned not more than 2 years, or both. The mort-
gaged indebtedness shall thereupon become immediately
due and payable at the election of the mortgagee.
55
of cus-
to perform duties.
ject to penalty.
(c) If any person enters into any contract secured by, Collector or us
or upon the credit of, a vessel of the United States covered penalty for failure
by a preferred mortgage, and suffers pecuniary loss by
reason of the failure of the collector of customs, or any
officer, employee, or agent thereof, properly to perform
any duty required of the collector under the provisions of
this section, the collector of customs shall be liable to
such person for damages in the amount of such loss. If
any such person is caused any such loss by reason of the
failure of the mortgagor, or master of the mortgaged Mortgagor sub-
vessel, or any officer, employee, or agent thereof, to com-
ply with any provision of subsection E or F or to file an
affidavit as required by subdivision (a) of subsection D,
correct in each particular thereof, the mortgagor shall be
liable to such person for damages in the amount of such District and
loss. The district courts of the United States are given have jurisdiction
jurisdiction (but not to the exclusion of the courts of the of offenses.
several States, Territories, Districts, or possessions) of
suits for the recovery of such damages, irrespective of
the amount involved in the suit or the citizenship of the
parties thereto. Such suit shall be begun by personal Service.
service upon the defendant within the limits of the dis-
trict. Upon judgment for the plaintiff in any such suit,
the court shall include in the judgment an additional Costs.
amount for costs of the action and a reasonable counsel's
fee, to be fixed by the court.
FORECLOSURE OF PREFERRED MORTGAGES
State courts to
sec. 951.
Preferred mort-
liens.
District courts to
Subsection K. A preferred mortgage shall constitute U.S. C., Title 46,
a lien upon the mortgaged vessel in the amount of the 41 Stat. 1003.
outstanding mortgage indebtedness secured by such gages to consti-
vessel. Upon the default of any term or condition of tute maritime
the mortgage, such lien may be enforced by the mort- Enforceable by
gagee by suit in rem in admiralty. Original jurisdiction suit in rem in
of all such suits is granted to the district courts of the admiralty.
United States exclusively. In addition to any notice by have jurisdiction.
publication, actual notice of the commencement of any Notice of suit.
such suit shall be given by the libellant, in such manner
as the court shall direct, to (1) the master, other ranking
officer, or caretaker of the vessel, and (2) any person
who has recorded a notice of claim of an undischarged
lien upon the vessel, as provided in subsection G, unless
after search by the libellant satisfactory to the court,
such mortgagor, master, other ranking officer, caretaker,
or claimant is not found within the United States. Fail- Penalty for fail-
ure to give
ure to give notice to any such person, as required by this
subsection, shall not constitute a jurisdictional defect;
but the libellant shall be liable to such person for damages
in the amount of his interest in the vessel terminated by
the suit. Suit in personam for the recovery of such
damages may be brought in accordance with the provi- sonam.
sions of subdivision (c) of subsection J.
notice.
Suits in per-
56
Appointment of
receiver may
operate vessel.
Marshal may
take possession of
vessel.
"Preferred mari-
time lien."
Sale by foreclo-
sure to give title
clear of liens.
Foreclosure pro-
ceedings to settle
Il liens.
Iriorities.
Suit in personam
on default of
mortgagor.
Mortgage on
property other
than vessels not
enforceable in
rem.
U. S. C., Title 46,
sec. 961.
41 Stat. 1004.
surrender of doc-
Subsection L. In any suit in rem in admiralty for the
enforcement of the preferred mortgage lien, the court
may appoint a receiver and, in its discretion, authorize
the receiver to operate the mortgaged vessel.
The mar-
shal may be authorized and directed by the court to take
possession of the mortgaged vessel notwithstanding the
fact that the vessel is in the possession or under the con-
trol of any person claiming a possessory common-law
lien.
Subsection M. (a) When used hereinafter in this sec-
tion, the term "preferred maritime lien" means (1) a lien
arising prior in time to the recording and indorsement of
a preferred mortgage in accordance with the provisions.
of this section; or (2) a lien for damages arising out of
tort, for wages of a stevedore when employed directly by
the owner, operator, master, ship's husband, or agent of
the vessel, for wages of the crew of the vessel, for general
average, and for salvage, including contract salvage.
(b) Upon the sale of any mortgaged vessel by order of
a district court of the United States in any suit in rem in
admiralty for the enforcement of a preferred mortgage
lien thereon, all preexisting claims in the vessel, includ-
ing any possessory common-law lien of which a lienor is
deprived under the provisions of subsection L shall be
held terminated and shall thereafter attach, in like
amount and in accordance with their respective priorities,
to the proceeds of the sale; except that the preferred
mortgage lien shall have priority over all claims against
the vessel, except (1) preferred maritime liens, and (2)
expenses and fees allowed and costs taxed by the court.
Subsection N. (a) Upon the default of any term or
condition of a preferred mortgage upon a vessel, the
mortgagee may, in addition to all other remedies granted
by this section, bring suit in personam in admiralty in a
district court of the United States, against the mortgagor
for the amount of the outstanding mortgage indebtedness
secured by such vessel or any deficiency in the full pay-
ment thereof.
(b) This section shall not be construed, in the case of
a mortgage covering, in addition to vessels, realty or per-
sonalty other than vessels, or both, to authorize the en-
forcement by suit in rem in admiralty of the rights of the
mortgagee in respect to such realty or personalty other
than vessels.
TRANSFERS OF MORTGAGED VESSELS AND ASSIGNMENT OF
VESSEL MORTGAGES
Subsection O. (a) The documents of a vessel of the
United States covered by a preferred mortgage may not
Board to approve be surrendered (except in the case of the forfeiture of the
vessel or its sale by the order of any court of the United
States or any foreign country) without the approval of
the board. The board shall refuse such approval unless
the mortgagee consents to such surrender.
uments of mort-
gaged vessel.
57
fected by forfei-
(b) The interest of the mortgagee in a vessel of the Mortgage una!-
United States covered by a mortgage, shall not be ter- ture of vessel to
minated by the forfeiture of the vessel for a violation of United States.
any law of the United States, unless the mortgagee
authorized, consented, or conspired to effect the illegal
act, failure, or omission which constituted such violation.
rem in admiralty
of liens.
quire new mort-
(c) Upon the sale of any vessel of the United States Sale by suit in
covered by a preferred mortgage, by order of a district to give title clear
court of the United States in any suit in rem in admiralty
for the enforcement of a maritime lien other than a pre-
ferred maritime lien, the vessel shall be sold free from all
preexisting claims thereon; but the court shall, upon the Court may re-
request of the mortgagee, the libellant, or any intervenor, gage to be given.
require the purchaser at such sale to give and the mort-
gagee to accept a new mortgage of the vessel for the
balance of the term of the original mortgage. The con- Conditions.
ditions of such new mortgage shall be the same, so far as
practicable, as those of the original mortgage and shall
be subject to the approval of the court.
If such new
mortgage is given, the mortgagee shall not be paid from
the proceeds of the sale and the amount payable as the
purchase price shall be held diminished in the amount
of the new mortgage indebtedness.
mortgage not to
foreigners.
(d) No rights under a mortgage of a vessel of the Rights under
United States shall be assigned to any person not a be assigned to
citizen of the United States without the approval of the
board. Any assignment in violation of any provision of
this section shall be void.
sold by court to
(e) No vessel of the United States shall be sold by Vessels not to be
order of a district court of the United States in any suit foreigners.
in rem in admiralty to any person not a citizen of the
United States.
MARITIME LIENS FOR NECESSARIES
sec. 971.
Furnishing of
supplies,
Subsection P. Any person furnishing repairs, supplies, U. s. C., Title 46
towage, use of dry dock or marine railway, or other nec-41 Stat. 1005.
essaries, to any vessel, whether foreign or domestic, upon Furpis, necessa-
the order of the owner of such vessel, or of a person au- ries, etc., to con-
thorized by the owner, shall have a maritime lien on the lien.
vessel, which may be enforced by suit in rem, and it shall Not necessary to
not be necessary to allege or prove that credit was given prove that credit
to the vessel.
stitute maritime
be given to vessel.
41 Stat. 1005.
necessaries and
Subsection Q. The following persons shall be pre- u. S. C., Title 46,
sumed to have authority from the owner to procure re-sec. 972.
pairs, supplies, towage, use of dry dock or marine rail- Persons who may
way, and other necessaries for the vessel: The managing create liens for
owner, ship's husband, master, or any person to whom supplies.
the management of the vessel at the port of supply is
entrusted. No person tortiously or unlawfully in posses-
sion or charge of a vessel shall have authority to bind the
vessel.
58
U. S. C., Title 46,
sec. 973.
41 Stat. 1005.
Persons ap-
Subsection R. The officers and agents of a vessel speci-
fied in subsection Q shall be taken to include such officers
pointed by char- and agents when appointed by a charterer, by an owner
terers, owner pro pro hac vice, or by an agreed purchaser in possession of
may create liens. the vessel; but nothing in this section shall be construed
hac vice, etc.,
U. S. C., Title 46,
sec. 974.
41 Stat. 1006.
Lienors or mort-
gagees may waive
lien.
Preferred mort-
preferred status.
gagee may waive
Act not to affect
to confer a lien when the furnisher knew, or by exercise
of reasonable diligence could have ascertained, that be-
cause of the terms of a charter party, agreement for sale
of the vessel, or for any other reason, the person ordering
the repairs, supplies, or other necessaries was without
authority to bind the vessel therefor.
Subsection S. Nothing in this section shall be con-
strued to prevent the furnisher of repairs, supplies, tow-
age, use of dry dock or marine railway, or other necessa-
ries, or the mortgagee, from waiving his right to a lien, or
in the case of a preferred mortgage lien, to the preferred
status of such lien, at any time, by agreement or other-
wise; and this section shall not be construed to affect the
rules of law now existing in regard to (1) the right to
proceed against the vessel for advances, (2) laches in the
Right to proceed enforcement of liens upon vessels, (3) the right to proceed
in personam, (4) the rank of preferred maritime liens
Priority between among themselves, or (5) priorities between maritime
maritime liens. liens and mortgages, other than preferred mortgages,
upon vessels of the United States.
law relating to
advances.
Laches.
in personam.
Rank between
maritime liens.
State statutes
creating liens for
necessaries, sup-
plies, etc., super-
seded.
U. 8. C., Title 46,
sec. 981.
41 Stat. 1006.
Subsection T. This section shall supersede the provi-
sions of all State statutes conferring liens on vessels, in so
far as such statutes purport to create rights of action to
be enforced by suits in rem in admiralty against vessels
for repairs, supplies, towage, use of dry dock or marine
railway, and other necessaries.
MISCELLANEOUS PROVISIONS
Subsection U. This section shall not apply (1) to any
existing mortgage, or (2) to any mortgage hereafter
gages unaffected. placed on any vessel now under an existing mortgage, so
long as such existing mortgage remains undischarged.
Existing mort-
Secretary of
nish books, rec-
Subsection V. The Secretary of Commerce is author-
Commerce to fur-ized and directed to furnish collectors of customs with
ords, forms, etc., all necessary books and records, and with certificates of
registry and of enrollment and license in such form as
provides for the making of all indorsements thereon
required by this section.
under this
section.
Secretary of
Commerce to
make necessary
Subsection W. The Secretary of Commerce is author-
ized to make such regulations in respect to the recording
rules and regula- and indorsing of mortgages covering vessels of the United
States, as he deems necessary to the efficient execution
of the provisions of this section.
tions relating to
recording of
mortgages, etc.
Maritime Lien
Act, 1910,
repealed.
Subsection X. Sections 4192 to 4196, inclusive, of the
Revised Statutes of the United States, as amended, and
the Act entitled "An Act relating to liens on vessels for
repairs, supplies, or other necessaries," approved June
23, 1910, are repealed. This section, however, so far as
59
not inconsistent with any of the provisions of law so
repealed, shall be held a reenactment of such repealed
law, and any right or obligation based upon any provi-
sion of such law and accruing prior to such repeal, may
be prosecuted in the same manner and to the same effect
as if this Act had not been passed.
Seamen may only
demand half of
wages once in five
same port.
SEC. 31. That section 4530 of the Revised Statutes of
the United States is amended to read as follows:
"SEC. 4530. Every seaman on a vessel of the United days or once in
States shall be entitled to receive on demand from the
master of the vessel to which he belongs one-half part of
the balance of his wages earned and remaining unpaid at
the time when such demand is made at every port where
such vessel, after the voyage has been commenced, shall
load or deliver cargo before the voyage is ended, and all
stipulations in the contract to the contrary shall be void:
Provided, Such a demand shall not be made before the
expiration of, nor oftener than once in, five days nor more
than once in the same harbor on the same entry. Any
failure on the part of the master to comply with this de-
mand shall release the seaman from his contract and he
shall be entitled to full payment of wages earned. And
when the voyage is ended every such seaman shall be
entitled to the remainder of the wages which shall be
then due him, as provided in section 4529 of the Revised
Statutes: Provided further, That notwithstanding any re-
lease signed by any seaman under section 4552 of the
Revised Statutes any court having jurisdiction may upon
good cause shown set aside such release and take such
action as justice shall require: And provided further,
That this section shall apply to seamen on foreign ves-
sels while in harbors of the United States, and the courts
of the United States shall be open to such seamen for its
enforcement."
•
wages in advance
where same is
SEC. 32. That paragraph (a) of section 10 of the act Payment of
entitled "An Act to remove certain burdens on the Ameri- in countries
can merchant marine and encourage the American for- legal made illegal.
eign carrying trade, and for other purposes," approved
June 26, 1884, as amended, is hereby amended to read as
follows:
"SEC. 10. (a) That it shall be, and is hereby, made un
lawful in any case to pay any seaman wages in advance
of the time when he has actually earned the same, or to
pay such advance wages, or to make any order, or note, or
other evidence of indebtedness therefor to any other per-
son, or to pay any person, for the shipment of seamen
when payment is deducted or to be deducted from a
seaman's wages. Any person violating any of the fore-
going provisions of this section shall be deemed guilty of
a misdemeanor, and upon conviction shall be punished by
a fine of not less than $25 nor more than $100, and may
also be imprisoned for a period of not exceeding six
months, at the discretion of the court. The payment
of such advance wages or allotment, whether made within
60
Seamen suffering
personal injuries
given right of
trial by jury.
Acts relating to
personal injury of
ees extended to
Suit for death by
railway employ-
seamen.
wrongful act at
sea may be main-
tained at law
with right of
trial by jury.
or without the United States or territory subject to the
jurisdiction thereof, shall in no case except as herein pro-
vided absolve the vessel or the master or the owner
thereof from the full payment of wages after the same
shall have been actually earned, and shall be no defense
to a libel suit or action for the recovery of such wages.
If any person shall demand or receive, either directly or
indirectly, from any seaman or other person seeking em-
ployment, as seaman, or from any person on his behalf,
any remuneration whatever for providing him with em-
ployment, he shall for every such offense be deemed
guilty of a misdemeanor and shall be imprisoned not more
than six months or fined not more than $500."
SEC. 33. That section 20 of such act of March 4, 1915,
be, and is, amended to read as follows:
"SEC. 20. That any seaman who shall suffer personal
injury in the course of his employment may, at his elec-
tion, maintain an action for damages at law, with the
right of trial by jury, and in such action all statutes of the
United States modifying or extending the common-law
right or remedy in cases of personal injury to railway
employees shall apply; and in case of the death of any
Acts relating to seaman as a result of any such personal injury the personal
representative of such seaman may maintain an action for
damages at law with the right of trial by jury, and in such
action all statutes of the United States conferring or
regulating the right of action for death in the case of rail-
way employees shall be applicable. Jurisdiction in such
actions shall be under the court of the district in which
the defendant employer resides or in which his principal
office is located."
death of railway
employees ex-
tended to seamen.
Treaties restrict-
ing right to
impose discrim-
inating customs
nage dues to be
duties and ton-
terminated.
U. S. C., Title 46,
sec. 886.
41 Stat. 1007.
SEC. 34. That in the judgment of Congress, articles or
provisions in treaties or conventions to which the United
States is a party, which restrict the right of the United
States to impose discriminating customs duties on im-
ports entering the United States in foreign vessels and in
vessels of the United States, and which also restrict the
right of the United States to impose discriminatory ton-
nage dues on foreign vessels and on vessels of the United
States entering the United States should be terminated,
and the President is hereby authorized and directed
within ninety days after this Act becomes law to give
notice to the several Governments, respectively, parties
to such treaties or conventions, that so much thereof as
imposes any such restriction on the United States will
terminate on the expiration of such periods as may be
required for the giving of such notice by the provisions
of such treaties or conventions.
SEC. 35. That the power and authority vested in the
board by this Act, except as herein otherwise specifically
Board may dele- provided, may be exercised directly by the board, or by
it through the United States Shipping Board Emergency
Fleet Corporation.
gate
under act to
Emergency Fleet
Corporation.
61
sec. 887.
Unconstitution-
SEC. 36. That if any provision of this Act is declared U. S. C., Title 46,
unconstitutional or the application of any provision to 41 Stat. 1007,
certain circumstances be held invalid, the remainder of ality of any pro-
the Act and the application of such provisions to circum- visions not to
stances other than those as to which it is held invalid of Act.
shall not be affected thereby.
affect remainder
Definitions same
U. S. C., Title 46,
SEC. 37. That when used in this Act, unless the context as in Shipping
otherwise requires, the terms "person," "vessel," "docu-Act.
mented under the laws of the United States," and "citi- sec. 888.
zen of the United States" shall have the meaning assigned 41 Stat. 1008.
to them by sections 1 and 2 of the "Shipping Act, 1916,"
as amended by this Act; the term "board" means the
United States Shipping Board; and the term "alien""Board"
means any person not a citizen of the United States.
SEC. 38. That section 2 of the Shipping Act, 1916, is
amended to read as follows:
States.
sec. 842.
"SEC. 2. (a) That within the meaning of this Act no Citizen of United
corporation, partnership, or association shall be deemed u. S. C., Title 46,
a citizen of the United States unless the controlling 39 Stat. 728.
interest therein is owned by citizens of the United States,
and, in the case of a corporation, unless its president and
managing directors are citizens of the United States and
the corporation itself is organized under the laws of the
United States or of a State, Territory, District, or posses-
sion thereof, but in the case of a corporation, association,
or partnership operating any vessel in the coastwise
trade the amount of interest required to be owned by
citizens of the United States shall be 75 per centum.
Controlling
"(b) The controlling interest in a corporation shall interest in cor-
not be deemed to be owned by citizens of the United poration.
States (a) if the title to a majority of the stock thereof
is not vested in such citizens free from any trust or fidu-
ciary obligation in favor of any person not a citizen of
the United States; or (b) if the majority of the voting
power in such corporation is not vested in citizens of the
United States; or (c) if through any contract or under-
standing it is so arranged that the majority of the voting
power may be exercised, directly or indirectly, in behalf
of any person who is not a citizen of the United States;
or (d) if by any other means whatsoever control of the
corporation is conferred upon or permitted to be exer-
cised by any person who is not a citizen of the United
States.
75 per centum of
'(c) Seventy-five per centum of the interest in a interest in cor-
corporation shall not be deemed to be owned by citi-poration.
zens of the United States (a) if the title to 75 per centum
of its stock is not vested in such citizens free from any
trust or fiduciary obligation in favor of any person not a
citizen of the United States; or (b) if 75 per centum of
the voting power in such corporation is not vested in
citizens of the United States; or (c) if, through any
contract or understanding it is so arranged that more
than 25 per centum of the voting power in such corpora-
46209°29 -5
62
:
Receivers, trus-
tees, successors,
or assignees.
tion may be exercised, directly or indirectly, in behalf of
any person who is not a citizen of the United States;
or (d) if by any other means whatsoever control of any
interest in the corporation in excess of 25 per centum is
conferred upon or permitted to be exercised by any
person who is not a citizen of the United States.
27
"(d) The provisions of this Act shall apply to receivers
and trustees of all persons to whom the Act applies, and
Merchant Marine to the successors or assignees of such persons.
SEC. 39. That this Act may be cited as the Merchant
U.S. C., Title 46, Marine Act, 1920.
Act, 1920.
sec. 889.
41 Stat. 1008.
Approved, June 5, 1920.
:
MERCHANT MARINE ACT, 1928
An Act To further develop an American merchant marine, to assure May 22, 1928 (8.
744).
its permanence in the transportation of the foreign trade of the Public, No. 463,
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
TITLE I-DECLARATION OF POLICY
70th Cong., 1st
sess.
sec. 1.
SEC. 1. The policy and the primary purpose declared U. S. C., Title 1,
in section 1 of the Merchant Marine Act, 1920 [U. S. C.,
Title 46, § 861], are hereby confirmed.
TITLE II-SHIPPING BOARD VESSELS
SALES BY BOARD
SEC. 201. The United States Shipping Board shall not
sell any vessel or any line of vessels except when in its
judgment the building up and maintenance of an adequate
merchant marine can be best served thereby, and then Affirmative vote
only upon the affirmative vote of five members of the of 5 members.
board duly recorded.
REMODELING AND IMPROVING
tion in foreign
SEC. 202. In addition to its power to recondition and
repair vessels under section 12 of the Merchant Marine
Act, 1920, as amended [U. S. C., Title 46, § 871], the board
may remodel and improve vessels owned by the United
States and in its possession or under its control, so as
to equip them adequately for competition in the foreign Adequate equip
trade of the United States. Any vessel so remodeled or ment for competi-
improved shall be documented under the laws of the trade.
United States and shall remain documented under such Must remain
laws for not less than five years from the date of the five years.
completion of the remodeling or improving and so long
as there remains due the United States any money or
interest on account of such vessel, and during such period
it shall be operated only on voyages which are not exclu-
sively coastwise.
REPLACEMENTS
documented for
replacement
SEC. 203. The necessity for the replacement of vessels Necessity for
owned by the United States and in the possession or under recognized.
the control of the board and the construction for the
board of additional up-to-date cargo, combination cargo
and passenger, and passenger ships, to give the United
States an adequate merchant marine, is hereby recognized,
(63)
64
to recommend
new vessels
required.
Board authorized and the board is authorized and directed to present to
Congress from time to time, recommendations setting
forth what new vessels are required for permanent opera-
tion under the United States flag in foreign trade, and the
estimated cost thereof, to the end that Congress may,
from time to time, make provision for replacements and
additions. All vessels built for the board shall be built
in the United States, and they shall be planned with
reference to their possible usefulness as auxiliaries to the
naval and military services of the United States.
To be built in
United States.
Must be useful
for naval
auxiliaries.
Aggregate
amount.
To be used in
aiding private
citizens to con-
struct vessels.
Must be in pri-
vate U. S. ship-
yards or navy
yards.
Most modern
equipment.
Meaning of word
"vessel."
TITLE III-CONSTRUCTION LOAN FUND
TERMS AND CONDITIONS OF LOANS
SEC. 301. (a) Section 11 of the Merchant Marine Act,
1920, as amended [U. S. C., Title 46, § 870; 44 Statutes.
at Large, pt. 2, 1451], is amended to read as follows:
"SEC. 11. (a) That the board may set aside, out of the
revenues from sales, including proceeds of securities con-
sisting of notes, letters of credit, or other evidences of
debt, taken by it for deferred payments on purchase
money from sales by the board, whether such securities
are to the order of the United States, the United States
Shipping Board, the United States Shipping Board
Emergency Fleet Corporation, or the United States Ship-
ping Board Merchant Fleet Corporation, either directly
or by indorsement, until the amounts thus set aside from
time to time aggregate $125,000,000. The amount thus.
set aside shall be known as the construction loan fund.
The board may use such fund to the extent it thinks
proper, upon such terms as the board may prescribe, in
making loans to aid persons citizens of the United States
in the construction by them in private shipyards or
navy yards in the United States of vessels of the best and
most efficient type for the establishment or maintenance
of service on lines deemed desirable or necessary by the
board, provided such vessels shall be fitted and equipped
with the most modern, the most efficient, and the most
economical engines, machinery, and commercial appli-
ances; or in the outfitting and equipment by them in
private shipyards or navy yards in the United States of
vessels already built, with engines, machinery, and com-
mercial appliances of the type and kind mentioned; or in
the reconditioning, remodeling, or improvement by them
in private shipyards or navy yards in the United States of
vessels already built.
"(b) The term 'vessel' or 'vessels,' where used in this
section, shall be construed to mean a vessel or vessels to
aid in whose construction, equipment, reconditioning, re-
modeling, or improvement, a loan is made from the con-
struction loan fund of the board. All such vessels shall be
documented under the laws of the United States and shall
65
than Must remain
long under United
documented
remain documented under such laws for not less
twenty years from the date the loan is made, and so
as there remains due the United States any principal or 20 years.
interest on account of such loan.
States laws for
"(c) No loan shall be made for a longer time than Period of loan.
twenty years. If it is not to be repaid within two years
from the date when the first advance on the loan is made
by the board, the principal shall be payable in equal annual
installments to be definitely prescribed in the instruments.
The loan may be paid at any time, on thirty days' written
notice to the board, with interest computed to date of notice.
payment.
66
30 days' written
(d) All such loans shall bear interest at rates as fol- Interest.
lows, payable not less frequently than annually: During
any period in which the vessel is operated exclusively in
coastwise trade, or is inactive, the rate of interest shall be
as fixed by the board, but not less than 54 per centum per
annum. During any period in which the vessel is oper-
ated in foreign trade the rate shall be the lowest rate of
yield (to the nearest one-eighth of 1 per centum) of any
Government obligation bearing a date of issue subsequent
to April 6, 1917 (except postal-savings bonds), and out-
standing at the time the loan is made by the board, as
certified by the Secretary of the Treasury to the board
upon its request. The board may prescribe rules for
determining the amount of interest payable under the
provisions of this paragraph.
6.6
three-fourths of
'(e) No loan shall be for a greater sum than three- Not more than
fourths the cost of the vessel or vessels to be constructed cost of vessel.
or than three-fourths the cost of the reconditioning,
remodeling, improving, or equipping herein before author-
ized for a vessel already built.
(f) The board shall require such security as it shall Security.
deem necessary to insure the completion of the construc-
tion, reconditioning, remodeling, improving, or equipping
of the vessel within a reasonable time and the repayment
of the loan with interest; when the construction, recondi-
tioning, remodeling, improving, or equipping of the vessel is
completed the security shall include a preferred mortgage
on the vessel, complying with the provisions of the Ship Ship Mortgage
Mortgage Act, 1920 (U. S. C., Title 46, Chap. 25], which Act of 1920.
mortgage shall contain appropriate covenants and pro-
visions to insure the proper physical maintenance of the
vessel, and its protection against liens for taxes, penalties,
claims, or liabilities of any kind whatever, which might
impair the security for the debt. It shall also contain
any other covenants and provisions the board may pre-
scribe, including a provision for the summary maturing
of the entire debt, for causes to be enumerated in the
mortgage.
(g) The board shall also require and the security Insurance.
furnished shall provide that the owner of the vessel shall
keep the same insured against loss or damage by fire, and
against marine risks and disasters, and against any and
66
Sec. 11, Merchant
Marine Act, 1920.
Increase.
Continues as
revolving fund.
all other insurable risks the board specifies, with such
insurance companies, associations, or underwriters, and
under such forms of policies, and to such an amount, as
the board may prescribe or approve; such insurance shall
be made payable to the board and/or to the parties, as
interest may appear.
The board is authorized to enter
into any agreement that it deems wise in respect to the
payment and for the guaranty of premiums of insurance."
(b) Section 11 of the Merchant Marine Act, 1920, as
in force immediately prior to the enactment of this Act,
shall remain in force in respect of all loans made before
the enactment of this Act.
INCREASE OF CONSTRUCTION LOAN FUND
SEC. 302. (a) There is authorized to be appropriated,
to be credited to and for the purposes of the construction
loan fund created by section 11 of the Merchant Marine
Act, 1920, as amended, such amounts as will, when added
to the amounts credited to such fund by the United States
Shipping Board under authority of law (exclusive of re-
payments on loans from the fund), make the aggregate of
the amounts credited to such fund (exclusive of such
repayments) equal to $250,000,000.
(b) When $250,000,000 has been credited to such fund
(whether by the board under authority of law or from
appropriations authorized by this section, but exclusive
of repayments on loans from the fund) then no further
sums (except such repayments) shall be credited by the
board to such fund.
(c) The construction loan fund shall continue to be a
revolving fund. Repayments on loans from the fund
Interest covered shall be credited to the fund, but interest on such loans
shall be covered into the Treasury as miscellaneous
receipts.
into Treasury.
What mails
carried.
Postmaster Gen-
eral to certify
routes.
TITLE IV.-OCEAN MAIL SERVICE
SCOPE OF TITLE
SEC. 401. All mails of the United States carried on
vessels between ports (exclusive of ports in the Dominion
of Canada other than ports in Nova Scotia) between
which it is lawful under the navigation laws for a vessel
not documented under the laws of the United States to
carry merchandise shall, if practicable, be carried on
vessels in respect of which a contract is made under this
title.
REQUIREMENTS OF POSTAL SERVICE
SEC. 402. As soon as practicable after the enactment
of this Act, and from time to time thereafter, it shall be
the duty of the Postmaster General to certify to the
United States Shipping Board what ocean mail routes, in
his opinion, should be established and/or operated for the
67
carrying of mails of the United States between ports
(exclusive of ports in the Dominion of Canada other than
ports in Nova Scotia) between which it is lawful under the
navigation laws for a vessel not documented under the
laws of the United States to carry merchandise, dis-
tributed so as equitably to serve the Atlantic, Mexican
Gulf, and Pacific coast ports, the volume of mail then For adequate
moving over such routes and the estimated volume thereof postal service.
during the next five years, the times deemed by him
advisable for the departure of the vessels carrying such
mails, and other requirements necessary to provide an
adequate postal service between such ports.
RECOMMENDATIONS BY SHIPPING BOARD
General.
SEC. 403. The board shall, as soon as practicable after Board to certify
receipt of such certification from the Postmaster General, to Postmaster
determine and certify to him the type, size, speed, and
other characteristics of the vessels which should be em-
ployed on each such route, the frequency and regularity
of their sailings, and all other facts which bear upon the
capacity of the vessels to meet the requirements of the
service stated by the Postmaster General. The board in
making its determination shall take into consideration
the desirability of having the mail service performed by
vessels constructed in accordance with the latest and
most approved types, with modern improvements and
appliances.
AUTHORITY TO MAKE CONTRACTS
make contracts.
SEC. 404. The Postmaster General is authorized to Postmaster Gen-
enter into contracts with citizens of the United States eral authorized to
whose bids are accepted, for the carrying of mails between
ports (exclusive of ports in the Dominion of Canada other
than ports in Nova Scotia) between which it is lawful
under the navigation laws for a vessel not documented
under the laws of the United States to carry merchandise.
He shall include in such contracts such requirements and
conditions as in his best judgment will insure the full and
efficient performance thereof and the protection of the
interests of the Government. Performance under any
such contract shall begin not more than three years after
the contract is let, and the term of the contract shall not
exceed ten years.
VESSELS
SEC. 405. (a) The vessels employed in ocean-mail Vessels must be
steel; other
service under a contract made under this title shall be qualifications.
steel vessels, shall be steam or motor vessels, and shall be
either (1) American-built and registered under the laws
of the United States during the entire time of such em-
ployment, or (2) registered under the laws of the United
States not later than February 1, 1928, and so registered
during the entire time of such employment, or (3) actu-
68
naval auxiliary
All licensed offi-
cers must be
American clti-
zens.
ally ordered and under construction for the account of
citizens of the United States prior to February 1, 1928,
and registered under the laws of the United States during
the entire time of such employment.
(b) A vessel for the services of which a contract is
entered into under authority of this title, and the con-
struction of which is hereafter begun, shall be either (1)
Must be useful as a vessel constructed, according to plans and specifica-
tions approved by the Secretary of the Navy, with par-
ticular reference to economical conversion into an aux-
iliary naval vessel, or (2) a vessel which will be otherwise
useful to the United States in time of national emergency.
(c) From and after the enactment of this Act, all
licensed officers of vessels documented under the laws of
the United States, as now required by law, shall be citi-
zens of the United States; from and after the enactment
of this Act and for a period of four years, upon cach de-
parture from the United States of a vessel employed in
ocean-mail service under this title, one-half of the crew
(crew including all employees of the ship other than offi-
cers) shall be citizens of the United States and, thereafter,
two-thirds of the crew as above defined shall be citizens
of the United States.
Qualifications of
crew.
Postmaster Gen-
eral must adver-
tise.
Lowest bidder.
ADVERTISING FOR BIDS
SEC. 406. Before making any contract for carrying
ocean mails under this title the Postmaster General shall
give public notice by advertisement once a week for three
weeks in such daily newspapers as he shall select in each
of the cities of Boston, New York, Philadelphia, Balti-
more, New Orleans, Charleston, Norfolk, Savannah,
Jacksonville, Galveston, Houston, and Mobile, calling
for bids for carrying of such ocean mails; or when the
proposed service is to be on the Pacific Ocean then in
Los Angeles, San Francisco, Portland, Tacoma, and
Seattle. Such notice shall describe the proposed route,
the time when such contract will be made, the number of
trips a year, the schedule required, the time when the
service shall commence, the character of the vessels re-
quired, and all other information deemed by the Post-
master General to be necessary to inform prospective
bidders as to the character of the service to be required.
AWARDING CONTRACTS
SEC. 407. Each contract for the carrying of ocean mails
under this title shall be awarded to the lowest bidder who,
in the judgment of the Postmaster General, possesses
such qualifications as to insure proper performance of the
mail service under the contract.
1
69
CLASSIFICATION OF VESSELS
SEC. 408. (a) The vessels employed in ocean-mail ser-
vice under this title shall be divided into classes as
follows:
Class 7. Vessels capable of maintaining a speed of 10
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 2,500 tons.
Class 6. Vessels capable of maintaining a speed of 10
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 4,000 tons.
Class 5. Vessels capable of maintaining a speed of 13
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 8,000 tons.
Class 4. Vessels capable of maintaining a speed of 16
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 10,000 tons.
Class 3. Vessels capable of maintaining a speed of 18
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 12,000 tons.
Class 2. Vessels capable of maintaining a speed of 20
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 16,000 tons.
Class 1. Vessels capable of maintaining a speed of 24.
knots at sea in ordinary weather, and of a gross registered
tonnage of not less than 20,000 tons.
(b) The classification of a vessel may be based upon its
speed without regard to its tonnage if the Postmaster
General is of opinion that speed is especially important
on the particular route on which the vessel is to be em-
ployed, and that a suitable vessel documented under the
laws of the United States of a higher classification is not
available on reasonable terms and conditions, or, on
account of the character of the ports served or for other
reasons, can not be safely or economically employed on
such route.
COMPENSATION UNDER CONTRACTS
SEC. 409. (a) The rate of compensation to be paid Rate of compen-
under this title for ocean-mail service shall be fixed in sation.
the contract. Such rate shall not exceed: For vessels of
Class 7, $1.50 per nautical mile; for vessels of Class 6,
$2.50 per nautical mile; for vessels of Class 5, $4 per
nautical mile; for vessels of Class 4, $6 per nautical mile;
for vessels of Class 3, $8 per nautical mile; for vessels of
Class 2, $10 per nautical mile; and for vessels of Class 1,
$12 per nautical mile. As used in this section the term
"nautical mile" means 6,080 feet.
pensation.
(b) When the Postmaster General is of opinion that Increase in com
the interests of the postal service will be served thereby,
he may, in the case of a vessel of class 1 capable of main-
taining a speed in excess of 24 knots at sea in ordinary
weather, contract for the payment of compensation in
70
Airplanes and
airships.
Nautical miles.
tions.
excess of the maximum compensation authorized in sub-
section (a), but the compensation per nautical mile
authorized by this subsection shall not be greater than
an amount which bears the same ratio to $12 as the
speed which such vessel is capable of maintaining at sea
in ordinary weather bears to 24 knots.
(c) If the Postmaster General is of opinion that to
expedite and maintain satisfactory service under a con-
tract made under this title, airplanes or airships are
required to be used in conjunction with vessels, he may
allow additional compensation, in amounts to be deter-
mined by him, on account of the use of such airplanes or
airships. Such airplanes or airships shall be American-
built and owned, officered, and manned by citizens of
the United States.
(d) The Postmaster General shall determine the
number of nautical miles by the shortest practicable
route between the ports involved and payments under any
contract made under this title shall be made for such
number of miles on each outward voyage regardless.
of the actual mileage traveled.
VIOLATION OF CONTRACT
SEC. 410. In the case of failure of a vessel from any
cause to perform any regular voyage required by a con-
Pro rata deduc- tract made under this title, a pro rata deduction shall
be made from the contract price on account of such omit-
ted voyage; and suitable deductions, to be determined
by the Postmaster General, may be made from the com-
pensation payable under the contract for delays, failures
to properly safeguard the mails, or other irregularities
in the performance of the contract. Deductions so
determined upon shall be deducted by the Postmaster
General from the payments otherwise due and payable
under the terms of the contract. The Postmaster
Substitution of General may, in case of emergency, permit the substitu-
tion for a particular voyage of a vessel not within the
provisions of the contract, even though not conforming
to the requirements of section 405.
vessel.
May volunteer
on half pay.
PASSENGERS, FREIGHT, AND EXPRESS
SEC. 411. Any vessel operating under a contract made
under this title may carry passengers and their baggage,
and freight and express, and may do all ordinary busi-
ness done by similar vessels.
NAVAL OFFICERS
SEC. 412. Naval officers of the United States on the
active list may volunteer for service on any vessel em-
ployed in mail service under a contract made under the
provisions of this title, and when accepted by the owner
or master thereof may be assigned to such duty by the
71
Secretary of the Navy. While in such employment
such officers shall receive from the Government half pay,
exclusive of allowances, and such other compensation
from the owner or master as may be agreed upon by the
parties; but such officers while in such employment shall
be required to perform only such duties as appertain
to the merchant marine.
MAIL MESSENGERS
SEC. 413. Upon each vessel employed in ocean mail
service under à contract made under this title, the Post-
master General shall be entitled to have transported such
mail messengers as he may require, for whom shall be
provided subsistence, suitable staterooms, and working
quarters, all free of charge.
AMENDMENTS AND REPEALS
SEC. 414. (a) Section 24 of the Merchant Marine Act,
1920 [U. S. C., Title 46, § 880], is amended to read as
follows:
"SEC. 24. That all mails of the United States shipped Sec. 24.
or carried on vessels shall, if practicable, be shipped or
carried on American-built vessels documented under the
laws of the United States. No contract hereafter made
with the Postmaster General for carrying mails on vessels
so built and documented shall be assigned or sublet, and
no mails covered by such contract shall be carried on any
vessel not so built and documented. No money shall be
paid out of the Treasury of the United States on or in
relation to any such contract for carrying mails on vessels.
so built and documented when such contract has been
assigned or sublet or when mails covered by such contract
are in violation of the terms thereof carried on any vessel
not so built and documented. This section shall not be
applicable in the case of contracts made under Title IV
of the Merchant Marine Act, 1928."
(b) Section 7 of the Merchant Marine Act, 1920 [U. S. Sec. 7.
C., Title 46, § 866], is amended by striking out so much
thereof as reads as follows: "The Postmaster General is
authorized, notwithstanding the Act entitled 'An Act to
provide for ocean mail service between the United States
and foreign ports, and to promote commerce,' approved
March 3, 1891, to contract for the carrying of the mails
over such lines at such price as may be agreed upon by
the board and the Postmaster General."
(c) The Act entitled "An Act to provide for ocean mail
service between the United States and foreign ports, and
to promote commerce," approved March 3, 1891 [U. Ś. C.,
Title 39, §§ 657-665], is repealed.
(d) So much of the Act entitled "An Act making appro-
priations for the service of the Post Office Department
for the fiscal year ending June 30, 1918, and for other
72
Contracts made
prior to enact-
ment.
Extension of
contracts.
chant Marine
Act, 1920.
purposes," approved March 3, 1917, as provides for con-
tracts for the carrying of mails between the United States
and Great Britain (U. S. C., Title 39, § 666], is repealed.
(e) Subdivision (b) of section 4009 of the Revised Stat-
utes, as amended [44 Statutes at Large, pt. 2, 900], is
amended to read as follows:
"(b) The provisions of subdivision (a) of this section
shall not limit the compensation for transportation of
mail which the Postmaster General may pay under con-
tracts entered into in accordance with the provisions of
section 4007 of the Revised Statutes [U. S. C., Title 39,
§ 652], section 24 of the Merchant Marine Act, 1920
[U. S. C., Title 46, § 880], or Title IV of the Merchant
Marine Act, 1928.'
(f) Any contract made prior to the enactment of this
Act shall remain in force and effect in the same manner
and to the same extent as though this Act had not been
enacted. Any such contract which expires on June 30,
1928, may be extended for a period of not more than one
year from such date.
TITLE V-INSURANCE FUND
SEC. 501. Section 10 of the Merchant Marine Act, 1920
[U. S. C., Title 46, § 869], is amended to read as follows:
"SEC. 10. That the board may create out of insurance
See sec. 10, Mer- premiums, and revenue from operations and sales, and
maintain and administer separate insurance funds which
it may use to insure in whole or in part against all hazards
commonly covered by insurance policies in such cases,
any legal or equitable interest of the United States (1)
in any vessel constructed or in process of construction;
and (2) in any plants or property in the possession or under
the authority of the board. The United States shall be
held to have such an interest in any vessel toward the
construction, reconditioning, remodeling, improving, or
equipping of which a loan has been made under the
authority of this Act, in any vessel upon which it holds a
mortgage or lien of any character, or in any vessel which
is obligated by contract with the owner to perform any
service in behalf of the United States, to the extent of the
Government's interest therein."
TITLE VI-TRANSPORTATION OF GOVERNMENT OFFICIALS
SEC. 601. Any officer or employee of the United States
traveling on official business overseas to foreign countries,
or to any of the possessions of the United States, shall
travel and transport his personal effects on ships registered
Must use United under the laws of the United States when such ships are
States ships.
Proviso.
available, unless the necessity of his mission requires the
use of a ship under a foreign flag: Provided, That the
Comptroller General of the United States shall not credit
any allowance for travel or shipping expenses incurred
on a foreign ship in the absence of satisfactory proof of
the necessity therefor.
73
TITLE VII-MISCELLANEOUS
AUTHORIZATION OF APPROPRIATIONS
SEC. 701. The appropriations necessary to carry out
the provisions and accomplish the purposes of this Act
are hereby authorized.
REQUISITION OF VESSELS
SEC. 702. (a) The following vessels may be taken and
purchased or used by the United States for national
defense or during any national emergency declared by By proclamation.
proclamation of the President:
(1) Any vessel in respect of which, under a contract
hereafter entered into, a loan is made from the construc-
tion loan fund created by section 11 of the Merchant
Marine Act, 1920, as amended-at any time until the
principal and interest of the loan has been paid; and
(2) Any vessel in respect of which an ocean mail con-
tract is made under Title IV of this Act-at any time
during the period for which the contract is made.
(b) In such event the owner shall be paid the fair actual
value of the vessel at the time of taking, or paid the fair
compensation for her use based upon such fair actual
value; but in neither case shall such fair actual value be
enhanced by the causes necessitating the taking. In the
case of a vessel taken and used, but not purchased, the
vessel shall be restored to the owner in a condition at
least as good as when taken, less reasonable wear and
tear, or the owner shall be paid an amount for recondi-
tioning sufficient to place the vessel in such condition.
The owner shall not be paid for any consequential
damages arising from such taking and purchase or use.
(c) The President shall ascertain the fair compensation
for such taking and purchase or use and shall certify to
Congress the amount so found by him to be due, for
appropriation and payment to the person entitled thereto.
If the amount found by the President to be due is unsatis-
factory to the person entitled thereto, such person shall
be entitled to sue the United States for the amount of
such fair compensation and such suit shall be brought
in the manner provided by paragraph 20 of section 24
or by section 145 of the Judicial Code, as amended
[U. S. C., Title 28, §§ 41, 250].
DEFINITIONS
SEC. 703. (a) When used in this Act, and for the pur-
poses of this Act only, the words "foreign trade" mean
trade between the United States, its Territories or pos-
sessions, or the District of Columbia and a foreign
country: Provided, however, That the loading or the
unloading of cargo, mail, or passengers at any port in any
What vessels
may be.
74
"Foreign trade."
"Citizen of
territory or possession of the United States shall be con-
strued to be foreign trade if the stop at such territory or
possession is an intermediate stop on what would other-
wise be a voyage in foreign trade.
(b) When used in this Act the term "citizen of the
United States" includes a corporation, partnership, or
United States." association only if it is a citizen of the United States
within the meaning of section 2 of the Shipping Act,
1916, as amended [U. S. C., Title 46, § 802].
REAFFIRMATION OF POLICY
SEC. 704. The policy and the primary purpose declared
in section 7 of the Merchant Marine Act, 1920 [U. S. C.,
Title 46, § 866], are hereby reaffirmed.
SHIP OPERATIONS
SEC. 705. In the allocations of the operations of the
ships, the Shipping Board shall distribute them as far
as possible and without detriment to the service among
the various ports of the country.
SHORT TITLE
SEC. 706. This Act may be cited as the "Merchant
Marine Act, 1928."
Approved, May 22, 1928.
SUITS IN ADMIRALTY ACT
[PUBLIC NO. 156-66тH CONGRESS]
[S. 3076]
An Act Authorizing suits against the United States in admiralty,
suits for salvage services, and providing for the release of mer-
chant vessels belonging to the United States from arrest and
attachment in foreign jurisdictions, and for other purposes.
sec. 741.
Public vessels
or
Be it enacted by the Senate and House of Representatives U. S. C., Title 46,
of the United States of America in Congress assembled, 41 Stat. 525.
That no vessel owned by the United States or by any and cargo im-
corporation in which the United States or its representa-mune from
tives shall own the entire outstanding capital stock, or seizure.
in the possession of the United States or of such corpora-
tion or operated by or for the United States or such
corporation, and no cargo owned or possessed by the
United States or by such corporation, shall hereafter, in
view of the provision herein made for a libel in personam,
be subject to arrest or seizure by judicial process in the
United States or its possessions: Provided, That this Panama Railroad
Act shall not apply to the Panama Railroad Company.
Co. excepted.
sec. 742.
Admiralty suit in
authorized.
SEC. 2. That in cases where if such vessel were pri- U.SC., Title 46,
vately owned or operated, or if such cargo were privately 41 Stat. 525.
owned and possessed, a proceeding in admiralty could personam against
be maintained at the time of the commencement of the United States
action herein provided for, a libel in personam may be
brought against the United States or against such cor-
poration, as the case may be, provided that such vessel
is employed as a merchant vessel or is a tug boat operated
by such corporation. Such suits shall be brought in the District courts
district court of the United States for the district in diction.
which the parties so suing, or any of them, reside or have
their principal place of business in the United States, or
in which the vessel or cargo charged with liability is
found. The libelant shall forthwith serve a copy of his Service.
libel on the United States attorney for such district and
mail a copy thereof by registered mail to the Attorney
General of the United States, and shall file a sworn
return of such service and mailing. Such service and
mailing shall constitute valid service on the United
States and such corporation. In case the United States
or such corporation shall file a libel in rem or in per- Cross libels.
sonam in any district, a cross-libel in personam may be
filed or a set-off claimed against the United States or
such corporation with the same force and effect as if the
libel had been filed by a private party. Upon applica-mctiva.
tion of either party the cause may, in the discretion of
the court, be transferred to any other district court of
the United States.
Removal of cause
of
(75)
76
U. S. C., Title 46,
sec. 743.
41 Stat. 526.
SEC. 3. That such suits shall proceed and shall be
heard and determined according to the principles of law
Law and proce- and to the rules of practice obtaining in like cases be-
dure same as in
private cases.
Costs, interest,
etc.
Appeals.
Libelant may
elect to proceed
tween private parties. A decree against the United
States or such corporation may include costs of suit,
and when the decree is for a money judgment, interest
at the rate of 4 per centum per annum until satisfied,
or at any higher rate which shall be stipulated in any
contract upon which such decree shall be based. In-
terest shall run as ordered by the court. Decrees shall
be subject to appeal and revision as now provided in
other cases of admiralty and maritime jurisdiction. If
the libelant so elects in his libel the suit may proceed in
as in rem action. accordance with the principles of libels in rem wherever
it shall appear that had the vessel or cargo been privately
owned and possessed a libel in rem might have been
maintained. Election so to proceed shall not preclude
the libelant in any proper case from seeking relief in
personam in the same suit. Neither the United States
nor such corporation shall be required to give any bond
or admiralty stipulation on any proceeding brought
hereunder. Any such bond or stipulation heretofore
given in admiralty causes by the United States, the
United States Shipping Board, or the United States
Shipping Board Emergency Fleet Corporation, shall
become void and be surrendered and canceled upon the
filing of a suggestion by the Attorney General or other
duly authorized law officer that the United States is
interested in such cause, and assumes liability to satisfy
any decree included within said bond or stipulation, and
thereafter any such decree shall be paid as provided in
section 8 of this Act.
Stipulations and
bonds.
U. S. C., Title 46,
sec. 744.
41 Stat. 526.
Private vessel
libeled for acts
done while in
Government
from arrest or
seizure.
SEC. 4. That if a privately owned vessel not in the
possession of the United States or of such corporation is
arrested or attached upon any cause of action arising or
alleged to have arisen from previous possession, owner-
service immune ship, or operation of such vessel by the United States or
by such corporation, such vessel shall be released with-
out bond or stipulation therefor upon the suggestion by
the United States, through its Attorney General or other
duly authorized law officer, that it is interested in such
cause, desires such release, and assumes the liability for
the satisfaction of any decree obtained by the libelant
in such cause, and thereafter such cause shall proceed
against the United States in accordance with the pro-
visions of this Act.
U. S. C., Title 46,
sec. 745.
41 Stat. 527.
tations.
SEC. 5. That suits as herein authorized may be brought
only on causes of action arising since April 6, 1917, pro-
Statute of limi- vided that suits based on causes of action arising prior
to the taking effect of this Act shall be brought within
one year after this Act goes into effect; and all other
suits hereunder shall be brought within two years after
the cause of action arises.
77
sec. 746.
SEC. 6. That the United States or such corporation U.S. C., Title 48,
shall be entitled to the benefits of all exemptions and of Entitled to limi-
all limitations of liability accorded by law to the owners, and exemptions
charterers, operators, or agents of vessels.
tations of liability
as private vessels.
sec. 747.
immune from
SEC. 7. That if any vessel or cargo within the purview u. S. C., Title 46,
of sections 1 and 4 of this Act is arrested, attached, or 41 Stat. 527.
otherwise seized by process of any court in any country Vessels and cargo
other than the United States, or if any suit is brought suit in foreign
therein against the master of any such vessel for any countries.
cause of action arising from, or in connection with, the
possession, operation, or ownership of any such vessel,
or the possession, carriage, or ownership of any such
cargo, the Secretary of State of the United States in
his discretion, upon the request of the Attorney General
of the United States, or any other officer duly author-
ized by him, may direct the United States consul residing
at or nearest the place at which such action may have
been commenced to claim such vessel or cargo as immune
from such arrest, attachment, or other seizure, and to
execute an agreement, undertaking, bond, or stipulation Stipulations and
for and on behalf of the United States, or the United bonds.
States Shipping Board, or such corporation as by said
court required, for the release of such vessel or cargo,
and for the prosecution of any appeal; or may, in the Appeals.
event of such suits against the master of any such vessel,
direct said United States consul to enter the appearance
of the United States, or of the United States Shipping
Board, or of such corporation, and to pledge the credit
thereof to the payment of any judgment and cost that
may be entered in such suit. The Attorney General is Attorney General
hereby vested with power and authority to arrange with
any bank, surety company, person, firm, or corporation bonds.
in the United States, its Territories and possessions, or
in any foreign country, to execute any such aforesaid
bond or stipulation as surety or stipulator thereon, and
to pledge the credit of the United States to the indem-
nification of such surety or stipulator as may be re-
quired to secure the execution of such bond or stipula-
tion. The presentation of a copy of the judgment roll Evidence for pay-
in any such suit, certified by the clerk of the court and
authenticated by the certificate and seal of the United
States consul claiming such vessel or cargo, or his suc-
cessor, and by the certificate of the Secretary of State
as to the official capacity of such consul, shall be sufficient
evidence to the proper accounting officers of the United
States, or of the United States Shipping Board, or of
such corporation, for the allowance and payment of such
judgments: Provided, however, That nothing in this sec- Not precluded
tion shall be held to prejudice or preclude a claim of the from claiming
immunity of such vessel or cargo from foreign jurisdiction
in a proper case.
may arrange
stipulations and
ing judgments.
immunity.
sec. 748.
SEC. 8. That any final judgment rendered in any suit U. S. C., Title 46,
herein authorized, and any final judgment within the 41 Stat. 527.
purview of sections 4 and 7 of this Act, and any arbi- Payment of judg-
tration award or settlement had and agreed to under awards.
ments and
46209°-296
78
U. S. C., Title 46,
sec. 749.
41 Stat. 527.
Arbitration, com-
promise and
settlement of
claims.
U. S. C., Title 46,
sec. 750.
41 Stat. 528.
Salvage.
U. S. C., Title 46,
sec. 751.
41 Stat. 528.
Disposition of
funds recovered.
Report of suits,
awards and
claims settled.
U. S. C., Title 46,
sec. 752.
41 Stat. 528.
41 Stat. 528.
Inconsistent Acts
repealed.
the provisions of section 9 of this Act, shall, upon the
presentation of a duly authenticated copy thereof, be
paid by the proper accounting officers of the United
States out of any appropriation or insurance fund or
other fund especially available therefor; otherwise there
is hereby appropriated, out of any money in the Treasury
of the United States not otherwise appropriated, a sum suf-
ficient to pay any such judgment or award or settlement.
SEC. 9. That the Secretary of any department of the
Government of the United States, or the United States
Shipping Board, or the board of trustees of such corpora-
tion, having control of the possession or operation of any
merchant vessel are, and each hereby is, authorized to
arbitrate, compromise, or settle any claim in which suit
will lie under the provisions of sections 2, 4, 7, and 10 of
this Act.
SEC. 10. That the United States, and the crew of any
merchant vessel owned or operated by the United States,
or such corporation, shall have the right to collect and sue
for salvage services rendered by such vessel and crew, and
any moneys recovered therefrom by the United States for
its own benefit, and not for the benefit of the crew, shall
be covered into the United States Treasury to the credit.
of the department of the Government of the United
States, or of the United States Shipping Board, or of such
corporation, having control of the possession or operation
of such vessel.
SEC. 11. That all moneys recovered in any suit brought
by the United States on any cause of action arising from,
or in connection with, the possession, operation, or owner-
ship of any merchant vessel, or the possession, carriage
or ownership of any cargo, shall be covered into the
United States Treasury to the credit of the department of
the Government of the United States, or of the United
States Shipping Board, or of such aforesaid corporation,
having control of the vessel or cargo with respect to which
such cause of action arises, for reimbursement of the
appropriation, or insurance fund, or other funds, from
which the loss, damage, or compensation for which said
judgment was recovered has been or will be paid.
SEC. 12. That the Attorney General shall report to the
Congress at each session thereof the suits under this Act
in which final judgment shall have been rendered for or
against the United States and such aforesaid corporation
and the Secretary of any department of the Government
of the United States, and the United States Shipping
Board, and the board of trustees of any such aforesaid
corporation, shall likewise report the arbitration awards.
or settlements of claims which shall have been agreed to
since the previous session, and in which the time to appeal
shall have expired or have been waived.
SEC. 13. That the provisions of all other Acts incon-
sistent herewith are hereby repealed
Approved, March 9, 1920.
HOME PORT BILL
(PUBLIC-No. 420-68тH Congress)
[S. 4162]
An Act To establish home ports of vessels of the United States,
to validate documents relating to such vessels, and for other
purposes.
sec. 1011.
Every vessel of
in United States.
Be it enacted by the Senate and House of Representatives U.S. C., Title 46,
of the United States of America in Congress assembled, 43 Stat. 948.
That for the purposes of the navigation laws of the United United States to
States and of the Ship Mortgage Act, 1920, otherwise have home port
known as section 30 of the Merchant Marine Act, 1920,
every vessel of the United States shall have a "home
port" in the United States, including Alaska, Hawaii,
and Porto Rico, which port of the owner of such vessel,
subject to the approval of the Commissioner of Naviga-
tion of the Department of Commerce, shall specifically
fix and determine, and subject to such approval may
from time to time change. Such home port shall be
shown in the register, enrollment and license, or license To be shown in
of such vessel, which documents, respectively, are here- register.
inafter referred to as the vessel's document. The home
port shown in the document of any vessel of the United
States in force at the time of the approval of this Act
shall be deemed to have been fixed and determined in
accordance with the provisions hereof. Section 4141 of
the Revised Statutes is hereby amended to conform
herewith.
sec. 1012.
veyance, mort-
SEC. 2. No bill of sale, conveyance, mortgage, assign- U. S. C., Title 46,
ment of mortgage, or hypothecation (except bottomry), 43 Stat. 948.
which includes a vessel of the United States or any por- Bills of salo, con-
tion thereof, shall be valid in respect to such vessel gage, etc.
against any person other than the grantor or mortgagor,
his heirs or devisees, and any person having actual
notice thereof, until such bill of sale, conveyance, mort-
gage, assignment of mortgage, or hypothecation is re-
corded in the office of the collector of customs at the Must be recorded
home port of such vessel. Any bill of sale or conveyance tor of customs at
of the whole or any part of a vessel shall be recorded home port.
at the home port of such vessel as shown in her new
document.
in office of collec-
sec. 1013.
Prior convey-
SEC. 3. All conveyances and mortgages of any vessel U.S. C., Title 46,
or any part thereof, and all documentations, recordations, 43 Stat. 948.
indorsements, and indexing thereof, and proceedings inci- ances, etc., de-
dental thereto heretofore made or done, are hereby clared valid.
declared valid to the extent they would have been valid
if the port or ports at which said vessel has in fact been
documented from time to time had been the port or
(79)
80
Meaning of
"Port of docu-
mentation."
U. S. C., Title 46,
sec. 1014.
43 Stat. 948.
Amendments.
ports at which it should have been documented in accord-
ance with law; and this section is hereby declared retro-
active so as to accomplish such validation: Provided,
That nothing herein contained shall be construed to
deprive any person of any vested right.
SEC. 4. Wherever in the Ship Mortgage Act, 1920,
otherwise known as section 30 of the Merchant Marine
Act, 1920, the words "port of documentation" are used
they shall be deemed to mean the "home port" of the
vessel, except that the words "port of documentation"
shall not include a port in which a temporary document
is issued.
SEC. 5. All such provisions of the Navigation Laws of
the United States and of the Ship Mortgage Act, 1920,
otherwise known as section 30 of the Merchant Marine
Act, 1920, as are in conflict with this Act are hereby
amended to conform herewith.
Approved, February 16, 1925.
(PUBLIC-No. 165-66TH CONGRESS]
[S. 2085]
U. 8. C., Title 46,
sec. 761.
41 Stat. 537.
An Act Relating to the maintenance of actions for death on the Chap. III, par. 1,
high seas and other navigable waters.
Be it enacted by the Senate and House of Representatives
41 Stat. 537.
of the United States of America in Congress assembled, Death by wrong-
That whenever the death of a person shall be caused by ful act or default
wrongful act, neglect, or default occurring on the high on high seas.
seas beyond a marine league from the shore of any State,
or the District of Columbia, or the Territories or depend-
encies of the United States, the personal representative of
the decedent may maintain a suit for damages in the by personal
district courts of the United States, in admiralty, for the representative.
exclusive benefit of the decedent's wife, husband, parent,
child, or dependent relative against the vessel, person, or
corporation which would have been liable if death had
not ensued.
Suit in admiralty
covery.
41 Stat. 537.
SEC. 2. That the recovery in such suit shall be a fair Measure of re-
and just compensation for the pecuniary loss sustained U. s. C., Title 46,
by the persons for whose benefit the suit is brought and sec. 762.
shall be apportioned among them by the court in pro-
portion to the loss they may severally have suffered by
reason of the death of the person by whose representative
the suit is brought.
years.
41 Stat. 537.
SEC. 3. That such suit shall be begun within two years Limitation of 2
from the date of such wrongful act, neglect, or default, C., Title 46,
unless during that period there has not been reasonable sec. 763.
opportunity for securing jurisdiction of the vessel, person,
or corporation sought to be charged; but after the expira-
tion of such period of two years the right of action hereby
given shall not be deemed to have lapsed until ninety
days after a reasonable opportunity to secure jurisdiction
has offered
given by laws of
sec. 764.
SEC. 4. That whenever a right of action is granted by Rights of action
the law of any foreign State on account of death by foreign countries.
wrongful act, neglect, or default occurring upon the high U. S. C., Title 46,
seas, such right may be maintained in an appropriate 41 Stat. 537.
action in admiralty in the courts of the United States
without abatement in respect to the amount for which
recovery is authorized, any statute of the United States
to the contrary notwithstanding.
Death during
sec. 765.
SEC. 5. That if a person die as the result of such wrong- suit for personal
ful act, neglect, or default as is mentioned in section 1 injuries.
during the pendency in a court of admiralty of the United U. S. C., Title 46,
States of a suit to recover damages for personal injuries 41 Stat. 537.
in respect of such act, neglect, or default, the personal
representative of the decedent may be substituted as a
party and the suit may proceed as a suit under this Act
for the recovery of the compensation provided in section 2.
(81)
82
Contributory
SEC. 6. That in suits under this Act the fact that the
negligence not a decedent has been guilty of contributory negligence shall
U.S. C., Title 46, not bar recovery, but the court shall take into considera-
tion the degree of negligence attributable to the decedent
and reduce the recovery accordingly.
sec. 766.
41 Stat. 537.
SEC. 7. That the provisions of any State statute giving
or regulating rights of action or remedies for death shall
not be affected by this Act. Nor shall this Act apply to
the Great Lakes or to any waters within the territorial
limits of any State, or to any navigable waters in the
Panama Canal Zone.
SEC. 8. That this Act shall not affect any pending suit,
action, or proceeding.
Approved, March 30, 1920.
[PUBLIC-No. 546-68TH CONGRESS]
[H. R. 9535]
March 3, 1925.
(H. R. 9535)
Public No. 546.
Admiralty
causes.
United States
An Act Authorizing suits against the United States in admiralty
for damage caused by and salvage services rendered to public
vessels belonging to the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives Libel in per-
of the United States of America in Congress assembled, sonam against
That a libel in personam in admiralty may be brought authorized for
against the United States, or a petition impleading the public vessel.
United States, for damages caused by a public vessel of U.S. C., Title 46,
the United States, and for compensation for towage and 43 Stat. 1112.
salvage services, including contract salvage, rendered to Time limitation.
a public vessel of the United States: Provided, That the
cause of action arose after the 6th day of April, 1920.
damages by a
sec. 781.
Proviso.
sec. 782.
Procedure.
Vol. 41, p. 526.
Interest restric-
tion.
SEC. 2. That such suit shall be brought in the district venue of action.,
court of the United States for the district in which the U.S. C., Title 46,
vessel or cargo charged with creating the liability is found 43 Stat. 1112.
within the United States, or if such vessel or cargo be
outside the territorial waters of the United States, then in
the district court of the United States for the district
in which the parties so suing, or any of them, reside or
have an office for the transaction of business in the United
States; or in case none of such parties reside or have an
office for the transaction of business in the United States,
and such vessel or cargo be outside the territorial waters
of the United States, then in any district court of the
United States. Such suits shall be subject to and pro-
ceed in accordance with the provisions of an Act entitled
"An Act authorizing suits against the United States in
admiralty, suits for salvage services, and providing for
the release of merchant vessels belonging to the United
States from arrest and attachment in foreign jurisdictions,
and for other purposes," approved March 9, 1920, or any
amendment thereof, in so far as the same are not incon-
sistent herewith, except that no interest shall be allowed
on any claim up to the time of the rendition of judgment
unless upon a contract expressly stipulating for the pay-
ment of interest.
cross bill by
owners of vessel
United States.
sec. 783.
43 Stat.
SEC. 3. That in the event of the United States filing Admission of
a libel in rem or in personam in admiralty for damages
caused by a privately owned vessel, the owner of such in actions by the
vessel, or his successors in interest, may file a cross libel u. S. C., Title 46,
in personam or claim a set-off or counterclaim against st. 1112.
the United States in such suit for and on account of Proviso.
any
Security required
damages arising out of the same subject matter or cause of respondent.
of action: Provided, That whenever a cross libel is filed
for any cause of action for which the original libel is
filed by authority of this Act, the respondent in the cross
libel shall give security in the usual amount and form to
respond to the claim set forth in said cross libel unless
(83)
84
Subpoena of offi-
cers and crew.
sec. 784.
the court, for cause shown, shall otherwise direct; and
all proceedings on the original libel shall be stayed until
such security shall be given.
SEC. 4. That no officer or member of the crew of any
U.S. C., Title 46 public vessel of the United States may be subpoenaed in
connection with any suit authorized under this Act with-
out the consent of the secretary of the department or the
head of any independent establishment of the Govern-
ment having control of the vessel at the time the cause of
action arose, or of the master or commanding officer of
such vessel at the time of the issuance of such subpoena.
Reciprocity.
U. S. C., Title 46,
sec. 785.
43 Stat. 1113.
Attorney General
may arbitrate.
sec. 786.
SEC. 5. That no suit may be brought under this Act
by a national of any foreign government unless it shall
appear to the satisfaction of the court in which suit is
brought that said government, under similar circum-
stances, allows nationals of the United States to sue in
its courts.
SEC. 6. That the Attorney General of the United States
U.S. C., Title 46, is hereby authorized to arbitrate, compron. se, or settle
any claim on which a libel or cross libel would lie under
the provisions of this Act, and for which a libel or cross
libel has actually been filed.
43 Stat. 1113.
Payment of
judgments.
sec. 787.
43 Stat. 1113.
SEC. 7. That any final judgment rendered on any libel
U. §. C., Title 46, or cross libel herein authorized, and any settlement had and
agreed to under the provisions of section 6 of this Act,
shall, upon presentation of a duly authenticated copy
thereof, be paid by the proper accounting officer of the
United States out of any moneys in the Treasury of the
United States appropriated therefor by Congress.
Liens.
SEC. 8. Nothing contained in this Act shall be construed
U.S788., Title 46, to recognize the existence of or as creating a lien against
any public vessel of the United States.
sec.
43 Stat. 1113.
Reports.
SEC. 9. The United States shall be entitled to the
benefits of all exemptions and of all limitations of liability
accorded by law to the owners, charterers, operators or
agents of vessels.
SEC. 10. That the Attorney General of the United
States shall report to the Congress at each session thereof
all suits in which final judgment shall have been rendered.
and all claims which shall have been settled under this
Act.
Approved, March 3, 1925.
APPROPRIATIONS ACT OF FEBRUARY 20, 1929 1
UNITED STATES SHIPPING BOARD
For seven commissioners at $12,000 each per annum, Commissioners.
$84,000.
For all other expenditures authorized by law, including Other expenses.
the compensation of a secretary to the board, attorneys,
officers, naval architects, special experts, examiners, and
clerks, including one admiralty counsel at $10,000 per
annum, one technical expert in connection with construc-
tion loan fund, at $10,000 per annum, and other employ-
ees in the District of Columbia and elsewhere; and for all
other expenses of the board, including the rental of quar-
ters outside the District of Columbia, law books, books of
reference, periodicals, and traveling expenses of members
of the board, its special experts, and other employees,
while upon official business away from their designated
posts of duty, and for the employment by contract or other-
wise of expert stenographic reporters for its official report-
ing work and including the investigation of foreign dis-
crimination against vessels and shipppers of the United
States and for the investigation of transportation of
immigrants in vessels of the United States Shipping
Board, $265,750, of which amount not to exceed $240,000
may be expended for personal services in the District of
Columbia: Provided, That the annual estimates of the
Shipping Board for the fiscal year 1931 shall be accom-
panied by a statement showing the number and compen-
sation of employees of the Fleet Corporation assigned to
the Shipping Board.
For all printing and binding for the United States Ship- Printing and
ping Board, including all of its bureaus, offices, institu- binding.
tions, and services located in Washington, District of
Columbia, and elsewhere, $10,000.
UNITED STATES SHIPPING BOARD SHIPPING FUND
operation.
For expenses of the United States Shipping Board Mer-
chant Fleet Corporation during the fiscal year ending
June 30, 1930, for administrative purposes, miscellaneous
adjustments, losses due to the maintenance and operation Maintenance and
of ships, for the repair of ships, for the purchase, exchange,
maintenance, repair, and operation of motor vehicles for
official purposes only; for the payment of premiums for
liability, fire, theft, property damage and collision insur-
ance and for other forms of insurance, including schedule
and fidelity bonds, commonly carried by commercial cor-
1 The last paragraph of the Appropriations Act of 1928 read as follows:
"Hereafter the United States Shipping Board Emergency Fleet Corporation shall be
known as the United States Shipping Board Merchant Fleet Corporation."
(85)
86
Proviso.
Ships returned
by operators.
Proviso.
Attorneys.
porations engaged in the same or a similar business, and
for carrying out the provisions of the Merchant Marine
Act, 1920, and amendments thereto, (a) the amount on
hand July 1, 1929, not to exceed $50,000,000, including
such sums as the Shipping Board may have reserved or
committed from the fiscal year 1927 for the recondition-
ing of vessels; (b) $11,134,250, including the salaries of
employees of the Fleet Corporation assigned to the Ship-
ping Board, of which $1,500,000 may be used for recondi-
tioning and operating ships for carrying coal to foreign
ports, together with the unexpended balance of the
$1,000,000 authorized for this purpose for the fiscal year
1929, and $500,000 shall be available only for research
and experimental development in ship and machinery
design, construction, and operation; (c) all amounts re-
ceived during the fiscal year ending June 30, 1930, other
than the proceeds of sales of ships and surplus property;
(d) so much of the total proceeds of sales of ships and sur-
plus property received during the fiscal year 1930, but
not exceeding $2,100,000, as is necessary to meet the ex-
penses of liquidation, including the cost of maintaining
the laid-up fleet and the salaries and expenses of the per-
sonnel engaged in liquidation: Provided, That no part of
these sums, (a), (b), (c), and (d) shall be used for the
payment of claims arising out of the construction and
requisitioning of vessels; (e) all interest earned on the
funds, excepting the construction loan fund, of the United
States Shipping Board Merchant Fleet Corporation is to
accrue to these funds and is made available for the pur-
poses herein before set forth subject to the limitations
herein established.
That portion of the special claims appropriation, con-
tained in the Independent Offices Appropriation Act for
the fiscal year 1923, committed prior to July 1, 1923, and
remaining unexpended on June 30, 1929, shall continue
available until June 30, 1930, for the same purposes and
under the same conditions.
To enable the United States Shipping Board Merchant
Fleet Corporation to operate ships or lines of ships which
have been or may be taken back from purchasers by
reason of competition or other methods employed by
foreign ship owners or operators, there is hereby reap-
propriated the unexpended balance of the appropriation
of $10,000,000 made for similar purposes in the Inde-
pendent Offices Appropriation Act for the fiscal year
1927: Provided, That no expenditure shall be made for
the purposes of this paragraph from this sum without
the prior approval of the President of the United States.
No part of the sums appropriated in this Act shall
be used to pay the compensation of any attorney, regular
or special, for the United States Shipping Board or the
United States Shipping Board Merchant Fleet Corpora-
tion unless the contract of employment has been approved
by the Attorney General of the United States.
87
}
salaries
No officer or employee of the United States Shipping Maximum
Board or the United States Shipping Board Merchant
Fleet Corporation shall be paid a salary or compensation
at a rate per annum in excess of $10,000 except the
following: One at not to exceed $18,000, three at not
to exceed $15,000 each, and one at not to exceed $12,000.
No part of the funds of the United States Shipping Rent.
Board Merchant Fleet Corporation shall be available
for the rent of buildings in the District of Columbia
during the fiscal year 1930 if suitable space is provided
for said corporation by the Public Buildings Commission.
Total, United States Shipping Board, $11,494,000: Total amount
Provided, That of the sums herein made available under
the United States Shipping Board, not to exceed an
aggregate of $300,000 shall be expended for compensa-
tion of regular attorneys employed on a yearly salary
basis and for fees and expenses of attorneys employed in
special cases.
appropriated.
U. S. C., Title 49,
sec. 20, subdivi-
41 Stat. 494.
Issue of bill of
lading.
Liability to
holder.
No exemption.
EXTRACT FROM INTERSTATE COMMERCE ACT
OF FEBRUARY 28, 1920
Any common carrier, railroad, or transportation com-
sion 11, p. 1670. pany subject to the provisions of this Act receiving prop-
erty for transportation from a point in one State or Terri-
tory or the District of Columbia to a point in another
State, Territory, District of Columbia, or from any point
in the United States to a point in an adjacent foreign
country shall issue a receipt or bill of lading therefor, and
shall be liable to the lawful holder thereof for any loss,
damage, or injury to such property, caused by it or by
any common carrier, railroad, or transportation company
to which such property may be delivered or over whose
line or lines such property may pass within the United
States or within an adjacent foreign country when trans-
ported on a through bill of lading, and no contract, re-
ceipt, rule, regulation, or other limitation of any char-
acter whatsoever, shall exempt such common carrier,
railroad, or transportation company from the liability
hereby imposed; and any such common carrier, railroad,
or transportation company so receiving property for
transportation from a point in one State, Territory, or
the District of Columbia to a point in another State or
Territory, or from a point in a State or Territory to a
point in the District of Columbia, or from any point in
the United States to a point in an adjacent foreign
country, or for transportation wholly within a Territory
shall be liable to the lawful holder of said receipt, or bill
of lading or to any party entitled to recover thereon,
whether such receipt or bill of lading has been issued or
not, for the full actual loss, damage, or injury to such
property caused by it or by any such common carrier,
railroad, or transportation company to which such prop-
erty may be delivered or over whose line or lines such
property may pass within the United States or within an
adjacent foreign country when transported on a through
bill of lading notwithstanding any limitation of liability
No limitation of or limitation of the amount of recovery or representation
or agreement as to value in any such receipt or bill of
lading, or in any contract, rule, regulation, or in any
tariff filed with the Interstate Commerce Commission:
and any such limitation, without respect to the manner
or form in which it is sought to be made is hereby de-
clared to be unlawful and void: Provided, That if the loss,
damage, or injury occurs while the property is in the
custody of a carrier by water the liability of such carrier
shall be determined by and under the laws and regula-
tions applicable to transportation by water, and the lia-
bility of the initial carrier shall be the same as that of
Full loss.
liability.
Proviso.
(88)
89
Proviso.
such carrier by water: Provided, however, That the pro-
visions hereof respecting liability for full actual loss,
damage, or injury, notwithstanding any limitation of
liability or recovery or representation or agreement or
release as to value, and declaring any such limitation to
be unlawful and void, shall not apply, first, to baggage
carried on passenger trains or boats, or trains or boats
carrying passengers; second, to property, except ordinary
livestock, received for transportation concerning which
the carrier shall have been or shall hereafter be expressly
authorized or required by order of the Interstate Com-
merce Commission to establish and maintain rates de-
pendent upon the value declared in writing by the
shipper or agreed upon in writing as the released value
of the property, in which case such declaration or agree-
ment shall have no other effect than to limit liability and
recovery to an amount not exceeding the value so de-
clared or released, and shall not, so far as relates to
values, be held to a violation of section 10 of this Act to
regulate commerce, as amended; and any tariff schedule
which may be filed with the commission pursuant to such
order shall contain specific reference thereto and may
establish rates varying with the value so declared or
agreed upon; and the commission is hereby empowered
to make such order in cases where rates dependent upon
and varying with declared or agreed values would, in its
opinion, be just and reasonable under the circumstances
and conditions surrounding the transportation. The
term "ordinary livestock" shall include all cattle, swine,
sheep, goats, horses, and mules, except such as are chiefly
valuable for breeding, racing, show purposes, or other
special uses: Provided further, That nothing in this sec- Proviso.
tion shall deprive any holder of such receipt or bill of
lading of any remedy or right of action which he has
under the existing law: Provided further, That it shall be Proviso.
unlawful for any such common carrier to provide by rule,
contract, regulation, or otherwise a shorter period for
giving notice of claims than ninety days, for the filing of
claims than four months, and for the institution of suits
than two years, such period for institution of suits to
be computed from the day when notice in writing is
given by the carrier to the claimant that the carrier has
disallowed the claim or any part or parts thereof speci-
fied in the notice; Provided, however, That if the loss, Proviso.
damage, or injury complained of was due to delay or
damage while being loaded or unloaded, or damaged in
transit by carelessness or negligence, then no notice of
claim nor filing of claim shall be required as a condition
precedent to recovery. (Feb. 4, 1887, c. 104, sec. 20,
24 Stat. 386, amended June 29, 1906, c. 3591, sec. 7, 34
Stat. 595; Mar. 4, 1915, c. 176, sec. 1, 38 Stat. 1196;
Aug. 9, 1916, c. 301, 39 Stat. 441; and Feb. 28, 1920,
c. 91, secs. 436-438, 41 Stat. 494.)
U. S. C., Title 49,
Sec. 25.
41 Stat. 497.
SECTION 25 OF INTERSTATE COMMERCE ACT
OF FEBRUARY 28, 1920
Schedules to be filed by carriers by water in foreign com-
merce owning registered vessels; contents.-Every com-
mon carrier by water in foreign commerce, whose vessels
are registered under the laws of the United States, shall
file with the Commission, within thirty days after this
section becomes effective and regularly thereafter as
changes are made, a schedule or schedules showing for
each of its steam vessels intended to load general cargo
at ports in the United States for foreign destinations (a)
the ports of loading, (b) the dates upon which such vessels
will commence to receive freight and dates of sailing,
(c) the route and itinerary such vessels will follow and the
ports of call for which cargo will be carried.
Schedules of vessel rates; making specific rate.-Upon
application of any shipper a carrier by railroad shall make
request for, and the carrier by water shall upon receipt of
such request name a specific rate applying for such sailing,
and upon such commodity as shall be embraced in the
inquiry, and shall name in connection with such rate, port
charges, if any, which accrue in addition to the vessel's
rates and are not otherwise published by the railway as in
addition to or absorbed in the railway rate. Vessel rates,
if conditioned upon quantity of shipment, must be so
stated and separate rates may be provided for carload
and less than carload shipments. The carrier by water,
upon advices from a carrier by railroad, stating that the
quoted rate is firmly accepted as applying upon a specifi-
cally named quantity of any commodity, shall, subject to
such conditions as the Commission by regulation may
prescribe, make firm reservation from unsold space in
such steam vessel as shall be required for its transporta-
tion and shall so advise the carrier by railroad, in which
advices shall be included the latest available information
as to prospective sailing date of such vessel.
Same; changes and modifications; publication. As the
matters so required to be stated in such schedule or
schedules are changed or modified from time to time, the
carrier shall file with the Commission such changes or
modifications as early as practicable after such modifica-
tion is ascertained. The Commission is authorized to
make and publish regulations not inconsistent herewith
governing the manner and form in which such carriers.
are to comply with the foregoing provisions. The Com-
mission shall cause to be published in compact form, for
the information of shippers of commodities throughout.
the country, the substance of such schedules, and furnish
such publications to all railway carriers subject to this
(90)
91
Act, in such quantities that railway carriers may supply
to each of their agents who receive commodities for ship-
ment in such cities and towns as may be specified by the
Commission, a copy of said publication; the intent being
that each shipping community sufficiently important,
from the standpoint of the export trade, to be so specified
by the Commission shall have opportunity to know the
sailings and routes, and to ascertain the transportation
charges of such vessels engaged in foreign commerce.
Each railway carrier to which such publication is furnished
by the Commission is hereby required to distribute the
same as aforesaid and to maintain such publication as it
is issued from time to time, in the hands of its agents.
The Commission is authorized to make such rules and
regulations not inconsistent herewith respecting the dis-
tribution and maintenance of such publications in the
several communities so specified as will further the intent
of this section.
Bills of lading.-When any consignor delivers a ship-
ment of property to any of the places so specified by the
Commission, to be delivered by a railway carrier to one
of the vessels upon which space has been reserved at a
specified rate previously ascertained, as provided herein,
for the transportation by water from and for a port
named in the aforesaid schedule, the railway carrier shall
issue a through bill of lading to the point of destination.
Such bill of lading shall name separately the charge to be
paid for the railway transportation, water transportation,
and port charges, if any, not included in the rail or water
transportation charge; but the carrier by railroad shall
not be liable to the consignor, consignee, or other person
interested in the shipment after its delivery to the vessel.
The Commission shall, in such manner as will preserve
for the carrier by water the protection of limited liability
provided by law, make such rules and regulations not
inconsistent herewith as will prescribe the form of such
through bill of lading. In all such cases it shall be the
duty of the carrier by railroad to deliver such shipment
to the vessel as a part of its undertaking as a common
carrier.
Through bills of lading.-The issuance of a through bill
of lading covering shipments provided for herein shall not
be held to constitute "an arrangement for continuous
carriage or shipment" within the meaning of this Act.
(Feb. 4, 1887, c. 104, sec. 25, added, Feb. 28, 1920, c. 91,
sec. 441, 41 Stat. 497.)
May 12, 1917.
(S. J. Res. 42.)
(Pub., Res. No. 2.)
and possession of
alien enemy
vessels.
RESOLUTION AUTHORIZING SEIZURE OF THE
GERMAN SHIPS
[40 Statutes at Large 75]
CHAP. 13.-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,
President author- That the President be, and he is hereby, authorized to
ized to take title take over to the United States the immediate posses-
sion and title of any vessel within the jurisdiction there-
of, including the Canal Zone and all territories and in-
sular possessions of the United States except the Ameri-
can Virgin Islands, which at the time of coming into
Vessels in Virgin such jurisdiction was owned in whole or in part by any
Islands excepted. 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 munici-
pality 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.
Operation and
equipment.
Valuation.
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.
Approved, May 12, 1917.
NOTE.-By Executive orders dated June 30 and July 3, 1917, the
President authorized and directed the Shipping Board to take over
for the United States the title and possession of 88 enumerated
German vessels. Text of the first of the two orders follows:
EXECUTIVE ORDER
Whereas the following joint resolution adopted by Congress was
approved by the President 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
!
(92)
93
he is hereby, authorized to take over to the United States the im-
mediate 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 Is-
lands, 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 proceed-
ings on any claim for compensation."
And whereas the following vessels were, at the time of coming into
the jurisdiction of the United States owned in whole or part by a
corporation, citizen, or subject of the Empire of Germany, a nation
with which the United States is now at war, or were flying the flag
of or under the register of the Empire of Germany, or of a political
subdivision or municipality thereof:
Vaterland.
Amerika.
Kaiser Wilhelm II.
Prinzess Irene.
Governeur Jaeschke.
Darvel.
Princess Alice.
Carl Diederichsen.
Wiegand.
Bochum.
Coblenz.
Esslingen.
Lyeemoon.
President Lincoln.
Cincinnati.
Grosser Kurfurst.
Barbarossa.
Friedrich der Grosse.
Rhein.
President Grant.
Pennsylvania.
Bulgaria.
Hamburg.
Neckar.
Bohemia.
Rhaetia.
Pongtong.
Sachsen.
Wittekind.
Suevia.
Armenia.
Steinbeck.
Adamsturm.
Elsass.
Willehad.
Indra.
Serapis.
Allemannia.
Nassovia.
Maia.
Sachsenwald.
Arnoldus Vinnen.
Ottawa.
Grunewald.
Koenig Wilhelm II.
Prinz Oskar.
Ockenfels.
Arcadia.
Pisa.
Prinz Joachim.
Harburg.
Portonia.
Clara Menning.
Setos.
Holsatia.
Koln.
Pommern.
Neptun.
Staatssekretar Solf.
Staatssekretar Kraetke.
O. J. D. Ahlers.
Aroa (lighter).
Borneo.
Prinz Waldemar.
Loongmoon.
Andalusia.
George Washington.
Marudu.
Kronprinzessin Cecile.
Tsintau.
Rajah.
Kurt.
Camilla Rickmers.
Sambia.
Andromeda.
Clara Jebsen.
Tubingen.
Elmshorn.
Johanne.
Dalbek.
Magdeburg.
Mark.
Matador.
Prinz Sigismund.
Savoia.
Arni (lighter).
Argus (lighter).
It is therefore ordered that through the United States Shipping
Board there be taken over to the United States the possession and
title of the aforementioned vessels. The United States Shipping
Board is further hereby authorized to repair, equip, and man the
said vessels; to operate, lease, or charter the same in any service of
the United States, or in any commerce, foreign or coastwise; and to
46209°—29– 7
94
do and perform any and all things that may be necessary to
accomplish the purposes of the joint resolution above set forth.
WOODROW WILSON.
THE WHITE HOUSE,
30 June, 1917.
NOTE. By subsequent Executive orders the following German
vessels were turned over to the board: Prinz Eitel Freidrich, July 3,
1917; steam tug Pollux, November 2, 1917. By Executive orders
the following German vessels were taken over by the Navy: German
motor vessel Hermes, lying in Honolulu, September 27, 1917;
Staatssekretar Solf, lying in Samoa, June 12, 1917; Kronprinz Wil-
helm, Prinz Eitel Freidrich, Liebenfels, Gier, and Locksen (later
lying in Hawaii), May 22, 1917; Odenwald and Praesident (lying in
Porto Rico), May 14, 1917. By Executive orders the following
German vessels were turned over to the Navy Department:
Sixteen vessels, including Vaterland, Kronprinzessin Cecile, Kaiser
Wilhelm II, George Washington, Amerika, Hamburg, Grosser Kur-
furst, Koenig Wilhelm II, Neckar, Princess Irene, President Grant,
Cincinnati, President Lincoln, Freidrich der Grosse, and Barbarossa,
July 12, 1917 (informal order); Hohenfelde, Frieda Leonhardt,
Nicaria, Kiel, Rudolf Blumberg, Vogesen, Breslau, and Sazonia, May
22, 1917; Andromeda and Staatssekretar Solf, August 3, 1917; Atlas,
May 16, 1917; Martha Washington, an Austrian vessel, May 11,
1918; Rhein, July 12, 1917.
GERMAN PORT FACILITIES
[PUBLIC-NO. 109-65TH CONG.]
[H. R. 9867]
An Act Making appropriations to supply urgent deficiencies in
appropriations for the fiscal year ending June thirtieth, nineteen
hundred and eighteen, and prior fiscal years, on account of war
expenses, and for other purposes
EXTRACT
The President is authorized to acquire the title to the
docks, piers, warehouses, wharves, and terminal equip-
ment and facilities on the Hudson River now owned by
the North German Lloyd Dock Company and the Ham-
burg-American Line Terminal and Navigation Company,
two corporations of the State of New Jersey, if he shall
deem it necessary for the national security and defense:
Provided, That if such property can not be procured by
purchase, then the President is authorized and empowered
to take over for the United States the immediate posses-
sion and title thereof. If any such property shall be
taken over as aforesaid, the United States shall make
just compensation therefor to be determined by the
President. Upon the taking over of said property by
the President, as aforesaid, the title to all such property
so taken over shall immediately vest in the United States:
Provided further, That section three hundred and fifty-five
of the Revised Statutes of the United States shall not
apply to any expenditures herein or hereafter authorized
in connection with the property acquired.
Approved, March 28, 1918.
[TITLE TO AND POSSESSION OF PROPERTY ON THE HUDSON
RIVER OWNED BY THE NORTH GERMAN LLOYD DOCK
COMPANY AND THE HAMBURG-AMERICAN LINE TERMINAL
AND NAVIGATION COMPANY]
•
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas the Act of Congress making appropriations to
supply urgent deficiencies in appropriations for the fiscal
year ending June 30, 1918, and prior fiscal years, on
account of war expenses and for other purposes, approved
March 28, 1918 (Public-No. 109-65th Congress), con-
tains the following provisions:
"The President is authorized to acquire the title to the
docks, piers, warehouses, wharves, and terminal equip-
(95)
96
ment and facilities on the Hudson River now owned by
the North German Lloyd Dock Company and the Ham-
burg-American Line Terminal and Navigation Company,
two corporations of the State of New Jersey, if he shall
deem it necessary for the national security and defense:
Provided, That if such property can not be procured by
purchase, then the President is authorized and em-
powered to take over for the United States the immedi-
ate possession and title thereof. If any such property
shall be taken over as aforesaid, the United States shall
make just compensation therefor to be determined by
the President. Upon the taking over of said property
by the President, as aforesaid, the title to all such prop-
erty so taken over shall immediately vest in the United
States: Provided further, That section three hundred
and fifty-five of the Revised Statutes of the United States
shall not apply to any expenditures herein or hereafter
authorized in connection with the property acquired."
Now, Therefore, I, Woodrow Wilson, President of the
United States of America, pursuant to the authority
vested in me by the said Act of Congress approved
March 28, 1918, do hereby determine and declare that
the acquisition of title to the foregoing docks, piers,
warehouses, wharves, and terminal equipment and
facilities, is necessary for the national security and
defense, and I do hereby take over for the United States
of America the immediate possession and title thereof,
including all leaseholds, easements, rights of way,
riparian rights and other rights, estates and interests
therein or appurtenant thereto.
Just compensation for the property hereby taken over
will be hereafter determined and paid.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the United States to be fixed.
Done in the District of Columbia this twenty-eighth
day of June, one thousand nine hundred and eighteen,
and of the Independence of the United States, one
hundred and forty-two.
[SEAL.]
By the President:
ROBERT LANSING,
Secretary of State.
WOODROW WILSON.
[FIXING COMPENSATION FOR THE NORTH GERMAN LLOYD
AND HAMBURG-AMERICAN DOCKS]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas, the Act of Congress making appropriations
to supply urgent deficiencies in appropriations for the
fiscal year ending June 30, 1918, and prior fiscal years, on
account of war expenses and for other purposes, ap-
97
proved March 28, 1918 (Public-No. 109-65th Congress),
contains the following provisions:
"The President is authorized to acquire the title to the
docks, piers, warehouses, wharves, and terminals equip-
ment and facilities on the Hudson River now owned by
the North German Lloyd Dock Company and the Ham-
burg-American Line Terminal and Navigation Company,
two corporations of the State of New Jersey, if he shall
deem it necessary for the national security and defense:
Provided, That if such property can not be procured by
purchase, then the President is authorized and em-
powered to take over for the United States the immediate
possession and title thereof. If any such property shall
be taken over as aforesaid, the United States shall make
just compensation therefor to be determined by the
President. Upon the taking over of said property by the
President as aforesaid, the title to all such property so
taken over shall immediately vest in the United States:
Provided further, That section three hundred and fifty-
five of the Revised Statutes of the United States shall not
apply to any expenditures herein or hereafter authorized
in connection with the property acquired";
And whereas, pursuant to the authority vested in the
President by said Act of Congress, approved March 28,
1918, the President by a proclamation duly made on the
28th day of June, 1918, determined and declared that the
acquisition of title to the foregoing docks, piers, ware-
houses, wharves, and terminal equipment and facilities
was necessary for the national security and defense, and
did thereby take over for the United States of America
the immediate possession and title thereof, including all
leaseholds, easements, rights of way, riparian rights and
other rights, estates and interests therein or appurtenant
thereto; a more particular description of which said
property is set forth in the schedule marked A hereto
annexed;
And whereas, pursuant to the authority vested in the
President by said Act of Congress, approved March 28,
1918, it was in and by said proclamation of June 28, 1918,
expressed and declared that just compensation for the
property thereby taken over would be thereafter deter-
mined and paid;
Now, therefore, I, WOODROW WILSON, President of the
United States of America, pursuant to the authority vest-
ed in me by the said Act of Congress, approved March 28,
1918, do hereby determine and declare that the just com-
pensation for the property in and by said proclamation
of June 28, 1918, expropriated for the United States of
America is the sum of seven million one hundred and
forty-six thousand five hundred eighty-three dollars
($7,146,583); and I do hereby order and direct that com-
pensation for the same, aggregating said amount of
$7,146,583, be made out of the money appropriated by
the act approved December 15, 1917, entitled "An Act
98
making appropriations to supply deficiencies in appropria-
tions for the fiscal year ending June thirtieth, nineteen
hundred and eighteen, and for other purposes," continu-
ing and making available until June thirtieth, nineteen
hundred and eighteen, the appropriation of $100,000,000
"for the national security and defense, and for each and
every purpose connected therewith, to be expended at the
discretion of the President," contained in the general
deficiency appropriation Act approved April seventeenth,
nineteen hundred and seventeen, to the parties and in the
amounts set forth in the schedule marked A, hereto
annexed; any part of the sum to be paid for which that
appropriation does not suffice to be paid out of the similar
appropriation for the fiscal year 1919.
And I do hereby further order, direct, and require, under
the authority delegated to me by section 6, subsection c,
of the trading with the enemy Act, approved October 6,
1917, that the sum of money specified in said schedule
which I determined to be payable to the North German
Lloyd, a corporation of the Free and Hanseatic City of
Bremen in the German Empire, be paid over to the Alien
Property Custodian appointed under the provisions of
said trading with the enemy Act, the same to be held by
him subject to 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 in the District of Columbia, this third day of
December, in the year of our Lord one thousand nine
hundred and eighteen, and of the Independence of the
United States the one hundred and forty-third.
[SEAL.]
By the President,
ROBERT LANSING,
Secretary of State.
WOODROW WILSON.
SCHEDULE A
Schedule of compensation for the docks, piers, warehouses,
wharves, and terminal equipment and facilities expro-
priated by the proclamation of the President on June 28,
1918, pursuant to the act of Congress, approved March
28, 1918.
I. In respect of the following property:
All those certain pieces, parcels or tracts of land and
premises, part of which lie under water and part of
which have been filled in and reclaimed, together with
the buildings and improvements thereon, situate, lying,
and being in the city of Hoboken, county of Hudson,
and State of New Jersey, and bounded and described
as follows:
99
Beginning at a point in the northerly line of Newark
Street 100 feet easterly from the northeasterly corner
of Newark and River Streets, and running thence-
Northerly and parallel with River Street 150 feet;
thence-
Westerly and parallel with Newark Street 100 feet to
the easterly line of River Street; thence-
Northerly along the easterly line or side of River
Street 475 feet to a jog in said easterly line; thence-
Westerly and at right angles 5 feet to the easterly line
or side of River Street continued; thence-
Northerly and along the said easterly line or side of
River Street 100 feet to the southerly line of property
of the North German Lloyd; thence-
Easterly parallel with Newark Street as the same
would be if extended and along the southerly line of
property of the North German Lloyd 522.92 feet more
or less to the exterior line for solid filling established by
the commissioners appointed under the authority of an
act of the legislature of the State of New Jersey, en-
titled "An Act to ascertain the rights of the State and of
the riparian owners in the lands lying under the waters of
the Bay of New York and elsewhere in this State," ap-
proved April 11, A. D. 1864, and the supplements thereto;
thence-
Northeasterly along said exterior line for solid filling
about 25.40 feet to a line distant 75.40 feet northerly
at right angles from the northerly line of Second Street
as the same would be if extended and to the southerly
line of property conveyed by the party of the first part
to the North German Lloyd by deed bearing date the
28th day of September, 1900, and recorded in the office
of the register of Hudson County; thence-
Southwesterly along said exterior line for solid filling
about 779.55 feet more or less to a line parallel with and
distant at right angles 25 feet southerly from the north-
erly line of Newark Street extended; thence-
Westerly and parallel with Newark Street extended
about 168.38 feet more or less to a point 348.20 feet
easterly at right angles from the westerly line of River
Street; thence-
Northerly and parallel with River Street 25 feet to the
northerly line or side of Newark Street and thence-
Westerly along the northerly line or side of Newark
Street 173.20 feet more or less to the point or place of
beginning.
With the right, liberty, privilege, and franchise to
exclude the tidewater from so much of the lands above
described as lies under tidewater, by filling in or other-
wise improving the same, and to appropriate the lands
above described to exclusive use.
Also all the lands under water lying between the present
exterior line for solid filling aforesaid and the exterior line
for piers established by the authority of the State of New
}
1
100
Jersey and bounded on the south by the southerly line
of the above-described tract extended easterly to said
exterior line for piers and on the north by a line 75.40
feet or thereabouts northerly of and parallel with the
northerly line of Second Street extended easterly to said
exterior line of piers, which northerly line is also the
southerly line of lands conveyed to the North German
Lloyd by deed dated September 28, 1900, recorded in the
register's office in the county of Hudson.
v
With the right, liberty, privilege, and franchise of build-
ing piers only on so much of the land above described as
lies between the exterior line for solid filling and the ex-
terior line for piers as established by the authority of the
State of New Jersey.
And if and when said exterior lines shall be fixed, or
if said exterior lines have been heretofore fixed at any
other points or places farther out into the Hudson River,
also any and all lands under water lying between the
present exterior line or lines above described and the new
exterior line or lines that may be hereafter fixed, or that
have been heretofore fixed, the same to be used for solid
filling and for piers respectively agreeably to the terms
of such extension.
To the Hamburg-American Line Terminal & Naviga-
tion Company, a corporation of the State of New Jersey,
the sum of two million three hundred fourteen thousand
eight hundred and seventy-seven dollars ($2,314,877), to
be paid to said Hamburg-American Line Terminal &
Navigation Company upon the satisfaction of record of
all liens by way of mortgage, judgment, or otherwise
existing on, and all taxes and assessments due and
eligible upon the foregoing premises, or any part thereof,
on the 28th day of June, 1918.
II. In respect of the following properties:
All those certain pieces, parcels, or tracts of land and
premises, together with the buildings and improvements
thereon, part of which lie under water and part of which
have been filled in and reclaimed, situate, lying, and being
in the city of Hoboken, county of Hudson, and State of
New Jersey, and bounded and described as follows:
Beginning at a point in the easterly line of River Street
distant 50 feet northerly from the northerly line of Second
Street extended, which point is the northwesterly corner
of the property now owned or formerly belonging to the
Hamburg-Amerikanische Packetfahrt Actien Gesellschaft,
and running thence-
Northerly along the easterly line of River Street 850.44
feet to the southerly line of Fourth Street; thence-
Easterly along the southerly line of Fourth Street 136
feet to a point; thence running—
Northerly at right angles to Fourth Street extended
about 6 feet to the face of a stone retaining wall; thence-
Easterly and northeasterly along the face of said stone
retaining wall about 130 feet to a point in the northerly
101.
line of Fourth Street extended about 230.75 feet easterly
from the easterly line of River Street; thence-
Easterly along the northerly line of Fourth Street if
the same were extended to the exterior line for piers
established February 17, 1913, by the commissioners or
board thereunto authorized by the State of New Jersey;
thence-
Southerly along said exterior line for piers 876.54 feet
and more to a line parallel to and distant 75.40 feet
northerly from the northerly line of Second Street if the
same were extended; thence-
Westerly and parallel to Second Street if the same were
extended to the exterior line for solid filling established
by the commissioners appointed under the authority of
an act of the legislature of the State of New Jersey,
approved April 11, 1864, and the several supplements
thereto and amendments thereof; thence—
Southwesterly along said exterior line for solid filling,
about 25.40 feet to a point distant 50 feet northerly at
right angles from the northerly line of Second Street
extended; thence-
Westerly and parallel to the northerly line of Second
Street extended 522.92 feet, more or less, to the point
or place of beginning.
With the right, liberty, privilege, and franchise to
exclude the tidewater from so much of the lands above
described as lies under tidewater, by filling in, or other-
wise improving the same, and to appropriate the land
above described to exclusive use except as hereinafter
stated and
With the right, liberty, privilege, and franchise of
building piers only on so much of the land above described
as lies between the exterior line for solid filling and the
exterior line for piers as established by the authority of
the State of New Jersey.
And if and when said exterior lines shall be fixed, or
if said exterior lines have been heretofore fixed, at any
other points or places farther out into the Hudson River,
also any and all lands under water lying between the pres-
ent exterior lines above described and the new exterior
line or lines that may hereafter be fixed, or that have been
heretofore fixed, the same to be used for solid filling and
for piers respectively agreeably to the terms of such
extension.
All the rights, title, claims, privileges, and interest of
North German Lloyd Dock Company and North German
Lloyd in and to a parcel of land and land under waters
of Hudson River, in the City of Hoboken, County of
Hudson, and State of New Jersey, particularly described
as follows:
Beginning at a point in the northerly line of Fourth
Street if the same were extended 259.55 feet easterly
102
from the easterly line of River Street and running
thence-
Northerly and parallel to River Street extended 100
feet; thence-
Easterly and parallel to Fourth Street extended 988.37
feet, more or less, to the exterior line for piers established
by the Riparian Commissioners of New Jersey on Octo-
ber 28, 1897; thence-
Southerly along said exterior line for piers 100.17 feet.
to the northerly line of Fourth Street if the same were
extended; thence-
Westerly along the northerly line of Fourth Street if
the same were extended 982.55 feet, more or less, to the
place of beginning:
With the rights and privileges and subject to the limi-
tations and restrictions incident to and affecting the said
premises, as conveyed, transferred, and assigned to said
North German Lloyd Dock Company by deed dated
March 1, 1901, recorded April 22, 1901, in Book 775,
page 404, Conveyance Records of Hudson County, New
Jersey; and
Also the rights, title, privileges, franchises, claims, and
interest in and to the premises as above described, as
conveyed to North German Lloyd Dock Company by
deed and agreement of the Mayor and City Council of
Hoboken, dated May 23, 1901, recorded June 11, 1901,
in Liber 784, page 156, Conveyance Records of Hudson
County, New Jersey.
All the rights, title, claims, privileges, and interest of
the North German Lloyd Dock Company in and to the
parcel of land and land under waters of Hudson River,
in the City of Hoboken, County of Hudson, and State of
New Jersey, particularly described as follows:
Beginning at a point in the original high-water line of
the westerly shore of the Hudson River as said high-water
line existed according to the Loss Map in 1804, where the
same is intersected by a line 100 feet to the north at
right angles from the northerly line of Fourth Street,
and from thence running
Easterly parallel with the northerly line of Fourth
Street if the same were extended and distant 100 feet
northerly at right angles therefrom, 1,141.25 feet, more or
less, to the exterior line for piers adopted October 28,
1897, by the commissioners appointed under an act of
New Jersey approved April 11, 1864, and supplements,
thereto; thence-
Northerly along said exterior line for piers as adopted
50 feet, more or less, to a point 150 feet northerly at right
angles to the northerly line of Fourth Street if the same
were extended; thence-
Westerly parallel with northerly line of Fourth Street
if the same were extended and distant 150 feet northerly
at right angles therefrom 1,125.66 feet, more or less, to the
high-water line of the westerly shore of the Hudson River
103
as the same existed according to the Loss Map in 1804;
thence-
Southerly along said high-water line to the place of
beginning:
With the rights and privileges and subject to the lim-
itations and restrictions incident to and affecting the said
premises, as conveyed, transferred, and assigned to said
North German Lloyd Dock Company by deed dated
November 11, 1908, recorded November 12, 1908, in Liber
1022, page 243, Conveyance Records of Hudson County,
New Jersey; and
Rights, title, privileges, franchises, claims, and interest
in and to a portion of the premises as conveyed to North
German Lloyd Dock Company by deed dated February
1, 1909, recorded February 3, 1909, Liber 1030, page 174,
Conveyance Records of Hudson County, New Jersey.
To the North German Lloyd Dock Company, a corpo-
ration of the State of New Jersey, in respect of its reversion,
the sum of one dollar ($1.00).
To the North German Lloyd, a corporation of the Free
and Hanseatic City of Bremen in the German Empire,
$4,831,705 less $47,500, interest paid to the said Pru-
dential Life Insurance Company of America on account
of the obligation of said North German Lloyd, namely,
four million seven hundred eighty-four thousand, two
hundred five dollars ($4,784,205), to be paid to A. Mitchell
Palmer, Alien Property Custodian, appointed under the
provisions of the Trading with the Enemy Act, the same
to be held by him subject to the provisions of said Act, as
directed in the foregoing and annexed proclamation, said
sum of $4,784,205 to be chargeable with the payment and
satisfaction of all liens, by way of mortgage, judgment, or
otherwise, existing on, and all taxes and assessments due
and exigible on, the foregoing premises or any part thereof
on the 28th day of June, 1918.
EXECUTIVE ORDER
1921.
Whereas under the provisions of section 17 of the Act No. 3573, Nov. 2,
approved June 5, 1920, entitled "An Act to provide for
the promotion and maintenance of the American Mer-
chant Marine, etc.," the Shipping Board "is authorized
and directed to take over on January 1, 1921, the pos-
session and control of, and to maintain and develop, all
docks, piers, warehouses, wharves, and terminal equip-
ment and facilities, including all leasehold easements,
rights of way, riparian rights and other rights, estates and
interests therein or appurtenant thereto, acquired by the
President by or under the Act entitled 'An Act making
appropriations to supply urgent deficiencies in appropria-
tions for the fiscal year ending June 30, 1918, etc.'"; and
104
Hoboken piers.
Hoboken piers
revert to Ship-
ping Board.
Whereas by a further provision of said section 17,
"the President may at any time he deems it necessary
by order setting out the need therefor and fixing the period
of such need, permit or transfer the possession and con-
trol of any part of the property taken over by or trans-
ferred to the Shipping Board under this section to the
War Department or the Navy Department for their
needs"; and
Whereas the piers known as the Hoboken piers,
formerly the property of the North German Lloyd and
Hamburg American Steamship Companies were acquired
by the President under the Act referred to in paragraph
1 of section 17 of the Act of June 5, 1920, herein before
recited, and are therefore subject to the provisions of
said section 17; and
Whereas by Executive Order No. 3350 it was deter-
mined that the War Department retain of such property,
Piers 1, 4, 5, and 6, together with the north half of the
slip lying between Piers 1 and 2, south half of slip lying
between Piers 3 and 4, and all of slips lying between
Piers 4, 5, and 6; also bulkhead opposite Pier 1, bulkhead
opposite slip between Piers 1 and 2, south half of bulk-.
head opposite slip between Piers 2 and 3, and bulk-
heads opposite Piers 3, 4, 5, and 6, and the slips lying be-
tween the last-mentioned piers; also the second floor of
bulkhead opposite Pier 1, bulkhead opposite slip between
Piers 1 and 2, south half of bulkhead between Piers 2 and
3, and bulkheads opposite Piers 3, 4, and 5, and the slips
lying between the last-named piers; also the offices on
third floor of bulkhead Piers 1 to 3, inclusive, and the
yard space opposite Piers 1 to 6, inclusive, together with
all buildings located thereon; and
Whereas by Executive Order No. 3549, dated Sep-
tember 19, 1921, it was determined that it was unneces-
sary for the War Department to retain Piers 5 and 6 and
it was directed that possession and control of same revert
to the United States Shipping Board; and
Whereas the possession and control by the War De-
partment of the remaining portions of the property de-
scribed in Executive Order No. 3350 are no longer
necessary; now
Therefore, I do hereby determine that the possession.
Panama Railroad and control, by the War Department, of the property re-
tained by Executive Order No. 3350 and not heretofore
transferred to the United States Shipping Board, is un-
Steamship Co.
105
necessary and direct that such property revert to the
United States Shipping Board in its present condition;
subject, however, to the use by the Panama Railroad
Steamship Line of berthing space at Pier 1 for not ex-
ceeding two vessels at any one time for its regular service
to, Panama, the Panama Railroad Steamship Line to pay
the usual commercial rates for such berthing: Provided,
however, That the transfer of Pier 4 and the bulkhead
opposite Pier 4 shall be effected on or about November
15th, 1921.
THE WHITE HOUSE,
November 2, 1921.
WARREN G. HARDING.
[No. 3573]
The Hoboken piers were turned over piecemeal by 5 previous proclamations, the War
Department claiming need for them.
This Executive Order completes the exchange, the only reservation of space being that
for the Panama Railroad Steamship Line.
EXECUTIVE ORDER
No. 3920, Nov. 3,
An Executive order transferring a portion of the Army.1923.
supply base, at Charleston, S. C., from the control of the
War Department to the control of the United States
Shipping Board.
Whereas the property described below comes within
the terms of section 17 of an Act of Congress, approved
June 5th, 1920 (41 Stat. 994), entitled: "An Act to
provide for the promotion and maintenance of the Amer-
ican Merchant Marine, to repeal certain emergency
legislation and provide for the disposition, regulation,
and use of property acquired thereunder, and for other
purposes," known as the Merchant Marine Act, 1920;
and, as I deem the transfer thereof, as below provided,
to be for the best interests of the United States;
Now then, by virtue of the power and authority
vested in me by section 17 of the above described Act,
it is ordered:
The possession and control of all that portion of the
Charleston Quartermaster Intermediate Depot, U. S. A.,
located near Charleston, South Carolina, designated as
tracts Nos. 1 and 2 on the map on file in the Office of the
Quartermaster General of the Army, entitled: "Charles-
106
Proviso.
Proviso.
ton Port Terminals, S. C., Boundary Survey of part of
Quartermaster Terminal, Plan No. 6243-107," dated
May 10th, 1923; together with all improvements thereon,
consisting of docks, piers, warehouses, wharves and ter-
minal equipment and facilities or parts thereof, including
all leasehold easements, rights of way, riparian rights,
and other rights, estates or interests therein or appurte-
nant thereto, owned by the United States, are hereby
transferred, in their present condition, from the War
Department to the United States Shipping Board.
Provided, however, there are hereby reserved to the
War Department, the following rights, privileges and
easements in the property thus transferred:
(1) A right of way over railroad tracks on tract No. 1,
referred to above, for the purpose of ingress and egress,
with cars and locomotives, to adjoining property remain-
ing under the control of the War Department. So long as
such tracks are maintained by the United States Ship-
ping Board for its own purposes, the War Department
shall not be required to contribute to the expense of their
maintenance; but the United States Shipping Board shall
not be under obligation to maintain them for the use of
the War Department, if the board elects to abandon
them; in that event, the War Department shall have an
appropriate right of way through tract No. 1 for such
connecting track or tracks as it may build and maintain.
(2) There is also reserved to the War Department the
right to enter in and upon tract No. 2, referred to above,
for the purpose, at the cost of the War Department, of
maintaining and repairing the sewer at present thereon,
extending from tract No. 4, as shown on the map referred
to above, to the Cooper River; and the United States
Shipping Board, its agents or lessees, shall in no way
interfere with such maintenance and upkeep.
And it is hereby further provided:
(a) This transfer is subject to the rights of the Charles-
ton Port Terminal, lessee of the property hereby trans-
ferred, under a certain lease heretofore duly entered into
by the War Department, dated June 15, 1923, which lease
is subject to cancellation, at the instance of the United
States, on thirty days notice, and it shall be the duty of
the War Department to serve such notice, at the request
of the United States Shipping Board. The original, or a
duly authenticated copy of such lease shall be filed with
the Secretary of the United States Shipping Board within
107
twenty days of the date of this order. The transfer is
also subject to any commitments of space made in the
fifth warehouse, counting from the southern end of the
terminal, which warehouse is marked on the map as
number 5, with respect to commodities in storage in said
warehouse number 5, under certificates issued pursuant
to the license held by the lessee from the Department of
Agriculture, dated on or about August 17th, 1923.
(b) As equipment for transmitting and distributing
electric current and water supply, and also a part of the
sewer system, serves jointly the property hereby trans-
ferred to the United States Shipping Board, and property
adjacent thereto, retained in the possession and control
of the War Department, such equipment shall be main-
tained and operated, and compensation shall be made for
the electric current and water supply used by the War
Department, under an agreement between the Secretary
of War and the United States Shipping Board, or as may
be hereafter ordered.
15, 1923.
This order shall take effect on the 15th day of Decem- Effective Dec.
ber, 1923, at noon; and until that time the possession,
control and protection of the property shall remain with
the War Department.
amended.
All Executive orders heretofore made are hereby Previous orders
amended and modified with relation to the property
hereby transferred so far as may be necessary to conform
with the provisions of this order.
THE WHITE HOUSE,
November 3, 1923.
[No. 3920]
CALVIN COOLIDGE.
EXECUTIVE ORDER
An Executive order transferring a portion of the Army
supply base, at Norfolk, Virginia, from the control of
the War Department to the control of the United States
Shipping Board.
June 27, 1924.
1, 1924.
Whereas the property described below comes within No. 4038.
the terms of section 17 of an Act of Congress, approved Effective Sept.
June 5, 1920 (41 Stat. 994), entitled "An Act to provide
for the promotion and maintenance of the American
Merchant Marine, to repeal certain emergency legislation
108
and provide for the disposition, regulation, and use of
property acquired thereunder, and for other purposes,"
known as the Merchant Marine Act, 1920; and, as I
deem the transfer thereof, as below provided, to be for
the best interests of the United States;
Now then, by virtue of the power and authority vested
in me by section 17 of the above-described Act, it is ordered
that the following property be transferred from the War
Department to the United States Shipping Board, viz:
The possession and control of the property owned by
the United States in or near the city of Norfolk, Virginia,
and known as the Quartermaster Intermediate Depot,
U. S. A., as shown on a map on file in the War Depart-
ment, Quartermaster Corps, and entitled "War Depart-
ment, Quartermaster Corps, Construction Service-
Army Supply Base, Norfolk, Virginia-Boundary Sur-
vey," dated March 1, 1923, and marked: "Plan No.
6238-236"; excepting, however, from the property shown
on the plan mentioned, that area east of Maryland
Avenue, and north of the railroad tracks, marked "Area-
273.57 acres."
The property thus transferred is the area shown on the
above-mentioned map as marked "Area 561.57 acres,"
hereinafter called tract No. 1; and also the railroad right
of way connecting this property with the Virginian Rail-
way right of way, marked "Area 78.06 acres," herein-
after called tract No. 2; including all improvements on
both tracts, consisting of docks, piers, warehouses,
wharves and terminal equipment and facilities, or parts.
thereof, including all leasehold easements, rights of way,
riparian rights and other rights, estates or interests there-
in, or pertaining thereto, owned by the United States.
Provided, however, That the property hereby trans-
ferred is subject to the reservations set forth in Exhibit A
hereto annexed, all of which reservations, however, expire
and become null and void not longer than five years from
the date of this order, with the exception of the reserva-
tion pertaining to lands reserved for the storage of Ger-
man War Relics, the removal of which can not be effected
until funds for such purpose become available through
appropriate legislation.
There are also hereby transferred from the War De-
partment to the United States Shipping Board, the
possession, control and use of all equipment and supplies
as shown by an inventory to be filed in the office of the
109
Quartermaster General of the Army on the day and date
the transfer herein provided for shall become effective,
and entitled "Inventory of Equipment and Supplies, at
the Norfolk Quartermaster Intermediate Depot (as
distinguished from real estate, buildings and other im-
provements and fixtures attached thereto), transferred
to the United States Shipping Board by Executive
Order."
Provided, however, That there are hereby reserved to Proviso.
the War Department, the following rights, privileges and
easements in the property thus transferred:
(1) A right-of-way for all purposes, by rail, by road, or
by sidewalk, over track No. 2, referred to above, for the
purpose of ingress and egress, to and from adjoining
property remaining under the control of the War Depart-
ment, is hereby reserved to that department. The
exercise of this privilege shall be as may be agreed upon;
or, in the absence of agreement, then as hereafter directed,
by Executive order.
(2) The right to enter in and upon the tracks hereby
transferred is hereby reserved to the War Department for
the purpose of installing and maintaining any lighting,
water or sewerage system the War Department may
reasonably require in its use of the property it retains.
And it is hereby further provided:
(a) This transfer is subject to the rights of any lessees
of the property hereby transferred, under leases heretofore
duly entered into by the War Department, provided any
and all such leases are subject to cancellation, at the
instance of the United States, on notice not exceeding
sixty days. If the terms of any such lease provide such
notice shall be given by the War Department, it shall be
the duty of the War Department to serve such notice, at
the request of the United States Shipping Board. Orig-
inals, or duly authenticated copies of any such lease or
leases shall be filed with the Secretary of the United
States Shipping Board within twenty days of the date.
of this order.
(b) Should any part of the electric power transmission
line or the water and sewer systems, located on the prop-
erty hereby transferred, jointly serve the United States
Shipping Board and adjacent property retained in the
possession and control of the War Department, such
facilities shall be maintained and operated by the United
States Shipping Board, and compensation for such serv-
46209°—29- -8
Proviso
110
Previous orders
amended.
ices shall be paid by the War Department to the United
States Shipping Board under an agreement between the
Secretary of War and the United States Shipping Board,
or as may be hereafter ordered.
The transfer hereby ordered shall be made effective
on the first day of September, 1924, at noon; and until
that time the possession, control and protection of the
property shall remain with the War Department.
All Executive orders heretofore made are hereby
amended and modified so far as may be necessary to
conform with the provisions of this order.
THE WHITE HOUSE,
CALVIN COOLIDGE.
June 27, 1924.
[No. 4038]
EXHIBIT A
REAL ESTATE RESERVATIONS
(1) It is understood that any commercial telegraph or
telephone equipment or material comprising the present
telegraph and telephone systems at the Norfolk Quarter-
master Intermediate Depot, located upon land to be
transferred, and not owned by the Government, are not
included in this transfer.
(2) The War Department reserves from immediate
delivery the following land and improvements, for a
period of five (5) years: 5.79 acres of land, more or less,
located on the west tract of the base proper. (More
accurately defined on "Map No. 6238-236, dated March
1, 1923, and revised May 1, 1923, entitled 'Army Supply
Base, Norfolk, Virginia, Boundary Survey,'" filed in the
Office of the Quartermaster General of the Army);
warehouse building No. 10, with installed fixtures, fenc-
ing, trackage, etc.
This property will be used by the War Department in
connection with storage of material pertaining to the
coast defenses of Chesapeake Bay, and the War Depart-
ment will be responsible for all maintenance and repairs
to the warehouse, tracks and other facilities thereon
during the period of occupancy and usage by the War
Department, except that, in the case of switches, the War
Department will make only such repairs as are directly
caused by the negligence of employees or agents of the
111
War Department, or of employees of such agents, and
will not at any time be responsible for the filling, trim-
ming or lighting of lamps located at these switches, etc.
(3) The War Department will reserve the right to
utilize all natural and artificial drainage systems, sewers,
water mains and electric lines, now in place for the purpose
of serving such contiguous government-owned lands and
improvements as are not included in the transfer, pro-
viding that in the event the War Department disposes of
these lands the expense of disconnecting the aforesaid
systems will be borne by the Shipping Board.
(4) The War Department will reserve, for a period of
90 days from date of transfer:
(a) Officers' and warrant officers' quarters; building
No. 98.
(b) Tank houses 29 and 30, and outhouses connected
therewith, Nos. 99, 124, 137, 140, and 141.
(c) 1,220 sq. ft. section C, warehouse No. 4.
(5) In connection with the land and warehouse
reserved by par. 2 above, the War Department will
authorize the Shipping Board to use a right of way for
maintenance of that part of the main feeder electric pole
line which passes through the land and warehouse so
reserved.
(6) The War Department will retain possession of two
open storage spaces 67 x 300 ft., and 50 x 106 ft., respec-
tively, located in the western part of the lands transferred
(as shown by map), for storage of German war relics, until
such time as their removal can be accomplished.
(7) The War Department will reserve possession for a
period not exceeding one hundred twenty (120) days, of
sections B, C, and D, of warehouse No. 4; and part of the
shop section in warehouse No. 11, in order to give time
to remove property therein stored, and which property
is not hereby transferred.
(8) The War Department will retain the right of
ingress and egress to any necessary portion of the prop-
erty transferred, for the purpose of properly utilizing the
property reserved to the War Department.
J
112
No. 1845.
Aug. 2, 1928.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas an Act of Congress, entitled the "Merchant
Effective Sept. Marine Act, 1920," approved June 5, 1920, contains the
following provisions:
30, 1928.
Adequate ship-
ping to Virgin
Islands not
established.
Period extended
to Sept. 30, 1929.
"SEC. 21. That from and after February 1, 1922, the
coastwise laws of the United States shall extend to the
island territories and possessions of the United States
not now covered thereby, and the board is directed prior
to the expiration of such year to have established adequate
steamship service at reasonable rates to accommodate
the commerce and the passenger travel of said islands
and to maintain and operate such service until it can be
taken over and operated and maintained upon satis-
factory terms by private capital and enterprise: Pro-
vided, That if adequate shipping service is not established
by February 1, 1922, the President shall extend the
period herein allowed for the establishment of such
service in the case of any island territory or possession
for such time as may be necessary for the establishment
of adequate shipping facilities therefor."
And whereas an adequate shipping service to ac-
commodate the commerce and the passenger travel of
the Virgin Islands has not been established as provided
by section 21 of the "Merchant Marine Act, 1920";
And whereas the President of the United States in
accordance with the authority vested in him by section
21 of the "Merchant Marine Act, 1920," has from time
to time, to wit, on February 1, 1922, on May 18, 1922,
on October 28, 1922, on October 25, 1923, on April 7,
1924, on October 23, 1924, on April 25, 1925, on No-
vember 24, 1925, on August 14, 1926, and on August 9,
1927, issued proclamations extending the time for the
establishment of such service, and deferring the applica-
tion of the coastwise laws to the Virgin Islands until
September 30, 1928.
Now, therefore, I, Calvin Coolidge, President of the
United States of America, acting under and by virtue
of the authority conferred upon me by section 21 of the
above-mentioned Act, do hereby declare and proclaim
that the period for the establishment of an adequate
shipping service with the aforesaid Virgin Islands be
further extended from September 30, 1928, to September
30, 1929;
113
coastwise laws
And inasmuch as the extension of the coastwise laws Extension of
of the United States to the Virgin Islands, as provided deferred.
to Virgin Islands
in section 21 of the "Merchant Marine Act, 1920,"
is dependent upon the establishment of an adequate
shipping service to such island possession, I do hereby
further proclaim and declare that the extension of the
coastwise laws of the United States to the Virgin Islands
is deferred from September 30, 1928, to September 30,
1929.
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 2nd day of August,
in the year of our Lord One Thousand Nine Hundred
and Twenty-eight, and of the Independence of the
United States of America the One hundred and Fifty-
third.
[SEAL]
By the President:
FRANK B. KELLOGG
Secretary of State.
[No. 1845]
CALVIN COOLIDGE.
ACT EXTENDING STEAMBOAT INSPECTION LAWS
TO SHIPPING BOARD VESSELS
[PUBLIC-No. 65-66TH CONG.]
[S. 633]
An Act Extending the provisions for the regulation of steam vessels
to vessels owned or operated by the United States Shipping
Board, and for other purposes
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That all steam vessels owned or operated by the United
States Shipping Board, or any corporation organized or
controlled by it, shall be subject to all the provisions of
title 52 of the Revised Statutes of the United States for
the regulation of steam vessels and acts amendatory
thereof or supplemental thereto.
Received by the President, October 14, 1919.
[NOTE BY THE DEPARTMENT OF STATE.-The foregoing
Act having been presented to the President of the United
States for his approval, and not having been returned by
him to the House of Congress in which it originated
within the time prescribed by the Constitution of the
United States, has become a law without his approval.]
(114)
APPENDIX
EMERGENCY SHIPPING LEGISLATION
EMERGENCY SHIPPING ACT
[Repealed June 5, 1920. See section 1 of Merchant Marine Act]
The emergency shipping fund provision of the urgent deficiencies appropriations act Chap. 29, 40 Stat
approved June 15, 1917, as amended by "An Act to amend the emergency shipping L. 182; June 15,
fund provisions of the urgent deficiency appropriation Act approved June fifteenth, 1917 (H. R. 3971).
nineteen hundred and seventeen, so as to empower the President and his designated (Public, No. 23,
agents to take over certain transportation systems for the transportation of shipyard 65th Cong.).
and plant employees, and for other purposes," approved April 22, 1918; and amend- Chap. 62, 40 Stat.
ments of "An Act making appropriations to supply deficiencies in appropriations L. 535; Apr. 22,
for the fiscal year ending June 30, 1919, and prior fiscal years on account of war expenses, 1918 (S. 3388).
and for other purposes," approved November 4, 1918.1
EMERGENCY SHIPPING FUND
(Public, No. 138,
65th Cong.).
Chap. 201, 40
Stat. L. 1022
(H. R. 13086).
1. The President is hereby authorized and empowered, within (Public, No. 233,
the limits of the amounts herein authorized 2-
65th Cong.).
Power conferred
on the President.
(a) To place an order with any person for such ships or material
as the necessities of the Government, to be determined by the To order ships
President, may require during the period of the war and which are and materials.
of the nature, kind and quantity usually produced or capable of
being produced by such person.
contract for ships
(b) To modify, suspend, cancel, or requisition any existing or To cancel, requi-
future contract for the building, production, or purchase of ships or sition, etc., any
material or take possession, lease or assume control of any street and materials.
railroad, interurban railroad, or part thereof, cars and other equip- To take posses-
ment necessary to operation.
sion of street
railroads, etc.
(c) To require the owner or occupier of any plant in which ships To take the
or materials are built or produced to place at the disposal of the product of ship-
United States the whole or any part of the output of such plant, to building plants,
deliver such output or part thereof in such quantities and at such
times as may be specified in the order.
etc.
tion, etc., any
(d) To acquire, construct, establish, or extend any plant, and in To acquire, con-
pursuance thereof, to purchase, requisition, or otherwise acquire struct, requisi-
title to or use of land improved or unimproved or interest therein; industrial plant.
and 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 con-
tract 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 con-
structed, or any part thereof, or charter of such ship.
charters.
To take posses-
(f) To take possession of, lease or assume control of, or to extend, To purchase,
improve, or increase, or cause to be extended, improved, or increased requisition, etc.,
any street railroad, interurban railroad, or part thereof wherever ships and
operated, and all cars, appurtenances, and franchises or parts
thereof commonly used in connection with the operation thereof
necessary for the transfer and transportation of employees of ship- sion of street
yards or plants engaged or that may hereafter be engaged in the railroads, etc.
construction of ships or equipment therefor for the United States. To make loans
(g) In pursuance of the foregoing powers, or any of them, to and advances.
make advance payments or loans of such amounts and upon such
terms as the President may deem necessary and proper.
1 For the full text of these amending acts, see pp. 117, 118.
? The President delegated this authority to the board and Emergency Fleet Corpora-
tion by Executive orders of July 11, 1917, June 18, 1918, and Dec. 3, 1918. (See pp. 119, 120.)
(115)
116
Compliance with
orders com-
pulsory.
President may
take possession.
Just compensa-
erty taken.
2. Compliance with all orders issued hereunder shall be obliga-
tory 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 materials 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.
3. Whenever the United States shall cancel, modify, suspend, or
tion for all prop- 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 unsat-
isfactory 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,
Vol. 36, pp. 1093, 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
delegate powers vested in him, and expend the money herein and hereafter appro-
priated through such agency or agencies as he shall determine
from time to time.³
1136.
President may
under this act.
Proviso.
the Emergency
Fleet Corpora-
tion.
Provided, That all money turned over to the United States
Expenditures of 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.
5. The word "person" as used herein, shall include any individ-
ual, trustee, firm, association, company, corporation, or contractor.
6. The word "ship" shall include any boat, vessel, or submarine
and the parts thereof.
Management,
operation, and
disposition of
ships.
Terms defined.
Person."
"Ship."
"Material."
"Plant."
"United States."
Termination of
authority.
Appropriations.'
Acquisition of
ships, plants,
materials, and
charters.
7. The word "material" shall include stores, supplies, and
equipment for ships, and everything required for or in connection
with the production thereof.
8. The word “plant" shall include any factory, workshop, ware-
house engine works; buildings used for manufacture, assembling,
construction, or any process; any shipyard, dry dock, marine rail-
way, pier, or dockyard and discharging terminal and any facilities
or improvements connected with any of the foregoing descriptions
of property.
9. The words "United States" shall include all lands and waters
subject to the jurisdiction of the United States of America.
10. All authority granted to the President herein, or by him
delegated, shall cease six months after a final treaty of peace is
proclaimed between this Government and the German Empire.
11. The cost of purchasing, requisitioning, or otherwise acquiring
plants, material, charters, or ships now constructed or in the course
of construction and the expediting of construction of ships thus under
construction shall not exceed the sum of $250,000,000, exclusive of
the cost of ships turned over to the Army and Navy, the expenditure
of which is hereby authorized, and in executing the authority
granted by this Act for such purpose the President shall not expend
'By Executive order of July 11, 1917, the President designated the Shipping Board
and the Emergency Fleet Corporation to exercise the powers conferred herein. See
p. 48.
For further emergency shipping fund appropriations see the acts of Oct. 6, 1917,
July 1, 1918, and Nov. 4, 1918.
117
·
or obligate the United States to expend more than the said sum; and
there is hereby appropriated for said purpose, $150,000,000: Pro-
vided, That this appropriation shall be reimbursed from available
funds under the War and Navy Departments for vessels turned over
for the exclusive use of those departments or either of them.
12. The cost of construction of ships authorized herein shall not Construction of
exceed the sum of $500,000,000, the expenditure of which is hereby ships.
authorized, and in executing the authority granted herein for such
purpose the President shall not expend or obligate the United States
to expend more than said sum; and there is hereby appropriated for
said purpose, $250,000,000.
13. For the operation of the ships herein authorized or in any Operation of
way acquired by the United States, except those acquired for the ships.
Army or Navy, and for every expenditure incident thereto,
$5,000,000.
METHOD OF COMPENSATION FOR TRANSPORTATION FACILITIES
TAKEN OVER, AROUND SHIPYARDS, AS PROVIDED BY ACT OF APRIL
22, 1918
Just compensa-
SEC. 3. That upon taking possession of such property, or leasing
or assuming control thereof, just compensation shall be made there- tion.
for, 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 of America to recover such further
sums as added to seventy-five per centum will make up such amount Vol. 36, pp. 1093,
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.
1136.
The President may exercise the power and authority hereby
vested in him through the several departments of the Government President may
and through such agency or agencies as he shall determine from time
to time.5
Approved, April 22, 1918.º
[PUBLIC NO. 138-65TH CONG.]
[S. 3388]
An Act To amend the emergency shipping fund provisions of the urgent deficiency
appropriation act approved June fifteenth, nineteen hundred and seventeen, so as
to empower the President and his designated agents to take over certain transporta-
tion systems for the transportation of shipyard and plant employees, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That section one of the emergency shipping fund provisions of
the urgent deficiency appropriation act of June fifteenth, nineteen hundred and seven-
teen, is hereby amended by adding a new provision reading as follows:
"(f) To take possession of, lease or assume control of, any street railroad, interurban
railroad, or part thereof wherever operated, and all cars, appurtenances, and franchises
or parts thereof commonly used in connection with the operation thereof necessary for
the transfer and transportation of employees of shipyards or plants engaged or that may
hereafter be engaged in the construction of ships or equipment therefor for the United
States."
SEC. 2. That paragraph (b) of section one of said act is hereby amended by adding,
after the word "material," in the third line of said paragraph, the following words, "or
take possession, lease or assume control of, any street railroad, interurban railroad,
or part thereof, cars and other equipment necessary to operation."
SEC. 3. That upon taking possession of such property, or leasing or assuming control
thereof, just compensation shall be made 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
of America to recover such further suins as added to 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 through
the several departments of the Government, and through such agency or agencies as he
shall determine from time to time.
Approved, April 22, 1918.
All power under this act was delegated by the President to the Emergency Fleet
Corporation by Executive orders of June 18, 1918, and December 3, 1918. (See pp. 119, 120.)
The President delegated this authority to the Emergency Fleet Corporation by
Executive orders of June 18, 1918, and Dec. 3, 1918. (See pp. 119, 120.)
• Entire text of the shipyard transportation facilities act. (For amended act, see the
emergency shipping act.)
delegate powers.
118
Amount author-
plants, etc.,
Increased.
See emergency
shipping fund of
Oct. 6, 1917.
Proviso.
SECTIONS 2 AND 3 OF "AN ACT MAKING APPROPRIATIONS TO SUPPLY
DEFICIENCIES IN APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30, 1919, AND PRIOR FISCAL YEARS, ON ACCOUNT OF WAR EX-
PENSES, AND FOR OTHER PURPOSES," APPROVED NOVEMBER 4, 19187
[Repealed June 5, 1920. See section 1 of Merchant Marine Act]
2. For the acquisition or establishment of plants, suitable for ship
ized for acquiring building or ship maintenance or repair, or of materials essential
thereto, and for the enlargement or extension of such plants as are
now or may be hereafter acquired or established, authority is
granted to enter into contracts or otherwise to incur obligations for
not to exceed $34,662,500 in addition to the amounts heretofore
appropriated: Provided, That obligations incurred hereunder may
be met from appropriations made or to be made for the construction
of ships.
Use of ship con-
struction fund
therefor.
[PUBLIC NO. 233--65TH CONGRESS]
[H. R. 13086]
An Act Making appropriations to supply deficiencies in appropriations for the fiscal
year ending June 30, 1919, and prior fiscal years, on account of war expenses, and for
other purposes.
Board not to
charge War De-
partment charter
hire for United
States vessels.
See p. 915 of
Statutes for 65th
Cong., 2d sess.
SHIPPING BOARD
EMERGENCY SHIPPING FUND
1. The emergency shipping fund provision of the urgent deficiency appropriation
Act of June 15, 1917, as amended by the Act of April 22, 1918 (Public Act No. 138 of the
Sixty-fifth Congress), is hereby amended as follows:
(1) In subdivision (d) of paragraph one, to begin said subdivision and to precede the
words "to requisition," are now inserted the words: "To acquire, construct, establish,
or extend any plant, and in pursuance thereof, to purchase, requisition, or otherwise
acquire title to or use of land improved or unimproved or interest therein; and"
(II) In subdivision (f) of said paragraph one, after the words, "or assume control of,"
are now inserted the words "or to extend, improve, or increase, or cause to be extended,
improved, or increased."
(III) After said subdivision (f) in said paragraph one, a new subdivision is now
inserted as follows:
"(g) In pursuance of the foregoing powers, or any of them, to make advance pay-
ments or loans of such amounts and upon such terms as the President may deem neces-
sary and proper.
(IV) In paragraph eight of said provisions, after the word "shipyard," are now
inserted the words "dry-dock, marine railway, pier." In sald paragraph the words
"or other facilities connected therewith" are stricken out and there are now inserted
after the word "terminal," the following words: "and any facilities or improvements
connected with any of the foregoing descriptions of property."
2. For the acquisition or establishment of plants suitable for shipbuilding or ship
maintenance or repair, or of materials essential thereto, and for the enlargement or
extension of such plants as are now or may be hereafter acquired or established, author-
ity is granted to enter into contracts or otherwise to incur obligations for not to exceed
$34,662,500 in addition to the amounts heretofore appropriated: Provided, That obliga-
tions incurred hereunder may be met from appropriations made or to be made for the
construction of ships.
3. The United States Shipping Board shall not require payment from the War Depart-
mert for the charter hire of vessels furnished or to be furnished from July 1, 1918, to
June 30, 1919, inclusive, for the use of that department when such vessels are owned by
the United States Government.
All authority under this Act was delegated to the Emergency Fleet Corporation by
Executive order of December 3, 1918. (See p. 39.)
3. The United States Shipping Board shall not require payment
from the War Department for the charter hire of vessels furnished
or to be furnished from July 1, 1918, to June 30, 1919, inclusive, for
the use of that department when such vessels are owned by the
United States Government.
Approved, November 4, 1918.
EXECUTIVE ORDER
[Repealed June 5, 1920. See section 1, Merchant Marine Act]
Delegating to the Shipping Board and the Emergency Fleet Cor-
poration the powers granted the President by the emergency ship-
ping legislation.
7 Entire text of the emergency shipping act of Nov. 4, 1918. (For the amended Act,
see the Emergency Shipping Act.)
119
By virtue of authority vested in me in the section entitled "Emer-
gency shipping fund" of an Act of Congress entitled "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," approved June 15, 1917, I
hereby direct that the United States Shipping Board Emergency
Fleet Corporation shall have and exercise all power and authority
vested in me in said section of said Act, in so far as applicable to
and in furtherance of the construction of vessels, the purchase or
requisitioning of vessels in process of construction, whether on the
ways or already launched, or of contracts for the construction of such
vessels, and the completion thereof, and all power and authority
applicable to and in furtherance of the production, purchase, and
requisitioning of materials for ship construction.
And I do further direct that the United States Shipping Board
shall have and exercise all power and authority vested in me in said
section of said Act, in so far as applicable to and in furtherance of
the taking over of title or possession, by purchase or requisition, of
constructed vessels, or parts thereof, or charters therein; and the
operation, management, and disposition of such vessels, and of all
other vessels heretofore or hereafter acquired by the United States.
The powers herein delegated to the United States Shipping Board
may, in the discretion of said board, be exercised directly by the
said board or by it through the United States Shipping Board
Emergency Fleet Corporation, or through any other corporation
organized by it for such purpose.
THE WHITE HOUSE,
WOODROW WILSON.
11 July, 1917.
EXECUTIVE ORDER
[Repealed June 5, 1920. See section 1, Merchant Marine Act]
Delegating to the United States Shipping Board Emergency Fleet
Corporation the powers granted to the President by the Act of
Congress amendatory of the emergency shipping legislation, and
approved April 22, 1918.
By virtue of authority vested in me by the Act of Congress,
entitled "An Act to amend the emergency shipping fund provisions
of the urgent deficiency appropriation act, approved June fifteenth,
nineteen hundred and seventeen, so as to empower the President and
his designated agents to take over certain transportation systems for
the transportation of shipyard and plant employees, and for other
purposes," approved April 22, 1918,8 I hereby direct that the
United States Shipping Board Emergency Fleet Corporation shall
have and exercise all power and authority vested in me by said Act.
WOODROW WILSON.
THE WHITE HOUSE,
18 June, 1918.
EXECUTIVE ORDER
[Repealed, June 5, 1920. See section 1, Merchant Marine Act]
Delegating to the United States Shipping Board and to the
United States Shipping Board Emergency Fleet Corporation, re-
spectively, powers granted to the President by Acts of Congress
relative to the emergency shipping fund and approved on or prior
to November 4, 1918.
Whereas, by Executive Order No. 2664, dated July 11, 1917, I
delegated to the United States Shipping Board and to the United
See Executive order of Dec. 3, 1918 (p. 120).
120
States Shipping Board Emergency Fleet Corporation, respectively,
certain powers vested in me under the section entitled "Emergency
shipping fund" of the urgent deficiency appropriation act approved
June 15, 1917; and
Whereas, since the issuance of said Executive order, the said
powers granted in said Act have been variously affected or extended
by the section entitled "Emergency shipping fund" of the urgent
deficiency appropriation Act approved October 6, 1917, by Public
Act No. 138, Sixty-fifth Congress, approved April 22, 1918, amend-
ing said section of said Act of June 15, 1917, and by the sections
entitled "Emergency shipping fund" in the sundry civil appro-
priation act approved July 1, 1918, and in the first deficiency
appropriation act, 1919, approved November 4, 1918, respectively:
Now, therefore, by virtue of the authority vested in me by said
laws, supplementing said order No. 2664, but in no way limiting
or restricting the effect thereof, or of Acts heretofore done in pur-
suance thereof, I do hereby delegate all the power and authority
so vested in me, and do direct that-
1. The United States Shipping Board Emergency Fleet Cor-
poration shall have and exercise all power and authority now
vested in me by said laws with reference to any and all activities
which may be directly or indirectly applicable to ship or plant
construction; and
2. The United States Shipping Board shall have and exercise,
subject to its discretion in turn to delegate such exercise as provided
in said Executive Order No. 2664, all power and authority now
vested in me by said laws with reference to constructed dry docks,
marine railways and piers, and to constructed vessels or parts
thereof or charters therein; to the operation, management, and
disposition of such dry docks, marine railways, piers, and vessels;
and to such other matters as are not herein mentioned.
3. All Acts heretofore done by said corporation or by said board,
with reference, respectively, to the kinds of power or authority
herein delegated to each, and which could have been properly done
by me under such statutes or any of them, be, and they are hereby,
ratified and confirmed.
THE WHITE HOUSE,
3 December, 1918.
WOODROW WILSON.
40 U. S. Stat. L.
913.
July 18, 1918 (H.
R. 12099).
(Public, No. 202.)
Terms defined.
"United States."
"Person.'
46 Charter."
the President
[Repealed, June 5, 1920. See section 1, Merchant Marine Act]
CHAP. 157.-An Act to confer on the President power to prescribe charter rates and
freight rates and to requisition vessels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That when used in
this Act-
(a) The term “United States" includes any State, Territory, or
District of the United States, the insular possessions, the Canal
Zone, and all lands or waters subject to the jurisdiction of the
United States.
""
(b) The term "person' includes corporations, partnerships,
associations, and States, municipalities, and other subdivisions
thereof.
Powers vested in (c) The term "charter" means any agreement, contract, lease, or
commitment by which the possession or services of a vessel are
secured for a period of time, or for one or more voyages, whether
or not a demise of the vessel.
may be delegated.
SEC. 2. That the President may exercise the power and authority,
hereby vested in him through such agency or agencies as he shall
determine from time to time.
• See Executive order of June 18, 1918 (p. 119).
121
war.
Proviso.
SEC. 3. That all power and authority hereby vested in the Presi- Authority to
dent or by him delegated and all restrictions imposed in this Act cease at end of
shall cease upon the proclamation of the final treaty of peace be-
tween the United States and the Imperial German Government:
Provided, That if, in the judgment of the President, the tonnage
shortage at such time is so severe that national interests of the
United States are jeopardized, he may, by proclamation, extend tended 9 months
the provisions of this Act for a further period of not exceeding nine after the war.
months.
Act may be ex-
Powers to be
SEC. 4. That the powers herein conferred shall be without prej- without preju-
udice to any power heretofore conferred on the President, or by dice to previous
him delegated.
acts.
SEC. 5. That the President may, by proclamation,10 require that Charters to be
approved by
vessels of the United States of any specified class or description or President.
in any specified trade or trades shall not be chartered unless the
instrument in which such charter is embodied, and the rates, terms,
and conditions thereof are first approved by him. Whenever any
vessel is comprised in any such proclamation, it shall be unlawful
to make any charter thereof, or comply with or perform any of the
rates, terms, or conditions of any charter thereof, or to operate
such vessel under any charter, without first obtaining the approval
thereof by the President.
ters must be
rates.
Whenever any charter of such vessels is approved, it shall be Changes in char-
unlawful, without the approval of the President first obtained, to approved.
make any alterations in such charter, or additions thereto or dele-
tions therefrom, or to make or receive any payment or do any act
with respect to such vessel, except in accordance with such charter.
SEC. 6. That the President 11 shall have power to determine, pre- President may
scribe, and enforce reasonable freight rates and the terms and con- prescribe freight
ditions of affreightment which shall govern the transportation of Freight rates
goods on vessels of the United States, which shall be filed with the must be filed
United States Shipping Board and open to public inspection. It with the board.
shall be unlawful to charge or collect any compensation for the
transportation of goods on any such vessel, or to enforce or attempt
to enforce any terms or conditions of affreightment, or to make or
receive any payment or do any act with respect to such transpor-
tation, not in accordance with the rates, terms, and conditions so
prescribed, anything in contract, whether heretofore or hereafter
made, to the contrary notwithstanding.
portation and
vessels.
SEC. 7. That the President shall have power to prescribe the Priority in trans-
order of priority in which goods shall be carried or other services service.
performed by any vessel of the United States and to specify goods Voyage or em-
which shall be carried or to direct the voyage or employment of plo, ment of
any such vessel and to make such rules, regulations, and orders, Handling of
with respect to any such vessel, relating to the loading, discharging, freight, lighter-
lighterage, or storage of goods, or the procurement of bunker fuel, age, storage,
bunkering, etc.
or any other matter relating to the receiving, handling, transport-
ing, storing, or delivering of goods, as may in his judgment be
necessary and proper for the efficient utilization of transportation
facilities and the effective conduct of the war.
SEC. 8. That the President may by proclamation 12 extend the Extension to for-
provisions of sections five, six, and seven, or any of them, to any eign vessels char-
vessel of foreign nationality under charter to a citizen of the United of United States.
tered by citizens
States or other person subject to the jurisdiction thereof.
SEC. 9. That the President shall have power to make such rules, Protection
regulations, and orders regarding voyages, courses, the use of against war
protective devices, and any other matters affecting the navigation, Exclusion of ves-
perils.
equipment, fueling, painting, or arming of vessels of the United sels from danger
States as may, in his judgment, be conducive to the protection of zone.
such vessels from submarines, mines, or other war perils, any
expense so incurred to be allowed for in determining freight and
charter rates under this Act. If in his judgment any vessel or
class of vessels on account of size, speed, structure, method of
10 This authority was delegated to the Shipping Board by proclamation of July 29,
1918. (See p. 124.)
This authority was delegated to the Shipping Board by Executive order of Dec. 3,
1918. (See p. 120.)
122
Orders may be
confidential.
propulsion, or for any other reason is unfit for service in any
waters which he may declare to be a danger zone, he may, by order,
exclude such vessel or vessels from such danger zone. It shall be
unlawful to violate any order, rule, or regulation made under this
section. Rules, regulations, or orders issued under this section
may, in the discretion of the President, be issued confidentially,
in which event they shall be binding only on such persons as have
notice thereof.
Approval of for-
eign vessels char-
SEC. 10. That the President may by proclamation 12 require that
tered to citizens no citizen of the United States, or other person subject to the juris-
of United States. diction thereof, shall charter any vessel of foreign nationality
unless the instrument in which such charter is embodied and the
rates, terms, and conditions thereof are first approved by the
Charters and con- President. After the making of such proclamation it shall be
ditions not so ap- unlawful for any such citizen or person to make any charter of
any such vessel, or comply with or perform any of the rates, terms,
or conditions, of any charter thereof, or to operate any such vessel
under any charter, without first obtaining the approval thereof by
the President.
proved unlawful.
Unauthorized
changes, etc.,
prohibited.
or services of
vessels.
Requisition
charter to be
submitted,
Compensation if
charters not
accepted.
Whenever any such charter is approved it shall be unlawful,
without the approval of the President first obtained, to make any
alterations in such charter or additions thereto or deletions there-
from, or to make or receive any payment or do any act with respect
to such vessel, except in accordance with such charter.
President may SEC. 11. That the President shall have power to requisition for
requisition tem-
porary possession 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 States.
Upon requisitioning such possession or services, or as soon there-
after as the exigencies of the situation may permit, the President
shall transmit to the person entitled to the possession of such ves-
sel 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 compensa-
tion has been agreed to), the United States shall pay just compensa-
tion 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.
Compensation
for loss of vessel.
Priority in use of
dry docks,
wharves, termi-
nal facilities,
lighterage, ware
houses, etc.
SEC. 12. That the President 13 shall have power to prescribe the
order of priority in which persons in possession of dry docks,
wharves, lighterage systems, or loading or discharging terminal
facilities in any port of the United States, or warehouses, equip-
ment, or terminal railways connected therewith, shall serve vessels
and shippers, and to determine, prescribe, and enforce the rates,
12 The President issued this proclamation July 29, 1918. (See p. 124.)
13 This authority was delegated to the Shipping Board by Executive order of Dec. 3,
1918. (See p. 120.)
123
terms, and conditions charged or required for the furnishing of Regulation of
such services, including stevedoring and handling of cargo, and the rates for use of
dry docks, light-
handling, dispatching, and bunkering of vessels, and to make such erage, ware-
rules and regulations with respect to the conduct of any such houses, terminal
business as may be necessary and proper. It shall be unlawful facilities, etc.
to charge, collect, or claim any compensation, or to enforce or
attempt to enforce any terms or conditions, or to make or receive
any payment or do any act, with respect to any such service not
in accordance with the rates, terms, and conditions so prescribed, Dry docks, termi-
any thing in any contract, whether heretofore or hereafter made, may be leased or
to the contrary notwithstanding.
SEC. 13. That the President shall have power to lease or requisi-
tion the use or temporary possession of, or to assume temporary
control of, any dry docks, wharves, or loading or discharging ter-
minal facilities, in any port of the United States, or warehouses,
equipment, or terminal railways connected therewith.
nal facilities, etc.,
requisitioned.
Suit if amount
Whenever the President requisitions or assumes control of any Just compensa-
such property, the United States shall pay just compensation tion.
therefor, to be determined by the President. If the amount so unsatisfactory.
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.
Whenever the President acquires by purchase, lease, or requisi- Immediate pos-
tion, or assumes control of any such property immediate possession
session may be
taken of property
may be taken thereof to the extent of the interest acquired therein, requisitioned,
and such property may be immediately occupied and used without purchased, or
regard to the provisions of section three hundred and fifty-five of leased.
R. S., sec. 355,
p. 60.
ipal property
exempt from
requisition.
the Revised Statutes.
Nothing in this section shall authorize the President to requisi- State and munic-
tion the title to any such property owned by any State, municipal-
ity, or subdivision thereof.
SEC. 14. That whenever by this Act permission is given to sue the Suits to be
United States such suit shall be brought in the manner provided in brought in the
section twenty-four, paragraph twenty, and section one hundred
and forty-five of the Judicial Code.
Court of Claims.
SEC. 15. That all vessels of which the possession or services are Operation of ves-
requisitioned under this Act, and all dry docks, wharves, loading or sels, docks, etc.
discharging terminal facilities, warehouses, equipment, or terminal
railways, of which the President may acquire the title or possession
or of which he may assume control under this Act, may be operated
and managed as the President may from time to time direct. The Proceeds to be ex-
net proceeds derived from any activity authorized in this Act or the pended in carry-
joint resolution of May twelfth, nineteen hundred and seventeen of shipping acts.
ing out purpose
(Public Numbered Two), or the division entitled "Emergency ship-
ping fund" of the Act of June fifteenth, nineteen hundred and seven-
teen (Public Numbered Twenty-three), shall be deposited in the
Treasury in a separate and distinct fund and may be expended by
the President in carrying out the purposes of this Act, and within
the limits of the amounts heretofore or hereafter authorized for the
construction, requisitioning, or purchasing of vessels: Provided, Proviso.
That none of the provisions of this Act shall apply to vessels tion not included.
Inland naviga-
plying exclusively on the inland rivers and canals of the United
States.
SEC. 16. That whoever does or attempts to do anything in this Penalties.
Act declared to be unlawful, or willfully violates any rule, regula-
tion, or order issued under authority conferred herein, shall be
punished by a fine of not more than $5,000, or by imprisonment
for not more than two years, or both: Provided, That the district Proviso.
court of the Canal Zone shall have jurisdiction of offenses committed Canal Zone of-
against the provisions of this Act within the Canal Zone.
fenses.
124
Invalidity of any
affect remainder
SEC. 17. That if any provision of this Act, or the application of
provision not to such provisions to certain circumstances, is held unconstitutional,
the remainder of the Act, and the application of such provision to
circumstances other than those as to which it is held unconstitu-
tional, shall not be affected thereby.
of Act.
Approved, July 18, 1918.
AUTHORIZING THE UNITED STATES SHIPPING BOARD TO EXERCISE
POWERS CONFERRED ON THE PRESIDENT BY CONGRESS RELATIVE
TO THE CHARTER OF VESSELS
[Repealed June 5, 1920. See section 1, Merchant Marine Act]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas an Act of Congress approved July 18, 1918, entitled "An
act to confer on the President power to prescribe charter rates and
freight rates and to requisition vessels, and for other purposes," con-
tains, among others, the following sections conferring authority upon
the President:
"SEC. 5. That the President may, by proclamation, require that
vessels of the United States of any specified class or description, or
in any specified trade or trades, shall not be chartered unless the
instrument in which such charter is embodied, and the rates, terms,
and conditions thereof are first approved by him. Whenever any
vessel is comprised in any such proclamation, it shall be unlawful to
make any charter thereof, or comply with or perform any of the rates,
terms, or conditions of any charter thereof, or to operate such vessel
under any charter without first obtaining the approval thereof by the
President.
'Whenever any charter of such vessel is approved, it shall be
unlawful, without the approval of the President first obtained, to
make any alterations in such charter, or additions thereto or dele-
tions therefrom, or to make or receive any payment or do any act
with respect to such vessel except in accordance with such charter.'
"SEC. 8. That the President may by proclamation extend the
provisions of sections five, six, and seven, or any of them, to any
vessel of foreign nationality under charter to a citizen of the United
States or other person subject to the jurisdiction thereof.”
"SEC. 10. That the President may by proclamation require that
no citizen of the United States, or other person subject to the juris-
diction thereof, shall charter any vessel of foreign nationality unless
the instrument in which such charter is embodied and the rates,
terms, and conditions thereof are first approved by the President.
After the making of such proclamation it shall be unlawful for any
such citizen or person to make any charter of any such vessel, or
comply with or perform any of the rates, terms, or conditions of any
charter thereof, or to operate any such vessel under any charter,
without first obtaining the approval thereof by the President.
"Whenever any such charter is approved it shall be unlawful,
without the approval of the President first obtained, to make any
alterations in such charter or additions thereto or deletions there-
from, or to make or receive any payment or do any act with respect
to such vessel, except in accordance with such charter."
And whereas, section 2 of said Act provides as follows:
"SEC. 2. That the President may exercise the power and authority
hereby vested in him through such agency or agencies as he shall
determine from time to time."
And whereas, the necessities of the war require that the control
now exercised over shipping by the United States Shipping Board
be made more effective;
Now, therefore, 1, Woodrow Wilson, President of the United
States of America, acting under authority conferred in section 5
of said Act, do proclaim that hereafter vessels of the United States,
being full power driven vessels of 250 tons gross burden, or over,
125
or sailing vessels with or without auxiliary power of 50 tons gross
burden, or over, excepting vessels plying exclusively on the inland
rivers and canals of the United States, vessels operating in the Great
Lakes or other inland waters, and vessels operating exclusively
in the coastwise trade of the United States, shall not hereafter be
chartered unless the instrument in which such charter is embodied,
and the rates, terms, and conditions thereof are first approved by
the President.
Under authority conferred in section 8 of said Act, I do further
proclaim that the provisions of said section 5, and of this proclama-
tion, shall be and they are hereby extended to any vessel of foreign
nationality under charter to a citizen of the United States or other
person subject to the jurisdiction thereof.
Under authority conferred in section 10 of said Act, I do further
proclaim that hereafter no citizen of the United States or other
person subject to the jurisdiction thereof, shall charter any vessel
of foreign nationality unless the instrument in which such charter
is embodied and the rates, terms, and conditions thereof are first
approved by the President.
I do hereby designate the United States Shipping Board as the
agency through which shall be exercised all power and authority
conferred upon the President in sections 5, 8, and 10 of said Act
with respect to the classes or descriptions of vessels and the trades
specified in this proclamation. Such power and authority may
be exercised by said United States Shipping Board through such
agents or agencies as it may create or designate.
Nothing contained in this proclamation shall be deemed to with-
draw from the United States Shipping Board or the War Trade
Board any authority now exercised, directly or indirectly, over
foreign or American vessels, by virtue of powers conferred under
Title VII of an Act entitled "An Act to punish acts of interference
with the foreign relations, the neutrality, and the foreign commerce
of the United States, to punish espionage, and better to enforce
the criminal laws of the United States, and for other purposes,
approved June 15, 1917.
În witness whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done in the District of Columbia this 29th day of July, in the
year of our Lord one thousand nine hundred and eighteen and of
the Independence of the United States of America the one hundred
and forty-third.
[SEAL.]
By the President:
FRANK L. POLK,
Acting Secretary of State.
EXECUTIVE ORDER
WOODROW WILSON.
[Repealed June 5, 1920. See section 1, Merchant Marine Act]
Delegating to the United States Shipping Board certain powers
relating to ocean freight rates and terminal charges.
Whereas sections 6 and 12 of an Act of Congress approved July
18, 1918, entitled "An Act to confer on the President power to
prescribe charter rates and freight rates and to requisition vessels,
and for other purposes," provide as follows:
"SEC. 6. That the President shall have power to determine, pre-
scribe, and enforce reasonable freight rates and the terms and condi-
tions of affreightment which shall govern the transportation of
goods on vessels of the United States, which shall be filed with the
United States Shipping Board and open to public inspection. It
shall be unlawful to charge or collect any compensation for the
transportation of goods on any such vessel, or to enforce or attempt
to enforce any terms or conditions of affreightment, or to make
or receive any payment or do any act with respect to such trans-
portation, not in accordance with the rates, terms, and conditions
so prescribed, anything in any contract, whether heretofore or
hereafter made, to the contrary notwithstanding.”
46209°—29- -9
126
"SEC. 12. That the President shall have power to prescribe the
order of priority in which persons in possession of dry docks,
wharves, lighterage systems, or loading or discharging terminal
facilities in any port of the United States, or warehouses, equipment,
or terminal railways connected therewith, shall serve vessels and
shippers, and to determine, prescribe, and enforce the rates, terms,
and conditions charged or required for the furnishing of such
services, including stevedoring and handling of cargo, and the
handling, dispatching, and bunkering of vessels, and to make such
rules and regulations with respect to the conduct of any such busi-
ness as may be necessary and proper. It shall be unlawful to
charge, collect, or claim any compensation, or to enforce or attempt
to enforce any terms or conditions, or to make or receive any pay-
ment or do any act with respect to any such service not in accord-
ance with the rates, terms, and conditions so prescribed, anything
in any contract, whether heretofore or hereafter made, to the con-
trary notwithstanding.'
""
And whereas in section 2 of said Act it is provided-
"That the President may exercise the power and authority hereby
vested in him through such agency or agencies as he shall determine
from time to time.
Now, therefore, it is. ordered as follows:
1. All power conferred on the President in section 6 of said Act to
determine, prescribe, and enforce reasonable freight rates and the
terms and conditions of affreightment which shall govern the trans-
portation of goods on private merchant vessels of the United States,
shall be exercised through the United States Shipping Board.
2. All power conferred on the President in section 12 of said. Act
to determine, prescribe, and enforce the rates, terms, and conditions
charged or required for services furnished by persons in possession
of dry docks, wharves, lighterage systems, or loading or discharging
terminal facilities, or warehouses, equipment, or terminal railways
connected therewith, and for stevedoring or handling cargo, and the
handling, dispatching, or bunkering of vessels, and all power con-
ferred on the President to make rules and regulations with respect to
the conduct of any such business, shall be exercised by the United
States Shipping Board; but the power delegated in this paragraph
shall not extend to any dry docks, wharves, lighterage systems, or
loading or discharging terminal facilities, or warehouses, equipment,
or terminal railways, which are now or may hereafter be placed under
the jurisdiction and control of the Secretary of War or the Secretary
of the Navy or the Director General of Railroads.
3. Nothing contained in this Executive order shall be deemed to
withdraw any power or authority heretofore granted to or now exer-
cised by the Secretary of War, the Secretary of the Navy, the War
Trade Board, the Interstate Commerce Commission, or the Director
General of Railroads.
THE WHITE HOUSE,
WOODROW WILSON.
3 December, 1918.
40 U. S. Stat. L.,
438; Mar. 1, 1918
(S. 3389).
(Public, No. 102,
65th Cong.)
Emergency Fleet
Corporation
authorized.
To purchase,
requisition, or
lease land.
HOUSING LAW
[Repealed June 5, 1920. See section 16, Merchant Marine Act]
CHAP. 19.-An Act To authorize and empower the United States Shipping Board Emer-
gency Fleet Corporation to purchase, lease, requisition, or otherwise acquire, and to
sell or otherwise dispose of improved or unimproved land, houses, buildings, 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 United States
Shipping Board Emergency Fleet Corporation is hereby authorized
and empowered within the limits of the amounts herein authorized-
(a) To purchase, lease, requisition, including the requisition of
the temporary use of, or acquire by condemnation or otherwise any
improved or unimproved land or any interest therein suitable for
the construction thereon of houses for the use of employees and the
127
families of employees of shipyards in which ships are being con-
structed for the United States.
(b) To construct on such land for the use of such employees and To construct
their families houses and all other necessary or convenient facilities houses.
upon such conditions and at such price as may be determined by it,
and to sell, lease, or exchange such houses, land, and facilities upon
such terms and conditions as it may determine.
houses.
(c) To purchase, lease, requisition, including the requisition of To acquire
the temporary use of, or acquire, by condemnation or otherwise any
houses or other buildings for the use of such employees and their
families, together with the land on which the same are erected, or
any interest therein, all necessary and proper fixtures and furnish-
ings therefor, and all necessary and convenient facilities incidental
thereto; to manage, repair, sell, lease, or exchange such lands, houses, Management,
buildings, fixtures, furnishings, and facilities upon such terms and disposition, etc.
conditions as it may determine to carry out the purposes of this Act.
To make loans to
(d) To make loans to persons, firms, or corporations in such
persons, firms,
manner, upon such terms and security, and for such time not and corporations
exceeding ten years, as it may determine, to provide houses and providing
facilities for the employees and the families of employees of such
shipyards.
houses.
Whenever said United States Shipping Board Emergency Fleet Just compensa-
Corporation shall acquire by requisition or condemnation such tion.
property or any interest therein, it shall determine and make com-
pensation therefor, and if the amount thereof so determined is
unsatisfactory to the person 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 re-
cover such further sum as added to such seventy-five per centum.
will make such an amount as will be just compensation for the
property or interest therein so taken, in the manner provided by Vol. 36, pp. 1093,
section twenty-four, paragraph twenty, and section one hundred 1136.
and forty-five of the Judicial Code.
That whenever the said United States Shipping Board Emer- May take imme-
gency Fleet Corporation shall requisition any property or rights, diate possession.
R. S., sec. 355,
or upon the filing of a petition for condemnation hereunder, im-
p. 60.
mediate possession may be taken by it of such land, houses, or Law requiring
other property, rights, and facilities to the extent of the interests opinion of Attor-
ney General as
to be acquired therein, and the same may be immediately occupied to title of land
and used, and the provisions of section three hundred and fifty-five suspended.
of the Revised Statutes, providing that no public money shall be Law requiring
expended upon such land until the written opinion of the Attorney legislature to
General shall be had in favor of the validity of the title nor until purchase land
the consent of the legislature of the State in which the land is suspended.
located has been given, shall be and the same are hereby, suspended
as to all land acquired hereunder.
consent of State
The power to acquire property by purchase, lease, requisition, or Powers under
condemnation, or to construct houses or other buildings, and to this Act to cease
make loans, or otherwise extend aid as herein granted shall cease of peace.
on proclamation
with the termination of the present war with Germany. The date
of the conclusion of the war shall be declared by proclamation of the
President.
“.
"Shipyard."
The word "person" used herein shall include a trustee, firm, or Terms defined.
corporation. The word
The word "shipyard" shall include any factory, Person.'
workshop, warehouse, engine works, buildings, or grounds used for
manufacturing, assembling, construction, or other process in ship-
yards and dockyards and discharging terminals, and other facilities
connected therewith, now or hereafter used in connection with
shipbuilding.
sundry civil act
That for the purpose of carrying out the provisions of this act the Expenditure au-
expenditure of $50,000,000 is hereby authorized, and in executing thorized. See
the authority granted by this Act, the said United States Shipping of July 1, 1918.
Board Emergency Fleet Corporation shall not expend or obligate
the United States to expend more than the said sum, nor shall any
contract for construction be entered into which provides that the
compensation of the contractor shall be the cost of construction
128
"Cost-plus" con- plus a percentage thereof for profit, unless such contract shall also
tracts prohibited fix the reasonable cost of such construction as determined by the
except under cer-
tain conditions. United States Shipping Board Emergency Fleet Corporation and
Provisos.
must approve
contracts.
Premiums and
provide that upon any increase in cost above the reasonable cost
so fixed by such board, the percentage of profit shall decrease as
the cost increases in accordance with a rate to be fixed by said
board and expressed in the contract. No contract shall be let
without the approval of the United States Shipping Board Emer-
gency Fleet Corporation: Provided, however, That nothing herein
Emergency Fleet contained shall be construed to prevent said board from con-
tracting for the payment of premiums or bonuses for the speedy
completion of the work contracted for: Provided further, That the
United States Shipping Board Emergency Fleet Corporation shall
report to Congress on the first Monday in December of each
year the names of all persons or corporations with whom it has
made contracts and of such subcontractors as may be employed in
furtherance of this Act, including a statement of the purposes and
amounts thereof, together with a detailed statement of all ex-
penditures by contract or otherwise for land, buildings, material,
labor, salaries, commissions, demurrage, or other charges in excess
of $10,000.
bonuses author-
ized.
Report to be
made to Congress
of contracts let
and expendi-
tures.
Approved, March 1, 1918.
October 6, 1917
(H. R. 6175).
(Public, No. 73,
65th Cong.).
Board may per-
mit foreign ves-
sels to engage in
coastwise trade
during the war.
37 Stat. L. 562.
38 Stat. L. 698.
Provisos.
Preference to
vessels operated
by citizens of
United States.
ACT AUTHORIZING FOREIGN VESSELS TO ENGAGE IN THE COASTWISE
TRADE
[40 U. S. Stat. L. 392]
[Partially repealed June 5, 1920. See section 22, Merchant Marine Act]
An Act giving the United States Shipping Board power to suspend present provisions
of law and permit vessels of foreign registry and foreign-built vessels admitted to
American registry under the Act of August eighteenth, nineteen hundred and four
teen, to engage in the coastwise trade during the present war and for a period of one
hundred and twenty days thereafter, except the coastwise trade with Alaska.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That during the
present war with Germany and for a period of one hundred and
twenty days thereafter the United States Shipping Board may, if
in its judgment the interests of the United States require, suspend
the present provisions of law and permit vessels of foreign registry,
Permits required. and foreign-built vessels admitted to American registry under the
Act of August eighteenth, nineteen hundred and fourteen, to
engage in the coastwise trade of the United States: Provided,
That no such vessel shall engage in the coastwise trade except
Aet not to apply upon a permit issued by the United States Shipping Board, which
permit shall limit or define the scope of the trade and the time of
such employment: Provided further, That in issuing permits the
board shall give preference to vessels of foreign registry owned,
leased, or chartered by citizens of the United States or corporations
thereof: And provided further, That the provisions of this Act shall
not apply to the coastwise trade with Alaska or between Alaskan
ports.
to Alaskan trade.
40 U. S. Stat. L.
897; July 11, 1918
(II. R. 11048).
(Public, No. 195.)
War risk insur-
ance laws. See
compilation of
war risk Acts by
War Risk Insur-
ance Bureau.
War Risk Insur-
ance Bureau to
insure foreign
vessels under
control of the
board or United
States citizens.
Approved, October 6, 1917.
CHAP. 145.-An Act to amend the war-risk insurance Act
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the war-risk
insurance Act is hereby amended by adding to such Act a new
section, to be known as section 2b, to read as follows:
"SEC. 2b. That when it appears to the Secretary of the Treasury,
that vessels of foreign friendly flags, or their masters, officers, or
crews, or shippers or importers in such vessels, are unable in any
trade to secure adequate war-risk insurance on reasonable terms,
the Bureau of War Risk Insurance, with the approval of the Secre-
tary, is hereby authorized to make provisions for the insurance by
the United States of (1) such vessels of foreign friendly flags, their
freight and passage moneys, and personal effects of the masters.
129
officers, and crews thereof against the risks of war when such vessels
are chartered or operated by the United States Shipping Board or
its agent, or chartered by any person a citizen of the United States,
and (2) the cargoes to be shipped in such vessels of foreign friendly
flags, whether or not they are so chartered. Such insurance on
the vessel, however, is authorized only when the United States
Shipping Board or its agent operates the vessel or the charterers
are, by the terms of the charter party or contract with the vessel
owners, required to assume the war risk or provide insurance
protecting the vessel owners against war risk during the term of
the charter or hire of the vessel.
etc., of seamen.
"The Bureau of War Risk Insurance, with the approval of the Insurance against
Secretary of the Treasury, is also hereby authorized to insure the loss of life, injury,
masters, officers, and crews of vessels operated or chartered as
aforesaid against the loss of life or personal injury by the risk of
war and for compensation during the detention following capture Compensation
by enemies of the United States, whenever it appears to the Sec- during capture.
retary that the owners, operators, or charterers of such vessels are
unable, in any trade, to secure such insurance on reasonable terms.'
•
SEC. 2. That section five of the war-risk insurance Act is hereby
amended to read as follows:
Duties.
"SEC. 5. That the Secretary of the Treasury is authorized to Advisory board
establish an advisory board, to consist of three members skilled established.
in the practices of war-risk insurance, for the purpose of assisting
the Bureau of War Risk Insurance in fixing rates of premium and
in adjustment of claims for losses, and generally in carrying out the
purposes of this Act; the compensation of the members of said Compensation.
board to be determined by the Secretary of the Treasury, but not
to exceed $20 a day each while actually employed. He is likewise Additional mem-
authorized to appoint two persons skilled in the practice of acci-bers for death,
dent insurance for the purpose of assisting the Bureau of War Risk etc., claims.
Insurance in the adjustment of claims for death, personal injury,
or detention; the compensation of persons so appointed to be de-
termined by the Secretary of the Treasury, but not to exceed $20
a day each while actually employed. In the event of disagreement
as to the claim for losses, or amount thereof, between the said
bureau and the parties to such contract of insurance, an action on
the claim may be brought against the United States in the district Determination of
court of the United States, sitting in admiralty, in the district in disagreements by
which the claimant or his agents may reside. The Secretary of admiralty courts.
the Treasury is, in his judgment, authorized to compromise the Compromises
claim either before or after the institution of an action therein." allowed.
SEC. 3. That section nine of the war-risk insurance Act is hereby
amended to read as follows:
ceases.
"SEC. 9. That the President is authorized whenever in his judg-
ment the necessity of further war insurance by the United States
shall have ceased to exist to suspend the operation of this Act, in Suspension of Act
so far as the division of marine and seamen's insurance is concerned,
when necessity
which suspension shall be made in any event within six months after
the end of the war, but shall not affect any insurance outstanding
at the time or any claims pending adjustment. For the purpose Outstanding
of the final adjustment of any such outstanding insurance or claims not
claims, the division of marine and seamen's insurance may, in the
discretion of the President, be continued in existence for a period Continuance of
not exceeding three years after such suspension.
affected.
division.
"The words 'end of the war' as used herein shall be deemed to Date of "end of
mean the date of proclamation of exchange of ratification of the
the war" con-
strued.
treaty of peace, unless the President shall, by proclamation,
declare a prior date, in which case the date so proclaimed shall be
deemed to be the 'end of the war' within the meaning of this Act."
Approved, July 11, 1918.
130
40 U. S. Stat. L.
CONDEMNATION OF TIMBER
887; July 11, 1918 CHAP. 143.-An Act Making appropriations for the support of the Army for the fiscal
(H. R. 12281).
year ending June thirtieth, nineteen hundred and nineteen
(Public, No. 193,
65th Cong.)
"State" and
"States" to in-
clude District
of Columbia.
Act relating to
condemnation of
sawmills, etc.
[Extract]
SEC. 8. That the terms "State" and "States," as used in this
chapter, shall be held to include the District of Columbia.
That the Act entitled "An Act to authorize condemnation pro-
lands for military ceedings of lands for military purposes," approved July second,
purposes ex- nineteen hundred and seventeen, as amended by an Act approved
tended to timber, April eleventh, nineteen hundred and eighteen, be, and the same
See Public Laws, is hereby, amended, and its provisions in all respects together with
Nos. 126 and 127, all its privileges and benefits are hereby extended to the right of
65th Cong. condemnation of standing or fallen timber, sawmills, camps,
machinery, logging roads, rights of way, equipment, materials, sup-
plies, and any works, property, or appliances suitable for the ef-
fectual production of such lumber and timber products, for the
Army, Navy, United States Shipping Board, or the United States
Shipping Board Emergency Fleet Corporation. That the right to
institute such condemnation proceedings is hereby conferred upon
the Secretary of War, the Secretary of the Navy, and the chairman
of the United States Shipping Board and the United States Ship-
ping Board Emergency Fleet Corporation, individually or col-
lectively. Such right of condemnation shall be exercised by such
officials only for the purpose of obtaining such property when
needed for the production, manufacture, or building aircraft, dry
docks, or vessels, their apparel or furniture, for housing of Govern-
ment employees in connectin with the Army, Navy, or the United
States Shipping Board and the United States Shipping Board
Emergency Fleet Corporation, and for the procurement of mate-
rials and equipment for aircraft, dry docks and vessels. The juris-
diction of such condemnation proceedings is hereby vested in the
District Courts of the United States, where the property which is
sought to be condemned or any part thereof is located or situated,
regardless of the value of the same.
Jurisdiction of
district courts.
Disposal of lands,
logs, etc.
And the President is hereby authorized through any department
or the United States Shipping Board or said Fleet Corporation to
sell and dispose of any lands or interests in real estate acquired for
the production of lumber and timber products, and to sell any logs,
manufactured or partly manufactured or otherwise procured for
the Army, Navy, or United States Shipping Board Emergency
Fleet Corporation, or resulting from such manufacture or procure-
ment, either to individuals, corporations, or foreign states or
governments, at such price as he shall determine acting through
the above representatives selling or disposing of the same, and the
proceeds of such sale shall be returned to the appropriations which
Reappropriation bore the expense of such procurement.
of proceeds.
·
EXECUTIVE ORDER
Under authority contained in the naval appropriation act
approved March 4, 1917 (Public No. 391, 64th Congress), whereby
it is provided:
That in case of national emergency the President is authorized
to suspend provisions of law prohibiting more than eight hours'
labor in any one day of persons engaged upon work covered by
contracts with the United States: Provided further, That the wages
of persons employed upon such contracts shall be computed upon
a basic day rate of eight hours' work with overtime rates to be paid
at not less than time and one-half for all hours' work in excess of
eight hours;'
""
It is hereby declared that the present conditions constitute a
"national emergency" within the meaning of that term as used in
the said Act, and
131
It is hereby ordered that the provisions of law prohibiting more
than eight hours of labor in any one day of persons engaged upon
work covered by contracts with the United States be, and the same
hereby are, suspended with respect to all contracts for the repair of
vessels owned, chartered, or operated by or for account of the
United States Shipping Board, and for loading, discharging,
bunkering, and similar operations whenever necessary to prevent.
undue delay to such vessels, all subject to the proviso contained in
said Act.
This order shall take effect from and after this date and shall be
operative until further order.
WOODROW WILSON.
THE WHITE HOUSE,
2 December, 1918.
EXECUTIVE ORDER
DIRECTING THE UNITED STATES SHIPPING BOARD AND THE United
STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION TO
DISPOSE OF MATERIAL OR PLANTS IN THEIR DISCRETION
Whereas "An Act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June 30,
1920, and for other purposes," approved July 19, 1919, provides:
66
Any material or plant, as defined under the emergency ship-
ping fund provision of the Deficiency Appropriation Act approved
June 15, 1917, acquired by the United States Shipping Board
Emergency Fleet Corporation, may be disposed of as the President
may direct."
And whereas said Deficiency Appropriation Act, approved
June 15, 1917, as amended by "An Act making appropriations to
supply deficiencies in appropriations for the fiscal year ending
June 30, 1919, and prior fiscal years, on account of war expenses,
and for other purposes" approved November 4, 1918, defines the
words "material" and "plant" as follows:
"The word 'material' shall include stores, supplies, and equip-
ment for ships, and everything required for or in connection with
the production thereof."
"The word 'plant' shall include any factory, workshop, ware-
house, engine works; buildings used for manufacture, assembling,
construction, or any process; any shipyard, drydock, marine rail-
way, pier, or dockyard and discharging terminal and any facilities
or improvements connected with any of the foregoing descriptions
or property."
Now, therefore, by virtue of the authority vested in me by said
laws, but in no way limiting or restricting the effect of previous
Executive orders and proclamations delegating powers and author-
ity to the United States Shipping Board or the United States
Shipping Board Emergency Fleet Corporation,
1. I hereby direct the United States Shipping Board to exercise
all powers and authority now vested in me in reference to the
disposition of materials or plants as above defined. I hereby
direct said board, in its discretion, to sell, lease, or otherwise dis-
pose of such materials and plants or any portions or parts thereof,
by public or private sale or contract, with or without notice, in
such lots, at such times and places, upon such credit, security and
other terms or conditions, and in such manner generally as said
board, from time to time, shall deem to the best advantage of the
United States.
2. I hereby direct that such sales, leases, or other dispositions
shall be made directly by the said board or by it, in its discretion,
through the United States Shipping Board Emergency Fleet Cor-
poration, or through any other corporation organized by it for
such purpose.
3. I hereby direct that all acts heretofore done by said corpora-
tion or by said board, with reference to such sales, leases, or other
132
disposition and which could have been properly done by me under
any statutes heretofore enacted, covering this subject matter, be,
and they hereby are ratified and confirmed.
THE WHITE HOUSE,
WOODROW WILSON.
11 August, 1919.
MISSISSIPPI RIVER BARGES AND TOWBOATS TURNED OVER TO WAR
DEPARTMENT
EXECUTIVE ORDER
WITHDRAWING FROM THE UNITED STATES SHIPPING BOARD EMER-
GENCY FLEET CORPORATION CERTAIN POWERS WITH REFERENCE
ΤΟ THE EMERGENCY SHIPPING FUND AND DELEGATING SUCH
POWERS TO THE SECRETARY OF WAR
Whereas, heretofore, by two Executive orders respectively
numbered 2664, dated July 11, 1917, and numbered 3018, dated
December 3, 1918, I delegated to the United States Shipping
Board Emergency Fleet Corporation all the power and authority
vested in me under certain laws establishing, enlarging and main-
taining the emergency shipping fund, in so far as such power and
authority had reference to activities which might be directly or
indirectly applicable to ship or plant construction, and
Whereas, said Fleet Corporation in pursuance of such power and
authority, so delegated, and at my request, has entered into certain
contracts for the construction of nineteen river barges and is now
planning the construction of certain river towboats all of said
vessels being intended for use on the Mississippi River or its tribu-
taries, and has further, at my request, in planning and in carrying
out such construction, engaged the assistance of the Chief of
Engineers United States Army, and has heretofore transferred to
him from its funds held under such delegated power and authority
the sum of $3,860,000, which sum has already been deposited by
the Chief of Engineers in the Treasury of the United States to the
credit of the War Department;
Now, in order to confirm the informal withdrawal from said
Fleet Corporation and the informal delegation to the War Depart-
ment, as effected by the acts above recited, of such part of my
said power and authority as relates to such barges and towboats;
(1) I hereby withdraw from the United States Shipping Board
Emergency Fleet Corporation such part of said power and author-
ity, vested in me by said laws with reference to activities which may
be directly or indirectly applicable to ship or plant construction as
relates to the construction of such nineteen river barges and such
towboats and as relates to the sum of $3,860,000 out of the funds
heretofore appropriated under said laws for the construction of
ships; and do hereby delegate the power and authority so withdrawn
to the Secretary of War, to be by him executed through contract or
otherwise as in his judgment may be most economical and advan-
tageous to the United States.
(2) I hereby ratify said payment by said Fleet Corporation to
said Chief of Engineers of the sum of $3,860,000 from said emer-
gency shipping fund out of the appropriations heretofore made by
the Congress for the construction of ships.
(3) I do hereby direct that the said Fleet Corporation shall forth-
with transfer and assign to the Secretary of War any and all con-
tracts heretofore entered into by the said Fleet Corporation for or
on account of the construction of such barges or towboats, and shall
perform such other acts in pursuance of such transfer and assign-
ment as will effectuate the intent of this order.
WOODROW WILSON.
THE WHITE HOUSE,
12 March, 1919.
133
POWER TO OPERATE AND DISPOSE OF MISSISSIPPI RIVER BARGES AND
TOWBOATS TURNED OVER TO WAR DEPARTMENT
EXECUTIVE ORDER
WITHDRAWING FROM THE UNITED STATES SHIPPING BOARD CERTAIN
POWERS WITH REFERENCE TO THE EMERGENCY SHIPPING FUND
AND DELEGATING SUCH POWERS TO THE SECRETARY OF WAR
Whereas, heretofore, by two Executive orders respectively
numbered 2664, dated July 11, 1917, and numbered 3018, dated
December 3, 1918, I delegated to the United States Shipping Board
all the power and authority vested in me under certain laws estab-
lishing, enlarging, and maintaining the emrgency shipping fund,
in so far as such power and authority have reference to constructed
dry docks, marine railways, and piers, and to constructed vessels or
parts thereof or charters therein, and to the operation, management,
and disposition of such dry docks, marine railways, piers, and ves-
sels; and
Whereas, by Executive order of this date, I have withdrawn from
the United States Shipping Board Emergency Fleet Corporation
such part of the power and authority vested in me under said laws
with reference to activities which may be directly or indirectly
applicable to ship or plant construction and as relates to the con-
struction of certain nineteen river barges and certain towboats
intended for use on the Mississippi River or its tributaries, and did
by said order redelegate such power and authority to the Secretary
of War; and
Whereas, I now deem it desirable that the power and authority
vested in me with reference to the operation, management, and dis-
position of such vessels shall also be vested in the Secretary of War;
NOW, THEREFORE, I do hereby withdraw from the United States
Shipping Board such part of the said power and authority so vested
in me under said laws, with reference to the operation, inanagement,
and disposition of vessels as relates to such river barges and tow-
boats, and do hereby delegate to the Secretary of War the power
and authority so withdrawn from the United States Shipping
Board, to be by the Secretary of War executed through contract or
otherwise, as in his judgment may be most economical and advan-
tageous to the United States.
THE WHITE HOUSE,
WOODROW WILSON.
12 March, 1919.
A
INDEX

