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Granted to all per

sons in service under ments upon applica

SEO. 400. That in order to give to every commissioned officer and enlisted man and to every member of the Army Nurse Corps (female) War or Navy Depart and of the Navy Nurse Corps (female) when employed in active tion. service under the War Department or Navy Department greater protection for themselves and their dependents than is provided in Article III, the United States, upon application to the bureau and without medical examination, shall grant insurance against the death Limitations. or total permanent disability of any such person in any multiple of $500, and not less than $1,000 or more than $10,000, upon the payment of the premiums as hereinafter provided.

Premiums to be paid.

Time for making ap

Persons in service

Allowance if disabled.

SEC. 401. That such insurance must be applied for within one plications. hundred and twenty days after enlistment or after entrance into or employment in the active service and before discharge or resignation, except that those persons who are in the active war service at the time of the publication of the terms and conditions of such contract of insurance may apply at any time within one hundred and twenty days thereafter and while in such service. Any person in the active disabled or dying withservice on or after the sixth day of April, nineteen hundred and out applying. seventeen, who, while in such service and before the expiration of one hundred and twenty days from and after such publication, becomes or has become totally and permanently disabled or dies, or has died, without having applied for insurance, shall be deemed to have applied for and to have been granted insurance, payable to such person during his life in monthly installments of $25 each. If he cases. shall die either before he shall have received any of such monthly installments or before he shall have received two hundred and forty of such monthly installments, then $25 per month shall be paid to his wife from the time of his death and during her widowhood, or to his child, or widowed mother if and while they survive him: Provided, however, That not more than two hundred and forty of such monthly installments, including those received by such person during his total and permanent disability, shall be so paid; and in that event the amount of the monthly installments shall be apportioned between them as may be provided by regulations.

Allowance in death

Proviso.
Payments limited.

SEC. 402. That the director, subject to the general direction of the Form of policy. Secretary of the Treasury, shall promptly determine upon and pub

lish the full and exact terms and conditions of such contract of

Provisions for alter

insurance. The insurance shall not be assignable, and shall not be Nenassignable, etc. subject to the claims of creditors of the insured or of the beneficiary. It shall be payable only to a spouse, child, grandchild, parent, brother or sister, and also during total and permanent disability to the injured person, or to any or all of them. The insurance shall be payable in two hundred and forty equal monthly installments. Provisions for native policies. maturity at certain ages, for continuous installments during the life of the insured or beneficiaries, or both, for cash, loan, paid-up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable, may be provided for in the contract of insurance, or from time to time by regulations. All calculations shall be based upon the American Experience Table of Mortality and interest at three and one-half per centum per annum, except that no deduction shall be made for continuous installments during the life of the insured in case his total and permanent disability continues more than two hundred and forty months. Subject to regulations, the insured shall at all times have the right to change the beneficiary

Basis of premiums.

Beneficiaries.

Payment after death nated, etc.

or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries, but only within the classes herein provided. if no beneficiary desig- If no beneficiary within the permitted class be designated by the insured, either in his lifetime or by his last will and testament, or if the designated beneficiary does not survive the insured, the insurance shall be payable to such person or persons, within the permitted class of beneficiaries as would under the laws of the State of the residence of the insured, be entitled to his personal property in case of intestacy. If no such person survive the insured, then there shall be paid to the estate of the insured an amount equal to the reserve value, if any, of the insurance at the time of his death, calculated on the basis of the American Experience Table of Mortality and three and one-half per centum interest in full of all obligations under the contract of insurance.

Expenses borne by United States.

Premium rates.

Term insurance during the war.

Conversion after termination.

Conversion rights.

Jurisdiction in cases of disagreements as to claims.

stricted.

SEC. 403. That the United States shall bear the expenses of administration and the excess mortality and disability cost resulting from the hazards of war. The premium rates shall be the net rates based upon the American Experience Table of Mortality and interest at three and one-half per centum per annum.

SEC. 404. That during the period of war and thereafter until converted the insurance shall be term insurance for successive terms of one year each. Not later than five years after the date of the termination of the war as declared by proclamation of the President of the United States, the term insurance shall be converted, without medical examination, into such form or forms of insurance as may be prescribed by regulations and as the insured may request. Regulations shall provide for the right to convert into ordinary life, twenty payment life, endowment maturing at age sixty-two and into other usual forms of insurance and shall prescribe the time and method of payment of the premiums thereon, but payments of premiums in advance shall not be required for periods of more than one month each and may be deducted from the pay or deposit of the insured or be otherwise made at his election.

