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etc.

No increase in one And no civil employee in any of the executive departments or other year if employed in another department, Government establishments or who has been employed therein within the period of one year next preceding his proposed employment in any other executive department or other Government establishment and who may be employed in another executive department or other Government establishment shall be granted an increase in compensation within the period of one year following such Emergency Fleet Cor- reemployment: Provided, That the United States Shipping Board Emergency Fleet Corporation shall be considered a Government establishment for the purposes of this section: Provided further, That this section shall not be construed to repeal section five of the Act of June twenty-second, nineteen hundred and six, which prohibits the transfer of employees from one department to another.

Provisos.

poration included.

Transfer restrictions

not repealed. Vol. 34, p. 449.

Increased pay allowed piecework employees.

lowance.

SEC. 8. That in determining the right of employees to increased Computation of al- compensation as heretofore authorized by law at rates of five and ten per centum per annum for the fiscal year nineteen hundred and eighteen, such employees as are employed on piecework, by the hour, or at per diem rates, shall be entitled to receive, from July first, nineteen hundred and seventeen, to June thirtieth, nineteen hundred and eighteen, inclusive, the increased compensation at the rate of ten per centum when the fixed rate of compensation for the regular working hours and on the basis of three hundred and twelve days in said year would amount to less than $1,200, and at the rate of five per centum when not less than $1,200 and not more than Not applicable to $1,800: Provided, That this method of computation shall not apply to any per diem employees regularly paid a per diem for every day in the year.

Proviso.

annual per diem employees.

Double salary restriction.

District of Columbia

night and vacation schools not affected.

SEC. 9. That section six of the legislative, executive, and judicial appropriation Act, approved May tenth, nineteen hundred and sixteen, as amended by the naval appropriation Act, approved August Vol. 39, pp. 120, 582. twenty-ninth, nineteen hundred and sixteen, shall not apply to teachers in the public schools of the District of Columbia who are also employed as teachers of night schools and vacation schools. Approved, October 6, 1917.

October 6, 1917.

[S. 2203.]

[Public, No. 65.]

Customs.

granted immediaté

leges.

CHAP. 80.-An Act For the establishment of Northgate, in the State of North Dakota, as a port of entry for immediate transportation without appraisement of dutiable merchandise.

Be it enacted by the Senate and House of Representatives of the United Northgate, S. Dak., States of America in Congress assembled, That the privileges of the transportation privi- first section of the Act approved June tenth, eighteen hundred and eighty, governing the immediate transportation of dutiable merchandise without appraisement, be, and are hereby, extended to the port of Northgate, in the State of North Dakota. Approved, October 6, 1917.

Vol. 21, p. 173.

October 6, 1917.

[S. 2883.]

[Public, No. 66.]

Army.

amended.

CHAP. 81.-An Act Making further provision for the allotment of pay of officers, enlisted men, and civilian employees of the Army, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Vol. 30, p. 981, States of America in Congress assembled, That section sixteen of the Act of Congress approved March second, eighteen hundred and ninety-nine, entitled "An Act for increasing the efficiency of the Army of the United States, and for other purposes," as amended by

Vol. 31, p. 896.

the Act of March second, nineteen hundred and one, be, and the same is hereby, amended as follows:

Allotment of pay.

active duty and civil

abroad.

"The Secretary of War is hereby authorized to permit, under such Extended to officers regulations as he may prescribe, any officer or enlisted man on the and enlisted men on active list of the Army, any retired officer or enlisted man of the ians in military service Army on active duty, and any permanent civilian employee under the jurisdiction of the War Department on duty outside of the continental limits of the United States, to make allotments of his pay for the support of his wife, children, or dependent relatives, or for Credit allowed for such other purposes as the Secretary of War may deem proper. All payments to designated allottees allotments of pay of officers, enlisted men, and civilian employees af discos prior to notice of discontinuance. that have been or shall be paid to designated allottees previous to the receipt by disbursing officer of notice of discontinuance of the same from the officer required by regulations to furnish such notice shall pass to the credit of the disbursing officer who has made or shall make such payments; and, if erroneous payment is made neous payments. because of the failure of an officer to report, in the manner prescribed by the Secretary of War, the death of the grantor, or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Quartermaster General from the officer who fails to make such report, if such collection is practicable. Nothing herein shall be construed to invalidate allotments now valid. in force."