Section
Page
Accommodation, special agreement relative to-
Accounts:
Of board to be audited.
Board may require filing of
Admission of vessels to American registry.
For coastwise trade___
Adjustment:
Of claims, discrimination in
Of traffic accounts__
Admiralty (see Suit in admiralty):
-
1
Į
1
1
1
1
1
Suits in personam against United States authorized___
Foreclosure of mortgage maritime liens by admiralty
suits in rem, authorized
15
14, 15
4
21
9
9
220
14
20
5777
1277
17
2
75
30 K
55
To have exclusive jurisdiction of suits to foreclose
mortgage maritime liens.
30 K
555
Court may provide for discharge of mortgage vessel on
judicial sale_
30 D
51
In preferred lien foreclosure proceeding, court may ap-
point receiver to operate vessel, etc.-
30 L
56
Action in personam in, authorized on default of mort-
gage
30 N
56
New mortgage to be given when sold by..
30 O
56
Not to sell vessels of United States to foreigners with-
out board consent_
30 O
56
Vessel sold by, to give title free of liens
30 O
56
Advance payments authorized to be made to shipyards.
Advantage, giving of undue or unreasonable unlawful_
1
115
16
15
Penalty for..
32
Agencies, President may execute powers through such
agency as he choose.
Agency of Government, rules and regulations of, relating
to shipping must be approved by board.
Agreements:
21
4
116
19
43
Arrangements, oral, included in term
Conference included in term..
15
14
Understandings included in term
Existing agreements lawful__
Filing of, required _ _ _
If approved, excepted from antitrust laws.
If disapproved, to be unlawful..
Lawful only when approved by board.
Modifications of, must be filed-
Relative to accommodations_
Allotting of ports-
Pooling-
Rates and fares
I
}
11
1
I
1
1
1
1
15
14
15
14
15
14
15
14
15
14
15
14
15
14
1
I
15
14
1
1
1
1
1
1
1
15
14
15
14
15
14
15
14
Restricted traffic and sailings –
15
14
Entered into under emergency shipping legislation, to
be carried out____
2
30
Rights accruing under, under emergency shipping
legislation valid_.
Airplanes, may be used in ocean mail service
Airships, may be used in ocean mail service..
Alaska:
Foreign vessels not to engage in coastwise trade of ____
Coastwise trade with, via foreign port limited to Ameri-
409 C
409 C
1
8220
30
70
70
128
can vessels.
27
49
(135)
136