SEC. 405. That in the event of disagreement as to a claim under the contract of insurance between the bureau and any beneficiary or beneficiaries thereunder, an action on the claim may be brought against the United States in the district court of the United States in and for the district in which such beneficiaries or any one of them Attorney's fees re- resides. The court, as part of its judgment, shall determine and allow such reasonable attorney's fees, not to exceed ten per centum of the amount recovered, to be paid by the claimant on behalf of whom such proceedings are instituted to his attorney; and it shall be unlawful for the attorney or for any other person acting as claim agent or otherwise to ask for, contract for, or receive any other compensation because of such action. No other compensation or fee shall be charged or received by any person except such as may be authorized Punishment for vio- by the commissioner in regulations to be promulgated by him. Any

Fee restriction.

lations.

Army.

ant general.

isting emergency. Ante, p. 81.

person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offense, be fined not exceeding $500, or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the

court.

SEC. 3. That section eight of the Act entitled "An Act to authorize General and lieuten- the President to increase temporarily the Military Establishment of Ranks revived for ex- the United States," approved May eighteenth, nineteen hundred and seventeen, shall be held and construed to authorize the President, in accordance with the provisions of said Act and for the period of Appointments to be the existing emergency only, to appoint as generals the Chief of Staff and the commander of the United States forces in France; and as lieutenant general each commander of an army or army corps organ

made.

Provisos.

Pay and allowances.

Brigadier generals to

rals.

ized as authorized by existing law: Provided, That the pay of the grades of general and lieutenant general shall be $10,000 and $9,000 a year, respectively, with allowances appropriate to said grades as determined by the Secretary of War: And provided, That brigadier rank with rear admigenerals of the Army shall hereafter rank relatively with rear admirals of the lower half of the grade. And, hereafter, the chief of Chiefs of bureaus, any existing staff corps, department, or bureau, except as is other- erals. wise provided for the Chief of Staff, shall have the rank, pay, and allowances of major general.

Approved, October 6, 1917.

etc., made major gen

CHAP. 106.-An Act To define, regulate, and punish trading with the enemy, and for other purposes.

October 6, 1917.

[H. R. 4960.] [Public, No. 91.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known Trading with the Enas the "Trading with the enemy Act."

SEC. 2. That the word "enemy," as used herein, shall be deemed to mean, for the purposes of such trading and of this Act

emy Act.

Terms defined.
Enemy."

Persons residing in enemy country or trad

(a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occu- ing therein. pied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorpo- included. rated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory.

Foreign corporations

Government, offi

(b) The government of any nation with which the United States is cials, etc. at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof.

Other designated per

(c) Such other individuals, or body or class of individuals, as may sons. be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term enemy."

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The words "ally of enemy," as used herein, shall be deemed to

mean

"Ally of enemy."

Persons residing, or

(a) Any individual, partnership, or other body of individuals, of trading, in in country any nationality, resident within the territory (including that occu- thereof. pied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory.

any

(b) The government of any nation which is an ally of a nation with which the United States is at war, or any political or municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof.

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Other designated per

(c) Such other individuals, or body or class of individuals, as may sons. be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term "ally of enemy.'

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Trading in United

States with enemy or

thereof, without a license.

The word "person," as used herein, shall be deemed to mean an individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic.

The words "United States," as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof.

The words "the beginning of the war," as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war.

The words "end of the war," as used herein, shall be deemed to mean the date of proclamation of exchange of ratifications of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the "end of the war" within the meaning of this Act.

The words "bank or banks," as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doing business under the laws of the United States, or of any State of the United States.

The words "to trade," as used herein, shall be deemed to mean(a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation.

(b) Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action.

(c) Enter into, carry on, complete, or perform any contract, agreement, or obligation.

(d) Buy or sell, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property.

(e) To have any form of business or commercial communication or intercourse with.

SEC. 3. That it shall be unlawful

(a) For any person in the United States, except with the license ally, or for benefit of the President, granted to such person, or to the enemy, or ally of enemy, as provided in this Act, to trade, or attempt to trade, either directly or indirectly, with, to, or from, or for, or on account of, or on behalf of, or for the benefit of, any other person, with knowledge or reasonable cause to believe that such other person is an enemy or ally of enemy, or is conducting or taking part in such trade, directly or indirectly, for, or on account of, or on behalf of, or for the benefit of, an enemy or ally of enemy.

