WOODROW WILSON.

* * * * *

The text of the proclamation follows:

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 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, all 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 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

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 o'clock noon on the twenty-eighth

day of December, 1917, of each and every system of transportation and

the appurtenances thereof located wholly or in part within the

boundaries of the continental United States and consisting of

railroads, and owned or controlled systems of coastwise and inland

transportation, engaged in general transportation, whether operated

by steam or by electric power, including also terminals, terminal

companies and terminal associations, sleeping and parlor cars,

private cars and private car lines, elevators, warehouses, telegraph

and telephone lines and all other equipment and appurtenances

commonly used upon or operated as a part of such rail or combined

rail and water systems of transportation, to the end that such

systems of transportation be utilized for 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 systems

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 business and duties of common carriers.

It is hereby directed that the possession, control, operation and

utilization of such transportation systems hereby by me undertaken

shall be exercised by and through William G. McAdoo, who is hereby

appointed and designated Director-General of Railroads.

Said director may perform the duties imposed upon him, so long and to

such extent as he shall determine, through the boards of directors,

receivers, officers and employees of said systems of transportation.

Until and except so far as said director shall from time to time by

general or special orders otherwise provide, the boards of directors,

receivers, officers and employees of the various transportation

systems shall continue the operation thereof in the usual and

ordinary course of the business of common carriers, in the names of

their respective companies.

Until and except so far as said director shall from time to time

otherwise by general or special orders determine, such systems of

transportation shall remain subject to all existing statutes and

orders of the Interstate Commerce Commission, and to all statutes and

orders of regulating commissions of the various States in which said

systems or any part thereof may be situated. But any orders, general

or special, hereafter made by said director shall have paramount

authority and be obeyed as such.

Nothing herein shall be construed as now affecting the possession,

operation and control of street electric passenger railways,

including railways commonly called interurban, whether such railways

be or be not owned or controlled by such railroad companies or

systems. By subsequent order and proclamation, if and when it shall

be found necessary or desirable, possession, control or operation may

be taken of all or any part of such street railway systems, including

subways and tunnels, and by subsequent order and proclamation

possession, control and operation in whole or in part may also be

relinquished to the owners thereof of any part of the railroad

systems or rail and water systems, possession and control of which

are hereby assumed.

The director shall as soon as may be after having assumed such

possession and control enter upon negotiations with the several

companies looking to agreements for just and reasonable compensation

for the possession, use and control of the respective properties on

the basis of an annual guaranteed compensation, above accruing

depreciation and the maintenance of their properties, equivalent, as

nearly as may be, to the average of the net operating income thereof

for the three year period ending June 30, 1917--the results of such

negotiations to be reported to me for such action as may be

appropriate and lawful.

But nothing herein contained, expressed or implied, or hereafter done

or suffered hereunder, shall be deemed in any way to impair the

rights of the stockholders, bondholders, creditors and other persons

having interests in said systems of transportation or in the profits

thereof, to receive just and adequate compensation for the use and

control and operation of their property hereby assumed.

Regular dividends hitherto declared, and maturing interest upon

bonds, debentures and other obligations, may be paid in due course,

and such regular dividends and interest may continue to be paid until

and unless the said director shall from time to time otherwise by

general or special orders determine, and, subject to the approval of

the director, the various carriers may agree upon and arrange for the

renewal and extension of maturing obligations.

Except with the prior written assent of said director, no attachment

by mesne process or on execution shall be levied on or against any of

the property used by any of said transportation systems, in the

conduct of their business as common carriers; but suits may be

brought by and against said carriers and judgments rendered as

hitherto until and except so far as said director may, by general or

special orders, otherwise determine.

From and after 12 o'clock on said twenty-eighth day of December,

1917, all transportation systems included in this order and

proclamation shall conclusively be deemed within the possession and

control of said director without further act or notice, but for the

purpose of accounting said possession and control shall date from 12

o'clock midnight on December 31, 1917.

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 twenty-sixth day of December, in the

year of our Lord one thousand nine hundred and seventeen, and of

Independence of the United States the one hundred and forty-second.

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