(b) The interest of the mortgagee in a vessel of the United States covered by a mortgage, shall not be terminated by the forfeiture of the vessel for a violation of any law of the United States, unless the mortgagee authorized, consented, or conspired to effect the illegal act, failure, or omission which constituted such violation. Interest of mortgafor violation of law. gee if vessel forfeited Effect of sale by New mortgage, etc., (c) Upon the sale of any vessel of the United States covered by a order of court. preferred mortgage, by order of a district court of the United States in any suit in rem in admiralty for the enforcement of a maritime lien other than a preferred maritime lien, the vessel shall be sold free from all preexisting claims thereon; but the court shall, upon the request by purchaser. of the mortgagee, the libellant, or any intervenor, require the purchaser at such sale to give and the mortgagor to to accept a new mortgage of the vessel for the balance of the term of the original mortgage. The conditions of such new mortgage shall be the same, so far as practicable, as those of the original mortgage and shall be subject to the approval of the court. If such new mortgage is given, the mortgagee shall not be paid from the proceeds of the sale and the amount payable as the purchase price shall be held diminished in the amount of the new mortgage indebtedness. Effect on price. Approval, etc., of (d) No rights under a mortgage of a vessel of the United States assignments by Board. shall be assigned to any person not a citizen of the United States without the approval of the board. Any assignment in violation of any provision of this section shall be void. (e) No vessel of the United States shall be sold by order of a district court of the United States in any suit in rem in admiralty to any person not a citizen of the United States. MARITIME LIENS FOR NECESSARIES. Sales only to citizens. Maritime liens for necessaries. Persons entitled to. Enforcement. Authority to procure Subsection P. Any person furnishing repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, to any vessel, whether foreign or domestic, upon the order of the owner of such vessel, or of a person authorized by the owner, shall have a maritime lien on the vessel, which may be enforced by suit in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. Subsection Q. The following persons shall be presumed to have repairs, etc., presumed. authority from the owner to procure repairs, supplies, towage, use of dry dock or marine railway, and other necessaries for the vessel: The managing owner, ship's husband, master, or any person to whom the management of the vessel at the port of supply is intrusted. No person tortiously or unlawfully in possession or charge of a vessel shall have authority to bind the vessel. Chartered vessels, Subsection R. The officers and agents of a vessel specified in sub- etc. section Q shall be taken to include such officers and agents when appointed by a charterer, by an owner pro hac vice, or by an agreed purchaser in possession of the vessel; but nothing in this section shall be construed to confer a lien when the furnisher knew, or by exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs, supplies, or other necessaries was without authority to bind the vessel therefor. Restriction. Waiving of liens by Subsection S. Nothing in this section shall be construed to prevent agreement. the furnisher of repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, or the mortgagee, from waiving his right to a lien, or in the case of a preferred mortgage lien, to the preferred status of such lien, at any time, by agreement or otherwise; and this Rights not affected. section shall not be construed to affect the rules of law now existing in regard to (1) the right to proceed against the vessel for advances, (2) laches in the enforcement of liens upon vessels, (3) the right to proceed in personam, (4) the rank of preferred maritime liens among Existing mortgages not affected. Books, certificates, collectors. themselves, or (5) priorities between maritime liens and mortgages, other than preferred mortgages, upon vessels of the United States. Subsection T. This section shall supersede the provisions of all State statutes conferring liens on vessels, in so far as such statutes purport to create rights of action to be enforced by suits in rem in admiralty against vessels for repairs, supplies, towage, use of dry dock or marine railway, and other necessaries. MISCELLANEOUS PROVISIONS. Subsection U. This section shall not apply (1) to any existing mortgage, or (2) to any mortgage hereafter placed on any vessel now under an existing mortgage, so long as such existing mortgage remains undischarged. Subsection V. The Secretary of Commerce is authorized and directed etc., to be furnished to furnish collectors of customs with all necessary books and records, and with certificates of registry and of enrollment and license in such form as provides for the making of all indorsements thereon required by this section. Executory regula Subsection W. The Secretary of Commerce is authorized to make tions to be prescribed. such regulations in respect to the recording and indorsing of mortgages covering vessels of the United States, as he deems necessary to the efficient execution of the provisions of this section. Laws repealed. R. S., secs. 4192-4196, Vol. 36, p. 604, repealed. Subsection X. Sections 4192 to 4196, inclusive, of the Revised Statpp. 