Section
Page
Alaska Railroad; act prohibiting merchandise being trans-
ported in coastwise trade via foreign port in foreign
vessels not to go into effect on Yukon until Alaska Rail-
road finished__
Alien enemies; vessels of, turned over to board...
Aliens:
Proclamation regulating transfer of vessels to-
Deprived in merchant marine act..
Sale of vessels to, authorized__
Altering reports, records, memoranda, etc.
American-built vessels:
Not to depart until documented.
Coastwise trade via foreign port limited to.
Ocean mail service to be carried on_
American Bureau of Shipping:
Government agencies directed to recognize_
J
1
1
I
I
T
I
1
I
I
1
1
I
1
1
Shipping Board vessels to be classified and surveyed
by...
27
66
49
92
27, 28, 29
I
37
6
21
61
25
34
17
322
37
22
27
49
24
47
25
48
25
48
List of merchant vessels to indicate vessels classified
by....
Secretary of Commerce and chairman of board to
appoint representatives on executive committee of__
To serve without compensation_
Traveling expenses-
25
25
25
LO LO LO
48
HA
48
48
25
48
American registry:
Vessels acquired from board to be operated only
under_..
9
Admission of foreign-built vessels to
9
77
Vessels of, not to be transferred without approval of
board_
37
22
American shipyards:
Preference to be given to---
5
6
Controlling interest in, not to be transferred to foreign
interest without approval...
37
22
American vessels:
Discrimination against---
26
19
Not to be transferred to foreign interest without ap-
proval__
37
22
27
275
49
27
49
Coastwise trade via foreign ports limited to
Merchandise transported from continental United
States on through routes excepted__.
Common carriers not to give through reduced rates
with common carriers by water in foreign commerce
unless property or passengers are carried in Ameri-
can vessels.
Antitrust laws (see also Sherman Act and Wilson tariff
law):
Agreements approved excepted from operation of………
Marine Insurance Association exempt from_
Appeals:
From decrees under suits in admiralty act--
Authorized in suits in foreign countries against public
vessels under suits in admiralty act__
Appointment:
Of Shipping Board..
Of secretary to board_
Of other employees - -
Appraisers:
Appointment of __
Finding of, to be final_
1
Board of survey for German vessels…….
1
1
}
1
1
1
1
1
}
1
I
1
1
1
1
11
1
1
1
1
1
1
!
1
1
28
49
12
15
14
29
50
3
76
7
77
3
3
3
333
10
9
10
9
92
137

