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1205. Composition of the Council of National Defense.-That a Council of National Defense is hereby established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor. Sec. 2, act of Aug. 29, 1916 (39 Stat. 649).

1206. Duties of the Council of National Defense.- * * That it shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of extensive highways and branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation. * * Sec. 2, act of Aug. 29, 1916 (39 Stat. 649).

* Provided further, That in the expenditure of said moneys the exist ence of a state of war shall not be construed as enlarging the powers or duties of the Council of National Defense, but that such powers and duties shall remain as prescribed by the Act creating said council, approved August twentyninth, nineteen hundred and sixteen. Act of June 15, 1917 (40 Stat. 182).

1207. Rules and Regulations of the Council of National Defense.That the Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; See. 2, act of Aug. 29, 1916 (39 Stat. 650).

1208. Subordinate bodies of the Council of National Defense.- * and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed. Sec. 2, act of Aug. 29, 1916 (39 Stat. 650).

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That

1209. Advisory commission, Council of National Defense.the Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall

serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. Sec. 2, act of Aug. 29, 1916 (39 Stat. 649).

Reports

1210. Reports of the Council of National Defense, etc.shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a statement of the activities of the council and the agencies subordinate to it as is consistent with the public interest, including an itemized account of the expenditures made by the council or authorized by it, in as full detail as the public interest will permit: Provided, however, That when deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures and report the gross sums so authorized not itemized. Sec. 2, act of Aug. 29, 1916 (39 Stat. 650). The moneys here referred to are the appropriations for experimental work, etc., by the Council of National Defense. Subsequent appropriations for such work were regularly made. The provision for the fiscal year 1920 was by act of July 19, 1919 (41 Stat. 177).

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Ships and shipping-Continued,

End of emergency, 1279.

Emergency shipping fund provisions—

Power of President to obtain ships
during the World War, 1280.
Period of authority, 1281.
Compensation for property, 1282.
Priority of compulsory order, 1283.
Payment for ships, etc., out of funds

of War Department, 1284.

Ships and shipping-Continued.

Property of North German Lloyd and
Hamburg-American lines, 1285.

Inland water transportation facilities:
Transferred to War Department, 1286.
Disposal of, 1287.

Operated according to shipping laws,
etc., 1288.

Terminal facilities, 1289.
Investigations, etc., 1290.

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.

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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 sta*tioned, 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 wa made and given when it appears that the contract was fully performed. Curtis v. U. S., 34 Ct. Cls. 5.

1212. 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

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