The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-02-16

property of the United States on June
30. 1877. the date on which the Prost-
dent took them over. and they there
upon became subject to such ezecu-
tive control as was specifically pro-
vided for In said joint resolution. that
10, the President. through the United
states Shipping Board or any board
or agency of the Government. was
empowered TO operate. lease, charter
and equip such vessels In any service
OF the United states or In any com
merce. foreign or coastwise." ana.
necessarily. to maintain them In re-
pair.
(s) NO LDGIsLATiON AUTHOR
icing THESE DEEPEN DANTs TO
SELL SHIPS OF THE UNITED
STATES HAS ANY APPLICATION
TO THESE SHIPS.
Such authority as the Shipping
Board and Emergency Fleet Corpora
ton originally had to sell vessels OF
the United States Is found In thu
original shipping act OF September Z.
1915 $50 Stats. 1881. and the Emerg-
ency Shipping fund provisions of the
urgent deficiencies appropriation act
approved June 10. 1917 (which pro-
vosions are known as Tho Emerg-
ency shipping act"). In section OF
the shipping act the board II aa-
thorixed to purchase and construct
vessels suitable for commercial re-
quiremonts as well as for use for
military and naval purposes; and In
section 6 the President IL authorix I'd
to transfer to the board such vessels
belonging to the army and navy as
are suitable for military uses and not
required for military and naval use
In time of peace. and also to trsns-
fer to II vessels owned by the Panama
Railway Company and not required
in its business. And. thereupon. II
is provided In section 8.
THAT when any vessel purchased
or constructed by or Transferred TO
the board az herein provided. and
owned by the United States, becomes.
In the opinion of the board. unfit FOR
the purposes Of this act, II shall be
appraised and sold at private - com
petitive sale after due advertisement.
free sfrom the conditions ara eestrte-
tions of this act"
Obviously that section By N very
terms has no application to the YES
sells In question. but 10 limited 70
those acquired under and found unnt
for the purposes of that act. More
over, even II It's terms were other
wise, It u not, as will be shown later.
In pari materia with the Joint rcsolu-
ton. - -...
It u assumed that tAe power
claimed by tho defendants 10 believed
by them to be found in brief and
obscurely placed provision OF the
emergency shipping act of June 10,
1917, which act empowered the Presi-
dent to place compulsory orders for
ships and material, to take over the
product Of shipbuilding plants. to &C
quire, construct, or requisition any
Industrial plant. to purchase and
reauisition or take over the title of
any ship constructed or undergoing
construction, and provides method of
making just compensation for all
property taken. Section 4 Of said
emergency shipping act Is as follows;
THE President may exercise
the power and authority hereby o.
invested in him and expend money
herein or hereafter appropriated
through such agent or agencies
as he shall determine from time
to time, Provided, that all moneys
turned over to the United States
Shipping Board Emergency Fleet
Corporation may be expended as
/ other moneys of said corporation
are now expended. All ships con-
SITuCteQ, puTCHdBcOs vi iC4ute'-
toned under authority herein, or
heretofore or hereafter acquired
by the United States. shall be
managed, operated, and disposed
of as the President may direct d.
II is assumed that the defendants
seek their authority in the conclud-
Ing sentence:
"All ships constructed. purchased
or requisitioned under authority
herein, or heretofore or hereafter &C
quired b., the United States, shall be
m annGed. operated, md disposed OF n
the President may direct"
Oh The Joint resolution In not In
pari materin with the shipping act Of
1915, nor with the emergency ship
ping act of June is, 1917.
The Joint resolution is not in pari
materia with the shipping act Of 1915
because obviously the joint resolution
and the shipping act have entirely diff
ferent purposes and entirely different
sub ect-m matters. They are separate
and distinct pieces of legislation. hav-
ing no reference or connection. the
one with the other.
The emergency shipping act Of June
Is, 1917, is, of course in pari materia
with the shipping act of 1916, Is in
deed an amendment of that act. and
enlarges 1t in order to make 1t more
effectively meet the shipping exigen
cies of the war: to that end charging
the powers Of the President as cen
ferred by the shipping act OF 1915. and
extending the scope of the enactment
The shipping act Of 1916 and the
emergency shipping act have a COM
mon purpose, a common subject-mat-
ter, are closely knit throughout, arc
but different parts Of the same lcgis.
lation. and are in pari materia.
Comparing, however. the joint res
olution with the emergency shipping
act, 1t will appear clearly that they
are not in pari materia, cannot be
construed together. and neither car
be affected by the other. This for the
following reasons:
THE joint resolution WINS an net
Of war; It's primary purpose WINS the
seizure Of the property Of the enemy
to punish him md cripple Mimi It's
purposes and it's consequences were
conhscNtory, penal, and hurtful to the
cnemy. On the other hnnd. the