Section
Page
Appropriations:
For United States Shipping Board as approved Febru-
ary 20, 1929_.
(See separate compilation of appropriations acts for
others.)
For purchase, charter, etc., of vessels.
For initial expenses of board_
For acquiring plants, material, charters, etc.
For constructing ships-
For operating ships-
-
For carrying out housing law.
1
I
I
I
1
1
1
1
Proceeds derived from various shipping acts perma-
nently appropriated_ _
Proceeds from sale of timber and lands reappropriated_
Net proceeds from operation and sale of vessels to be
covered into Treasury to be used within appropria-
tions for construction requisitioning or purchasing
vessels.
85
13
11
35
22
11
116
13
117
13
117
126
15
123
130
14
41
Funds may be expended for repairing or completing--
Funds for paying decrees, judgments, awards, etc., in
foreign countries__
16
42
8
77
Approval of agreements. (See Agreements.)
Arbitration:
Of claims coming within the suits in admiralty act,
authorized...
9
78
Payment of awards in foreign cases_
8
77
Arming of vessels, President may prescribe rules and regu-
lations for…….
9
121
Army supply base:
At Charleston, S. C., control of, United States Ship-
ping Board.
1
105
107
56
5
6
6
6
12
75
Nã
2
7
34
112
112
At Norfolk, Va., control of, United States Shipping
Board
Army transports:
Vessels of board to be available as
Transfer of, to board...
Arrangements. (See Agreements.)
Arrest, Shipping Board vessels immune from
Assignees, subject to the act___
1
1
1
|
1
Assignment of vessels, preference to be given in, to citi-
zens of United States on new routes.
Associations (see Corporations and Partners):
Included in term "person"
To which act applies..
When deemed citizen_.
1
When controlling interest of corporation by citizen of
United States__
Defined in relation to marine insurance_
Attachment, public vessels immune from_
1
J
1
1
Attorney General, opinion as to title to land not required.
May arrange stipulations in foreign litigation___
Report of suits, etc., under suits in admiralty act……….
Attorneys:
Excepted from civil service_
Appointment of
To conduct litigation--
To handle cases before board.
To conduct investigations--
Salaries__.
Employment authorized__
Auditing accounts of Shipping Board.
Austrian vessels, act authorizing seizure of.
Turned over to board_
Board authorized to sell..
11
1
1
1
1
I
1
I
1
1
I
I
2
2
29
50
1
75
127
7
77
12
78
LO ∞ ∞ ∞ ∞
43∞∞ D H M +
5
3
3
3
3
586
3
31
4
5
92
33
33
T45
1
}
1
I
I
I
I
138