808, 809, repealed.' utes of the United States, as amended, and the Act entitled "An Act relating to liens on vessels for repairs, supplies, or other necessaries," approved June 23, 1910, are repealed. This section, however, so far as not inconsistent with any of the provisions of law so repealed, shall be held a reenactment of such repealed law, and any right or obligation based upon any provision of such law and accruing prior to such repeal, may be prosecuted in the same manner and to the same effect as if this Act had not been passed. R.S., sec, 4530, p.876, amended. Merchant seamen. Payments while in port. ed. SEC. 31. That section 4530 of the Revised Statutes of the United States is amended to read as follows: "SEC. 4530. Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to Vol.38,p.1165,amend which he belongs one-half part of the balance of his wages earned Provisos. Limitations ex tended. age. Vol. 38, p. 1165. Setting aside of release. and remaining unpaid at the time when such demand is made at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended, and all stipulations in the contract to the contrary shall be void: Provided, Such a demand shall not be made before the expiration of, nor oftener than once in, five days nor more than once in the same harbor on the same entry. Any failure on the part of the master to comply with this demand shall release the seaman from his contract and he shall In full at end of voy-be entitled to full payment of wages earned. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall be then due him, as provided in section 4529 of the Revised Statutes: Provided further, That notwithstanding any R.S., sec. 4552, p. 880. release signed by any seaman under section 4552 of the Revised Statutes any court having jurisdiction may upon good cause shown set aside such release and take such action as justice shall require: seamen in American And provided further, That this section shall apply to seamen on foreign vessels while in harbors of the United States, and the courts of the United States shall be open to such seamen for its enforcement." SEC. 32. That paragraph (a) of section 10 of the Act entitled "An Act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes," approved June 26, 1884, as amended, is hereby amended to read as follows: Applicable to foreign ports. Wages of seamen. Vol.38,p.1168.amended. etc., unlawful. Punishment for vio "SEC. 10. (a) That it shall be, and is hereby, made unlawful in Payment in advance, any case to pay any seaman wages in advance of the time when he." has actually earned the same, or to pay such advance wages, or to make any order, or note, or other evidence of indebtedness therefor to any other person, or to pay any person, for the shipment of seamen when payment is deducted or to be deducted from a seaman's wages. Any person violating any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25 nor more than $100, and may also be imprisoned for a period of not exceeding six months, at the discretion of the court. The payment of such advance wages or paid within or withallotment, whether made within or without the United States or ter- out United States territory subject to the jurisdiction thereof, shall in no case except as ritory. herein provided absolve the vessel or the master or the owner thereof from the full payment of wages after the same shall have been actually earned, and shall be no defense to a libel suit os action for the recov lations. Liability whether Punishment for re ery of such wages. If any person shall demand or receive, either ceiving pay from seadirectly or indirectly, from any seaman or other person seeking em- men for employment. ployment, as seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, he shall for every such offense be deemed guilty of a misdemeanor and shall be imprisoned not more than six months or fined not more than $500." SEC. 33. That section 20 of such Act of March 4, 1915, be, and is, amended to read as follows: "SEC. 20. That any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the commonlaw right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located." Vol.38,p.1185, amend ed. Injuries to seamen in service. Resulting in death. Jurisdiction of courts. Treaty restrictions on discriminatory customs and tonnage du SEC. 34. That in the judgment of Congress, articles or provisions in treaties or conventions to which the United States is a party, ties to be terminated. which restrict the right of the United States to impose discriminating customs duties on imports entering the United States in foreign vessels and in vessels of the United States, and which also restrict the right of the United States to impose discriminatory tonnage dues on foreign vessels and on vessels of the United States entering the United States should be terminated, and the President is hereby foreign Governments. authorized and directed within ninety days after this Act becomes law to give notice to the several Governments, respectively, parties to such treaties or conventions, that so much thereof as imposes any such restriction on the United States will terminate on the expiration of such periods as may be required for the giving of such notice by the provisions of such treaties or conventions. Notice to be