quiring the removal of undue dis- | Interstate Commerce Commission to crimination. A decision having an indirect bearing upon the Arkansas rate situation was rendered by the U. S. Supreme Court on May 21. The Court upheld the contention that the two-cent passenger fare established by law in 1907 and certain freight rates ordered by the Arkansas Railroad Commission were confiscatory. The Court referred to a decision of the Interstate Commerce Commission (39 I. C. C. Repts. 256, 265) in which the Commission stated that "the present unduly low rates within Arkansas are due at least in part to the attempt of the Railroad Commission of Arkansas to protect Arkansas shippers and build up Arkansas jobbing centers." The dispute centering about the Illinois two-cent passenger fare act has been appealed to the U. S. Supreme Court. Arguments were made before the Court during October. (3) Private-Car Demurrage Decision (Swift and Co. vs. Hocking Valley R. R. Co., U. S. Supreme Court, March 6, 1917).-The effort of the packing company to overthrow the private-car demurrage rule established by the Interstate Commerce Commission in the Procter & Gamble demurrage case was not sustained. The Commission's ruling was upheld. (4) Land Grant Decision (Oregon & California Railway Co. et al., vs. U. S., U. S. Supreme Court, April 23, 1917). It was held that the extensive public land grants that had been made to carriers in Oregon and Washington (4. Y. B., 1916, p. 272) must be returned to the United States upon payment by the Government of $2.50 The ruling was adverse to the carriers because the carriers had not disposed of their lands to actual settlers in accordance with the manner contemplated in the original grants. The constitutionality of the Ferris Act providing for the condemnation of land grants was upheld. per acre. (5) Tank-Car Case (U. S. and I. C. C. vs. Pennyslvania R. R. Co., U. S. Supreme Court, Dec. 11, 1916).— The Supreme Court affirmed the decree of the U. S. District Court for the Western District of Pennsylvania which had denied the power of the require carriers, upon reasonable request, to provide all the tank cars necessary for handling the normal oil traffic. The Court regarded tank cars as "vehicles of a special type having no reference to the safety of transportation," and consequently not within the general requirements concerning equipment contained in the Interstate Commerce Act. (6) Indiana Headlight Law (Vandalia R. R. Co. vs. Public Service Commission of Indiana, U. S. Supreme Court, Dec. 11, 1916).—The constitutionality of the Indiana locomotive-headlight law as amended in 1909 and applied by the state Commission in 1910 was affirmed in a case that had been appealed from the Supreme Court of Indiana. (7) Lehigh Valley Lake Line Decision (U. S. Supreme Court, March 26, 1917).-The Lehigh Valley Railroad, having been ordered by the Interstate Commerce Commission to dispose of its lake line under the provisions of the Panama Canal Act, (A. Y. B., 1916, p. 547), appealed to the U. S. Supreme Court for a reversal. The Court, however, upheld the statute and the Interstate Commerce Commission's order. (8) Mississippi Railroad Commission vs. Mobile & Ohio R. R. (U. S. Supreme Court, June 4, 1917).— When in 1914 the Mobile and Ohio Railroad took off a number of passenger trains because excessive cost the state Railroad Commission endeavored to force their return. The U. S. Supreme Court, however, ruled that railroads may take off passenger trains as measures of necessary economy forced upon them by war conditions. (9) American Express Co. vs. United States Horse Shoe Co. (U. S. Supreme Court, May 21, 1917).—In this decision the U. S. Supreme Court upheld the release-valuation clause contained in express receipts and reversed the judgment of the Supreme Court of Pennsylvana. (10) Norfolk Southern R. R. Co. vs. W. C. Chatman (U. S. Supreme Court, May 21, 1917).-It was held that a railroad is liable for injury to a livestock caretaker even though the latter has signed the usual "re lease for man or men in charge" con- | States of interstate or foreign comtained in the customary Uniform Livestock Contract. (11) Missouri Pacific Ry. Co. vs. McGrew Coal Co. (U. S. Supreme Court, May 21, 1917).-The decision of the Supreme Court of Missouri upholding the validity of the Missouri long-and-short-haul statute was affirmed by the U. S. Supreme Court. FEDERAL RAILROAD LEGISLATION Car Service Amendment.-The continued freight-car shortage and freight terminal congestion resulted in the amendment of Section 1 of the Interstate Commerce Act by an act of May 29, 1917, conferring stringent powers upon the Commission. When ever the Commission believes that immediate action is needed it may, either upon complaint or its own initiative, and "with or without notice, hearing or the making or filing of a report," suspend any car-service rules then in effect and instead issue whatever directions concerning car service it may deem to be in the public interest. The Commission is also specifically instructed, after hearing, "to establish reasonable rules, regulations and practices with respect to car service." The Priority Amendment.-Believing that the car-service powers conferred upon the Interstate Commerce Commission would not be sufficient entirely to overcome the difficulties encountered in the freight service, Congress further amended (act of Aug. 10, 1917) Section 1 of the Interstate Commerce Act by providing that during the continuance of the war in Europe the President may for purposes of national defense and security direct that certain kinds of traffic shall have preference or priority in transportation, whether by rail, water or otherwise. Such directions may be issued directly or through the Interstate Commerce Commission or any person or persons designated by the President. Accordingly, the President has since appointed Judge Robert S. Lovett as Priority Director. This act also penalizes all interferences during the war with the orderly conduct of movement in the United merce or the make-up or movement or dispatch of trains, locomotives or cars by physical force, intimidation or threats. Commission Organization Amendment.