B
Section
Page
18
18
∞∞
1
I
16
16
1
I CO
16
18
J
133
132
15
1
1
1
16
88
88, 89
88
91
91
89
88
88
91
91
91
1
1
I
1
1
}
40
24
3
31
37
61
3
31
92
13
13
13
www
==
11
11
11
37
76
77
126
4
33
Baggage:
Practice connected with carrying, etc., must be
reasonable.__.
Personal, sample and excess-
Barges:
Power to operate and dispose of Mississippi River
barges and towboats turned over to War Depart-
ment_
On Mississippi River turned over to War Department.
Billing, false, to obtain lower rates unlawful_ _
Bills of lading:
Practice connected with issuance of, must be reason-
able_
Under interstate commerce act.
Loss under_.
No limitation of liability
Through bills of lading..
Not continuous carriage or shipment.
Holder not deprived of remedy or right-
Liability for full loss..
No exemption to carrier issuing-
Form and contents..
Liability of initial carrier..
I
Arrangement for continuous carriage
1
1
1
1
Bills of sale (see Sale of vessels and recording of bills of
sale):
Transferee must file declarations as to citizenship,
etc., with collector of customs..
Board (see Shipping Board):
Authority conferred on, under shipping act trans-
ferred to board under merchant marine act____
Means United States Shipping Board in merchant
marine act_
Creation_
Board of survey, Secretary of Navy to appoint, for Ger-
man vessels.
Bonds, Panama Canal:
Issuance of $50,000,000 authorized_
Time of payment of.
Use of proceeds of
Bonds:
I
1 1
Not required under suits in admiralty act_
In suits against public vessels in foreign countries-
Bonuses, authorized in construction of houses..
1
I
t
Branches of Government, vessels required by other, not
turned over to board-
Building of ships (see Construction of ships):
1
1
1
t
Board may complete work begun under emergency
shipping act
2
30
Buildings, law providing houses for shipyard employees.
repealed..
16
42
Bunkering of vessels:
May prescribe rates, terms, and conditions for use of,
during war
Priority of use in during war.
President may make rules and regulations regarding--
Suspension of 8-hour laws in connection with,
during war.
222
122
122
122
130
139

Section
Page
C
Canal Zone, courts of, to have jurisdiction of offenses under
rate emergency act_
Canals, rate emergency act not to apply to inland.
Cancellation of agreements. (See Agreements.)
Cancellation of contracts, President authorized to---
Cargo:
Duty of carrier to accept..
-
Discrimination based on volume offered unlawful.
Refusal to accept_--
May prescribe rates, terms, and conditions for han-
dling during war.
War-risk insurance extended to, of foreign vessels under
United States control.
On board Shipping Board vessels, immune from arrest.
Owned or in possession of Government immune from
arrest in foreign countries_
Cargo vessels:
1
16
123
15
123
1
115
36
14
36
222
12
12
123
128
}
1
1
75
7
77
May carry 16 passengers-
26
48
Not exempted from laws relating to life-saving equip-
ment__
26
Passengers to be notified of dangers.
26
00000096
48
48
Privilege extended to vessels of foreign nations which
reciprocates..
Penalty
Cargo-space accommodations:
Discriminations in matter of, unlawful_
Refusal of, when available..
Carrier, common. (See Common carrier; Bills of lading.)
Chairman of Shipping Board, President to designate___
Charges (see also Rates):
Agreements relative to, to be filed.
Discriminatory, forbidden_
1
26
26
48
26
48
14
12
36
222
3
3
15
14
1
1
1
1
1
17
16
Maximum, must be filed with board.
18
16
1
1
May be prescribed by board..
18
16
Must be just and reasonable_
18
16
Prejudicial to American exporters forbidden_
17
16
Board to investigate effect of rates of common carriers
by rail on improvements of port facilities.
8
35
Charleston, Army supply base_
Charter, definition of
Charter hire:
Board not to charge to War Department.
War Department not to pay, for Government vessels
during fiscal year ending June 30, 1919..
Charter rates:
Act conferring authority to prescribe
Emergency act, repeal of.
Chartering of vessels:
By and from the board, repealed-
By and from corporation formed by board.
Competitive offerings to be invited_
Public notice to be given__.
Proceeds of, to be covered into Treasury
Proceeds of, permanently appropriated.
Restrictions upon, repealed.
To foreigners, during emergency, must be approved...
Must be approved by board during emergency, re-
pealed
Of foreign vessels, must be approved by board.
Enemy vessels_
German vessels.
Austrian vessels.
105
1
120
1
118
15
42
1
T
1
52
121
1
30
1
}
1
J
1
T
5,7
11
11
I
11
13
1
13
37
11B357
6, 7
9, 10
9, 10
9, 10
11
11
6
22
LO
5
121
I
124
f
1
}
1
+
}
I
1
1
I
1
J
f
1
I
1
1
|
1
J
92
J
1
1
1
1
92
1
92
140
Chartering of Vessels-Continued.
Proclamation delegating authority to board to regulate_
For operation on new routes, authorized.
To foreigners must be approved by board..
Charterer:
May create lien on vessel.
Agents of, may create lien_
Exceptions..
Charters:
1
1
1
I
To be approved by board during emergency, repealed_
Of foreign vessels, must be approved by board.
Not to be changed unless approved by board.
Changes in, must be approved, repealed-----
Of_foreign_vessels to be approved when chartered to
United States citizens.
Board to submit to owners of requisitioned vessels..
Authority delegated to board to take over.
May delegate to its corporations___
Proclamation delegating to board, authority relative
to__
Cities, property of, exempt from requisitioning title..
Citizens of the United States:
Defined, by shipping act, 1916_
By merchant marine act, 1928-
Corporations, associations, partnerships, when deemed_
Under merchant marine act, 1928.
When controlling interest of corporation deemed,
owned by-
Act prohibiting merchandise being transported in
coastwise trade via foreign port in foreign vessels
not to take effect on Yukon until citizens of United
States establish adequate shipping facilities_ - -
Admiralty courts not to sell vessels of, to foreigners__
Coastwise trade via foreign port limited to vessels
owned by-
1
Charter of vessels to, for operation on new routes.
Companies discriminating against, between foreign
ports to be denied entrance into United States ports-
Construction loan to__
Section
Page
124
7
34
9
7,8
30 R
58
30 R
58
30 R
58
LO
5
121
124
10
122
LO
5
121
10
122
11
122
119
119
1
1
124
13
123
2
2
703 B
74
2
2,3
703 B
74
2
2
27
49
30 O
56, 57
27
49
7
34
15
11
==
14
137
Declaring policy of having merchant marine owned
and operated by-
1
30
Defined in merchant marine act….
37
61
Foreign-built vessels owned by, authorized to engage
in coastwise trade_
22
46
Not to transfer rights under ship mortgage to for-
eigners without board's consent..
30 O
56
Preference in sale and operation of vessels on new
routes__
Preferred mortgagee, required to be-
Proceeds of vessels sold by, exempt from war and
excess-profits tax if reinvested in ships--
Sale of vessels to__
Sale of vessels to, for operation on new routes.
Sale of vessels, preference must be given to---
Seventy-five per cent of interest of corporations own-
ing vessels in coastwise trade must be owned by...
Transfer of vessels to foreigners must be approved by
board_
When 75 per cent of corporation deemed owned by---
Civil service:
Employees of board to be under..
Exceptions.
1 Note.
1
7
34
30 D
51
23
47
5
33
1
6
ww
34
34
2
2
9
72
76
4
4
5
er cr
5
141
Claims:
Board of survey to place valuation on German vessels_
Arbitration, compromise, settlement, etc., under suits
in admiralty authorized..
•
Board to settle, arising under emergency shipping
legislation___
Commissioners not to take part in consideration of,
in which interested - -
Attorney General may arbitrate.
Classification societies:
American Bureau of Shipping-
Government agencies to recognize.
Shipping Board vessels to be classified and sur-
veyed by
Section
Page
1
92
9
78
2
30
∞ co
3
31
6
84
25
48
25
48
Secretary of Commerce and chairman of board
to appoint representatives on executive commit-
tee of
To serve without compensation_
Traveling expenses_ -
LO LO LO
222
25
48
25
25
ALA
48
48
List of merchant vessels to indicate vessels classi-
fied and surveyed by-
25
48
Clerks to commissioners excepted from civil service__
Coast Guard, detail of officers of, to board___
Classifications:
Just and reasonable, may be prescribed by board..
Use of false ones to obtain lower rates unlawful..
For ocean mail service__ _
Clearance:
Refusal of, to vessels..
Secretary of Treasury authorized to refuse.
Clearance of vessels, shall be denied until discharge of
mortgage is indorsed on documents_
Coastwise laws:
Extended to island territories and possessions of
United States..
Not to extend to Philippines until adequate shipping
service declared to exist by President_
Extension of, to Virgin Islands deferred__
Coastwise trade:
Admission of vessels to----
Foreign vessels admitted to...
1
18
16
16
15
408 A
69
36
1
36
22
22
22
22
30 G
53
4
4
3 LO LO
5
21
46
21
46
112
9
7
128
I
Board to investigate and establish new routes for devel-
opment of__
7
34
Foreign vessels, repeal of act authorizing, to engage in
22
46
Domestic owned foreign-built vessels authorized to
engage in..
Virgin Islands.
Investigation of ports, rivers, and terminal facilities in
respect to..
Seventy-five per cent of interest of corporations
owning vessels engaged in, must be owned by citizens
of United States.
Via foreign ports limited to American vessels_
Merchandise transported from continental United
States on through routes, excepted. -
Coastwise vessels, 75 per cent of interest of corporations
owning vessels engaged in, must be owned by citizens of
United States__
Foreign-built vessels, repeal of act authorizing, to
engage in..-.
22
46
22
46
1
112
1
8
35
27
27
2
49
27
49
2
2
46209°-29-10
142