given Delegation of powers SEC. 35. That the power and authority vested in the board by to Emergency Fleet this Act, except as herein otherwise specifically provided, may be Corporation." exercised directly by the board, or by it through the United States Shipping Board Emergency Fleet Corporation. Invalidity of any SEC. 36. That if any provision of this Act is declared unconsti- provision not to affect tutional or the application of any provision to certain circumstances remainder of Act. be held invalid, the remainder of the Act and the application of such provisions to circumstances other than those as to which it is held invalid shall not be affected thereby. General meaning of terms used in this Act. SEC. 37. That when used in this Act, unless the context otherwise requires, the terms "person," "vessel," "documented under the laws of the United States," and "citizen of the United States" shall Vol. 39, pp. 728, 729, have the meaning assigned to them by sections 1 and 2 of the "Shipping Act, 1916," as amended by this Act; the term "board" means the United States Shipping Board; and the term "alien" means any person not a citizen of the United States. Vol. 39, p. 729, amended. Controlling interest of corporations, etc., to SEC. 38. That section 2 of the Shipping Act, 1916, is amended to read as follows: "SEC. 2. (a) That within the meaning of this Act no corporation, be owned by citizens. partnership, or association shall be deemed a citizen of 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, but in the case of a corporation, association, or partnership operating any vessel in the coastwise trade the amount of interest required to be owned by citizens of the United States shall be 75 per centum. Coastwise trade. Controlling interest not deemed owned by citizens. Interests specified. Seventy-five percent interests not deemed owned by citizens. Interests specified. "(b) 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 corporation is conferred upon or permitted to be exercised by any person who is not a citizen of the United States. "(c) Seventy-five per centum of the interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to 75 per centum of its stock 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 75 per centum 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 more than 25 per centum of the voting power in such corporation 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 any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States. Receivers and trus- "(d) 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." tees included. Title. SEC. 39. That this Act may be cited as the Merchant Marine Act, 1920. Approved, June 5, 1920. June 5, 1920. (H. R. 11214.] [Public, No. 262.] Immigration. CHAP. 251.-An Act To amend the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes,' approved October 16, 1918. Be it enacted by the Senate and House of Representatives of the United Exclusion of alien States of America in Congress assembled, That section 1 of the Act entitled "An Act to exclude and expel from the United States aliens anarchists, etc. who are members of the anarchistic and similar classes," approved Vol.40,p.1012,amendOctober 16, 1918, is amended to read as follows: "That the following aliens shall be excluded from admission into the United States: 66 (a) Aliens who are anarchists; Classes of aliens excluded admission. Anarchists. (b) Aliens who advise, advocate, or teach, or who are members sition to all organized of or affiliated with any organization, association, society, or group, government. that advises, advocates, or teaches, opposition to all organized government; throw by force of Gov- Teaching, etc., over United "(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity or propriety of the unlawful Killing of officials. assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage; Damage to property. Writing, publishing, (d) Aliens who write, publish, or cause to be written or published, etc., matter advocat or who knowingly circulate, distribute, print, or display, or knowingly ing such acts, etc. cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter, advising, advocating, or teaching, opposition to all organized government, or advising, advocating or teaching: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage; 66 Members of associa (e) Aliens who are members of or affiliated with any organization, tions circulating, etc., association, society, or group, that writes, circulates, distributes, such matter. prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subdivision (d). assistance held to be advising, etc. Pecuniary, etc., To associations, etc., "For the purpose of this section: (1) the giving, loaning or promising of money or any thing of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning or promising of money or any thing of value as affiliating therewith. to any organization, association, society, or group, of the character above described shall constitute affiliation therewith; but nothing in sive. this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation." Approved, June 5, 1920. Definition not exclu CHAP. 252.-An Act Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $12,000,000 be, and the same hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be immediately available and to be expended under the direction of the Secretary of War and |