-The Interstate Commerce Act was amended by act of Aug. 9, 1917, in several important respects. The Commission's membership was increased to nine. It may divide its members into as many "divisions" as it deems necessary, and each division may perform any work assigned to it by the Commission. "In respect thereof the division shall have all the jurisdiction and powers now or then conferred by law upon the Commission, and be subject to the same duties and obligations." proceedings relating to the reasonableness of rates or discriminations, however, at least three members must participate, and valuation proceedings require the participation of at least five members. In October, the Commission announced the creation of three divisions. In The work of the Commission was further expedited as follows: ceedings in such manner as will best The Commission may conduct its proconduce to the proper dispatch of business and to the ends of justice. The Commission shall have an official seal, which shall be judicially noticed. Any member of the Commission may administer oaths and affirmations and sign subpoenas. A majority of the Commission shall constitute à quorum for the transaction of business, except as may be otherwise herein provided, but no commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. The Commission may, from time to time, make or amend sich general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division of the Commission, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before the Commission or any division thereof and be heard in person or by attorney. Every vote and official act of the Commission, or of any division thereof, shall be entered on record, and its proceedings shall be public upon the request of any party interested. The method of bringing about rate increases was changed in Section 4 of this act by providing that until Jan. 1, 1920, “no increased rate, fare, The charge, or classification shall be filed | ercising powers granted to him by except after approval thereof has been Congress on August 29, 1916, appointsecured from the Commission." The ed Mr. W. G. McAdoo, DirectorCommission may grant approval General of American railroads. without formal hearing, but it is President also stated that upon the obliged to examine every proposed ad- reassembling of Congress he would vance before the tariffs are filed (see recommend (1) that the railroad also Rulings of the Interstate Com- properties be maintained during merce Commission, supra). the period of Federal control in as good repair and as complete equipment as when taken over by the Government; (2) that regular dividends hitherto declared and maturing interest upon bonds, debentures and other obligations be paid in due course, and such regular dividends and interest may continue to be paid until and unless the director-general shall otherwise determine; and (3) that the roads shall receive a net operating income equal in each case to the average net income of the three years preceding June 30, 1917. Joint Committee on Railroad Legislation. The Congressional investigating committee authorized under a joint resolution of July 20, 1916 (A. Y. B., 1916, p. 549) and continued by resolution of Jan. 15, 1917, was continued by the Urgent Deficiency Appropriation Act of Oct. 6, 1917, until December, 1918. Public Utilities War Taxes.-Under the War Revenues Act of Oct. 3, 1917, a three per cent. tax is imposed upon railroad freight rates; one per cent. for each 20 cents on sums paid to express companies and for motor transportation operated in competition with rail or water carriers; eight per cent. on passenger tickets, exclusive of commutation or season tickets for trips of less than 30 miles and of fares under 35 cents; 10 per cent. on parlor car, stateroom and sleeping-car tickets; five per cent. on rates paid for oil pipe-line transportation; and five cents on telephone, telegraph or wireless messages where the toll exceeds 15 cents. These war taxes became effective on Nov. 1 (see also XIII, Public Finance). The railroads were placed under the control of the director-general on December 28, 1917. His first order to the railroad companies was as follows: Having assumed the duties imposed upon me by and in pursuance of the proclamation of the President, dated December 26, 1917, you will, until otherwise ordered, continue the operation of your road in conformity with said procfamation. You are requested to make every possible effort to increase efficiency and to move traffic by the most convenient and expeditious routes. I confidently count upon your hearty cooperation. It is only through united unselfish Director-General of Railroads.-On effort, service and effective work that this war can be won and December 27, 1917, the President, ex-America's future be secured. BIBLIOGRAPHY American Commerce Association.-The in Railroad Prob Bonds: Their Rights and Remedies. JONES, G. M.-"Pilotage in the United National Foreign Trade Council.-Ocean XX. ENGINEERING CIVIL ENGINEERING FRANK C. WIGHT fession threw itself with characteristic vigor. A secondary stimulus was noticeable in factory construction to take care of increased orders directly traceable to the war. General Conditions.-Civil engineer- | into this work the engineering proing was surprisingly active in 1917 in spite of the retarding influence of the war. Two mutually counteracting conditions were apparent, both the result of the war. On the one hand, the high cost of labor and materials restricted activity, while on the other, the manifold enterprises directly or remotely connected with the war stimulated engineering construction beyond the normal of recent years. Unemployment of engineers was practically unknown, and contractors and supply houses were booked up to capacity. Labor in all fields was very scarce and expensive, and construction labor was no exception. Government rush jobs demanding thousands of men at unprecedented wages were under way in almost every section of the country. Materials also were at the service of the Government; even when purchasable they could hardly be delivered on account of rail congestion. Finally, large issues of Federal bonds at attractive interest made bond flotation for municipal, state or