The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-12-27

do hereby through Newton d. Baker,
secretary of war, take possession and
assume control at IL o'clock noon on
the twenty eighth day Of December,
1917, Of each and every system OF
transportation and the appurtenances
thereof located wholly or IN part
within the boundaries of the con-
tinental United States. and consist
ing Of railroads, and owned or con-
| trolIed systems of coastwise and i'm
land transportation, engaged in gem
eraI transportation, whether operated
by steam or by electric power, in
Guiding also terminals. terminal COM
panies and terminal associations,
sleeping and parlor cars, private cars
and private lines and all other equip
ment and appurtenances commonly
used upon or operated as a part OF
such rail or combined rail and water
systems of transportation;- to the
end that such systems of Transports
ton be utilized for the transfer and
transportation of troops, war ma
teriaI and equipment, to the exclu-
sion so far as may be necessary or
ali other traffic thereon and that so
far as such exclusive use be not nee
essary or desirable. such systems OF
transportation be operated and util-
ICED in the performance OF such 9TH
er services as the national lnteresI
may require and Of the usual ana
ordinary business and duties OF
common carriers.
Delegates His Powers.
cit is hereby directed that the pos
session, control, operation and utll-
cation of such transportation systems
here by me undertaken, shall be eX-
ercised by and through William Y.
McAdoo. who is hereby appointed ana
designated in the direction OF the
railroads. Said director may perform
the duties imposed upon him, so long
| and to such extent as ne shall de-
termine, through the boards Of direc-
tors, receivers, officers and employees
of said systems of transportation.
Until and except so far as said direc-
tor shall from time to time by gen.
eraI or special orders otherwise pro-
vide, the boards of directors, recetv-
ers, officers and employees of the
various transportation systems shall
continue the operation thereof in the
usual and ordinary course OF the
business of common carriers, in the
names of their respective companies.
"Until and except so far as said
directors shall from time to time be
directed otherwise by general orders,
such systems of transportation shall
remain subject to all existing stat
utes and orders Of regulating COM
missions of the various states in
which said systems or any part
thereof may be situated. But any or
ders, general or special hereafter
made by said director, shall have.
paramount authority and be obeyed
as such.
Intsrurban Lines Executed.
Nothing herein shall be construed
as now affecting the possession, OPP
Grafton and control Of street electric
passenger railways, including rail-
ways commonly called interurban,
whether such railways be or be not
owned or controlled by such railway
companies or systems. BY supse-
quent order and proclamation If and
when it shall be found necessary or
desirable. possession, control or op~
Grafton may be taken of all or any
part of such street railway systems
Including subways and tunnels; and
by subsequent order and proclama-
ton. possession, control and opera
ton in whole or in part, may also
be relinquished to the owners there
of. of any part of the railroad sys-
TENS, or rail and water systems,
possession and control Of which are
hereby assumed.
1.-THE director shall as soon as may
he after having assumed such pos
session and control, enter upon ne
EQUATIONS with the several companies
looking to agreements for just and
reasonable compensation for the pos
session, use and control of their re-
spective properties on the basis of an
annual guaranteed compensation,
above accruing depreciation, and the
maintenance Of their properties,
equivalent, as nearly as may be, to
the average Of the net operating in
come thereof for the three-year
period ending June 80. 1917-the re-
suits of such negotiations to be re-
ported to me for such action as may
be appropriate and lawful.
Rights Are Protected.
'eBut nothing herein contained, ex-
messed or implied, or hereafter suf-
fered hereunder shall be deemed in
any way to impair the rights OF the
Stockholders. bondholders, creditors
and other persons having interest in
said systems of transportation or IN
the profits thereof. to receive just and
adequate compensation for the use
and control and operation or their
properly hereby assumed.
sRee1llar dividends hitherto de-
clared. and maturing interest upon
bonds. debentures and other obliga.
lions, may be paid in due course and
such regular dividends and interest
NAV continue to be paid until and
/ unless the said director shall from
time to time otherwise by general or
special orders determine; and. sub
iect to the approval of the director
| the various carriers may agree upon
and arrange for the renewal ana eN-
tension of maturing obligations
ssFryceut with the prior written as
80 ~ ,,a4a director no Judgment BIZ
Mesne process or on execution shall
he levied on or against any OF the
property or by any of the said trans
Dortatfon systems in the conduct or
their business as common carriers;
b11t suits may be brought by and
agatnst said carriers and judgments
rendered as hitherto. until and ex-
cent so far as said director may, by
general or special orders otherwise
sFrom and after 10 o'clock on said
twenty-eighth day Of December. 1917,
all transportation systems included
in this order and proclamation shall
| conclusively be deemed within the
possession and control of said direc-
tor without further act or notice.
But for the purpose of accounting
said possession and control sha4i
date from IL o'clock midnight on
I'm witness whereof. I have here
INTO set my hand and caused the
seal Of the United States to be ar
Done by the President, through
Newton ID. Baker. secretary OF war
in the District OF Columbia. this 18th
day Of December. in the year OF our
Lord, one thousand nine hundred and