Collector of customs:
Mortgages, bills of sale, liens, conveyances, etc., to be
Section
Page
recorded by-
30 C
51
Method for recording.
30 C
51
Requirements for recording
30 D
51
Indorsements of liens, mortgages, conveyances, etc.,
on ship's documents..
30 D
51
To furnish copies of preferred mortgages to mortgagor.
To record notice of maritime liens
30 E
52
30 G
53
To cancel notice of liens___.
30 G
53
To record notice of discharge of mortgage.
30 G
53
To deny clearance of vessel until indorsement is made
on documents___
Not to record mortgage bill of sale, conveyance, etc.,
at new port of documentation until receipt of record
at previous port of documentation__
To permit inspection of recorded mortgages, liens, bills
of sale, etc-
30 G
53
30 H
53
30 I
54
To furnish certificate of encumbrances on vessels, etc_-
To furnish copies of bills of sales, mortgages, liens,
conveyances, etc..
30 I
54
30 I
Fees...
30 I
FFS
54
54
Penalties for failure to perform duties under ship
mortgage act_
30 J
54
Commerce Department to furnish blank books, records,
etc., to
30 V
58
Combination:
14
12
1
1
1
14
12
I
I
I
1
1
1
1
1
14
12
222
To give deferred rebate unlawful.
To use a "fighting ship" unlawful..
To retaliate or discriminate unlawful_
Commandeering of vessels (see also Requisitioning and sei-
zure):
Compensation for vessels taken.
Upon notice.
Without notice..
Vessels which may be taken..
1
1
I
1 1
1
1
1
1
I
Commerce (see Foreign commerce; Domestic commerce;
and Coastwise trade):
Merchant marine sufficient to carry-
Investigation of water-borne commerce with respect to
regions and zones with object of developing-
Rules and regulations to govern shipping in
Commerce Department:
10
9
10
9
10
9
10
9
1
1
30
со
8
35
19
43
To investigate with respect to natural outlet to ports_
8
35
Books, records, etc., to be furnished to collector of cus-
toms by..
30 W
58
Companies discriminating against American vessels
between foreign ports to be denied entrance to
United States ports by----
15
14
Representative from, on executive committee of
American Bureau of Shipping ---
25
48
Common carrier by water in interstate commerce:
Defined__
1
1
(See also Interstate commerce act.)
Coastwise trade via foreign ports limited to American
vessels_
27
49
Merchandise transported from continental United
States excepted..
27
49
Compensation:
Of employees. -
4
1
1
For vessels commandeered
10
9
United States to make just, for ships, contracts, etc.,
requisitioned..
లు
3
116
143
Section
Page
Compensation-Continued.
United States to make, for dry docks, wharves, ter-
minal facilities, etc., requisitioned_.
13
117
United States to make, for houses and land taken for
shipyard employees..
126
President to make, for vessels requisitioned_
11
116
Must pay just compensation for dry docks, wharves,
terminal facilities, etc., leased or requisitioned_
(See Just compensation)
Competition:
13
32
117
30
·
Complaints:
Agreements as to controlling, preventing, etc., to be
filed..
15
14
Reducing rates below remunerative basis to drive out_
Use of fighting ship to drive out….
19
17
14
12
Board to make rules and regulations to meet.
19
43
22
22
1
4226 C
26
22
122
23
18
14
12
22
18
18
19
∞∞
Copy of, to be furnished to the carrier
Discrimination against a shipper on account of, filing a--
Enforcement of, satisfaction on……
Of violation of act, must be under oath_
Of discrimination by foreign government_
Who may file___
Compliance with orders. (See Orders.)
1
Compromises of claims coming within suits in admiralty
act, authorized___
Condemnation:
Houses for shipyard employees..
Timber and timber products-
Lands for housing shipyard employees.
|
1
1
1
1
Consent of State legislature not required (shipyard
employees' houses)
Powers to cease on proclamation of peace..
Conditions:
Board may approve transactions under sections 9 and
37 conditionally-
Of charters of foreign vessels must be approved.
Conferences (see Agreements) included in term "Agree-
ment"
1
1
I
I
1
1
18
9
78
126
130
126
1
1
126
127
41
25
124
15
14
Congestion of ports, investigation to determine causes__
Congress:
8
35
Board to make annual report to-
12
10
Report on discriminations by foreign Governments.
Report on investigation of foreign navigation and ship-
ping laws, etc_-
26
19
12
10
Reports of expenditures under housing law.
Consignee may consent to disclosure of information con-
cerning shipments_
127
20
17
Constitution:
If a part of rate emergency act held invalid, not to
affect remainder.
17
124
If a part of shipping act declared unconstitutional, not
to affect remainder__.
34
22
If part of merchant marine act declared unconstitu-
tional, not to affect remainder.
36
61
Rules and regulations regarding recording, indorsing,
etc., of mortgages..
30 W
58
Commissioners:
Members of Shipping Board to be called_
Appointment of
Compensation of
Under appropriation act 1929-
Expenses of, to be allowed.
Not to engage in other business.
Number of.
1
}
+
3
3, 4
3
3, 4
4
I
1
I
1
85
4
I
1
1
1
}
•
J
1
1
1
1
3, 4
3, 4
544
144
Section
Page
Commissioners-Continued.
Qualifications.
Removal of __
Appointment of
1
1
}
1
I 1
1
i
1
1
1
1
1
1
Not to handle matters in which personally interested..
Removal of ____
Shall devote time to duties.
Not to have connections with common carriers…….
I
1
1
1
J
1
1
1
Not to be pecuniarily interested in shipping company-
Supervision of divisions may be assigned to.
Salaries__
To have no relation with persons subject to act.
To be appointed with regard to efficiency.
Terms of.
1
1
1
1
1
To hold over until successors are appointed under mer-
chant marine act_
To be selected according to geographical location.
Vacancies _ _
Common carriers by rail:
1
Board to investigate effect of rates of, on improvement
of rivers, ports, and terminal facilities.
Not to give through joint rates at reduced prices un-
less persons or property are carried on American
vessels_
Interstate Commerce Commission may suspend this
provision__.
Common carrier by water:
Defined__
Duty to accept cargo.
Ferryboat not a
-
1
Filing of agreements. (See Agreements.)
Filing of rates, records, memoranda, etc., by-
Not to discriminate
I
រ
J
1
1
1
1
1
Not to influence marine insurance company to dis-
criminate__
Not to give deferred rebates-
I
1
3
3
3
∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ Cɔ + ∞∞∞
3
3, 4
3
3, 4
3
31
4
31
31
31
3
31
3
31
4
33
3
4
3
31
3
1
3
444
8
35
28
49
28
49
1
1
36
22
1
1
1
21
21
14
1727
16
15
14
12
Not to give undue or unjust advantage or preference_-
Not to retaliate against shipper_
16
15
14
12
Defined_
Not to disclose information detrimental to shipper, etc_
Not to allow lower rates to be obtained by use of unfair
devices
Not to use a "fighting ship
""
Not to subject to unjust prejudice or disadvantage.
Ocean tramp not a-
Common carrier by water in foreign commerce:
Ferryboat not a
-
Included in term "Common carrier by water"
Ocean tramp not a..
(See also Foreign commerce, common carrier by water
in.)
Common carriers not to give reduced through rates
with, unless property or passengers are carried on
American vessels__
20
17
42527
16
15
14
14
1
16
15
1
1
1
To observe reasonable practice in handling, etc., of
property--
17
15
1
1
1
1
1
1
1
1
1
1
1
28
49
Interstate Commerce Commission may suspend this
provision__
28
49
Construction loan fund (see Merchant marine act 1928,
increase of):
Created_
Duration of.
I
1
Funds for__
INote.
1
1
1
11
37
11
137
11
137
145
Section
Page
Construction loan fund-Continued.
Amount...
Terms and conditions.
In discretion of board.
Security for loans..
I
I
Principal not covered into Treasury
Interest covered into Treasury.
Construction of ships:
By board, repealed--
By corporation formed by board_
I
1
1
1
1
1
I
1
1
1
1
1
For use as naval auxiliaries, Army transports, repealed_
In navy yards, repealed..
Preference to be given American yards, repealed.
Rules to be investigated...
President authorized to place orders for-
Delegating authority to Emergency Fleet to requisi-
tion while under..
May condemn timber for...
Contracts for foreign account must be approved.
Vessels under construction turned over to board.
I
1
1
1
1
Board may complete work begun under emergency
shipping act_.
Must be in United States.
Construction of vessels:
Construction loan fund__
1
Net proceeds covered into Treasury may be used for..
Vessels engaged in foreign commerce exempt from war
and excess-profits taxes if reinvested in new tonnage_
Consular Service:
Authorized to execute stipulations in suits in foreign
countries..
Authorized to enter appearance of United States-
Authorized to prosecute appeals, etc.-
May claim immunity of public vessels in foreign coun-
tries_
May release vessels in foreign countries-
11
1 37
11-
138
11
138
11
138
11
138
11
138
5
6
11
5
6
LO
6
12
10
1
115
119
1
1
130
I
1
F
1
1
13
37
22
4
33
2
30
11
37
==
11
137
14
41
23
47
777
77
222
77
77
77
77
77
Rules and regulations relating to shipping need not be
approved by board_ _ _
19
43
Contracts:
Discriminatory, forbidden_
14
12
May be modified, canceled, suspended, or requisi-
tioned__
Compensation to be made for..
13
115
1
Requisition of, of vessels under construction –
For constructing vessels for foreign account during
national emergency must be approved..
"Cost-plus" contracts prohibited under housing law
Emergency Fleet Corporation must approve housing
contracts..
Report to be made to Congress on contracts let under
housing law_-
116
119
}
37
22
123
123
1
1
1
123
Entered into under emergency shipping legislation, to
be carried out.__
2
30
Ships and shipping property contracted for turned
over to board_
Rights accruing under, under emergency shipping
legislation, valid..
2
30
4
33
Contracts of sale. (See Sale of vessels.)
Controlling interest of corporations, agreements to vest in
foreigners must be approved..
37
23
1 Note.
146
Section
Page
Conveyances.
(See Mortgages; Bills of sale; Sale of ves-
sels; Recording of mortgages; etc.)
Prior declared valid.
Conveyances of ships:
Recording of._
To be recorded in order of reception_
Indexing requirements.
Corporations:
Included in term "person"
1
រ
J
Included in term "citizen of United States"
1 1
1
1
}
1
1
1
一
​When controlling interest deemed in United States
citizens
When not deemed citizen of United States.
Acquisition of vessels by..
Acquisition of vessels by, repealed.
I
1
Assigns, receivers, and trustees of, subject to act_
Capital...
Dissolution
Disposal of assets, stock, etc., of.
Operation of vessels by-
Organization of, by board.
Powers.
Restrictions upon.
Restrictions upon, repealed.
Stock...
1
1
1
I
1
1
1
1
1
1
}
1
f
1
1
Not to transfer vessels to foreign flag without ap-
proval
1
3, 414
79, 72
30 C
51
30 C
30 C
O LO
51
51
1
11
11
9
1
1
2296
22
11
5
2
I
11
9
11
9
11
9
11
9
11
9
11
11
9
5
6
11
T
10
37
Agreements to vest controlling interest in foreigners
unlawful_
37
Not to transfer American documented vessels without
approval__
37
Not to transfer controlling interest to foreigners-
Not to transfer controlling interest in vessels, ship-
yards, dry docks, terminal facilities, etc., without
approval -
37
37
37
37
727
222 223
2222
222
2
2
22
123
2888888
12
30
30
2220
10
Forfeiture for violation.
Penalty.
Controlling interest of owning vessels engaged in for-
eign commerce must be owned by citizens of United
States.
Seventy-five per cent of interest of, owning vessels
in coastwise trade, must be owned by American
citizens.
When 75 per cent deemed in United States citizens.
Cost-plus contracts prohibited under housing law..
Costs:
Of shipbuilding, to be investigated...
Awarding of, in suits brought under this act_
Petitioner not to be liable for--
1
1
1
T
Costs of construction, to be taken into consideration
in sale of vessels__
Sale of vessels, to be taken into consideration in.
Under suits in admiralty act_
Vessels not to be sold at less than at time of sale.
Counsel:
Appointment of_.
Employment authorized__
Salaries_
To conduct litigation.
To handle cases before board-
To conduct investigations -
Under appropriation act, 1929-
Court of Claims:
1
1
1
1
1
1
1
1
1
2
22
LO LO DO LO
I
I
1
T
1
1
1
Suits under emergency shipping act to be brought in..
Suits under rate emergency act to be brought in..
5
ww
33
33
3
76
5
76
3
3
3
со сосона сосо
3
31
4
5
3
3
3
3
3
85
3
116
14
123
147

Section
Page
Court of Claims-Continued.
Suits under housing law to be brought in.
Persons not satisfied with just compensation awards
may bring suit in..
Court procedure, under suits in admiralty act, same as in
private suits
Court proceedings, board may employ attorneys to conduct_
Crews:
On Government vessels authorized to collect salvage__
Suits for
126
1
1
2
30
33
76
31
10
10
2223
78
78
Of foreign vessels under United States control, war
risk insurance extended to
128
1
In ocean mail service, one-half to be American citizens.
In ocean mail service, after four years two-thirds to
be American citizens_.
Cross libels, authorized in suits in admiralty act.
Customs duties, treaties restricting right to impose dis-
criminating, to be terminated__
405
67
405
67
2
75
.
34
60
D
Dangers, cargo vessels carrying passengers shall notify
them of
26
48
Death by wrongful act:
Seamen given right of action at law with right of trial
by jury.
33
60
Acts relating to death of railway employees extended
to seamen_
Suits to be in district where defendant resides.
On high seas_
33
ww
333
33
1
888
60
60
81
Decrees:
Funds from, to be covered into Treasury to depart-
ment's credit__.
11
78
Payment in foreign suits.
8
77
Under suits in admiralty act, may be appealed_
3
76
6
5
}
ww
34
33
+3
14
12
1
14
12
14
12
Deferred payments:
Sale of vessels to foreigners, limited to 10 years.
Provided for in sale of vessels..
Deferred rebate:
Defined__
Giving of, prohibited_
Agreement or understanding to allow, prohibited_
Definitions:
In shipping act—
"Agreement"
"Citizen of the United States"
"Common carrier by water"
1
1
"Common carrier by water in foreign commerce
"Common carrier by water in interstate com-
merce"
"Deferred rebate
"Documented"
“Fighting ship
""
1
1
1
1
1
I
1
}
1
"Other persons subject to this act"
"Ocean tramp"
"Person"
"Vessel"
In emergency shipping act-
"Material," repealed.
Person," repealed.
66
""
repealed_
"Plant,"
'Ship
"United States"
1
I
I
1
1
}
1
I
1
1
T
1
1
I
!
1
I
I
1
1
1
I
1
1
1
1
1
15
14
1
1
1
1
1
1
1
1
14
12
1
1
14
12
1
1
1
1
1
1
1
1
7566
8
116
116
116
116
116
148
}
i
Section
1
1
1
I
.
I
1
I
1
1
1
1
1
1
Page
120
120
120
126
126
I
37
61
37
61
37
61
37
37
37
229
61
61
61
703 B
703 A
73
23
74
29
29
29
550
50
50
30 B
50
30 B
50
30 B
50
30 B
50
30 B
50
30 D
51
30 M
56
4
116
118
1
I
1
1
92
120
1
35
60
131
95
1
17
15
Definitions-Continued.
In rate emergency act-
"Charter"
"Person"
"United States"
In housing act-
"Person"
'Shipyard"
I
}
1
In merchant marine act-
"Person"
"Vessel"
I
1
I
1
1
I
1
1
1
I
1
I
1
1
1
}
1
1
I
I
1
I
1
I
I
1
1
1
I
1
1
"Documented under laws of the United States"
"Citizen of the United States"
"Board"
"Alien
In merchant marine act 1928-
"Citizen of United States'
"Foreign Trade"
In marine insurance act-
"Association"
""
"Marine insurance companies"
In ship mortgage act-
"Document"
"Documented"_
"Port of documentation"
"Vessel of the United States
Mortgagee".
"Preferred mortgage"
"Preferred maritime lien"
Delegation of power:
Under emergency shipping act. -
1
1
T
1
I
1
I
[
I
F
I
ו ו ו י ן זיו
1
1
}
}
1
1
1
Under act taking over transportation facilities around
shipyards..
Under act seizing German vessels
Under rate emergency act__
Board may delegate authority under merchant marine
act to Emergency Fleet Corporation_
Under act authorizing sale of plants and materials.
Under act taking over German port facilities_
Delivering of property, practices connected with, to be just
and reasonable
Department of Commerce, Secretary of, authorized to
mitigate or remit fines for failure to notify passengers of
dangers aboard cargo vessels.
Department of Justice. (See Attorney General.)
Departments (see Government departments; Government
agencies; name of executive departments):
Rules and regulations relating to shipping must be
approved by board...
Depreciation, allowed on vessels sold at usual rates__
Destroying reports, records, rates, memoranda, etc_
Penalty for
Detail of naval, military, and other officers to board_
Disadvantage, subjecting to undue or unreasonable_
Penalty for
Discharging of vessels:
1
1
1
President may make rules and regulations regarding,
repealed...
Eight-hour laws suspended in connection with.
Disclosure of information about shipments forbidden.
T
I
1
1
I
I
,:,
1
26
48
19
43
5
33, 34
21
17
21
17
4
5
16
15
32
21
7
121
130
20
17
149
Section
Page
Discriminations:
As to cargo space accommodations..
Based on volume of freight offered-
By false billing, etc.
By foreign governments.
By giving undue advantage, etc_
By marine insurance companies
In adjustment of claims.-
In handling of freight.-
14
14
12
1
16
15
}
223
12
26
19
I
1
16
15
1
1
16
15
1
1
1
14
12
14
12
1
Of every kind prohibited_
1
I
14
12
Discriminatory contracts with shippers forbidden..
14
12
Discrimination, methods by way of retaliation prohibited_
14
12
Dispatching of vessels, may prescribe rates, terms, and con-
ditions for, during war.
12
120
Disposition of houses, acquired under housing law, author-
ized
16
42
Disposition of ships, board to develop merchant marine in__
Dissolution:
Of corporations organized by board.
Disposal of stock and assets at time of
District attorneys, service on, under suits in admiralty act_
District courts:
Enforcement of orders of board in.
Timber condemnation proceeding to be brought in..
To have jurisdiction of offenses under ship mortgage
act
To have jurisdiction of suits under suits in admiralty
act__
To have exclusive jurisdiction of foreclosure of mort-
gage maritime liens.
Divisions of board, supervision of, may be assigned to com-
missioners_
Dock facilities (see also Dry docks), furnishers of, included
in term "Other persons subject to this act"
Docks:
German port facilities turned over to board.
Sale of, prohibited
German, seizure of__
Hoboken piers - -
At Charleston, S. C..
At Norfolk, Va__
Insurance of..
Investigation of, necessity for…_
Under War or Navy Department may be turned over
to board by President.
Sale of, prohibited__.
Dock yard included in term "Plant," repealed-
Dock yards, sale of, authorized__
Document, term in ship mortgage act to include registry,
enrollment, and license..
Documentation, port of, in ship mortgage act means port
at which vessel is documented, etc.
Port of, means home port_
1
30
11
9
11
9
2
75
29
20
130
1
30 J
54
2
75
30 K
55
3
31
1
1
17
42
111
I
I
!!
17
42
95
104
105
t
107
I
10
1
I
J
1
1000
136
8
35
17
17
77∞
42
42
8
116
1
13
41
30 B
50
30 B
50
4
80
Documented:
Definition of term..
1
1
No American-built vessel to depart until..
37
22
Vessels to be considered, until registry, enrollment, or
license is canceled__
42
25
Vessels to be considered, until registry, enrollment, or
license is canceled with approval of board under
ship mortgage act__
30 B
50
Term in ship mortgage act means registered enrolled
or licensed, etc..
30 B
50
I Note.
150
Documented under laws of United States, defined in mer-
chant marine act__.
Remodeled vessels must remain, for at least 5 years--
Documented vessels:
Termed "vessels of the United States" in ship mort-
gage act.
Transfer of, to foreigners must be approved by board..
Common carriers not to give through reduced rates
with common carriers by water in foreign commerce
unless property or passengers are carried in Ameri-
can documented vessels-
Coastwise trade via foreign ports limited to-
American mails to be carried on.
American exempt from war and excess-profits tax when
engaged in foreign commerce.
-
Proceeds from sales of, exempt..
Cargo vessels may carry 16 passengers.
Documents:
Indorsements to be made on in order to acquire status
of preferred mortgage-
1
Section
Page
37
61
202
63
30 B
50
9
7
222
28
27
24
874
336
23
26
222
23
49
49
47
47
47
48
30 D
51
Mortgages to be indorsed on, by collector of customs
Indorsements to be made at port of documentation__
May be made at any port on instructions from port
30 D
51
30 D
51
of documentation__.
30 D
Vessel not to clear until indorsements are made.
New document to receive like indorsement.
Covered by preferred mortgage not to be surrendered
30 D
30 D
555
51
51
51
without approval of board...
30 O
56
Board to refuse surrender unless mortgagee consents--
Commerce Department to furnish blank copies of, to
collectors of customs..
30 O
56
30 O
56
Preferred mortgages to be indorsed on
30 D
51
Domestic commerce:
Board to establish new routes for development of _
Merchant marine necessary for...
Domestic markets, board to establish new routes to---
Domestic prices, to be taken into consideration in sale of
vessels
717
**
34
30
34
сл
5
33
Domestic vessels:
Furnishing of supplies, necessaries, etc., to, to con-
stitute maritime lien___
30 P
57
Persons authorized to create_
30 P
57
Dry docks (see Docks):
Included in term "plant," repealed-
8
116
must be approved..
May requisition or lease during war.
Transfer of, to foreigners during national emergency
To be operated as President may direct during war
Executive order delegating authority to board.
May prescribe rates, terms, and conditions for use dur-
ing war-
Priority in use of, during war.
Condemnation of timber to build.
8-hour laws, Executive order suspending, in operating
vessels during war.
Insurance of _ - - -
Lien for use of, may be waived.
Sale of, authorized.
Use of, constitute maritime lien_
Persons who may create lien...
1 Note.
1
37
22
13
123
15
123
119, 120
[
12
122
[
1
F
12
122
1
1
130
1
1
130
10
136
1
30 S
58
I
13
41
1
30 P
57
1
1
30 P
57
151
Section
Page
E
Electrically propelled vessels, charter of, of 250 tons or over,
must be approved during war.
Emergency:
Existence of, to be proclaimed by President__
Transfer of vessels during___
1
1
J
Proclamations declaring, in water transportation..
President to issue proclamation when emergency ends.
Emergency Fleet Corporation (see also Corporations):
Authorizing creation of..
Expenditure of money turned over to
Executive order delegating authority to, under original
emergency shipping act_
Executive orders delegating authority to, under act
taking over transportation facilities around ship-
yards...
Authorizing, to provide houses for shipyard employees.
Authorizing, to condemn or purchase timber.
Authorized to arbitrate, compromise, settle, etc., claims
under suits in admiralty act__.
Board may delegate authority under merchant ma-
rine act to--
Continued in existence until vessels are sold.
Operating capital not covered into Treasury.
1
Private vessels immune from arrest or seizure for acts
committed in service of
Suits in personam in admiralty authorized..
Public vessels and cargo owned or possessed by, im-
mune from arrest or seizure..
124
CU CU
37
22
37
22
26, 27
43
25
11
9
4
116
119
119
f
1
J
1
1
1
1
f
,
1
126
130
9
78
35
12
14
554
60
40
41 ·
42
76
75
75
Name changed (see footnote to appropriations act,
1929)
85
Emergency fleet housing law (see Housing law):
Repeal of..
16
42
Funds may be expended for repairs, completion, etc.,
notwithstanding repeal.
16
Sale of, authorized..
16
42
225
42
Emergency rate act:
Repeal of
1
|
Penalties under, not affected by repeal..
Emergency shipping act:
Board to settle claims arising under..
Board may complete construction work begun under.
Contracts and rights under, to be carried out..
Penalties under, not affected by repeal..
Repeal of
Ships and shipping property acquired under, turned
over to board.
Emergency shipping funds (see Compilation of appropria-
tion acts, printed separately), Executive order dele-
gating authority to spend various funds appro-
priated
Net proceeds to be covered into Treasury for con-
structing, requisitioning, or building vessels__
Emergency shipping legislation:
Board to settle claims arising under..
Contracts and rights under, to be carried out.
Penalties under, not affected by repeal_
Repeal of..
Repeal of housing law.
1
I
1
Vessels and property acquired under, turned over to
board..
Enemy port facilities:
Turned over to board.
Sale of, prohibited….
1
1
22
30
30
1
1
J
NNNNN
2
30
2
30
30
2
30
2
4
30
T
33
222NO
1
}
}
119
14
41
30
30
30
30
16
42
4
33
17
17
223
42
42
152

Section
Page
1
Enemy vessels:
Seizure of
Turned over to board.
Turned over to board_
Enforcement:
Of subpoena
Of orders of board..
1
1
T
1
T
1.
1 I
I
1
1
1
Findings of board as evidence in suits for.
Of orders for payment of money..
Of orders other than for payment of money
Suits for..
Use of injunctions in, of orders__
Enrolled (see Documented):
·
1 1
1
1
I
|
I
1
1
T
1
1
1
I
I
1
1
1
1
1
J
Term "documented" to include in ship mortgage act..
Enrolled vessels:
Included in documented.
27
29, 30
29
30
29
29
29
2233
92
92
2222222
20
20
20
20
20
20
20
30 B
50
1
1
Proclamation regulating transfer of, to foreign fag..
Enrollment, vessels to be considered documented until en-
rollment is canceled by board___.
26, 27
42
25
Enrollment, term "document” to include in ship mortgage
act
30 B
50
Equal privileges for American vessels.
26
19
92
7
}
==
34
Evidence:
Findings of board as.
30
2
22202080
77
7
77
4
1
រ
1
4
LO LO
1
22
23
23
ww
47
47
Equipment of vessels, board authorized to equip and
repair German vessels..
Established lines, preference to, on new routes____
Report of board of survey to be competent.
Requirements for paying judgments under suits in
admiralty act__
Examiners:
Excepted from civil service. -
Salaries__
Excess-profits tax:
Vessels engaged in foreign commerce exempt from_..
Proceeds from sale exempt from___.
Executive departments.
departments.)
Executive orders:
(See Departments; Government
Delegating to Shipping Board and Emergency Fleet
Corporation authority under original emergency
shipping act_
Transferring German vessels to Shipping Board.
Delegating authority to board and Emergency Fleet
various appropriation acts--
Delegating to board powers relating to ocean freight
rates and terminal charges__
Delegating authority under act taking over transpor-
tation facilities around shipyards_-
Suspending eight-hour laws in connection with opera-
tion of vessels.
119
1
92
1
I
119, 120
125
1
1
1
119
f
130
To be issued extending period when coastwise laws
shall extend over insular possessions.
21
46
Transferring portion of Army supply base at Charles-
ton, S. C
Transferring portion of Army supply base at Nor-
folk, Va..
Existing amendments. (See Agreements.)
Giving Panama Railroad Steamship Co. right to use
Hoboken piers-
103
1
1
105
107
1
1
153

Section
Page
Expediting construction:
Taking over plants for, authorized__
Appropriation for…….
May pay bonuses under housing law.
I
1
1
Į
|
1
F
Expenses (see Separate compilation of appropriation acts):
Traveling, of board..
Appropriation for.
Of employees _ _
Expenditures:
Board to report to Congress_
1
To make report on, under housing law.
For repairing or completing houses, authorized.
1
J
Net proceeds, after paying, to be covered into Treas-
ury to board's credit..
Experts, excepted from civil service..
Export rates, common carriers not to give reduced through
export rates with common carriers by water unless prop-
erty or passengers are carried on American vessels..
False:
Billing-
Classification_
Weighing..
T
Report of weight_
1
1
F
Obtaining lower rates by use of.
Penalty-
Reports, rates, memoranda, etc__
1
1
1
1
1
Fares, common carriers not to give reduced through rates
with common carriers by water unless property or pas-
sengers are carried on American vessels
Fares must be just and reasonable (see Rates)
Fees:
Of witnesses before board.
Of persons acting under direction of board..
Ferryboats, not subject to shipping act...
Fighting ship:
Defined
-
Agreements for use of, unlawful_
Use of, forbidden..
1
1
1
1
Companies discriminating against American vessels by
use of fighting ships between foreign ports to be
denied entrance into United States ports..
Finances, funds may be expended for repairing or com-
pleting houses_.
Findings of board, to be prima facie evidence.
Fire insurance on vessels purchased from board_
Foreign ports:
1
Coastwise trade via, limited to American vessels--
Merchandise transported from continental United
States on through routes excepted_
Foreign registry (see also Foreign interest):
Transfer of vessels to--
1
1
1
1
T
ן
t
1
115
11
116
126
35
A CA
4
22
4
or Nor
5
5
12
10
126
16
42
16
42
4
5
28
49
16
15
16
15
16
15
16
15
16
15
32
21
21
21
17
28
18
со со
22
27
27
771
99999
49
16
22
20
20
14
12
14
12
14
12
222
15
14
16
42
30
9
280
20
36
27
49
27
49
9, 37
7, 22
I
23, 27
1
1
128
22
46
Vessels sold by board subject to restrictions of sec.
9 of shipping act..
5
33
Foreign rules and regulations, board shall make rules and
regulations to meet unfavorable conditions created by---
Foreign suits:
Procedure for handling-
Payment of judgments and awards...
19
43
1
со со
8
8
2223
77
77
Proclamations regulating transfer of vessels to..
Vessels of, to engage in United States coastwise trade.
Repeal of act authorizing vessels of, to engage in coast-
wise trade..
154
Section
Page
Foreign trade:
Board to establish new routes for development of----
Foreign cargo vessels engaged in, authorized to carry
16 passengers-
Investigation of ports, rivers, and terminal facilities
in respect to_.
7
34
26
48
8
35
Net earnings of vessels engaged in, exempt from in-
come tax
23
Proceeds from sale exempt from..
23
ww
47
47
Rules and regulations to govern shipping in-
19
43
Foreign vessels:
Admission to American registry-
Authorizing to engage in coastwise trade_ _
United States citizens not to charter, unless terms
are approved..
Charter and rates of, must be approved
To be insured by War Risk Insurance Bureau when
under United States control_.
Board authorized to issue permits to carry passengers
from Hawaii to United States__
Cargo vessels authorized to carry 16 passengers if
same privilege is extended to American vessels_
Coastwise trade, repeal of act authorizing, to engage
in__.
Foreign-built vessels, repeal of act authorizing, to
engage in coastwise trade___
9
7
128
1
10
122
124
President may extend provisions of rate law to, re-
pealed__
Co
8
121
128
22
46
26
.48
22
46
22
46
Foreign-built domestic-owned vessels may continue
to engage in coastwise trade_
22
46
Furnishing of supplies, necessaries, etc., to constitute
maritime lien_
30 P
57
Persons authorized to create_.
30 P
57
Rules and regulations to meet unfavorable conditions
created by
19
43
Foreigners:
Vessels sold or mortgaged to, must be approved..
Proclamations regulating transfer of vessels to-
Board to approve transfer of rights under vessels
mortgaged to---
Admiralty courts not to sell vessels of United States
to, without approval of board..
37
22
26, 27
30 O
56
30 O
56
Rules and regulations to meet unfavorable shipping
conditions created by-
19
43
Sale of vessels to, authorized.
May bring suit_
Forfeitures:
To be prosecuted in same court as custom forfeitures__
Conviction in criminal court to constitute prima facie
evidence in forfeiture proceedings..
Forfeiture of vessels, mortgage maritime lien given priority
over forfeiture proceeding under the customs or naviga-
tion laws.
6
34
1
1
5
84
38
24
39
24
30 O
56
Forwarding, persons engaged in, included in term "other
persons subject to this act"
1
1
Franchises, to acquire street-railroad_
1
119
Freight:
Investigation of facilities for handling at water termi-
nals.
Sale of vessels, to be taken into consideration in
Vessels may carry in ocean mail service
8
35
5
33
411
70
155
Section
Page
Freight rates (see also Rates):
Act conferring authority to prescribe, during war-
Executive order delegating powers relating to-
Emergency act, repeal of
6
121
1
125
2
30
1
Freight traffic, agreements limiting or regulating, must be
filed_
14
Construction loan fund___
Funds:
May be expended for repairing or completing houses--
Moneys collected from judgments to be covered into
Treasury to department's credit.
Net proceeds to be covered into Treasury for con-
structing, requisitioning, or purchasing of vessels___
General average:
G
11
37
16
42
1
11
78
14
41
Maritime lien for, made preferred maritiine lien.
Maritime lien for, may be created after execution of
mortgage but before same is recorded_.
30 M
56
30 F
53
German port facilities:
Turned over to board.
17
42
Sale of, prohibited__.
17
42
President may transfer back to War or Navy Depart-
ment_
17
42
Sale of prohibited_.
17
42
I
95
1
1
95
t
I
1
1
1
T
1
1
95
95
95
95
1
1
*
92
I
T
T
92
Act taking over-
President authorized to take title to-
Just compensation for..
Title to vest in United States.
Proclamation taking over.
Proclamation fixing just compensation_
German vessels:
Seizure of.
Turned over to board.
Miscellaneous orders transferring to board..
In Virgin Islands excepted__
Operating and equipping-
Board of survey to be appointed for.
1
Report of, to be considered as competent legal
evidence..
Valuation_
Turned over to board.
Sale of, authorized.
1
T
1
1
1
1
I
I
I
J
Government agents, disclosure of information to..
Government departments (see Government agencies):
American Bureau of Shipping to be recognized by-
Authorized to arbitrate, compromise, settle, etc.,
claims under suits in admiralty act_--
Reports of arbitration, settlement, etc., of claims under
suits in admiralty act, to be made by-
1
I
92, 93
92
1
1
12
2245
1
1
92
92
92
92
33
T
4, 5
33
20
17
25
48
9
78
12
78
Rules and regulations relating to shipping must be ap-
proved by board..
19
43
Vessels required for use of, not turned over to board..
4
33
Government funds:
Board may withdraw invested funds..
To be covered into Treasury as miscellaneous re-
ceipts_
Government officials, transportation of..
Government vessels:
American Bureau of Shipping to classify and survey..
Authorized to collect salvage_
Suits for salvage_
14
41
601
1
799
14
41
72
25
10
~A
48
78
10
78
156
Section
Page
I
Government vessels-Continued.
Awards to be covered into Treasury to department's
credit_
War Department not to pay charter hire for, during
fiscal year ending June 30, 1919.
Steamboat-inspection laws extended to.
Suits against.__
I
1
Great Lakes, common carriers on, subject to act.
H
Hamburg-American Line Terminal & Navigation Co.:
Port facilities of, turned over to board.
Sale of, prohibited.
Act taking over port facilities of
Proclamation taking title to….
Proclamation fixing just compensation for
Handling of property:
Hearing, necessity of full__
111
111
I
1
1
1
1
1
}
111 1
10
78
15
42
114
75
1
1
17
17
23
42
42
95
1
t
11
1
1
1
1
1
1
1
1
1
1
រ
95
95
23
18
Rules and practices connected with, to be reasonable.-
Harbor facilities, investigation of necessity for improve-
ment_
17
15
00 LO
8
35
Harbors, vessels engaged in improving exempt from mer-
chant marine act, 1920-
4
33
Harter Act, public vessels entitled to benefits of
6
7'7
Hawaii, board authorized to issue permits to foreign vessels
to carry passengers from, to United States.
22
High seas, what included in__.
Highway transportation, investigation to coordinate water
and rail transportation with_
Hoboken Piers..
Home port:
Furnishing of supplies, necessaries, etc., to vessel in,
to constitute maritime lien..
Persons authorized to create.
In United States, to be fixed by owner of vessels.
Vessels' documents to show
Home port bill.
Hours-of-service acts, Executive order suspending in con-
nection with operating vessels during war_
Houses, to construct for shipyard employees_
Housing law:
Authorizing Emergency Fleet Corporation to provide
houses for shipyard workers__
Purchase, requisition, or lease land..
Build houses and sell same.
Purchase or requisition houses.
Make loans to persons providing houses.
May take immediate possession of property taken
Powers under act to cease on proclamation of peace-
Premiums and bonuses authorized.
Must make just compensation for property
Terms defined
Cost-plus contracts prohibited_
Expenditures authorized_
Report to be made to Congress-
May condemn timber for building.
Repeal of
}
1
taken.
I
Expenditures may be made for repairs, completion,
etc., notwithstanding repeal of act__
Sale of houses, etc., authorized__
Hypothecation, transferee must file declaration as to
citizenship, etc., with collector of customs.
27
46
1
8
35
103
1
30 P
57
1
T
30 P
57
79
·
}
1
1 1 1 1
1
I
t
1
}
1
1
1
1
[
Sec. 1, 79
79
1
130
126
}
126
126, 127
1
1
1111111
1
}
1
1
126, 127
126, 127
126, 127
11
1
1
1
1
Į
I
I.
I
[
126, 127
128
I
127
128
1
130
T
16
42
16
42
16
42
225
40
24
126, 127
126, 127
128
126, 127
157
Section
Page
I
Immunity from suit (see Suits in admiralty):
Shipping Board vessels not immune_
9
Shipping Board vessels immune from arrest or seizure_
Private vessels immune from arrest for acts committed
in Government service_
1
जैन
75
4
76
Public vessels immune from arrest or seizure in foreign
countries.
7
77
Not precluded from claiming in foreign countries by
suit in admiralty act___
Import rates, common carriers not given reduced through
import rates with common carriers by water, property
or passengers are carried on American vessels..
Importers, war-risk insurance extended to property of on
foreign vessels under United States control__.
Income taxes:
Vessels engaged in foreign commerce exempt from for
10 years--
Proceeds from sale exempt from..
Indorsements:
On ships' documents of mortgages, etc.
Vessel not to clear until made...
Information:
Detrimental to shipper, etc., not to be disclosed..
May be given to Government agents...
May be given under legal process_
Injunction, may be used by courts in enforcing orders of
board_
Inland navigation, rate emergency act not to apply to.
Inland waterways, vessels engaged in improving, exempt
from merchant marine act, 1920.
Insular possessions:
Coastwise laws extended to after Feb. 1, 1922.
President may extend time for taking effect.
Board directed to establish adequate steamship serv-
ice with__.
Coastwise laws not to extend to Philippines until
President declares there is adequate steamship
service __
Philippines authorized to make rules and regulations
governing shipping until vessels are admitted to
American registry-
7
77
28
49
128
2233
47
47
30 D
51
30 D
51
1
1
T
1
2220
17
17
17
29
20
15
123
4
30
22
21
46
21
46
1
21
46
21
46
21
46
Common carriers not to give reduced through rates
with common carriers plying to or from insular pos-
sessions unless property of passengers are carried on
American vessels.
28
49
Insurance:
Influencing companies to discriminate.
Penalty for..
Investigation of..
War risk, extended to foreign vessels under United
States control__
Funds from, to be covered into Treasury to credit of…._
Board authorized to create fund and insure its vessels.
One vessel sold by board protective and indemnity
Marine associations, exempt from antitrust laws__
By United States Shipping Board...
Insurance fund:
Board authorized to establish.
Not covered into Treasury.
All hazards covered by policies.--.
I Note.
46209°—29————11
16
15
1
1
32
21
រ
12
10
128
|
1
11
78
10
36
9
36
29
1
220
50
10 36, 137
10
1
1
14
1 36
41
1
9, 11
36, 37
158
Section
Page
Interest:
Rate to be charged on purchase price of vessels sold to
aliens...
On purchase price of vessels_
On preferred mortgages__
May be included in judgments under suits in admiralty
act___
Interstate commerce:
Voyages on Great Lakes included in
Common carriers by water in, defined..
1
1
1
Board may prescribe just and reasonable rates, classi-
fications, regulation, etc..
Disclosing information about shipment by.
Duty to accept cargo-
Included in term " common carrier by water"
Increase of rates, fares, etc., by.
Issuance of tickets, bills of lading, etc., by.
Filing of maximum rates, fares, and charges by
1
1
1
1
Not to allow lower rates to be obtained by use of unfair
devices, etc._.
Not to discriminate between shippers_
Not to give deferred rebates..
Not to give undue preference or advantage.
1
1
I
1
I
1
1
1
1
1
I
1
Not to influence marine insurance companies to dis-
criminate..
Not to retaliate against any shipper-
1
6
34
5
33
30 H
53
3
76
1
1
1
1
18
20
1
J
1
16
17
1
18
16
18
16
18
16
16
15
14
12
14
12
I
16
15
16
15
14
12
16
15
14
12
18
16
18
16
Rates reduced to drive out competitor_
Sections with application to, Nos. 14, 15, 16, 17, 18, 19,
20, 21.
19
17
To establish just and reasonable rates, classifications,
etc.
18
16
Not to subject to undue prejudice or disadvantage__
Not to use "fighting ships"
Practices connected with carrying of baggage
Practices connected with receiving, handling, etc., of
property
Interstate commerce act:
Common carriers subject to, not to give through re-
duced rates with common carriers by water unless
property or passengers are carried on American
vessels
Interstate Commerce Commission may suspend this
provision-
Schedules to be filed by carriers_
Schedules of vessel rates.
Publications of changes-
Notice of and filing of claim under.
(See Bills of lading.)
Interstate Commerce Commission:
דין
1
I
1
Venue and procedure for enforcement of orders of
board to be same as-
Jurisdiction of, not to be encroached upon….
Executive order not to withdraw power from.
I
1
1
1
1
Board to report effect of rates of common carriers by
rail on improvement of rivers, ports, and terminal
facilities to__
Common carriers not to give through reduced rates
with common carriers by water engaged in foreign
commerce unless property or passengers are carried
on American vessels.
Commission may suspend this provision..
Board to investigate effect of rates of common carriers
subject to on improvement of port facilities__.
E
I
1
28
49
28
49
90
I
T
1
1
1
1
90
1
1
339
90
89
31
33
21
21
125
1
8
35
22
28
28
8888
49
49
8
35
159
Interstate Commerce Commission-Continued.
Merchandise, transported between points in continen-
tal United States over Canadian rail lines, tariffs of
which are filed with Interstate Commerce Commis-
sion may be transported by foreign vessels ____
Interurban railroads:
Authorized to take over around shipyards--
Proclamation delegating authority to take from.
Sale of, authorized-
Intrastate commerce, act not to apply to-
Invalidity of acts:
1 1
1
1
1
1
1
រ
Section
Page
27
49
1
120
117
13
41
33
21
If part of shipping act declared únconstitutional, not
to affect remainder. _
17
124
If part of merchant marine act declared invalid, not to
affect remainder of act
36
61
Investigations:
Cost of shipbuilding-
12
10
Discriminations by foreign governments
Marine insurance.
26
19
I
Mortgage loans_
Power to subpoena in conducting.
1111
I
I
I
1
12
10
12
10
1
27
20
Results of, to be reported to Congress-
12
10
Reports of, to be published_
24
19
Violations of act..
22
18
Board to conduct investigation of water-borne com-
merce with respect to territorial regions and zones_.
Appointment of attorneys for conducting--
Routes, investigations regarding establishment of
May employ attorneys for..
∞373
8
35
3
34
31
Investments:
Board may withdraw_
14
To be covered into Treasury as miscellaneous receipts.
Board may withdraw and cover into Treasury.
Island possessions. (See Insular possessions; Philippine
Islands, etc.)
14
14
444
41
41
41
Island territories, coastwise laws extended to---
21
46
J
Joinder of parties, in suits to enforce orders_
30
20
Joint rates, common carriers by rail not to make joint re-
duced rates with common carriers by water unless prop-
erty carried in American vessels-
28
49
Judgments:
In suits for enforcement of orders....
30
20
May be entered against a particular defendant__
30
20
Funds from, to be covered into Treasury to depart-
ment's credit__
11
Interest may be included in, rendered under suits in
admiralty act..
Payment in foreign suits_
∞∞
3
8
22 0 of
78
76
77
Jurisdiction of board, not to conflict with Interstate Com-
merce Commission_
33
21
Just compensation (see Compensation):
For German port facilities.
Proclamation fixing for German port facilities_
To make in settling matters under emergency ship-
ping legislation. -
Jury trials:
Seaman given right in personal injury cases..
Seaman given right to, in death by wrongful act...
Suits to be in district where defendant resides..
95
1
1
95
1
2
30
1
www
33
33
33
8880
60
60
60
160