Transporting enemy or ally to or from a license.

(b) For any person, except with the license of the President, to United States without transport or attempt to transport into or from the United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or attempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen.

Unauthorized sending or receiving letters, except by mail.

(c) For any person (other than a person in the service of the United States Government or of the Government of any nation, except that of an enemy or ally of enemy nation, and other than such persons or classes of persons as may be exempted hereunder by the President or by such person as he may direct), to send, or take out of, or bring into, or attempt to send, or take out of, or bring into the United States, any letter or other writing or tangible form of communication, except in the regular course of the mail; Transmitting writ- and it shall be unlawful for any person to send, take, or transmit, etc., to enemy or ally. or attempt to send, take, or transmit out of the United States, any letter or other writing, book, map, plan, or other paper, picture, or any telegram, cablegram, or wireless message, or other form of com

ings, plans, messages,

Proviso.

Allowed if license therefor obtained.

tions to foreign coun

munication intended for or to be delivered, directly or indirectly, to an enemy or ally of enemy: Provided, however, That any person may send, take, or transmit out of the United States anything herein forbidden if he shall first submit the same to the President, or to such officer as the President may direct, and shall obtain the license or consent of the President, under such rules and regulations, and with such exemptions, as shall be prescribed by the President. Censoring for public (d) Whenever, during the present war, the President shall deem safety of communica that the public safety demands it, he may cause to be censored under tries. such rules and regulations as he may from time to time establish, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country he By vessels, etc. may from time to time specify, or which may be carried by any vessel or other means of transportation touching at any port, place, or territory of the United States and bound to or from any foreign Punishment for evacountry. Any person who willfully evades or attempts to evade the sions, using codes, etc. submission of any such communication to such censorship or willfully uses or attempts to use any code or other device for the purpose of concealing from such censorship the intended meaning of such communication shall be punished as provided in section sixteen Post, p. 425. of this Act.

Enemy insurance

To make

States.

in

United

Revocation, etc.

Provisos.

Notice to other comfuse or revoke a license,

panies, of intent to re

war by American com

SEC. 4. (a) Every enemy or ally of enemy insurance or reinsurance companies, etc. company, and every enemy or ally of enemy, doing business within for like applications the United States through an agency or branch office, or otherwise, business may, within thirty days after the passage of this Act, apply to the President for a license to continue to do business; and, within thirty days after such application, the President may enter an order either Character of license. granting or refusing to grant such license. The license, if granted, may be temporary or otherwise, and for such period of time, and may contain such provisions and conditions regulating the business, agencies, managers and trustees and the control and disposition of the funds of the company, or of such enemy or ally of enemy, as the President shall deem necessary for the safety of the United States; and any license granted hereunder may be revoked or regranted or renewed in such manner and at such times as the President shall determine: Provided, however, That reasonable notice of his intent to refuse to grant a license or to revoke a license granted to any reinsurance company shall be given by him to all insurance companies incorporated within the United States and known to the President Abrogation of conto be doing business with such reinsurance company: Provided fur- tracts made before the ther, That no insurance company, organized within the United States, wanby shall be obligated to continue any existing contract, entered into prior to the beginning of the war, with any enemy or ally of enemy insurance or reinsurance company, but any such company may abrogate and cancel any such contract by serving thirty days' notice in writing upon the President of its election to abrogate such contract. For a period of thirty days after the passage of this Act, and further pending the entry of such order by the President, after application made by any enemy or ally of enemy insurance or reinsurance company, within such thirty days as above provided, the provisions of Proclamations, pp. the President's proclamation of April sixth, nineteen hundred and 10, 40. seventeen, relative to agencies in the United States of certain insur- prohibitions. ance companies, as modified by the provisions of the President's proclamation of July thirteenth, nineteen hundred and seventeen, relative to me and war-risk insurance, shall remain in full force and effect so far as it applies to such German insurance companies, and the conditions of said proclamation of April sixth, nineteen hundred and seventeen, as modified by said proclamation of July thirteenth, nineteen hundred and seventeen, shall also during said period of thirty days after the passage of this Act, and pending the order of the President as herein provided, apply to any enemy or

Temporary continu

ance of German insur

ance companies.

War-risk and marine

No license for prohibited business.

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