Approved, October 6, 1917.

CHAP. 82.-An Act To authorize the construction, maintenance, and operation of a bridge across Little River, in Poinsett County, Arkansas, at or near the section line between sections thirty-five and thirty-six, township eleven north, range six

east.

Collection of erro

Existing allotments

October 6, 1917. [8.2938.]

[Public, No. 67.]

Little River. Poinsett County, Ark., may bridge.

Location.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Poinsett County, Arkansas, is hereby authorized to construct, maintain, and operate a bridge and approaches thereto across Little River, a tributary to Saint Francis River, at a point suitable to the interests of navigation, at or near the section line between sections thirty-five and thirty-six, township eleven north, range six east, fifth principal meridian, in Poinsett County, in the State of Arkansas, in accordance Construction. with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March twentythird, nineteen hundred and six.

Vol. 34, p. 84.

SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, October 6, 1917.

CHAP. 83.-An Act To prohibit the manufacture, distribution, storage, use, and possession in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use, and possession of the same, 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 the United States is at war it shall be unlawful to manufacture, distribute, store, use, or possess powder, explosives, blasting supplies, or ingredients thereof, in such manner as to be detrimental to the public safety, except as in this Act provided.

October 6, 1917. [H. R. 3932.] [Public, No. 68.]

Explosives. Manufacture, etc., restricted in time of war.

"Explosive" and

"explosives."

SEC. 2. That the words "explosive" and "explosives" when used herein shall mean gunpowders, powders used for blasting, all forms of Articles included as. high explosives, blasting materials, fuses, detonators, and other detonating agents, smokeless powders, and any chemical compound or me

chanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by det. onation of, or any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb, but shall not include small arms for or shotgun cartridges: Provided, That nothing herein contained shall Government use, etc., be construed to prevent the manufacture, under the authority of the Government, of explosives for, their sale to or their possession by, the military or naval service of the United States of America.

Proviso.
Manufacture

not affected.

"Ingredients."

Materials includedas.

"Person."

Extension of term.

Unauthorized possession, etc., forbidden.

Provisos.

lowed.

Licensed use

at

SEC. 3. That the word "ingredients" when used herein shall mean the 'materials and substances capable by combination of producing one or more of the explosives mentioned in section one hereof.

SEC. 4. That the word "person," when used herein, shall include States, Territories, the District of Columbia, Alaska, and other de. pendencies of the United States, and municipal subdivisions thereof, individual citizens, firms, associations, societies and corporations of the United States and of other countries at peace with the United States.

SEC. 5. That from and after forty days after the passage and approval of this Act no person shall have in his possession or purchase, accept, receive, sell, give, barter or otherwise dispose of or procure Ingredients in small explosives, or ingredients, except as provided in this Act: Provided, quantities, etc., al- That the purchase or possession of said ingredients when purchased or held in small quantities and not used or intended to be used in the manufacture of explosives are not subject to the provisions of this mines, quarries, etc., Act: Provided further, That the superintendent, foreman, or other for workmen allowed. duly authorized employee, at a mine, quarry, or other work, may, when licensed so to do, sell or issue, to any workman under him, such an amount of explosives, or ingredients, as may be required by that workman in the performance of his duties, and the workman may purchase or accept the explosives, or ingredients, so sold or issued, but the person so selling or issuing same shall see that any unused explosives, or ingredients, are returned, and that no explosives, or ingredients, are taken by the workman to any point not necessary to the carrying on of his duties.

Restrictions.

Interstate transportation not affected.

Manufacture without license forbidden.

Licenses.

Information required

licensees.

cepted.