Section
Page
Land:
L
Condemnation of, for timber.
Sale of, after timber cut.--
T
1
I
To purchase or requisition for housing shipyard em-
ployees.
To acquire for plants-
Sale of, authorized_
Landing of freight, discrimination in matter of, unlawful_ -
Lawyers:
Appointment of__
Employment authorized.
Salaries__
To conduct litigation_
1
Salaries, under appropriation act 1929.
To handle cases before board.
To conduct investigations__
Leasing:
-
11
Lands for housing for shipyard employees-
Houses for shipyard employees..
T
1
Dry docks, wharves, terminal facilities, etc., during
war
Immediate possession may be taken of property.
Power to cease on proclamation of peace..
Leasing of vessels:
Admission to American registry.
By the board, repealed.
By corporation formed by board.
Competitive offering for, required_
From the board, repealed__
From corporation formed by board_
Liability of vessels leased..
1
1
1
I
Public notice to be given by board of.
Proceeds of, to be covered into Treasury.
Proceeds of, permanently appropriated_
Registry of vessels leased..
Restriction upon, repealed…….
I
!
1
1
1
1
1
[
I
Subject to laws governing merchant vessels_ .
I
I
I
I
1
Taking for military or naval purpose vessels leased___
Vessels leased from board may engage in coastwise
trade__
Enemy vessels from board__
German vessels_
Austrian vessels_.
1 1
1
T
To foreign interest, during emergency, must be
approved ___
Board to develop merchant marine, by
Of vessels authorized___.
Legal process, disclosure of information on_.
Legal service, employment authorized____
Liability:
1
|
1 1
Limit that may be incurred under sections 5 and 11
Shipping Board vessels subject to all liabilities of
private vessels..
To holder of bill of lading-
Of carrier issuing bill of lading
Limitation of_
For full loss.
Licensed vessels:
[
111
1
1
1
|
I
[
1
1 1 1
1
J
1 1
[
1
[ {
}
To be considered documented until licenses is can-
celed__
Included in "documented”
Proclamation regulating transfer to foreign flag.
1
I
I
I
1
1
11.34
13
14
130
131
126
120
41
12
3
3
31
4
∞ BH B
3
100 00
1
ကာ
85
3
3
1.26
1
1
126
13
123
13
123
126
9
7
5
6
11
9
11
10
11
9
9
11
9
13
11
13
11
9
7
5
9
10
9
CocoBEE
I
37
2-22~
12
1
T
679
92
92
92
7222
2892 =
11
30
40
20
17
3
31
+
· 13
9
88
88
88
89
1
78
42
25
1
1
26, 27
161
Section
Page
License (see Documented):
Term "document" to include in ship mortgage act_ - -
Term "documented" to include in ship mortgage act__
Liens (see Maritime liens), to secure construction loan
funds
Liens, common law:
Marshal may take mortgaged vessel out of possession
of holder of..
Mortgages given priority over.
Preferred maritime liens given priority over
To be liquidated on sale of vessel.
Against public vessels____
}
Life-saving equipment, cargo vessels carrying passengers
not exempt from laws relating to---
30 B
50
30 B
50
11
37
30 B
50
30 M
56
30 M
56
30 M
56
8
84
26
48
Lighterage facilities:
Priority in use of, during war.
12
122
May prescribe rates, terms, and conditions for use of,
during war.
12
122
President may make rules and regulations regarding,
during war, repealed___
7
121
Limitations of liability act, public vessels entitled to bene-
fits of__
Lines, board to establish_
List of merchant vessels, American Bureau of Shipping,
vessels classified by, to be indicated in_
Litigation:
Board authorized to conduct_
Board may conduct..
Loading freight, discriminations between shippers in
matter of, prohibited. -
Loading of vessels:
President may make rules and regulations regarding,
repealed__
Eight-hour laws suspended in connection with.
Loans:
Authorized to be made to those constructing ships,
etc____
To person providing houses for shipyard employees___
Time limit_
-
Under merchant marine act, 1920, as amended.
Payment of, installment intervals.
Interest rate__
Coastwise trade-
Foreign trade_
Condition of
Under merchant marine act, 1920, as amended..
Condemnation of
Logs:
Sale
Purchase_-
Lumber:
Purchase of..
Condemnations.
Sale of ---
I
1
1
1
I
I
I
1
T
I
1
I
1
I
}
1
67
77
34
25
48
3
31
3
31
1
14
12
7
121
130
===
I
1
1
1
1
1
J
1
T
1
1 1
I
}
I
1
1
1
1
115
126, 127
11
138
11
138
11
138
11
138
11
139
11
40
130
130
130
I
130
130
1
1
130
1
M
Mails:
To be carried on American vessels.
Contract not to be sublet to foreigners_
Board and Postmaster General to fix compensation
for carrying--
Postmaster General authorized to make contracts for
carrying on American vessels _ _
(See Ocean mail service; Airplanes; Airships).
1 Note.
24
24
++
47
47
24
47
24
47
409 (c)
70
162
Section
Page
Management of vessels:
Authority delegated to board to manage.
May redelegate to its corporations_
By board...
By charterers authorized_
Managing owner may create maritime lien on vessel.
Manning of German vessels - - .
Marine insurance (see also War-risk insurance):
Purchaser of vessels to provide..
Associations engaged in, defined..
Marine insurance companies engaged in, defined.
Exempt from antitrust laws_
Marine insurance companies, defined_.
Marine railways:
Included within term "plant"
Order delegating authority to board to regulate_
Sale of, authorized_
Use of, constitute maritime lien-
Person authorized to create__.
1
i
1
}
119
119
!
12
40
1
1
1
1
12
40
30 P
57
1
I
92
1
9
}
1
1
1
1
29
29
29
1
1
29
I
*88*6
36
50
50
50
50
|
1
8
116
120
13
41
30 P
57
30 P
57
Lien for use of, may be waived-
30 S
58
Maritime liens:
General average lien may be created after execution
of mortgage, but before same is recorded.
30 F
53
Mortgage maritime liens given priority over forfeiture
proceedings.
30 M
56
Preferred to include-
Liens prior to mortgage.
Tort liens
Stevedores' liens.
Seamen's liens_
General average.
Salvage_
Salvage liens may be created after execution of mort-
gage, but before same is recorded..
1
1
1
I
11 I
1
30 M
56
30 M
56
30 M
56
30 M
56
30
M
56
1
30 M
56
30 F
53
Seamen's liens may be created after execution of mort-
gage, but before same is recorded.
30 F
53
Stevedores' liens may be created after execution of
mortgage, but before same is recorded_
30 F
53
Lien act
30 P
57
Repairs
Supplies-
Towage
Dry docks..
Marine railway-
For necessaries, supplies, etc., in home port.
Not necessary to prove credit given to vessel.
Person authorized to create__
Charterer's agent may create_
-
Owner pro hac vice may create_
Agreed purchaser in possession of vessel may create__
Parties not authorized to bind vessel not to create___
I
1
I
1
}
1
30 P
57
30 P
57
30 P
57
30 P
57
30 P
57
30 P
57
30 P
57
30 P
57
30 O
56
30 R
58
30 R
58
30 R
58
Preferred status of, may be waived.
30 S
58
Priorities between unaffected _ _
30 S
58
State statutes conferring liens for repairs, necessaries,
etc., superseded_
30 T
Mortgagor to disclose liens on vessels_
30 F
8893393
58
53
Liens not to be created after execution of mortgage,
but before same is recorded.
30 F
53
1
Exceptions
Recording of liens..
Certificate of discharge.
Acknowledgment before recording-
30 F
53
1
30 G
53
1
1
30 G
53
I
30 G
53
163

Section
Page
Maritine liens-Continued.
Collector of customs to furnish copies of certificate of
recorded liens-
Fees for
Documents of vessel to be exhibited to parties who
may acquire liens against vessel.
Penalties
Preferred mortgage to constitute maritime lien..
Mortgage maritime liens to be enforced in admiralty__
Foreclosure of preferred mortgages_
Preferred maritime lien created,
Defined_
1
Liens and encumbrances to be liquidated on sale of
vessel by admiralty court_.
Preferred mortgages.
1
Action in personam against preferred mortgagor.
Sale of vessel by suit enforce maritime lien to pass
title clear of all claims_
-
Commerce Department to furnish blanks, etc., for re-
cording, etc...
1
1
30 M
30 I
30 I
54
54
30 E
30 K
30 K
30 K
30 K
30 M
LO LO LO LO LO LO LO
52
55
55
55
55
56
CO CO
56
30 M
56
30 M
56
30 N
56
30 O
56
30 U
58
Commerce Department to make rule and regulations
for recording, etc----
30 W
58
Prior Federal lien act repealed..
30 X
58
Lien act to be construed as reenactment of prior acts_
Markets, board to establish new route to-
30 X
58
7
34
Market prices, present, to be taken into consideration in
sale of vessels..
5
33
Marking property, practices connected with, must be just
and reasonable_.
18
16
Marshal, may take possession of mortgaged vessel while in
hands of common-law lienor__
Masters of vessels:
War-risk insurance extended to those of foreign vessels
under United States control_
May create maritime lien on vessel
30 L
56
128
1
30 P
57
1
Penalty for failure to exhibit vessel's documents, etc. -
Required to exhibit documents of vessel.
30 J
54
30 E
52
Materials:
Definition of term
Requisition of, authorized.
Placing of orders for, authorized.
Delegating authority to Emergency Fleet to requisi-
tion__
Board and fleet authorized to dispose of __
Insurance of__
Sale of, authorized
Maximum rates, board may prescribe_--
Memoranda:
Board may require filing of
Falsifying, altering, etc., of those filed..
Members of board. (See Commissioners and Shipping
Board.)
Merchandise:
Carriage of, in coastwise trade via foreign port limited
to vessels.
7
116
1
1
1
1
1
115
1
I
115
119
1
I
1
1
1
J
131
I
T
10
136
13
41
1
I
1
18
16
1
1
1
223
21
17
21
17
27
49
Merchandise transported from continental United
States on through rates excepted..
27
49
Merchant marine:
-
Declaring policy of doing whatever necessary to de-
velop
1
Declaring policy of having it owned by private citizens
Vessels not necessary for development of, may be sold
to aliens..
1
3383
30
30
6
34
Note.
164
Section
Page
39
62
35
60
36
61
1
63
201
63
202
63
203
63
11
37
402
66
408
69
409
69
601
72
701
73
702
73
705
74
301
64
401
66
403
67
404
67
405
67
406
68
410
70
411
70
411
70
411
70
412
70, 71
413
71
414
71
10
36
703
73, 74
704
74
25
48
4
5
4
5
27
20
14
1
30
4
10
4
33
11
9
Merchant marine act, 1920:
Act to be cited as--
Board may delegate authority under, to Emergency
Fleet Corporation _ _
If part declared unconstitutional not to affect re-
mainder...
Merchant marine act, 1928:
Declaration of policy
Sales by board..
1
1
1
1
Remodeling and improving-
Replacements__
|
I
Increase of construction loan.
Requirements of Postal Service.
Classification of versels___
Compensation under contract_
1
I
I
T
1
Transportation of Government officials.
Authorization of appropriation.
Requisition of vessels.
Ship operation_
Construction loan fund.
Ocean mail service.
Recommendations by board-
Authority to make contracts
Vessels..
Advertising for bids.
Violation of contracts.
Passengers
Freight..
Express
}
Naval officers-
Mail messengers-
11 1
Amendments and repeals.
Insurance fund.
Definitions__
Reaffirmation of policy
1
I
1
1
I
}
}
1
រ
1
1
1
1
1
I
I
I
1
│· │
I
I
1
I
I
I
1
I
[
1
1
F
!
1
I
Merchant vessels, list of, to indicate vessels classified by
American Bureau of Shipping--
Mileage:
Of commissioners to be paid_
Of employees to be allowed.
Of witnesses before board__
1
1
T
1
-1
1
1
Military auxiliary, declaring policy of having a merchant
marine to serve as-
Military officers, detail of, to duties under board.
Military purposes, taking of vessels for.
1
Military service, vessels in, exempt from merchant marine
act, 1920
!
I
1
Minority stock, by United States in corporations, forbidden_
Miscellaneous receipts:
Fees for copies of mortgages, bills of sale, liens, records
of vessels, etc., to be covered into Treasury as-
Net proceeds to be covered into Treasury as.
Mississippi River barges and towboats:
Turned over to War Department.
Power to operate and dispose of, turned over to War
Department - -
Modifications:
Of agreements must be filled..
Of order by board..
Modifications of contract. (See Contracts.)
Mortgagee, defined in ship mortgage act__
1
1
1
T
30 I
54
14
41
133
1
1
1
1
1
133
I
15
14
25
19
30 B
50
1
165
Section
Page
((
Mortgagee"
Mortgages (see Recording of mortgages):
Investigation of___.
Vessels not to be mortgaged to foreigners without ap-
proval. -
Transferee must file declaration as to citizenship, etc.,
collector of customs..
Of vessels to foreigners must be approved by board...
Ship mortgage act, 1920..
Definition of terms-
"Document"
"Documented"
"Port of documentation'
"Vessels of the United States"
Recording of ship sales, conveyances, etc.
I
1
1
1
12
10, 11
37
22
40
24
9
8
30
50
30 B
50
30 B
50
30 B
50
30 B
50
30 B
50
30 C
51
Recording of ship mortgages….
30 C
51
Method of recording-
30 C
51
Preferred mortgages_
30 C
51
Preferred mortgage not to include other than ship
mortgages
30 C
51
Requirements of mortgage to give preferred status
30 D
51
Mortgage is indorsed on ship's documents_
30 D
51
Mortgage is recorded___.
Mortgagee does not waive preferred status
Citizen of United States_
Preferred mortgage__
Indorsements on documents of vessel
Collector of customs to make indorsements.
Vessel not to clear until documents indorsed
Mortgage covering other property than vessel.
Mortgages covering more than one vessel
Copies of mortgages to be posted and exhibited.
Notice of mortgages, liens, etc.
Collector of customs to record liens._
Mortgagor to disclose prior liens, mortgages, etc
No new liens or mortgages to be made until mortgages
recorded.
Exceptions
I
I
|
1
30
D
51
30 D
51
30 D
51
30 D
€
51
30 D
51
30 D
51
30 D
51
30 D
I
51
30 D
I
51
30 E
I
F
52
1
1
1
30 F
1
53
1
1
1
I
30 G
53
30 F
1
53
30 F
Discharge of lien..
1 1
30 F
I
30 G
Discharge of mortgage.
-
30 G
Interest in vessel sold, mortgaged, conveyed, etc., to
be recorded..
www
cr cr or ot
53
53
53
53
30 H
53
Acknowledgement of sales, mortgages, etc.
Record of vessel at new port documentation_
Interest of preferred mortgages - - --
Collector of customs to keep open to inspection and
furnish copies of records, etc..
Fees
Penalties
Foreclosure of preferred mortgages
Preferred mortgage to constitute maritime lien_
Enforceable by suit in rem in admiralty-
District courts to have jurisdiction_.
Notice of suit.
Penalty for failure to give notice_
Suits in personam_
Appointment of receivers and operation of vessels by-
Marshal may take possession of vessel..
Preferred maritime lien defined.
Liens to be liquidated in foreclosure proceedings
Sale by foreclosure to give title clear of liens.
Preferred mortgages to rank maritime liens except
Action in personam to enforce mortgages _ _
30 H
1
1
53
30 H
53
30 H
53
1
30 I
54
30 L
I
I
1
I
1
56
30 J
1
1
54
30 K
55
c30 K
30 K
30 K
1
LO LO LO
55
55
55
}
30 K
55
30 K
55
1
I
30 K
55
30 L
1
56
30 L
1
1
1
56
30 M
1
56
1
I
I
30 M
!
56
30 M
56
30 M
56
30 N
56
166
Mortgages-Continued.
Mortgage on property other than vessels not enforce-
Section
Page
able in rem.
30 N
Transfer of mortgaged vessel..
30 O
LO LO
56
56
Board to approve surrender of documents of mort-
gaged vessel.
30 O
57
Assignment of vessel mortgages_
30 O
57
Mortgages to rank forfeiture proceedings by United
States.
30 O
57
Sale by suit in rem in admiralty to give title clear of
liens
30 O
57
New mortgage on sale of vessel.
30 O
57
Rights under mortgage not to be assigned to foreigners-
30 O
57
Courts not to sell vessels to foreigners..
30 O
57
Maritime liens for necessaries_____
30 P
57
Not necessary that credit be given to vessel.
Persons authorized to create_.
30 P
57
1
30 Q
57
Charterer's agents may create_
Preferred status of mortgages, liens, etc., may be
waived__
Act not to affect law relating to advances
Laches__
Right to proceed in personam
Priorities between maritime liens unaffected.
30 R
58
1
30 S
58
1
I
I
}
30 S
58
30 S
58
1
30 S
58
30 S
58
State statutes conferring liens for repairs necessary,
superseded.
30 T
Existing mortgages unaffected_
30 U
88888
58
58
Commerce Department to furnish blank books, rec-
ords, etc...
30 V
58
Commerce Department to make rules and regulations
for enforcement_.
30 W
58.
Prior Federal lien act repealed _ _
30 X
58
Lien act to be construed as reenactment of prior acts
where not inconsistent_ _
30 X
59
Motor vessels, charter of, over 250 tons must be approved
during war.
124
Mutilating reports, memoranda, etc., filed with board,
penalty for
21
17, 18
Municipalities, property of, exempt from requisitioning title.
13
123
N
National defense, merchant marine necessary for
National emergency:
Proclamation declaring, in water transportation_
Declaring policy of having Naval Auxiliary during.
Naval architects, exempt from civil service__
Naval Auxiliary:
Providing merchant marine to serve as.
Vessels of board to be…____
1
30
1
J
1
26, 27, 28
1
+4
1
30
5
1
30
5
6
Declaring policy of having a merchant marine to serve
as_
1
30
Vessels constructed under merchant marine act 1928
must be classed for use as_
405
67, 68
Naval officers, detail of, to duties under board..
May volunteer for service in merchant marine.
4
5
410
70
Naval purposes, taking of vessels for.
10
9
Naval service, vessels in, exempt from merchant marine
act, 1920__.
4
33
Navigation laws:
Board to recommend to Congress changes in.
To be investigated..
Shipping Board vessels subject to..
12
"
1 1
10, 11
12
10, 11
9
81
167
Section
Page
Navy Department:
Secretary to appoint board of survey for German ves-
sels__
Board not to requisition terminal facilities of
Docks, piers, warehouses, wharves, and terminal facil-
ities over to board by President_
Sale of prohibited..
President may transfer docks, piers, warehouses,
wharves, and terminal facilities from board to_.
Sale prohibited.
Vessels under, exempt from merchant marine act, 1920_
Necessaries, lien for, may be waived..
Net income:
Vessels engaged in foreign commerce exempt from
paying war excess-profits tax on
Proceeds from sale exempt from..
New proceeds to be covered into Treasury for construction,
requisitioning, or purchasing of vessels-
Net revenue, board may create insurance fund from.
Norfolk Army Supply Base_.
North German Lloyd Dock Co.:
Port facilities of, turned over to board.
1
92
125
17
42
17
42
17
17
4
30 S
4435
42
42
33
58
223∞
23
47
23
47
14
41
10
36
107
17
42
17
42
95
t
J
95
I
95
10
9
Public notice to be given if vessels offered for sale, etc___
11
9
Sale of prohibited_
Act taking over port facilities of
Proclamation taking title to---
Proclamation fixing just compensation_
Notice:
Taking of vessels with and without_
1
1
I
1
F
1
1
Oaths, board to have power to administer.
27
20
Ocean freight rates, Executive order delegating powers
relating to...
125
Ocean mail service:
Board to establish new rates adequate for Postal Mail
Service_
7
34
Mails to be carried on American-built and documented
vessels__
Contracts for carrying, not to be sublet to foreigners__
Board and Postmaster General authorized to fix com-
pensation___
22
24
47
24
47
24
47
Postmaster General authorized to contract for carry-
ing on American vessels___
24
47
Postmaster Gencral may contract for carrying mail
on new routes..
7
34
Postmaster General to certify to board the necessary
route for
403
67
-
Board to certify to Postmaster General type of vessels
to be used in.
403
67
Authority to make contract for.
404
67
Qualification of vessels for_-_
405
I
I
67, 68
Officers of vessels in, to be American citizens.
One-half of crew in, must be American citizens.
Advertising for bids on contracts in.
Awarding contracts for
Classification of vessels in__
Compensation under contracts for
Violation of contracts for...
Passengers on vessels in
Freight on vessels in
Express on vessels in.
405
67, 68
405
67, 68
406
68
407
68
408
1
69
409
69
410
70
1
411
70
1
I
I
411
1
1
I
1
411
2222
70
70
168

Section
Page
Ocean mail service-Continued.
Naval officers may volunteer to serve in.
Mail messengers on vessels in
Scope of title_
Ocean tramp:
Defined
Not a common carrier by water.
1
I
}
1
I
I
I
1
1
Offering of vessels for sale, public notice to be given of___
Officers, war-risk insurance extended to, of foreign vessels
under United States control..
Operating capital:
Funds for, not covered into the Treasury
Board may set aside construction loan fund from……
Operation of vessels:
Under shipping act-
Board not empowered to-
Board not empowered to, repealed.
By corporation formed by board.
Only on failure of private capital_
Report on, to be made to Congress-
To cease five years after close of war_
Under emergency shipping act and other—
1
I
J
J
T
1
Of ships, plants, etc., by United States, authorized.
Authority delegated to board_.
May redelegate to its corporation_
German vessels.
Austrian vessels.
Enemy ---
1
f
1
I
T
1
1
Vessels acquired under rate emergency law to be
operated as President may direct..
Under merchant marine act-
Declaring policy of having ships operated by
private citizens..
By board authorized__
By board on new rates, authorized_
By charterers, authorized..
Į
1
Emergency Fleet Corporation authorized to
Island possessions authorized_
Philippines, authorized__.
1
Net proceeds from, to be covered into Treasury
Preference, to be given to citizens of United
States on new rates___
Orders of board:
As evidence in suits for their enforcement.
Enforcement of_
For payment of money
For enforcement of reasonable rates_
How long in force..
Modification of_.
1
1
1 1
I
I
1
1
412
70, 71
413
71
401
66
1
1
1
1
1
11
9
128
14
41
11
137
11
9
7
7
11
9
11
9
12
10
11
10
1
115
1
1
119
119
1
93
93
93
15
123
1272222
30
41
35
40
40
46
46
to be used for constructing, requisitioning, or
purchasing of vessels...
14
41
7
35
20
17
29, 30
20, 21
30
20, 21
18
16
23
18
25
19
25
19
25
19
23
19
29, 30
20, 21
25
19
Time limit for bringing suits for
30
20, 21
President empowered to place, for ships or materials_
Compliance with, obligatory--
1
115
2
116
Priority to be given to, placed under authority of this
act.
2
116
Note.
Reversal of..
Suspension of
1 1
To be made only after full
hearing-
Violations of..
Stay of order, rehearing to operate as.
T
1
I
1
F
1
+
169
Section
Page
Owner pro hac vice:
May create liens on vessels
Agents of, may create liens….
Exceptions..
Р
1
1
I
1
I
1
1
1
1
1
1
I
1
1
1
Packing property for transportation, practice connected
with, to be just and reasonable..
Panama Canal bonds:
Amount of, authorized_.
Date of payment of
Issuance of, authorized
I
|
I
Proceeds of, permanently appropriated.
Proceeds to be covered into Treasury_
1
1
1
I
1
1
I
1
30 R
30 R
30 R
58
∞ ∞ ∞
58
LO LO LO
58
18
16
13
11
13
11
13
11
13
13
ww
11
11
•
Panama Canal Zone, courts in, to have jurisdiction of
offenses under rate emergency act_
16
122
1
6
6
1
75
Panama Railroad Co., transfer of vessels of, to board.
Not subject to suits in admiralty act_.
Panama Railroad Steamship Co. given right to
ken piers-
Partnerships:
Included in term "person"
To which act applies enumerated.
When deemed citizen_
1
1
1
use Hobo-
Passage money, war-risk insurance authorized to pay
+
1
1
1
Passenger traffic, agreements limiting or regulating must
be filed
Passengers:
Board authorized to issue permits to foreign vessels
for carrying from Hawaii to United States.
I
1
103
112
1
1
2
128
15
14
22
46
Cargo vessels may carry 16…….
26
48
Not exempted from laws relating to life-saving equip-
ment__
26
48
Passengers to be notified of dangers
26
48
Privilege extended to vessels of foreign nations which
reciprocate
26
48
Penalty-
26
48
Common carriers not to give through reduced rates
with common carriers by water in foreign commerce
unless property or passengers are carried on Amer-
ican vessels__
Investigation of facilities for transfer of, at water ter-
minals
Payments. (See Sale of vessels.)
Payments on mortgages:
28
49
8
35
Covering other property than vessels to be indorsed on
Payments on mortgages covering other vessels to be
indorsed on.
30 D
51
30 D
51
Discharge of preferred mortgage to be indorsed on..
Vessel to be denied clearance until such discharge is
indorsed
30 D
51
30 D
51
Penalties:
Under shipping act―
For transferring of vessels in violation of section 9-
For charging higher rates than those prescribed
by board
9
8
32
21
For charging rates prejudicial to American ex-
porter_
For destroying reports, memoranda, etc.
32
32
21
21
17
For discriminating...
14
12
For discriminating by carrier in foreign commerce_
For failure to file agreements.-
32
21
15
14
170
1
Section
Page
Penalties Continued.
Under shipping act-Continued.
For failure to file reports, memoranda, rates, etc.,
when required by board..
For giving deferred rebates -
For giving undue preferences or advantages_
For influencing marine insurance companies to
discriminate
For mutilating a report, memorandum, etc.
For permitting lower rates to be obtained by un-
fair devices_.
For refusal to accept cargo_
I
For subjecting to undue prejudice or disadvan-
tage_
For retaliating-
For use of "fighting ship'
General penalty section_
I
1 1
1
1
I
2223
21
14
32
222
17
12
21
22222
32
21
21
32
20
36
21
29 22
17
32
21
14
I
14
32
21
For transferring vessels, yards, etc., to foreign
control under section 37..
37
2222 2
12
12
22
For making false statement to secure board's ap-
proval.
41
25
For violating condition when board approves
transactions conditionally--
41
25
For making false statement in declaration with
bills of sale, mortgages, hypothecations, etc____
For violating rate-emergency act_
40
24
16
123
Under merchant marine act-
Emergency shipping legislation, penalties under,
not affected by repeal___
2
30
For failure to notify passengers of danger aboard
cargo vessels..
26
48
Under emergency shipping legislation, not extin-
guished by repeal..
Under ship mortgage act.
30
28
NOO
2
8820
30
50
20
Perjury, prosecution for, committed in testifying-
Permits:
Board authorized to issue to foreign vessels for carry-
ing passengers from Hawaii to United States___
Authorizing foreign vessels to engage in coastwise trade
Preference to be given vessels owned by United States
citizens...
"Person":
Definition of term in shipping act_
Associations, etc., included in term.
1
I
Definition of term in emergency shipping act, repealed_
Definition of term in rate emergency act..
Definition of term in housing law.
I
}
1
Į
22
46
128
128
1
1
1
1
5
115
1
120
126
37
61
703
73, 74
1
1
Defined in merchant marine act_
I
I
Defined in merchant marine act, 1928__
"Persons subject to act" enumerated.
Personal injuries:
Seamen given right of action at law with trial by jury
for...
33
60
Acts relating to personal injury of railway employees
extended to seamen.
33
60
Suits to be in district where defendant resides.
Personam, suits in, against the United States authorized _ .
Philippine Islands:
33
60
2
75
Coastwise laws extended to___
21
46
Not to take effect until President declares adequate
shipping service to exist.
21
46
Government of, authorized to make rules and regula-
tions governing shipping----
21
46
171

Piers:
1
I
Included within term "plant"
Executive order delegating authority to board to regu-
late rate, priority, etc..
Regulation of rates, priority, in use of, etc.
German port facilities turned over to board.
German, seizure of.
Investigation of necessity for improvement_
Sale of, authorized..
י .
Under War or Navy Department may be turned over
to board by President..
Sale of, prohibited_
Hoboken Piers_ _ _ _
Plant:
Definition of term in emergency shipping act_
Requisition of, authorized_
May acquire, construct, establish, etc.
Sale of, authorized_
Insurance of..
Board and fleet authorized to dispose of.
!
Policy, declaration of, to have adequate merchant marine_
Reaffirmation of..
Pooling agreements:
To be filed with the board__
May be approved or disapproved---
Port and harbor facilities (see German port facilities):
May lease or requisition during emergency-
May prescribe rates, terms, and conditions for use of,
during emergency
Priority in use of, during emergency-
1
1
Under War or Navy Department may be turned over
to board by President_
Sale of, prohibited.
President may transfer docks, piers, warehouses,
wharves, and terminal facilities from board to War
or Navy Department_.
Sale of, prohibited__
German, turned over to board_
Sale of, prohibited..
Port of documentation:
1
រ
I
I
I
I
Bills of sale, mortgages, conveyances, etc., to be re-
corded in
Maritime liens may be recorded at
Mortgages, bills of sale, liens, etc., not to be recorded
at new port of documentation unless record of
former port is furnished___
Mortgages to be indorsed on ship's documents in
Notice of discharge of mortgage to be filed in
1
1
1
I
t
Section
Page
1
1
8
116
125
12
122
17
42
95
8
35
13
∞
41
17
42
17
42
2235
104
8
116
1
115
1
115
13
41
10
1 36
131
1
30
704
74
15
15
==
LO LO
14
14
13
123
12
12
22
77
122
122
17
42
17
42
17
17
77
17
17
****
42
42
42
42
30 C
51
I
30 G
53
30 H
30 D
30 G
3583
53
51
53
Term in ship mortgage act means port at which vessel
is documented, etc..
30 B
51
Ports:
Investigation of improvements in respect to foreign
and coastwise trade__
Investigation of water-borne commerce with respect
to territorial region and zones with object of de-
veloping..
-
Investigation to determine causes of congestion_
Home port..
Possession:
Executive order delegating to board authority to take
over vessels..
May redelegate to its corporations.
Of German and other enemy vessels_
1
I
May requisition temporary possession of vessels-
Possessions of United States, coastwise laws extended to.
1 Note.
--
8
35
∞∞
8
8
I
337
35
35
79
1
1
1
I
1
119
119
1
|
T
1
119
11
122
21
46
172
Postal Service (see Ocean mail service):
Board to establish new routes for...
Postmaster General may contract for carrying mail on
new routes__
Post Office Department (see Ocean mail service):
Mails to be carried on American documented and
built vessels-
Postmaster General and board to fix compensation for
Postmaster General authorized to enter into contracts
for....
Preamble, merchant marine act, 1920-
Practice of common carriers must be just and reasonable_-
Preferences, giving of undue or unreasonable, unlawful.
Penalty for
Preferential rates:
Common carriers prohibited giving reduced joint
through rates with common carriers by water unless
property or passengers are carried in American
vessels
Interstate Commerce Commission may suspend this
provision__
Preferred maritime liens (see Maritime liens) defined.
Preferred mortgage (see Mortgages):
Defined_
Requirements for..
Prejudice, subjecting to undue or unreasonable
Penalty for..
1
1
1
|
Premiums and bonuses authorized in construction of house
for shipyard employees. -
President (see also Executive orders and proclamations):
Approval of, necessary to sell stock of corporation_.
Existence of national emergency to be proclaimed by--
Report to Congress failure to secure equal privileges
for American vessels.
Shipping Board to be appointed by.
Taking of vessels by..
To approve acquisition of vessels, repealed.
To approve disposal of vessels, repealed.
To secure equal privileges for American vessels.
When United States at war to be proclaimed by.
11
1
I
I
I
Board to exercise authority previously conferred on
President in settling matters under emergency ship-
ping legislation_.
Authorized to take over German port facilities.
May extend period when coastwise laws shall extend
to island possessions and Philippines-
May transfer docks, piers, warehouses, wharves, and
terminal under War or Navy Department to board__
Sale of prohibited- - -
Rules and regulations of Government departments re-
lating to shipping may be submitted to for approval
May annul or suspend---
To give notice of termination of treaties restricting
right to import discriminating custom duties or ton-
nage taxes
Section
Page
7
34
7
34
22
24
24
44
47
47
24
47
1
30
18
16
16
15
32
21
28
49
28
30 M
399
49
56
30 D
51
30 D
· 51
16
15
32
21
130
11
9
9, 37
8, 22
26
19
2
2
10
9
5
6
7
7
26
19
37
22
2
30
95
21
46
17
42
17
19
19
22
**
42
43
43
34
60
Ships and shipping property acquired through, turned
over to board_
4
33
Vessels required by other department in opinion of,
not turned over to board..
4
33
Presenting property for transportation, practice connected
with, to be just and reasonable.
18
16
Price of vessels. (See Sale of vessels.)
173
Section
Page
Priority:
To be given to orders placed under emergency fleet
shipping act__.
In transportation and service during emergency,
repealed...
In use of dry docks, wharves, lighterage, warehouses,
terminal facilities, etc..
Priority between maritime liens:
Preferred mortgages created.
Preferred maritime lien created
Preferred maritime liens to rank preferred mortgages--
Mortgages to take precedence over forfeiture proceed-
ings__
2
93
7
85
12
121
30 D
51
30 M
56
30 M
56
30 O
Priority between preferred maritime liens unaffected_.
Priority between other maritime liens, etc., unaffected_
Priorities may be waived__
30 O
30 S
30 S
LO LO LO LO
56
56
58
58
Private vessels:
Board vessels not to be given preference over, by rules
and regulations.
19
43, 44
Immune from seizure or arrest for acts committed in
Government service.
4
76
Suits in personam against United States for acts com-
mitted in Government service authorized___
Procedure:
Board may prescribe rules of..
In suits to enforce orders__
4
76
3
3
1
29, 30, 31
20, 21
In United States courts to be same as that prescribed
for Interstate Commerce Commission_
31
21
On complaint of violation of act…….
22, 23
18
18-21
ww
3
3
76
22
76
Sections relative to, 22, 23, 24, 25, 27, 28, 29, 30, 31
Under suits in admiralty act, same as in case of private
suits_
Proceedings, board may employ attorneys for….
Proceeds (see also Compilation of appropriation laws):
To be covered into Treasury of United States-
Of bonds__
Of charters-
Of leases_
Of sales of vessels_
Of shares of stock_
Permanently appropriated_
T
1
}
I
1
I
I
1
I
1
}
t
1
1
Permanently appropriated to carry out purposes of
various shipping acts...
From sale of timber and lands reappropriated_
For constructing, requisitioning, or purchasing of
vessels
Process, legal, disclosure of information on..
Proclamations (see also Executive orders):
Declaring an emergency to exist in water transporta-
tion under section 9__
Declaring an emergency to exist in water transporta-
tion under section 37...
Authorizing board to exercise powers relative to the
charter of vessels.
President to issue when emergency ends.
To be issued extending coastwise laws to Philippines__
Property:
Board authorized to sell all property turned over to it_
Common carriers not to give through reduced rates
with common carriers by water in foreign commerce
unless property or passengers are carried on Ameri-
can vessels..
46209°-29——12
1
រ
}
13
13
ww
11
11
13
11
13
11
13
11
13
11
15
123
130
14
41
20
17
26
1
27
1
124
43
25
21
46
13
41
28
49, 50
174

Property-Continued.
Investigation of facilities for handling at water
terminals___
Net proceeds from sale of, to be covered into Treasury
for constructing, requisitioning, or purchasing of
vessels
Proportional rates, common carriers not to give reduced
through proportional rates with common carriers by
water unless property or passengers are carried on
American vessels.
Prosecutions:
On evidence given in obedience to subpoena..
For perjury committed in testifying..
Protective and indemnity insurance on vessels purchased
from board….
Public Health Service, rules and regulations relating to
shipping need not be approved by board.
Public notice to be given of offering of vessels for sale,
charter, etc. - -
Publication of reports of investigations, hearings, etc.
Public vessels (see Suits in admiralty act):
1
Section
Page
8
35, 36
14
12
28
49, 50
28
28
20
20
20
9
36
19
43
11
9
24
19
Arbitration, compromise settlement, etc., of claims
against...
Authorized to collect salvage.
Suits for...
I
Awards to be covered into Treasury to board's credit_
Foreign-built, authorized to engage in coastwise trade_
Immune from arrest or seizure_
-
Not to be given preference over private vessels by rules
and regulations..
Steamboat-inspection laws extended to.
Vessels acquired by or from board may engage in coast-
wise trade via foreign port____
War Department not to pay charter hire for, during
fiscal year ended June 30, 1919_
Purchase agreement. (See Sale of vessels.)
Purchase (see also Vessels and Compilation of appropria-
tion acts):
Vessels, repealed. -
Of ships, charters, etc.-
Order delegating to Emergency Fleet authority to pur-
chase vessels.
Order delegating authority to board to purchase ves-
sels_
Board may redelegate authority to Emergency Fleet_
Lands for housing shipyard employees-
Purchase price:
Deferred payments limited to 10 years in sale of ves-
sels to foreigners_
Interest charged to foreigners on vessels..
Sale of vessels to be taken into consideration in
1
1
1
1
1
I
1
10
10
10
-2002-
9
78
78
78
78
46
75
19
43
114
27
49
15
42
51
I
6
115
119
119
119
126
6
34
6
LO
5
ww
34
33
(Sec Sale of vessels)
5
33
By aliens, authorized_
6
34
Net proceeds covered into Treasury may be used for..
14
41
Purchase of vessels:
Qualifications of commissioners.
Of vessels._.
R
1
1
1
1
Railroad Administration, Executive order not to draw
powers from..
3
3
405
67
125
175
Railroads:
Terminal-
May prescribe rates, terms, and conditions for use
of during war
-
Priority in use of during war.
May lease by requisition during war.
To be operated as President may direct during
war.
Investigation to coordinate water and rail trans-
portation__
Section
Page
223
122
122
122
15
123
8
35
Not to give through reduced rates with common
carriers by water engaged in foreign commerce
unless property or passengers are carried on
American vessels..
28
49, 50
Interstate Commerce Commission may suspend
this provision-
28
49, 50
Railway employees, laws relating to damages for death or
personal injury of, extended to seamen_
33
60
Railways, street, sale of, authorized_
13
41
Rank.
(See Priority of maritime liens.)
Rate emergency act:
Rates:
Contracts and rights under, to be carried out
Repeal of..
22
380
30
30
Under shipping act—
Agreements relative to, to be filed with board___
Filing of, may be required of all subject to act__
Of carriers in foreign commerce-
21
22
15
14
17, 18
Must not be unjustly discriminatory.
17
15, 16
Nor prejudicial to American exporter-
17
15, 16
Of carriers in interstate commerce-
Must be filed with board..
18
16
Must not be increased without consent of
board_
18
Maximum, may be established by board_
Must be just and reasonable_
18
18
Must be kept open to public inspection
Obtaining reduced, by unfair device unlawful_
18
16
∞∞∞∞∞
16
16
16
16
16
Reduced to drive out competitior may not
be increased _ _
19
17
Unjust or unreasonable, may be ordered dis-
continued..
18
16
Under rate emergency act—
Charter rates must be approved during war, re-
pealed
LO
5
121
Order authorizing board to approve
124
President to approve before foreign vessel can be
chartered_-
10
122
President may prescribe for use of dry docks, wharves,
lighterage, terminal facilities, etc.
12
122
Under merchant marine act-
Executive order delegating powers relating to ocean
freight rates.
Board to investigate effect of rates of common
carriers by rail on improvement of port facilities.
Common carriers prohibited from giving reduced
through rates with common carriers by water
unless property or passenger are carried on
American vessels_
125
8
35
28
To be reasonable with island possessions and
Philippines - -
49, 50
21
Under interstate commerce act.
Schedule of (see Schedules)
-
I
8855
46
90
90
176
Section
1
1
1
1
1
Page
130
1
1
130
13
41
14
14
1227
44
[
Real estate:
May be condemned for timber_
Sale of, after timber cut___
Sale of, authorized _ _ _
Rebates:
Defined
Giving of, prohibited_
1
1
Į
I
}
1
1
1
1
I
1
}
1
I
T
1
1
1
1
1
Companies discriminating against American vessels
by use of rebates between foreign ports to be denied
entry into United States ports__
Receiving property, practices connected with to be just
and reasonable.
15
14
17
15, 16
Receivers, when subject to act.
1
1
Receipts:
Issuance of, by carriers, etc.
From sale, charter, etc., of vessels to be covered into
Treasury
13
11, 12
18
16
To be reported by board to Congress.
12
10, 11
Receiving information relative to shipments forbidden_
Recommendations of board:
Relative to discriminations by foreign governments--
Relative to amending navigation laws……-
Relative to means of developing American merchant
marine--
Reconditioning of vessels, authorized
Recording of bills of sale:
Required.
To be recorded in order of their reception_
Indexing requirements _ _
Recording of mortgages:
Required...
To be recorded in order of their reception_
Requirements for preferred mortgage—
Indexing._
Indorsement on vessels documents.
20
17
26
19
12
10, 11
122
10, 11
40
30 C
I
1
1
1
1
1
30 C
30 C
t
1
30 C
1
[
1
1
I
1
1
1
$
.1
1
30 C
DDD DO
51
51
51
51
51
30 C
51
J
30 D
51
1
1
1
Time and date..
30 D
T
51
Affidavits that no intent to defraud creditors, etc.
30 D
51
Mortgage does not state that mortgagee waives
preferred status_ _
Mortgagee is a citizen of United States.
Indorsements on documents_
Time and date of indorsement.
Amount and date of maturity
Other property covered by mortgage.
Other vessels covered by mortgage.
Collector of customs to make indorsements__
30 D
51
30
D
51
. E
I
1
30 D
51
I
30 D
51
30 D
51
រ
1
30 D
51
30 D
51
30 D
51
Payments on mortgages covering other property to be
indorsed__
30 D
51
Payments on mortgages covering other vessels to be
indorsed
30 D
51
Collector of customs to deliver certified copies of pre-
ferred mortgages to mortgagor-
30 E
52
Discharge of liens to be recorded_
Copy to be placed aboard vessel.
Exhibition of, by master_ .
Mortgagor not to create any maritime liens after
execution of mortgage but before recording
Exceptions--
Collector of customs to record liens on mortgaged
vessels ___
Discharge of mortgages to be indorsed and recorded__
On discharge of mortgage indebtedness, vessel not to
clear until documents are indorsed__
រ
J
1
1
1
30 E
30 E
52
NNN
52
30 F
30 F
LO LO
53
53
80 G
53
30 G
53
30 G
53
30 G
53
177

