Ships and shipping-Continued. End of emergency, 1279. Emergency shipping fund provisions Power of President to obtain ships of War Department, 1284. Ships and shipping-Continued. Property of North German Lloyd and Inland water transportation facilities : Operated according to shipping laws, Terminal facilities, 1289. 1211. Supervision by the Secretary of War.-The transportation of troops, munitions of war, equipments, military property, and stores throughout the United States shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. R. S. 220. The transportation of organized bodies or detachments of troops under orders from competent authority directing travel to be performed is regulated by the requirements of this section as modified from time to time by the provisions of the annual acts of appropriation for the support of the Army. See pars. 1135-1139, A. R., 1913, for transportation of baggage on change of station, retirement, etc. See pars. 1128-1134, A. R., 1913, for parlor and sleeping-car accommodations to which officers traveling with troops, noncommissioned officers, Army nurses, civilian employees in the military service, etc., are entitled when traveling under orders. * * 1212. Transportation of the property of another executive department handled by the Quartermaster Corps.Provided also, That hereafter the Quartermaster-General and his officers, under his instructions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the Bureau to which such property or stores pertain. Act of July 5, 1884 (23 Stat. 111), making appropriations for the support of the Army: Transportation of the Army. Notes of Decisions. Presumption as to condition of stores.When a contract provides that upon the arrival of a train the Quartermaster's Department shall examine the stores, and, if found to be in good condition and delivered in proper time, shall so indorse the bill of lading, upon which payment shall be made, it will be presumed that such a certificate was made and given when it appears that the contract was fully performed. Curtis v. U. S., 34 Ct. Cls. 5. 12121. Transportation of high explosives. It shall be unlawful to transport, carry, or convey, within the limits of the jurisdiction of the United States, any high explosive, such as, and including, dynamite, blasting caps, detonating fuzes, black powder, gunpowder, or other like explosive, on any vessel, car, or vehicle of any description operated in the transportation' of passengers by a common carrier engaged in interstate or foreign commerce, which vessel, car, or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such vessel, car, or vehicle smokeless powder, primers, fuses, not including detonating fuzes, fireworks, or other similar explosives, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel, car, or vehicle; but such explosives shall not be carried in that part of a vessel, car, or vehicle which is being used for the transportation of passengers for hire: Provided further, That it shall be lawful to transport on any such vessel, car, or vehicle small-arms ammunition in any quantity, and such fusees, torpedoes, rockets, or other signal devices as may be essential to promote safety in operation: And provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger-equipment vessels, cars, or vehicles. The words 'detonating fuzes,' as used in this section shall be interpreted to mean fuzes used in naval or military service to detonate the high explosive bursting charges of projectiles, mines, bombs, or torpedoes. The word 'fuses' as used herein shall be interpreted to mean devices used in igniting the bursting charges of projectiles. The word 'primers' as used herein shall be interpreted to mean devices used in igniting the propelling powder charges of ammunition. The word 'fuses' as used herein shall be interpreted to mean the slow-burning fuses used commercially and intended to convey fire to an explosive or combustible mass slowly or without danger to the person lighting. The word 'fusees' as used herein shall be interpreted to mean the fusees ordinarily used on steamboats and railroads as night signals. Sec. 232, Criminal Code, Act of Mar. 4, 1909 (35 Stat. 1134-1135), as amended by act of Mar. 4, 1921 (41 Stat. 1444). It shall be unlawful to transport, carry, or convey within the limits of the Jurisdiction of the United States, liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, on any vessel, car, or vehicle of any description operated in the transportation of passengers or property by land or water by a common carrier engaged in interstate or foreign commerce. Sec. 234, Criminal Code, Act of Mar. 4, 1909 (35 Stat. 1135), as amended by act of Mar. 4, 1921 (41 Stat. 1445). Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside thereof the contents thereof; and it shall be unlawful for any person to deliver, or cause to be delivered, to any common carrier engaged in interstate or foreign commerce by land or water, or to carry upon any vessel, car, or vehicle operated by any common carrier engaged in interstate or foreign commerce by land or water any explosive, or other dangerous article, as specified in section 233 of this Act, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier in writing of the true character thereof, at or before the time such delivery or carriage is made. Whoever shall knowingly violate, or cause to be violated, any provision of this section, or of the three sections last preceding, or any regulation made by the Interstate Commerce Commissio in pursuance thereof, shall be fined not more than $2,000 or imprisoned not more than eighteen months, or both. Sec. 235, Criminal Code, act of Mar. 4, 1909 (35 Stat. 1135), as amended by act of Mar. 4, 1921 (41 Stat. 1445). When the death or bodily injury of any person results from the violation of any of the four sections last preceding, or any regulation made by the Interstate Commerce Commission in pursuance thereof, the person or persons who shall have so knowingly violated, or caused to be violated, such provision or regulation, shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Sec. 236, Criminal Code, act of March 4, 1909 (35 Stat. 1136), as amended by act of Mar. 4, 1921 (41 Stat. 1445). The Interstate Commerce Commission is authorized to formulate regulations for safe transportation of the above dangerous articles, and to enforce the same with the assistance of any department, commission, or board of the Government, by sec. 233, criminal code, as amended by act of Mar. 4, 1921 (41 Stat. 1445). 