SEC. 6. That nothing contained herein shall apply to explosives or ingredients while being transported upon vessels or railroad cars in conformity with statutory law or Interstate Commerce Commission rules.

SEC. 7. That from and after forty days after the passage of this Act no person shall manufacture explosives unless licensed so to do, as hereinafter provided.

SEC. 8. That any licensee or applicant for license hereunder shall from applicants and furnish such information regarding himself and his business, so far as such business relates to or is connected with explosives or ingredients Secret processes ex- at such time and in such manner as the Director of the Bureau of Mines, or his authorized representative, may request, excepting that those who have been or are at the time of the passage of this Act regularly engaged in the manufacture of explosives shall not be compelled to disclose secret processes, costs, or other data unrelated to the distribution of explosives.

Itemized records to be kept by licensees.

SEC. 9. That from and after forty days after the passage and approval of this Act every person authorized to sell, issue, or dispose of explosives shall keep a complete itemized and accurate record, showing each person to whom explosives are sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explosives, and the date of each such sale, gift, barter, or other disposition; and this record shall be sworn to and furnished to the

Director of the Bureau of Mines, or his authorized representatives, whenever requested.

SEC. 10. That the Director of the Bureau of Mines is hereby authorized to issue licenses as follows:

(a) Manufacturer's license, authorizing the manufacture, possession, and sale of explosives and ingredients.

(b) Vendor's license, authorizing the purchase, possession, and sale of explosives or ingredients.

(c) Purchaser's license, authorizing the purchase and possession of explosives and ingredients.

Classes of licenses.

Manufacturer's.

Vendor's.

Purchaser's.

(d) Foreman's license, authorizing the purchase and possession of Foreman's. explosives and ingredients, and the sale and issuance of explosives and ingredients to workmen under the proviso to section five above.

(e) Exporter's license, authorizing the licensee to export explo- Exporter's. sives, but no such license shall authorize exportation in violation of any proclamation of the President issued under any Act of Congress.

Importer's.

(f) Importer's license, authorizing the licensee to import explosives. (g) Analyst's, educator's, inventor's, and investigator's licenses Technical, etc. authorizing the purchase, manufacture, possession, testing, and disposal of explosives and ingredients.

Issue by Director of

SEC. 11. That the Director of the Bureau of Mines shall issue Mines Bureau. licenses, upon application duly made, but only to citizens of the United States of America, and to the subjects or citizens of nations that are at peace with them, and to corporations, firms, and associations thereof, and he may, in his discretion, refuse to issue a license, Discretionary refusal. when he has reason to believe, from facts of which he has knowledge or reliable information, that the applicant is disloyal or hostile to the United States of America, or that, if the applicant is a firm, association, society, or corporation, its controlling stockholders or members are disloyal or hostile to the United States of America. The director may, when he has reason to believe on like grounds that any licensee is so disloyal or hostile, revoke any license issued to him. Any applicant to whom a license is refused or any licensee whose National Defense on license is revoked by the said director may, at any time within thirty days after notification of the rejection of his application or revocation of his license, apply for such license or the cancellation of such revocation to the Council of National Defense, which shall make its order upon the director either to grant or to withhold the license.

Revocation.

Appeals to Council of refusal, etc.

Applications.
Sworn statement re-

SEC. 12. That any person desiring to manufacture, sell, export, import, store, or purchase explosives or ingredients, or to keep explo- quired in. sives or ingredients in his possession, shall make application for a license, which application shall state, under oath, the name of the applicant; the place of birth; whether native born or naturalized citizen of the United States of America; if a naturalized citizen, the date and place of naturalization; business in which engaged; the amount and kind of explosives or ingredients which during the past six months have been purchased, disposed of, or used by him; the amount and kind of explosives or ingredients now on hand; whether sales, if any, have been made to jobbers, wholesalers, retailers, or consumers; the kind of license to be issued, and the kind and amount of explosives or ingredients to be authorized by the license; and such further information as the Director of the Bureau of Mines may, by rule, from time to time require.

