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

I the Congressional Record. pages 1919
1914 The report and the debates
, clearly reflect the intention OF CON
gress. TO be that these vessels seissd
from the enemy were 70 be distinguish
ed from vessels controlled by = inc
Shipping Board. and were TO remain
undisposed of until Congress should
otherwise specially provide. 30 far
As the emergency shipping act IN
concerned. there was no published re-
port upon Il.
IL was incongruously, ana over ths
protest OF the Commerce Committee
where IL belonged. placed In ths
urgent deficiencies appropriations
act, the purpose being. SO IL was ,'me
and again said by the committee
members having the bill In charge. TO
get an expedient enlargement OF IN"
scope of the shipping act of 1915, TO-
gether with q sufficiently large Ip-
propriations. Enemy property WAS
not referred to in the debate In either
House, and there. can be no reason
able doubt that II occurred 10 no
member of either House that TINS
general. provision would ever be as.
serted as authority for the sale OF
these ships.
ARE sUBJECr To SALE by THE
THAT CONGRESS- HAS GIVEN THE
BOARD UNLIMITED AUTHORITY 10
MAKE THE SALE UNREGULATED
BY CONGRESS IN ANY RESPDCT
WHATEVER THE BOARD MAJ
SELL THEM PRIVATELY, EVEN SE-
CRETLYp TO wHOMsOEVER THEY
! PI.EAsE, FOR WHATEVER SUN
THEY PLEASE, TO AN ALIEN ~
THEY PLEASE, EVEN TO AN ALIEN
L LID
SLOW To IMPUTE SUCH UNWis-
DOM TO CONGRESS-.
The board has a broad power to sell
vessels acquired under the shipping
Act so broad that even when limited
| to those vessels its further retention
10 of doubtful wisdom. Certainty such
la power should never be extended BY
| construction. II the board had the
broad power claimed by II under the
! emergency shipping act to se the yes
sells taken over by the Joint resolution
| Of May IL. 1917, II could BY the exer-
else of the power which II assumes to
have sell every batticship belonging
TO the United States, and could thero-
| by sweep the American nag froo
the seas. Doubtless II WIN ~ 81 -
the board that its judgment - -
| cretion may be trusted B9e soco
powers as the board contendS for
Il
Congregational regulation. restriction
| and guidance.
It has been said that II the board
should sell these vessels II would at
tach to the sale condition that the
vessels should always remain in Amer
lean ownership: but even X the board
could be SO entrusted, q breach or such
a condition subsequent. while giving
rise to an action. would not invalidate
/ hA n
American flag.
TT APPEARs THAT CONGRESS
DOES NOT ASSUME THAT THE
SHIPPING BOARD HAS THE
AUTHORITY TO SELL THESE
| VESSELS, As IT'S PROCEED
| INGs SHOW THAT TT IS NOW
ENGAGED IN AN INVESTIGATION
AND DISCUSSION LOOKING TO THE
| ESTABLISHMENT OF A POLICY
FOR THE FUTURE REGULATION
AND CONTROL Or THESE YES
THATTwTTHIN tfHE LfBQ THREE
DAYS SENATOR'S OFF THE COM
MERGE COMMITTEE. AND OTHERS,
HAVE GIVEN UNANIMOUS Eek
PRESTON ON THE FLOOR OF THE
SENATE TO THE VIEW THAT THE
BOARD HAS NO POWER TO SELL
THESE SHIPS. ..t.
| COncluaf0n.
The future Of these vessels should
be subject to whatever policy Con-
gress, as a result Of its present de-
liberations, shall adopt in. it's effort
to restore our flag to the seas and
at the same time to provide an es-
sential adjunct to our national de-
tense.
Even IL Congress in the enactment
of wartime legislation designed to
give to the Executive Authority all
Tneedful power had. under such i'm
pulse. conferred upon the Shipping
Board in clear and unmistakable
language the power to dispose OF
these ships, nevertheless, inasmuch
as the war is. now over in all but
a legalistic sense and inasmuch as
the entire question Of our merchant
marine Is before Congress for its
resolution. 1t would seem to be sheer
presumption upon the part of the
Shipping Board to undertake to exert