APPENDIX. THE SHIPPING ACT (AS AMENDED) AND THE EMERGENCY SHIPPING ACT, WITH OTHER LAWS RELATING TO THE SHIPPING BOARD AND EMERGENCY FLEET CORPORATION. (Revised to Jan. 1, 1919.) UNITED STATES SHIPPING ACT, 1916. (39 Stat. L., 728.) CHAP. 451.-An act to establish a United States Shipping Board Sept. 7, 1916. (H. R. 15455.) for the purpose of encouraging, developing, and creating a Public No. naval auxiliary and naval reserve and a merchant marine to 260-64th Cong., meet the requirements of the commerce of the United States 1st sess. with its Territories and possessions and with foreign countries; 1916. to regulate carriers by water engaged in the foreign and interstate commerce of the United States; 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 used in this act: 66 Shipping act, "Common car merce. Proviso. com Ocean tramps The term common carrier by water in foreign com- Definitions: merce" means a common carrier, except ferryboats run- rier by water in ning on regular routes, engaged in the transportation by foreign water of passengers or property between the United States or any of its Districts, Territories, or possessions and a foreign country, whether in the import or export trade: Provided, That a cargo boat commonly called an ocean tramp shall not be deemed such common carrier excepted. by water in foreign commerce.' The term "common carrier by water in interstate com- "Common carmerce" means a common carrier engaged in the trans-interstate portation by water of passengers or property on the high merce." seas or the Great Lakes on regular routes from port to port between one State, Territory, District, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, District, or possession. The term "common carrier by water" means a common carrier by water in foreign commerce or a common carrier by water in interstate commerce on the high seas or the Great Lakes on regular routes from port to port. rier by water in com "Common carrier by water." "Other person subject to The term "other person subject to this act" means any person not included in the term "common carrier by act." water," carrying on the business of forwarding or furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier by water. The term "person" includes corporations, partnerships, and associations, existing under or authorized by "Person." this "Vessel." "Documented." Sec. 2. States." the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country. The term" vessel" includes all water craft and other artificial contrivances of whatever description and at whatever stage of construction, whether on the stocks or launched, which are used or are capable of being or are intended to be used as a means of transportation on water. The term "documented under the laws of the United States," means "registered, enrolled, or licensed under the laws of the United States." That within the meaning of this act no corporation, of partnership, or association shall be deemed a citizen of the United the United States unless the controlling interest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president and managing directors are citizens of the United States and the corporation itself is organized under the laws of the United States or of a State, Territory, District, or possession thereof. Controlling interest in corporations. Act to apply to receivers, assigns, etc. Sec. 3. Shipping Board created. The controlling interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to a majority of the stock thereof is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (b) if the majority of the voting power in such corporation is not vested in citizens of the United States; or (c) if through any contract or understanding it is so arranged that the majority of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or (d) if by any other means whatsoever control of the corporations is conferred upon or permitted to be exercised by any person who is not a citizen of the United States. The provisions of this act shall apply to receivers and trustees of all persons to whom the act applies, and to the successors or assignees of such persons That a board is hereby created, to be known as the United States Shipping Board, and hereinafter referred to as the board. The board shall be composed of five Appointment commissioners, to be appointed by the President, by and of, by President. with the advice and consent of the Senate; said board shall annually elect one of its members as chairman and one as vice chairman. Terms of of fice of commissioners. The first commissioners appointed shall continue in office for terms of two, three, four, five, and six years, respectively, from the date of their appointment, the term of each to be designated by the President, but their successors shall be appointed for terms of six years, exFilling of va- cept that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds. cancy. Qualifications The commissioners shall be appointed with due regard of commissioners. to their fitness for the efficient discharge of the duties |