Officers authorized to

Applications for vendor's, purchaser's, or foreman's licenses shall administer oaths. be made to such officers of the State, Territory, or dependency having jurisdiction in the district within which the explosives or ingredients are to be sold or used, and having the power to administer oaths as may be designated by the Director of the Bureau of Mines, who shall issue the same in the name of such director. Such officers shall be entitled to receive from the applicant a fee of 25 cents for

Fees, records, etc.

each license issued. They shall keep an accurate record of all licenses issued in manner and form to be prescribed by the Director of the Bureau of Mines, to whom they shall make reports from time to time as may be by rule issued by the director required. The necessary blanks and blank records shall be furnished to such officers by the Removal of licensing said director. Licensing officers shall be subject to removal for cause by the Director of the Bureau of Mines, and all licenses issued by them shall be subject to revocation by the director as provided in section eleven.

officers, etc.

Ante, p. 387.

inspec

Explosives

tors.

ized.

Pay, details, etc.

SEC. 13. That the President, by and with the advice and consent Appointment author- of the Senate, may appoint in each State and in Alaska an explosives inspector, whose duty it shall be, under the direction of the Director of the Bureau of Mines, to see that this Act is faithfully executed and observed. Each such inspector shall receive a salary of $2,400 per annum. He may at any time be detailed for service by said director in the District of Columbia or in any State, Territory, or dependency Administrative em- of the United States. All additional employees required in carrying out the provisions of this Act shall be appointed by the Director of the Bureau of Mines, subject to the approval of the Secretary of the Interior.

ployees.

Specified unlawful licenses.

SEC. 14. That it shall be unlawful for any person to represent himacts connected with self as having a license issued under this Act, when he has not such a license, or as having a license different in form or in conditions from the one which he in fact has, or without proper authority make, cause to be made, issue or exhibit anything purporting or pretending to be such license, or intended to mislead any person into believing it is such a license, or to refuse to exhibit his license to any peace officer, Federal or State, or representative of the Bureau of Mines.

Unauthorized

di

vulging of information forbidden.

Distinctive marking of premises.

Unauthorized pres

forbidden.

SEC. 15. That no inspector or other employee of the Bureau of Mines shall divulge any information obtained in the course of his duties under this Act regarding the business of any licensee, or applicant for license, without authority from the applicant for license or from the Director of the Bureau of Mines.

SEC. 16. That every person authorized under this Act to manufacture or store explosives or ingredients shall clearly mark and define the premises on which his plant or magazine may be and shall conspicuously display thereon the words "Explosives-Keep Off." SEC. 17. That no person, without the consent of the owner or his ence at premises, etc., authorized agents, except peace officers, the Director of the Bureau of Mines and persons designated by him in writing, shall be in or upon any plant or premises on which explosives are manufactured or stored, or be in or upon any magazine premises on which explosives Discharging firearms, are stored; nor shall any person discharge any firearms or throw or place any explosives or inflammable bombs at, on, or against any such plant or magazine premises, or cause the same to be done.

etc.

Effective rules, etc., to be made.

Punishment for vio

lations.

Investigations to be made of all explosions and fires.

fied.

etc.

SEC. 18. That the Director of the Bureau of Mines is hereby authorized to make rules and regulations for carrying into effect this Act, subject to the approval of the Secretary of the Interior.

SEC. 19. That any person violating any of the provisions of this Act, or any rules or regulations made thereunder, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment not more than one year, or by both such fine and imprisonment.

SEC. 20. That the Director of the Bureau of Mines is hereby authorized to investigate all explosions and fires which may occur in mines, quarries, factories, warehouses, magazines, houses, cars, Localities, etc., speci- boats, conveyances, and all places in which explosives or the ingredients thereof are manufactured, transported, stored, or used, Report of findings, and shall, in his discretion, report his findings, in such manner as he may deem fit, to the proper Federal or State authorities, to the end that if such explosion has been brought about by a willful act the

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