1213. Transportation contracts with private parties.and that all transportation of stores by private parties for the Army shall be done by contract, after due legal advertisement, except in cases of emergency, which must be at once reported to the Secretary of War for his approval. Act of July 5, 1884 (23 Stat. 109), making appropriations for the support of the Army: Transportation of the Army. Notes of Construction of advertised contract. Where a statute requires that all transportation service shall be advertised for, it is unreasonable to suppose that contracting parties intended to contract for only a portion, leaving part wholly unprovided for. Otis v. U. S. (1884), 19 Ct. Cl. 467. Delay of transportation of Army stores by Government.-Where by the terms of a contract for the transportation of supplies to the Army a schedule of prices for the carriage of the goods was established varying according to the season of the year, but by the literal terms of the instrument the time of starting was indicated as the date to which reference must be made in ascertaining the rate of compensation for any single trip, it was held, that for trips in which the trains that started in the summer were detained by the Government's agents so long as to be forced to perform the greater part of the journey in the time of the year when the difficulties of transportation were at their worst, the contractors were entitled to such compensation as would have been payable if the trains had started at a 1214. Rates. Decisions. * time which, without delay, would have compelled them to travel in the inclement season. (1860), 9 Op. Atty Gen. 444. By the terms of a contract with B., for the transportation of military supplies from Fort Leavenworth to Salt Lake City, it was agreed that in case any of the trains of the contractor were stopped at any time or place en route over two days, by any act of the Government, he should be allowed demurrage at a certain rate; and that all orders from officers of the Government to halt trains should be in writing, etc. Held, that for the stoppage of a train made by order of an officer of the Government, issued at the request or solicitation of, or in pursuance of an agreement with, a servant of the contractor in charge of the train, the United States would incur no liability under the contract, but that mere acquiescence, without protest, on the part of the servant, in an order given by such officer to stop the train, would not prejudice the rights of the contractor. (1869), 13 Op. Atty. Gen. 92, Provided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large, and shall be accepted as in full for all demands for such service: * Act of June 5, 1920 (41 Stat. 960), making appropriations for the support of the Army. * Similar provisions appear in previous appropriation acts. 1215. Routing of freight.- * * No provision of this Act shall be construed to prevent the routing of freight by a shipper or consignee over any inland canal or coastwise waterway, or a part way over such waterway and a part way by rail. In case the shipper or consignee shall so route the freight, no provision of this Act shall be construed as giving power to change the routing. Sec. 7, act of Mar. 2, 1919 (40 Stat. 1290), amending sec. 6, act of Mar. 21, 1918 (40 Stat. 455). 1216. Preference to transportation of troops and material of war.That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace shipments consigned to agents of the United States for its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to shipments so consigned. Act of Aug. 29, 1916 (39 Stat. 604), amending sec. 6, Feb. 4, 1887 (24 Stat. 380). 1217. Control of carriers in time of war by Federal authority.--The President, in time of war, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, war material and equipment, or for such other purposes connected with the emergency as may be needful or desirable. Act of Aug. 29, 1916 (39 Stat. 645), making appropriations for the support of the Army. Notes of Decisions. Implied powers.-In his proclamation of Dec. 26, 1917, issued pursuant to this section, the President declared that, except with the prior written consent of the Director General of Railroads, no attachment by mesne process or on execution should be levied against the property used by any of the transportation systems taken over in the conduct of their business as common carriers. Held, this power in the President was to be implied from the statute. Dooley v. Penn. R. Co. (D. C. 1918), 250 Fed. 142. The act of Mar. 21, 1918, providing for Federal control of railroads during the World War and authorizing the President to make regulations therefor, assuming that it authorized the fixing by such regulations of the venue of actions in Federal courts against the railroad companies, is within the war powers, and constitutional, Wainwright v. Penn. R. Co. (D. C. 1918), 253 Fed. 459. 1218. Obstructing commerce during the war with Germany. That section one as heretofore amended, be further amended by adding thereto the following: “That on and after the approval of this Act any person or persons who shall, during the war in which the United States is now engaged, knowingly and willfully, by physical force or intimidation by threats of physical force obstruct or retard, or aid in obstructing or retarding, the orderly conduct or movement in the United States of interstate or foreign commerce, or the orderly make-up or movement or disposition of any train, or the movement or disposition of any locomotive, car, or other vehicle on any railroad or elsewhere in the United States engaged in interstate or foreign commerce shall be deemed guilty of a misdemeanor, and for every such offense shall be punishable by a fine of not exceeding $100 or by imprisonment for not exceeding six months, or by both such fine and imprisonment; and the President of the United States is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of the passage of the mail, or of the orderly conduct or movement of interstate or foreign commerce in any part of the United States, or of any train, locomotive, car, or other vehicle upon any railroad or else. where in the United States engaged in interstate or foreign commerce: Prorided, That nothing in this section shall be construed to repeal, modify, or affect either section six or section twenty of an Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,' approved October fifteenth, nineteen hundred and fourteen, Act of Aug. 10, 1917 (40 Stat. 272), amending sec. 1, act of Feb. 4, 1887 (2} Stat. 379). 1219. Priority in transportation of commodities essential to defense during the war with Germany. That section one as heretofore amended, be further amended by adding thereto the following: "That during the continuance of the war in which the United States is now engaged the President is authorized, if he finds it necessary for the |