Section
Page
Recording of mortgages-Continued.
Copies of mortgages, liens, bills of sale, etc., to be fur-
nished by collector of customs.
Fees for copies of records..
Penalties__
Repeals of prior ship mortgage recording acts-
Records, reasons for sale of vessels to aliens to be spread on
records of board...
Refusal:
Mortgages not to be recorded unless interest of parties
stated
30 H
53
Must be acknowledged_
30 H
53
Recording at new port of documentation
30 H
53
Inspection of __
30 I
54
Certificate of encumbrances to be furnished by collec-
tor of customs.
30 I
54
30
I
54
30⚫ I
1
54
30 J
1
1
54
30 X
58
6
34
14
1
12
36
22
36
22
2
116
30 B
50
1
1
1
1
1
8
9
1
8
1
1
9, 37
8, 22
26, 27
42
25
30 B
50
Of space accommodations by way of retaliation_
Of clearance.
To accept cargo, penalty for..
To comply with orders, plants, etc., may be seized for.
Registered (see Documented), term "documented" to in-
clude in ship mortgage act__
Registered vessels included in documented.
Registry:
Admission of foreign-built vessels to American_
Of vessels acquired from board_-
Transfer of vessels to foreign___
Proclamation declaring an emergency in transfer of
vessels to foreign__
Vessels to be considered documented until registry is
canceled by board_
Term "document" to include in ship mortgage act….
Registry of vessels, Philippine government authorized to
make rules and regulations governing shipping until ad-
mitted to United States registry.
Regulations:
Board may prescribe just and reasonable_
Connected with receiving, etc., of property-
Regarding chartering of vessel.
See Rules and regulations.
I
1
1
I
1
1
1
Board to make, for carrying out purposes of merchant
marine act_
Regular rates, obtaining less than, by unfair devices_
Penalty for __
Regulatory powers, emergency, repeal of..
Rehearing:
May be allowed by board..
To operate as suspension of order
I
1
1
1
Reimbursement by War and Navy Departments for ves-
sels turned over to them..
21
46
18
16
17
15, 16
9
8
19
43
16
15
32
21
2
30
22
25
25
Οι ο
19
19
11
116
For injuries caused by violation of the act….
For injuries caused by violation of an order.
On order for payment of money-
30
Removal of causes, action of, under suits in admiralty act.-
Repair of houses, funds may be expended for, notwith-
228°
18
29
20
20, 21
2
75
standing repeal of act___
16
42
Remedies:
Repair of vessels:
Board authorized to repair German and other enemy
vessels
Eight-hour laws suspended in connection with.
Authorized__
Under merchant marine act, 1928-
1
1
1
1
1
J
1
92
130
12
40
202
63
178

Repairs:
Section
Page
30 S
58
30 P
58
30 P
57
3223
30
20, 21
18
16
2
203
2883
42
30
63
22222
12
78
21
17, 18
24
19
21
17, 18
21
17, 18
21
17, 18
12
10, 11
11
9
12
10, 11
26
19
12
10, 11
127
127
1
Furnisher of, may waive lien__
Furnishing of, to constitute maritime lien on vessels--
Persons who may create lien___
Reparation:
Award of, joinder of parties in suit to enforce-
Of injuries caused by violation of act---
Repeal of acts, law providing for housing shipyard em-
ployees.
Repeal of emergency shipping legislation__
Replacement of vessels.
Reports:
1
Board to make, of arbitration awards, settlement of
claims, etc., under suits in admiralty act_
Altering of....
As evidence.
Destruction of report filed.
Falsifying of__
Filing of, may be required by board.
Of expenditures_
Of failure to lease or charter vessels.
Of receipts..
On discrimination by foreign governments.
On status of vessel mortgage loans.
11
1
!!
}
1
I
t
I
1
To be made to Congress on expenditures under housing
law..
To be made to Congress on contracts let under housing
law__
Emergency Fleet Corporation to make, of arbitration
awards, settlements, etc., under suits in admiralty
act_
Requisitioning (see also Commandeering and Seizure):
Under emergency shipping act-
Of ships.--
Of contracts for ships and material.
Of manufacturing plants, etc……….
1.
(See separate compilation of appropriation acts.)
Order delegating authority to board to requisition
ships...
1
1
1
I
May redelegate authority to its corporations_
Order delegating authority to requisition vessels
in course of construction___
Under rate emergency act~
Temporary use of vessels may be requisitioned___
Immediate possession may be taken of property
May requisition dry docks, wharves, terminals
facilities, etc., during war__
Just compensation to be made for dry docks, ter-
minal facilities, etc., taken over.
Powers to cease on proclamation of peace.
Under housing law-
Houses for shipyard employees..
Lands for houses__
Consent of State legislature not necessary
Immediate possession may be taken of houses
and land for shipyard employees--
Under merchant marine act, 1920-
1
1
1
12
78
1
115
1
115
1
115
119
119
L
1
1
119
11
122
13
123
13
123
13
123
127
[
I
1
126
1
126
!
F
1
127
127
Board authorized to, under merchant marine act._.
Net proceeds covered into Treasury may be used
for..
14
41
14
Repeal of..
Under merchant marine act, 1928-
President authorized to, by proclamation___
42
41
30
702
73
179
Retaliation, companies discriminating against American
vessels by, to be denied entrance into United States ports.
Retaliation against shippers, unlawful.
Revenue, board may create insurance fund from..
Revenue act:
Vessels engaged in foreign commerce exempt from war
and excess-profits tax..
Proceeds from sale exempt from..
Reversal of orders...
Risks of war. (See War-risk insurance.)
Rivers:
Shipping act not to apply to navigation on-
Rate emergency act not to apply to navigation on..
Investigation of improvements in respect to foreign
and coastwise trade.
Rivers and harbors, vessels engaged in improving, exempt
from merchant marine act, 1920.
Routes:
Board to establish new.
Preference to be given established lines on new..
Rules and regulations to govern on, in foreign trade_
Rules of procedure, board may adopt.-
Rules and regulations:
1
1
President may prescribe, in operation of vessels, re-
pealed...
Section
Page
15
14
127
10
36, 37
222
23
23
25
or ww
+4
47
47
18
15
15
1
123
8
35
4
33
77
193
19
34
34
43
3, 4
May be prescribed for use of terminal facilities.
Board to make, in regard to exemption of war and
excess-profits taxes.
12
72
121
122
23
47
For chartering vessels to foreigners.
9
8
Board to make for carrying out purposes of merchant
marine act_
19
43, 44
Affecting shipping in foreign trade.
19
43, 44
To meet unfavorable conditions in foreign trade__
Board may request departments to suspend,
modify, or annul, when affecting shipping---
Board or President to approve those made by
other departments relating to shipping--
Public Health, Consular, and Steamboat-Inspec-
tion Services excepted_
19
43, 44
19
43, 44
19
43, 44
19
43, 44
On disagreement between board and department
over, shall be referred to President.
19
43, 44
President authorized to make, suspend, or annul..
Board vessels not to be given preference in, over
private vessels _ _
19
43, 44
19
43, 44
S
Safety of passengers; cargo vessels carrying passengers shall
notify them of dangerous conditions about vessel...
Sailing vessels (see also Vessels and Ships), charter of, of 50
tons or over, must be approved----
26
48, 49
124
15
14
7
Sailings:
Agreements restricting or regulating-
Frequency and regularity on new routes.
Salaries:
Of commissioners...
Of other employees..
Of secretary.
1
1
I
1
I
1
1
1
1
Representatives on American Bureau of Shipping not
allowed.
Sale, bills of, recorded at home port of new document_.
Sale of houses, acquired under housing law, authorized_
Sale of materials, authorized..
Sale of plants, authorized..
I
1
1
444
www
ww
7
33
33
33
25
48
2
79
16
42
131
1
>
131
180
Section
Page
Sale of property:
Board authorized to sell all property turned over to it--
Net proceeds to be covered into Treasury for construct-
ing, requisitioning, or purchasing of vessels_
Sale of stock:
In corporations organized by board..
Proceeds of, permanently appropriated_
Proceeds of, to be covered into Treasury
Sale of vessels (see Recording of bills of sale):
Approval of board necessary to-
By the board, repealed--
Competitive offering required!
During war or national emergency.
1 1
1
Proceeds of sale to, to be covered into Treasury.
Proceeds of sale of, permanently appropriated -
Public notice to be given of intended-
To foreigners restricted___
Unfit for service, repealed.
To foreigners to be approved by board
Board to develop merchant marine by
Board directed to sell all vessels.
German vessels, authorized.
Austrian vessels, authorized….
I
1
1
I
}
T
1
1
1
1
1
1
1
13
41
14
41, 42
11
9, 10
13
11, 12
13
11, 12
9, 37, 11
27, 8, 22
7
7
11
9, 10
37
22
13
11, 12
13
11, 12
11
9, 10
9, 37
8, 22
8
238
5
1 LO LO LO
I
37
22
30
33
33
33
7203
I
|
1
1
1
1
1
Net proceeds from, to be covered into Treasury to be
used for constructing, requisitioning, or purchase of
vessels.
Affirmative vote of five members of board necessary
for.
Preference to be given to citizens of United States on
new routes _
Conditions
Construction loan fund-
1
Cost of construction of similar types to be taken into
consideration _ _
Cost to be taken into consideration in.
Cost, not to be sold at less than, at time of sale
Purchase price to be taken into consideration_
Deferred payments. -
Depreciation allowed on, at usual rates-
1
1
1
}
1
Domestic and foreign market price to be taken into
consideration _ _
Supply and demand to be taken into consideration
Terms-
Vessels sold subject to restrictions of section 9 of
shipping act_
Freight to be taken into consideration.
Emergency Fleet Corporation continued in existence
1
1
1
1
1
14
41
201
63
7
EG
5
34
33, 34
11
37 note.
33, 34
5
33, 34
33, 34
LO LO LO LO LO LO
1
33, 34
5
33, 34
33, 34
LOLO LO
33, 34
5
33, 34
33, 34
10 10
5
5
33, 34
33, 34
until vessels are sold.
Board may create insurance fund from_
2013
12
10
Insurance on fire, protective and indemnity
9
40
36, 137
36
New mortgage to be given when vessel sold by
Admiralty Court___
30 O
56, 57
Proceeds from, engaged in foreign commerce
from war and excess profits taxes_
Routes, to citizens for operation on.
To aliens, authorized_
To foreigners, must be approved by board__
exempt
Sale by Admiralty Court to pass title free of liens-
Salvage:
Government vessels authorized to collect_.
Suits for
23
47
I
I
1
!
1
1
}
1
}
1
}
T
7
34
I
34
9
8
1
1
30 O
I
56, 57
10
78
10
78
Award to be covered into Treasury to department's
credit__
10
78
1 Note.
181

Section
Page
Salvage maritime lien, made preferred lien.
30 M
56
Salvage, maritime liens for, may be created after execution
of mortgage but before same
30 F
53
Sawmills, condemnation of...
130
Schedules and rates of water carriers in foreign commerce_
90
Quotations of rates -
Reservation of space.
Modification of -
Publication of.
90
1
!!
1
90
i
Distribution of
Rules
1
1
1
1
1
90, 91
90, 91
90, 91
90
Seal
(See Bills of lading.)
Shall be judicially noticed.
Seamen:
War-risk insurance extended to those of foreign vessels
under United States control _ _ _
Maritime lien of, may be created after execution of
mortgage, but before same is recorded..
May demand wages only once in same port-
May demand only half of balance of wages.
T
On Government vessels authorized to collect salvage_
Suits for..
1
1
Payment of advance wages to, in American or foreign
ports prohibited.
Right of action at law for damages for personal injuries-
Right of trial by jury in personal injury cases.
Acts relating to personal injury of railway employees
extended to seamen -
Right of action at law for damages for death of seamen
Right to trial by jury for death of seamen
Acts relating to death of railway employces extended
to seamen
Suits to be in district where defendant resides.
Citizenship of
Seamen's Maritime Line, made preferred lien.
Secretary of board:
Chosen by board.
Excepted from civil service_
Salary.
Secretary of Treasury:
1
}
May issue bonds on request of board.
May fix date of payment of bonds..
May refuse clearance to vessels -
Į
I
ז
1
1
1
}
1
Security, liens as, for construction loan funds.
Seizure (see also Requisitioning and Commandeering):
Of German and other enemy vessels. -
}
1
1
J
1
F
Mortgage maritime liens given priority over forfeiture
proceedings under revenue or navigation laws.
1
33
31, 32
31, 32
128, 129
30 F
53
31
59
31
59
10
78
10
78
33
C3 C3 Co
w w w
www
32
33
33
233
8885
59
60
60
33
33
8880
60
60
60
33
33
405 C
30 M
8838
60
60
68
56
4
+4
ся сл сл
5
13
11, 12
13
11, 12
36
22
11
137
92
30 O
56
Private vessels immune from, for acts committed in
Government service..
4
76
Shipping Board vessels immune from_
J
1
1
75
Service, under suits in admiralty act--
2
75
Service of process, in suits for enforcement of orders.
Settlement of claims, discriminations in, prohibited.
Seventy-five per cent of corporation, when deemed owned
by United States citizens--
30
20, 21
14
12
2
2
Owning vessels engaged in coastwise trade must be
owned by United States citizens---
2
2
1 Note.
182
Sherman Antitrust Act:
Agreements approved by board excepted from opera-
tion of.
Marine insurance associations exempt from_.
Shipbuilding:
Relative cost of, to be investigated by board.
Report on, to Congress
Section
Page
T
Corporations of board authorized to build
Board authorized to have ships built.-.
1
1
1 1
1
I
1
1
1
Executive order delegating authority to Emergency
Fleet Corporation. -
Construction loan fund.
Shipbuilding plants:
1
f
Transfer of, to foreigners during emergency forbidden_
Insurance of __
Sale of, authorized
1
15
14
29
20
11
2213
10, 11
10, 11
9, 10
5
6
119
1
11
137
37
22, 23
10
1 37
13
37
131
1
Sale of, authorized_
Shipments, common carriers not to give through reduced
rates with common carriers by water in foreign commerce
unless property of passengers are carried on American
vessels __
Ship mortgage act, 1920 (see Mortgages)
Ship-repairing plants, transfer of, to foreigners during
emergency forbidden...
2888888
30
49, 50
50
37
22, 23
Shipper:
Disclosure of information about shipments without
consent of
14
21
21
14
17, 18
12, 13
Retaliation against, forbidden
War-risk insurance extended to property of, on foreign
vessels under United States control_
Shipping, rules and regulations to govern, in foreign trade_
Shipping act:
To be cited as "Shipping act, 1916”
Authority under transferred to board created under
merchant marine act..
128
1
19
43, 44
44
25
3
31
Shipping Board (see Commissioners):
Appointment of commissioners.
Chairman, selection of__.
}
Chartering of vessels by, repealed.
Creation of_
1 1
111
1
1
I
}
Referred to as "board
DO GO LO CI
3
3, 4
3
3, 4
5
3, 4
3
31
1
30
May delegate authority under merchant marine act to
Emergency Fleet Corporation_
35
May divide duties among commissioners_
Duties under shipping act conferred on new board
under merchant marine act-
103
60
-
3, 4
3
3, 4
Commissioners to be appointed according to geo-
graphical location _ _.
Salary of commissioner.
33
3, 4
4
33
1
Affirmative vote of not less than five commissioners in
sale of vessels to foreigners _ _
6
34
Commissioner shall hold over until appointed under
merchant marine act..
3
31, 32
Authority conferred on board under shipping act
transferred to board created under merchant marine
act_
Seal
33
3
31, 32
31, 32
Vacancy not to affect transaction of business by re-
maining members..
Commissioners, removal of
31, 32
31, 32
Supervision of division may be assigned to commis-
sioner__
3
31, 32
I Note.
183
Section
Page
Shipping Board-Continued.
Duties of, may be divided among commissioners_
Vacancies_
Commissioner-
Appointment of_.
Term of
To elect vice chairman_
I
1
1
1
1
To be appointed by President_
To consist of seven commissioners.
1
}
1
1
1
I
1
1
1
T
|
To exercise authority previously conferred on Presi-
dent in settling matters under emergency shipping
legislation_
Authorized to arbitrate, compromise, settle, etc.,
claims under suits in admiralty act_
Created__
Employees of
Effect of vacancy on.
Expenses of_
Į
I
Findings of, as evidence_
1
Formation of corporations by.
Investigations by (see Investigations)
Leasing of vessels by, repealed___
Maximum rates, etc., to be filed with_
1
1
I
1
1
1
1
}
1
1
1
T
1
1
1
I
1
1
May require filing of reports, rates, memoranda, etc__
Members of, not to engage in other business_
Orders (see Orders) -
Operations of ships by (see Ships and Operation).
Purchase of vessels by:
Purchase of vessels by, repealed.
Qualifications of commissioners_
Reports to be made by
Sale of vessels__
Sale of vessels by, repealed__.
Secretary, appointment and salary
Salaries of
Terms of offices of commissioners.
To be nonpartisan__:
Vice chairman_.
I
1
I
111
Not to charge War Department charter hire
1
1
1
I
1
1
1
1
I
1
J
1
Order delegating authority to, under original emer-
gency shipping act___
Shipping Board Emergency Fleet Corporation, continued in
existence until vessels are sold__
Shipping Board vessels:
Steamboat-inspection laws extended to
Vessels acquired by or from board may engage in coast-
wise trade via foreign port- - - -
1
I
ww
31, 32
3
31, 32
31, 32
31, 32
3
31, 32
31, 32
3
31, 32
2
30
78
3
3, 4
5, 6
3
3, 4
4
5, 6
30
30, 31
11
9, 10
5
12, 22, 26
10, 18, 19
6
18
16
21
17, 18
23
23
23
23
11
\9, 10
11
9, 10
LO M
5
6
3
3
11, 12, 26
12, 15
10, 11, 19
11, 14
7,8
7
4
5, 6
5, 6
3
3, 4
3
3, 4
3
3, 4
118
118
12
40
•114
American Bureau of Shipping to classify and survey
Foreign-built authorized to engage in coastwise trade_
Not to be given preference over private vessels by
rules and regulations...
222
27
25
22
752
AAA
49
48
46
19
43, 44
Immune from arrest or seizure.
1
75
Shipping property acquired by United States turned over to
board_
4
33
Shipping service, board directed to establish adequate with
island possessions, including Philippines-----
21
46
Ships (see Vessels):
Definition of term.
6
1
6
Requisition of, authorized
}
Definition of term "vessel"
Fighting ships defined..
Use of fighting ships forbidden
Board may complete construction work begun under
emergency shipping act
1
11
I
1
|
1
1
14
14
H44
1
1
12
1º
2
30
184

Section
Page
415
33
30
33
4
33
14
12
14
12
22
30 C
30 C
30 C
555
51
51
51
30 P
57
16
42
∞1
8
116
1
115
37
22, 23
126
1
126
J
I
Ships Continued.
Acquired under emergency shipping legislation turned
over to board.
Board to develop merchant marine by disposition of
Sale of board directed to sell all ships
Required by other department not turned over to
board...
Ships, fighting:
Defined
Use of, forbidden_
Ship sales:
Recording of ___
1
1
1
1
[
I
To be recorded in order of their reception_.
Indexing requirements_
I
I
1
1
(See Sale of vessels; and Recording of bills of sale.)
Ship's husband, may create maritime lien on vessels
Shipyard employees, law providing houses for repealed___
Shipyards:
Included in term "plant"
Requisition of, authorized
Not to be sold, mortgaged, etc., to foreigner without
approval of board_
Term defined in housing law-
To provide houses for employees of..
To take over transportation facilities around.
T
1
1
Executive orders delegating authority to take over
transportation facilities around..
Just compensation to be paid for transportation facili-
ties taken over around_
Insurance__
Sale of, authorized.
Shipyard transportation act:
Repeal of
1
Contracts and rights to be carried out-
Penalties under, not affected by repeal.
Not affected by repeal..
1
I
1
1
1
1
T
1
1
F
1
[
រ
}
1
1
Size of vessels, to be determined for operation on new routes.
Space accommodations:
Clearance may be withheld for refusal of_
Discriminations in matter of
Refusal of, by way of retaliation _ _
1
1
1
1
10
18
· 115
119, 120
117
36, 137
41
22227
30
30
30
30
34, 35
36
22
14
12
14
12
222
Speed of vessels, to be determined for operation on new
routes _ _ _
7
34
State courts, to have concurrent jurisdiction over offenses
under ship mortgage act.
30 J
54
State Department, may direct consuls to claim immunity of
public vessels in foreign countries_
7
77
States:
Property of, exempt from requisition title of..
Consent of legislature of, not required to condemn land
for houses within_.
13
123
126, 127
Status of vessels (see Suits in admiralty):
Shipping Board vessels subject to suits.
9
Shipping Board vessels immune from arrest or seizure.
1
75
Status of vessels acquired from board__.
9
8
Statutes of limitation, suit for payment of money.
30
30, 31
Statutes of limitations, for filing suits under suits in ad-
miralty act_ _
5
76
Steamboat inspection laws:
Shipping Board vessels subject to
Extended to Shipping Board vessels.
I Note.
9
8
I
1
114
1
1
1
185
Section
Page
Steamboat Inspection Service:
May suspend, etc., master for failure to exhibit vessel's
documents, etc...
30 J
54, 55
Rules and regulations relating to shipping need not be
approved by board__
19
43, 44
Detail of officers of, to board_
4
5, 6
Steamship lines, board to investigate new routes and es-
tablish
7
34, 35
Steam vessels (see Vessels and ships) charters of, over 250
tons must be approved during emergency.
124, 125
Stevedores:
Maritime line of, may be created after execution of
mortgage, but before same is recorded__
Maritime line of, made preferred lien_.
Stevedoring:
30 F
30 M
LOLO
53
56
May prescribe rates, terms, and conditions for use of
service of, during emergency-
1222
122, 123
122, 123
77
73
76
17, 18
17, 18
12
13
723
121, 122
122, 123
41
1
115
119
1
1
I
117
13
41
9
121, 122
9
121, 122
77742
222
27
20
27
27
20
20
20
84
2
1
1
Priority in use of service of, during war.
Stipulations:
In suits against public vessels in foreign countries
authorized
Not required in suits in admiralty act_
Storing of property:
Practices connected with, must be reasonable_ -
President may make rules and regulations regarding,
during emergency, repealed___
Priority in use of storage houses during emergency
Street-car systems, sale of, authorized...
Street railroads:
To take over.
Executive order delegating authority to take over-
Just compensation to be paid for..
Street-railway systems, sale of, authorized_
Submarine regulations, President may prescribe_
1
I
1
1
Submarine zone, President may exclude vessels from dan-
ger zone__.
Subpœna:
Board to have power to--
May be signed by any commissioner.
1
Obedience to, may be enforced in courts_
Restriction of, under salvage act__
Successors subject to the act_-
Suits:
For enforcement of orders of board—
I
F
1
I
I
I
1
1
For payment of money must be brought within
one year..
May be maintained where_
Other than for payment of money
Venue and procedure in-
Condemnation proceedings for land__
11
1
Under rate emergency law to be brought in Court of
Claims
Against Shipping Board vessels authorized.
Under salvage act__
Board may employ attorneys to conduct..
1
For personal injuries or death of seamen to be in district
where defendant resides_
F
1
1
1
I
30
20, 21
31
21
29
20
31
21
130
I
14
123
.9
8
83
3 31, 32, 33
33
60
Persons not satisfied with just compensation awards
may bring.
Suits in admiralty act
Public vessels and cargo immune from arrests or
seizure.
Moneys collected from judgments, etc., to be covered
into Treasury to department credit.
11
78
2
3813
30
75
1
1
75
186
Section
Page
1
75
22222∞∞ ∞ ∞ ∞
3
75
75
75
75
75
76
76
3
76
3
76
76
216
45
67777
I
76
76
223
77
77
77
77
77
7
77
8
77, 78
9
•
· 78
11
2023
10
78
12
13
777
78
78
78
∞∞∞
30 N
56
Suits in admiralty act-Continued.
Panama Railroad Co. excepted.
Admiralty suits in personam against United States
authorized……….
District courts to have jurisdiction.
Service
Cross libels.
Removal of cause of action.
Law and procedure same as in private actions.
Costs, interest, etc.
Appeals.
Libellant may elect to proceed as in rem action..
Stipulations and bond.
t
11 1
I
T
I
Private vessels libeled for acts done while in Govern-
ment service immune.
Statute of limitations_
-
Entitled to limitations of liability and exemptions as
private vessels___
Vessels and cargo immune in foreign countries.
Stipulations and bonds.
Appeals ---
}
1
1
Attorney General may arrange stipulations and bonds-
Evidence for paying judgments-
Payments of judgments and awards.
Arbitration, compromise, and settlement of claims.
Salvage_
Disposition of funds recovered.
Report of suits, awards, and claims settled_
Inconsistent acts repealed...
}
1
I
I
Suits in personam, mortgagee may bring in admiralty on
default of mortgage.
Suits in rem:
Foreclosure of mortgage maritime liens, by admiralty
suits in rem authorized_.
Libellants may elect under suits in admiralty act..
Vessels immune from seizure or arrest in stipulations
not required…….
Sale of vessels by admiralty court by, to pass title free
of lines...
Vessels not to be sold in, to foreigners..
Supplies:
Sale of, authorized__
1
1
1
Furnishing of, to constitute maritime liens on vessels__
Persons who may create lien_-_
Supply and demand, to be taken into consideration in sale
of vessels.__.
Suspension of contracts:
Authorized..
Compensation to be made for…….
Suspension of orders___
T.
I
1
1
1
J
1
I
1
I
1
1
1
1
Taking of vessels (see Commandeering; Requisitioning;
and Seizure).
Tariffs:
Board may prescribe just and reasonable..
Must be just and reasonable…….
Tariff act of 1894, agreements approved by board excepted
from
I
I
1
30 K
55
3
76
3
76
30 O
56, 57
30 O
56, 57
13
41
30 P
57
30 P
57
LO
5
13
I
f
25
33, 34
115
3, 4, 5
19
10
9
18
16
18
16
15
14, 15
187
Section
Page
Taxes:
Exemption conditioned on reinvestment of such tax in
new tonnage.
Owner must furnish two-thirds of construction fund….
Vessels engaged in foreign commerce exempt from pay-
ing war and excess-profit taxes on net income for 10
years
Proceeds from sale exempt from
Tender of cargo, duty to accept.
Tender of vessels to board, required.
Terminal facilities:
Furnishers of, subject to shipping,act_
-
1 1 1
May lease or requisition during emergency.
|
1
May prescribe rates, terms, and conditions for use of,
during emergency - .
22
23
47
23
47
***
23
47
23
42
36
9
7287
1
1
13
123
To be operated as President may direct during emer-
gency--
Priority in use of, during emergency-
121
22
123
15
123
12
123
(See German port facilities.)
German, turned over to board_
17
42
Sale of, prohibited...
17
42
President may transfer docks, piers, warehouses,
wharves, and terminal facilities from board to War
or Navy Department_
Sale of, prohibited
177
17
42
17
42
22
Under War or Navy Department may be turned over
to board by President_
Sale of, prohibited.
Terminal railroads, priority in use of, during emergency.
Terminals, water, to investigate subject of
Termination of authority:
In emergency shipping act.
Rate emergency act_.
Of corporations organized under board.
In housing law.
Terms:
Of charters of forcign vessels must be approved-
May be prescribed for use of dry docks, wharves,
lighterage, terminal facilities, etc., during emergency-
Territorial regions, investigation of water-borne commerce
with respect to territorial regions and zones.
Through rates, common carriers not to give through re-
duced rates with common carriers by water in foreign
commerce unless property or passengers are carried in
American vessels.
Tickets, practices connected with issuance, etc., to be just
and reasonable__.
Timber, condemnation of, for housing purposes-
Title:
1
To take, to German and other enemy vessels..
Executive order authorizing board to take, to vessels.
May redelegate to its corporations
I
President authorized to take, to German port facilities.
Tonnage, proclamations declaring an emergency to exist in
maritime
Tonnage dues, treaties restricting right to impose discrim-
inating, to be terminated__
Tort maritime liens, made preferred lien_
Towboats:
On Mississippi River turned over to War Department.
Power to operate and dispose of Mississippi River
barges and towboats turned over to War Depart-
ment_
1
!
1726
42
42
123
1
35, 36
10
1
116
3
1
I
|
1
T
121
1
I
I
11
9, 10
126
124
12
123
8
35, 36
1
1
28
49, 50
18
16
124
I
92
I
1
119
1
119
1
95
26, 27
34
60
30 M
56
132
132
188
Section
Page
Towage:
Lien for, may be waived..
To constitute maritime lien
Persons who may create lien__.
1
I
I
1
1
1
1
1
I
I
[
1
1
Traffic accounts, disclosure of information in connection
with adjustment of __
Tramp, ocean:
Defined__
Not a common carrier.
Transfer of vessels:
Acquired from board..
During war or national emergency
T
F
Of War or Navy Departments to board.
To foreign flag or interest.
I
I
I
}
1
I
Admiralty courts not to sell vessels to foreigners
Chartering vessels to foreigners - -
1
1
1
1
I
1
30 S
30. P
LO LO
58
57
30 P
57
20
17
1
1
1
1
9
9, 37
8, 22
6
6
9, 37
8, 22
30 O
56, 57
9
8
Documents of vessels covered by preferred mortgages
not to be surrendered without approval of board___
Board to refuse approval unless mortgagee consents.
Mortgage to foreigners-
30 O
56, 57
30 O
56, 57
9
8
30 O
56, 57
LO
5
33, 34
8
35, 36
601
72
1
115
119
117
1
Rights under mortgage not to be assigned to foreigners
without board's consent.
Vessels sold by board subject to restrictions of sec. 9
of shipping act__
Transportation, to investigate with respect to natural out-
let to ports..
Of Government officials.
Transportation facilities:
Authorized to take over around shipyards_
Executive order delegating authority to take over.
Just compensation to be paid for.
Investigation of water-borne commerce with respect
to territorial regions and zones with object of de-
veloping
Sale of, authorized_
Transportation by railroad, investigation to coordinate
with water transportation_
Transportation shipyards act:
Penalties under not affected by repeal.
Contracts and rights to be carried out.
Repeal of
T
Coastwise trade via foreign ports limited to American
vessels
13
ão co
35, 36
41
8
35, 36
}
222
30
30
30
27
49
27
49
with to be
18
16
44
5
5
27
20
1
25
48
Merchandise transported from continental United
States excepted--
Transporting property, practices connected
just and reasonable__
Traveling expenses:
Of members of board_
Of employees of board_
Of witnesses before board_
I
1
1
I
1
1
1
I
1
I
1
1
1
Representatives on American Bureau of Shipping al-
lowed..
Treasury Department:
Exemption of vessels engaged in foreign commerce
from war and excess-profits taxes.
Proceeds from sale of, exempted.
Treasury of United States (see Treasury Department):
Fees for copies of mortgages, bills of sale, liens, record
of vessels, etc., to be covered into__.
Net proceeds to be covered into, for construction, req-
uisitioning or purchasing of vessels__
2228
23
47
23
47
30 I
54
14
41
189
Section
Page
Treaties:
Customs duties, treaties restricting right to impose dis-
criminating, to be terminated-
President to give notice of termination_
Tonnage dues, treaties restricting right to impose, to
be terminated___
Trials by jury:
Seamen given right in personal injury cases.-
Seamen given right to, in death by wrongful act_
Suits to be in district where defendant resides.__
Trust fund, exempted war and excess-profit taxes to be
placed in, for constructing new vessels.
Trust laws (see Antitrust laws), marine insurance associa-
tions exempt from__
Trustees subject to the act_
Type of vessels, to be determined for operation on new
routes.
34
34
租​租
​680
60
60
34
60
33
33
33
8880
60
60
60
23
47
29
22 7
50
2
34, 35
U
Unconstitutionality:
If part of shipping act held invalid, not to affect re-
mainder...
34*
22
If part of rate emergency law declared invalid, not to
affect remainder__.
17
124
If part of merchant marine act declared unconstitu-
tional not to affect remainder.
36
61
Understandings, included in term "agreement" (see
Agreements) -
Undue:
Preferences or advantages, giving of, unlawful.
Prejudice or disadvantage, giving of, unlawful.
Penalty-.
Unfair practices:
Board to make rules and regulations to meet.
Companies discriminating against American vessels
by, to be denied entrance into United States ports..
Unfair or unjust device or means, use of, to obtain lower
rates forbidden___.
United States:
Definition of term in rate emergency act_
15
14
16
15
t
16
15
32
21
19
43, 44
15
14
16
15
1
120
1
Court of Claims to have jurisdiction of claims against,
under rate emergency act.
14
123
Court of Claims to have jurisdiction of claims against,
under emergency shipping act______
3
116
Court of Claims to have jurisdiction of claims against,
under housing law.
126
Suits against in Court of Claims..
12
2
30
United States citizen (see Citizen; Citizens of United
States), declaring policy of having merchant marine
owned and operated by --.
1
30
3
31
1
J
United States Shipping Board (see Shipping Board), crea-
tion of..
United States Shipping Board Emergency Fleet Corpora-
tion (see Emergency Fleet Corporation and Corpora-
tions), continued in existence until vessels are sold_.
Unreasonable:
Preference or advantage, giving of, unlawful_
Prejudice or disadvantage, giving of, unlawful.
Penalty for._
Rates, fares, classifications, etc., forbidden.__
46209°-29-13
I
រ
I
1
12
40
16
15
16
15
32
21
18
16
190

V
Section
Page
Vacancy:
Effect on board of___
How filled..
Venue and procedure-
Vessel of United States:
1
1
1
}
1
1
I
Į
1
1
I
1
I
1
1
1
1
Documents of, not to be surrendered without approval
of board.
ww
3
3
3
3
31
21
30 O
56
Interest of mortgagee in, to take priority over forfei-
ture proceedings..
30 O
56
Not to be sold by suits in rem to foreigners_
Rights under mortgage on, not to be assigned to for-
eigners without board's consent.
30 O
56
30 O
56
Sale of, by admiralty court to pass title free of mari-
time lines..
30 O
56
30 B
50
Term in ship mortgage act, means any vessel docu-
mented under the laws of the United States__.
Vessel's documents.
Vessels (see also Ships):
Under shipping act-
(See Documents.)
Construction of authorized, repealed.
In American shipyards, repealed_
In foreign shipyards, repealed...
J
1
1
}
In United States navy yards, repealed.
Chartering of.
Chartering of, repealed.
Commandeering of..
1
1
1
1
J
1
or fr
5,7
5,
10
ŁO LO LO LOTTO
6
6
6
6, 7
7
6, 7
10
9
1
1
Discrimination against, by foreign Govern-
26
19
9
8
Compensation for, taken for military and
naval purposes-
Definition of term
ment_
Enrollment of.
Foreign vessels (see Foreign vessels)
Admission to American registry.
Admission to coastwise trade_
Licensing as American vessels
Leasing of
Leasing of, repealed.
Operation of
By corporation formed by board.
Only under American flag- -
1
Proceeds of sale, lease, and charter of__.
Purchase of-
By board, repealed..
By corporation formed by board.
Limitations upon, repealed.
Refusal of clearance to..
Registration as American vessels
Sale of (see also Sale of vessels)—–
By board, repealed-
During war or national emergency.
To board, repealed_
Unfit for service, repealed...
1
1
Taking of, for naval or military purposes-
Transfer of, acquired from board_
During war or national emergency.
Which may not be purchased by board..
Under emergency shipping act-
1
1
1
1
I
1
1
I
1
I
}
1
T
I
[
t
1
}
་
1
1
1
1
1
9
5,7
cr cr
977
5, 7
6,
తత
6, 7
∞∞∞77
11
9
9
8
13
11
5
11
9
5
6
36
22
9
7
9, 37
8, 22
5
7207
6
10
9
9
8
9, 37
8, 22
5
6
Authorized to-
Order ships or materials__
1
115
Requisition, etc., contracts for ships, etc.
1
115
Purchase, requisition, etc., ships and charters_
115
191
Section
Page
Vessels-Continued.
Under emergency shipping act—Continued.
'Vessel" included in term "ship
Executive orders delegating authority to board to
operate___
Executive orders delegating authority to Emer-
gency Fleet Corporation to build.
Under rate emergency act
6
6
119
1
119
Board may requisition temporary use of.
11
122
Requisitioned under rate emergency act to be oper-
ated as President may direct.
15
123
May require master to place at service of United
States__
11
122
President to pay just compensation for-
11
122
Under merchant marine act-
Definition of, in merchant marine act.
Board directed to sell all vessels.
Board may complete construction work begun
under emergency shipping act..
Best equipped and most suitable types necessary.
Required by other departments not turned over
to board..
Acquired under emergency shipping legislation
turned over to the board.
Board vessels not to be given preference over
private vessels by rules and regulations_
Reconditioning--
Sale to aliens, authorized_
37
7. LO
61
5
33
21
30
30
4
33
4
33
1
Insurance on_
I
1
1
5255
19
43
12
40, 41
34
10
36
Cargo, authorized to carry 16 passengers.
26
48
Shipping Board, American Bureau of Shipping to
classify and survey-
25
48
Shipping Board vessels foreign built may engage in
coastwise trade..
Ship-construction loan fund, created.
21
22
46
11
39, 140
Tax foreign trade, vessels engaged in, exempt from
war and excess-profits tax_
Proceeds from sale exempt from.
8833
23
47.
23
47
Under merchant-marine act, 1928-
405
1
67, 68
702
1
I
1
I
1
73
705
I
I
74
203
63, 64
In ocean mail service__
Requisition of _
Operations
Replacement of
Vested rights, unaffected by repeal of emergency shipping
legislation.
Vice chairman of board, board to elect_
Violation of orders:
For payment of money, remedy for.
Other than for payment of money.
Penalties for. (See Penalties.)
Suits for, where brought__
I
1
1
1
J
}
Virgin Islands, enemy vessels in, excepted from act taking
over_
Adequate shipping service with.
Extension of coastwise laws to-
Voyages:
Of vessels may be directed during emergency, repealed_
President may regulate in submarine zone_
Not exclusively coastwise required...
Note.
T
1
1
13
30
32, 33
30
29
20, 21
20
30
20, 21
92
1
112
T
112
7
9
121
121, 122
ī
121
192

Section
Page
Wages:
War:
W
Seamen may demand only once in same port..
May demand only half of balance of wages..
Payment of advance wages in American or foreign
ports prohibited__-.
1
Conclusion of European, to be proclaimed by President.
Existence of, to be proclaimed by President.
Transfer of vessels during.
Declaring policy of having Naval Auxiliary during...
War Department:
Vessels of, may be transferred to board_
Board not to charge charter hire to
រ
1
Board not to requisition terminal facilities of
Vessels under, exempt from merchant marine act, 1920-
Mississippi River barges and towboats turned over to-
President may transfer docks, piers, warehouses,
wharves, and terminal facilities from board to.
Sale of prohibited.
31
59
31
59
32
59
11
9
9, 37
8, 22
9, 37
8, 22
1
30
6
6
118
126
1
4
33
132
17
17
Docks, piers, warehouses, wharves, and terminal
facilities under, may be turned over to board by
President.
223
42
42
17
Sale of prohibited.
17
22
42
42
Not to pay charter hire for use of Government vessels
during fiscal year ending June 30, 1919..
Investigation of water-borne commerce with respect
to territorial regions and zones_
15
42
8
35
23
47
23
47
9
36
War-profit tax:
Vessels engaged in foreign commerce exempt from……-
Proceeds from sale exempt from...
War-risk insurance, purchasers of vessels to provide..
War Risk Insurance Bureau (see Compilation of war-risk
insurance laws):
To insure foreign vessels under control of United
States___.
Suspension of act.
War Trade Board, not to withdraw powers from.
Warehouse facilities, furnishers of, subject to this act_
Warehouses:
May lease or requisition during war.
To be operated as President may direct during war.
May prescribe rates, terms, and conditions for use of
during war-
Priority in use of during war.
Investigation of necessity for.
Sale of, authorized..
German port facilities turned over to board.
Sale of prohibited_
I
1
I
I
Under War or Navy Department may be turned over
to board by President_
Sale of prohibited. -
German, seizure of..
1
Water commerce, investigation of, with respect to terri-
torial regions and zones_
Water craft, included in term "vessel”
1
128
1
1
128
111
11
I
1
1
126
1
1
13
123
15
123
--
12
12
228
122, 123
122, 123
8
35
13
41
17
17
17
17
1
3722 222
42
42
42
42
92
I
Water terminals, to investigate subject of__
Water transportation, proclamations declaring an emer-
gency in...
∞∞
8
1
8
சுடசு
35
35
26
Waterways, inland, vessels engaged in improving, exempt
from merchant marine act, 1920...
4
Weighing, false, to obtain lower, unlawful.
16
333333
15
Wharfage, persons engaged in furnishing, subject to
shipping act__
1
1
193
Wharves:
Section
Page
1223
I
|
1
13
123
15
123
122, 123
122, 123
8
35
13
40
17
17
77
42
42
17
42
17
42
15
14, 15
27
28
27
28
28
787∞∞7
2220
20
20
20
34
I
May lease or requisition during emergency-
To be operated as President may direct during
emergency-
May prescribe rates, terms, and conditions for use of
during emergency.
Priority in use of during emergency.
Investigation of necessity for.
Sale of, authorized_.
German port facilities turned over to board.
Sale of prohibited.
Under War or Navy Department may be turned
over to board by President..
Sale of prohibited
Wilson tariff law (tariff act of 1894), agreements approved
by board excepted from antitrust provisions of
Witnesses:
Entitled to fees and mileage-
Exemption from prosecution
May be summoned by subpœna--
Not excused on ground of incrimination_
Perjury of, may be punished..
World markets, board to establish new routes to
Y
Yukon River, act prohibiting merchandise being trans-
ported in coastwise trade via foreign port not to take
effect on Yukon until Alaska Railroad finished_
Z
I
Zones, investigation of water-borne commerce with respect
to territorial regions and zones..
O
27
49
8
35

F
BOUND
J 13 1942
UNIVERSITY OF MICHIGAN
3 9015 03458 6787
UNIV. OF MICK.
LIBRARY
Filmed by Preservation NEH 199
WITHDRAWA
UNIVERSITY OF MICHIGAN LIBRARY