county work expensive and difficult. All of these conditions tended inevitably to reduce the volume of normal engineering work. Many projects had to be postponed or abandoned, either because of the fears of the projectors or because such bids as were received were high beyond all possibility of consideration. Military Engineering. The entry of the United States into the war put an immediate tax upon the resources of the engineering profession, not only in the enormous construction programme which was preliminary to the housing, training and transporting of the new army, but also in the organization of military engineering units. Fortunately a proper foresight had prepared the machinery for providing the nucleus of a body of commissioned engineer officers. In 1916 the Engineer Officers' Reserve Corps was established (A. Y. B., 1916, p. 559), composed of civilian engineers of more than elementary military knowledge and experience and subject to call to the colors in time of emergency. Early in the summer this corps was called into service and increased by new recruits, and all members, after a brief term of duty at an officers' training camp were enrolled at special engineer training camps where they were given intensive instruction in military engineering. In this way a sufficient quota of engineer officers for the new army was secured by the late summer, so that in July the War Department announced that it could receive no more applications for engineer commissions. Various other corps, however, had need later for engineers to take charge of building operations outside the regular work of the Engineer Corps. To counteract these conditions the war demands more than sufficed. The Government had to have in the shortest order a vast number of structures for its own use-camps, cantonments, warehouses, piers, a nitrate plant, and offices. All of this construction The officers commissioned. as engirequired the highest engineering skill neers are assigned to various duties. and contracting organization, and A large number are to be engaged in the Regular Army and for the National Guard, and also many warehouses and terminal storehouses, to say nothing of the buildings required by private interests whose war contracts demanded more space. Railway and Highway Regiments. the engineering work of the advance | ing facilities installed. Besides the line at the front. Their duties will 16 major cantonments, there were be the purely military ones of under construction simultaneously reconnaissance, topography, trench many other camps, for officers, for construction, bridge construction and destruction, etc. Many more of the engineering units, however, will be assigned to purely civil engineering duties in the zone between the advance line and the port of landing in France. All of this district is in control of the American forces, and all the engi--Early in the summer, through a neering construction, operation and maintenance in the district devolves upon the American Engineer Corps. Other engineers are assigned to duties in the United States, mainly in connection with the construction of barracks, which, although under the direction of the Quartermaster Corps or the Signal Corps, requires engineers, either attached to those corps or assigned to them from the Engineer Corps. Cantonment Construction.-The construction of the cantonments to house the new National Army during its period of training was a stupendous task, carried out practically entirely by the engineering profession and the contractors. Early in June it was announced that 16 camps were to be built in various sections of the country, each to house about 40,000 men. Within three weeks the preliminary designs for the standard cantonment were made, the sites selected, the contracts for construction awarded, and some of the work begun. By Sept. 1 construction was 75 per cent. completed-in fact, two of the camps were then ready for full occupancy, and by Oct. 15, the little group of new cities was ready for the new armies. It is difficult to visualize what one of these camps is, but a partial idea may be conveyed by the statement that the standard design, which had to be modified to fit local topography, was a street three miles long, lined on both sides with 1,200 two-story buildings each averaging 43 by 140 ft. in area, and backed by other rows of lavatories, stables, warehouses, offices, hospitals, etc. In addition, a complete water and sewer system had to be built, railroad connections brought to the camp, terminals provided, and lighting, heating and cook special intensive recruiting campaign, nine regiments of engineers were raised and sent to France for railway service. These units were organized under the provisions of the old Army Act and became part of the Regular Army. They consisted of railway men from all branches of the service, and they were immediately put on French railway work, which was suffering from lack of trained men. Later in the year other engineering regiments specializing in lumbering, highway construction and repair, etc., were organized and sent to France. All of these regiments had engineer officers of the old Regular Army in high command but otherwise they were officered throughout by volunteer engineers from civil life. Waterways.-A radical change in the river-control policy of the United States was initiated in 1917 by the enactment of the so-called Humphreys Flood Control Act on March 1. Hitherto the Federal Government has carried on all of its river and harbor work under the clause in the Constitution permitting the regulation of interstate commerce, that is, all river control was supposed to be in the interest of navigation. In many cases this convention was farcical, particularly on the Mississippi, where navigation, that is, commercial navigation, has practically ceased, and where the money spent has been almost entirely a matter of flood prevention and shore protection. The Humphreys Act recognizes this dis tinction through the appropriation of $45,000,000 for the control of floods on the Mississippi River and $5.600,000 for similar work on the Sacramento River. Not more than $10,000,000 is to be spent on the Mississippi nor more than $1,000,000 on |