BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
PROCLAMATION. July 22, 1918

Possession and Control of the Transportation System of the Boston, Cape Cod and New York Canal Company.

Whereas the Congress of the United States, in the exercise of the Constitutional authority vested in them, by joint resolution of the Senate and House of Representatives bearing date of April 6, 1917, resolved:

"That the state of war between the United States and the Imperial German Government which has thus been thrust upon the United States is hereby formally declared; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial German Government; and to bring the conflict to a successful termination gall of the resources of the country are hereby pledged by the Congress of the United States;"

And by joint resolution bearing date of December 7, 1917, resolved:

"That a state of war is hereby declared to exist between the United States of America and the Imperial and Royal Austro-Hungarian Government; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on a war against the Imperial and Royal Austro-Hungarian Government; and to bring the conflict to a successful termination all the resources of the country are hereby pledged by the Congress of the United States;"

And whereas it is, provided by section 1 of the act approved August [p.8554] 29, 1916, entitled "An act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes," as follows:

"The President in time of war is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion, as far as may be necessary, of all other traffic thereon, for the transfer or transportation of troops, war material, and equipment, or for such other purposes connected with the emergency as may be needful or desirable;"

And whereas it has now become necessary in the national defense to take possession and assume control of certain systems of transportation and to utilize the same, to the exclusion, as far as may be necessary, of other than war traffic thereon, for the transportation of troops, war material, and equipment therefor, and for other needful and desirable purposes connected with the prosecution of the war;

Now, Therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers vested in me by the foregoing resolutions and statute, and by virtue of all other powers thereto me enabling, do hereby, through Newton D. Baker, Secretary of War, take possession and assume control at 12:01 A. M. on the twenty-fifth day of July, 1918, of the following system of transportation and the appurtenances thereof, to wit; the canal and other property of the Boston Cape Cod and New York Canal Company, a corporation organized under the laws of the Commonwealth of Massachusetts, consisting of a ship canal extending from Cape Cod Bay to Buzzards Bay in Massachusetts, with all the appurtenances and equipment of said canal, including all the lands, easements, wharves, docks, buildings, tugs, barges, ships, boats, tackle, appliances, and all other property of whatsoever kind owned, leased, chartered, controlled or used by the said corporation in the maintenance and operation of said canal or in connection with the towage, pilotage, or anchorage of vessels passing through the same.

To the end that said system of transportation be utilized far the transfer and transportation of troops, war material, and equipment, to the exclusion so far as may be necessary of all other traffic thereon; and that so far as such exclusive use be not necessary or desirable such system of transportation be operated and utilized in the performance of such other services as the national interest may require and of the usual and ordinary operation of the said transportation system.

It is hereby directed that the possession, control, operation, and utilization of such transportation system, hereby by me undertaken, shall be exercised by and through William G. McAdoo, who has been duly appointed and designated Director General of Railroads. Said Director General may perform the duties imposed upon him, so long and to such extent as he shall determine, through the board of directors,. officers, and employees of said corporation; or through such other agents or agencies as he may from time to time appoint. Until and except so far as said Director General shall from time to time by general or special orders otherwise provide, the board of directors, officers, and employees of said corporation shall continue the usual and ordinary operation of said transportation system in the name of said corporation.

Until and except so far as said Director General shall from time to time otherwise by general or special orders determine, such system of transportation shall remain subject to all existing statutes of the United States and to all statutes and orders of regulating commissions of the Commonwealth of Massachusetts; but any orders, general or special, hereafter made by said Director General shall have paramount authority and be obeyed as such.

The Director General shall, as soon as may be after having assumed such possession and control, enter upon negotiations with the said corporation looking to an agreement for just and reasonable compensation for the possession, use and control of its property.

Except with the prior written assent of said Director General, no attachment by mesne process or on execution shall during Federal control be levied on or against any of the property of said corporation or used by said transportation system in the maintenance and operation of said canal while under Federal control; but suits may be brought by and against the said corporation and judgments rendered as hitherto until and except so far as said Director General may, by general or special orders, otherwise determine.

From and after 12:01 A.M., on said twenty-fifth day of July, 1918, the transportation system included in this order and proclamation shall conclusively be deemed within the possession and control of said Director General without further act or notice.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done by the President, through Newton D. Baker, Secretary of War, in the District of Columbia this 22nd day of July, in the year of our Lord one thousand nine hundred and eighteen, of the Independence of the United States the one hundred and forty-third.

SEAL.

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