AND WHEREAS it is provided by section 2 of the said joint resolution that "Whoever sells any arms or munitions of war in violation of section 1 shall, on conviction, be punished by a fine not exceeding $10,000 or by imprisonment not exceeding two years, or both." Ante, p. 811. Announcement of President. NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority conferred in me by the said joint resolution of Congress, do hereby declare and proclaim that I have found that the prohibition of the sale of arms and munitions of war in the United States to those countries now engaged in armed conflict in the Chaco may contribute to the reestablishment of peace between those countries, and that I have consulted with the governments of other American Republics and have been assured of the cooperation of such governments as I have deemed necessary as contemplated by the said joint resolution; and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the provisions of the joint from violation of law. resolution above set forth, hereby made applicable to Bolivia and Paraguay, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted. And I do hereby enjoin upon all officers of the United States charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same. And I do hereby delegate to the Secretary of State the power of prescribing exceptions and limitations to the application of the said joint resolution of May 28, 1934, as made effective by this my proclamation issued thereunder. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the city of Washington this twenty-eighth day of May, in the year of our Lord nineteen hundred and thirty-four, [SEAL] and of the Independence of the United States of America the one hundred and fifty-eighth. Warning to abstain Exceptions and limitations. By the President: FRANKLIN D ROOSEVELT CORDELL HULL Secretary of State. [No. 2087] SUSPENDING THE PROVISIONS OF THE DAVIS-BACON ACT OF MARCH 3, 1931 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS section 1 of the Davis-Bacon Act of March 3, 1931 (ch. 411, 46 Stat. 1494), provides: 66* * * June 5, 1934. Davis-Bacon Act of Vol. 46, p. 1494. Every contract in excess of $5,000 in amount, to which building contracts. the United States or the District of Columbia is a party, which requires or involves the employment of laborers or mechanics in the construction, alteration, and/or repair of any public buildings of the less than prevailing rates. United States or the District of Columbia within the geographical Stipulation not to be limits of the States of the Union or the District of Columbia, shall contain a provision to the effect that the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the public buildings covered by the contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village, or other civil division of the State in which the public buildings are located, or in the District of Columbia if the public. buildings are located there National Industrial Ante, p. 204. Authority of President in emergencies. Provisions of DavisBacon Act suspended. Executive Order 5778 suspended. * * * "" WHEREAS section 206 of the National Industrial Recovery Act (ch. 90, 48 Stat. 195, 204) provides: * * * "All contracts let for construction projects and all loans and grants pursuant to this title shall contain such provisions as are necessary to insure (2) that (except in executive, administrative, and supervisory positions), so far as practicable and feasible, no individual directly employed on any such project shall be permitted to work more than thirty hours in any one week; (3) that all employees shall be paid just and reasonable wages which shall be compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort * * * "" WHEREAS the Secretary of Labor and the Administrator of Public Works have informed me that the concurrent operation of the aforesaid provisions of the Davis-Bacon Act and the National Industrial Recovery Act cause administrative confusion and delay which could be avoided by suspension of the provisions of the Davis-Bacon Act; WHEREAS section 1 of the aforesaid Davis-Bacon Act authorizes the President to suspend the provisions of that act in case of a national emergency; and WHEREAS I find that a national emergency exists: NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do by this proclamation suspend until otherwise provided the provisions of the Davis-Bacon Act of March 3, 1931, as to all contracts made or to be made, except those entered into prior to June 16, 1933, and those entered into on or subsequent to June 16, 1933, which contain the provisions required by the said act of March 3, 1931. And I do hereby suspend until otherwise provided the provisions of Executive Order No. 5778, of January 19, 1932, prescribing certain stipulations to be incorporated into public building contracts. ÎN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this 5" day of June, in the year of our Lord nineteen hundred and thirty-four, and of the [SEAL] Independence of the United States of America the one hundred and fifty-eighth. By the President: WILLIAM PHILLIPS. Acting Secretary of State. FRANKLIN D ROOSEVELT [No. 2088] AMENDMENT TO THE CONSTITUTION, 1933 WILLIAM PHILLIPS ACTING SECRETARY OF STATE OF THE UNITED STATES OF AMERICA. To all to whom these presents shall come, greeting: December 5, 1933. ment to the ConstituPreamble. tion. KNOW YE, That the Congress of the United States, at the second Twenty-first Amendsession, seventy-second Congress begun and held at the City of Washington on Monday, the fifth day of December, in the year one thousand nine hundred and thirty-two, passed a Joint Resolution in the words and figures as follows: to wit JOINT RESOLUTION Proposing an amendment to the Constitution of the United States. Amendment pro Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be posed to the Constituvalid to all intents and purposes as part of the Constitution when ratified by conventions in three-fourths of the several States: "ARTICLE "SECTION 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. "SEC. 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. tion. Vol. 46, p. 1625. ratified in seven years. States ratifying proposed amendment. "SEC. 3. This article shall be inoperative unless it shall have been Inoperative if if not ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress." And, further, that it appears from official notices received at the Department of State that the Amendment to the Constitution of the United States proposed as aforesaid has been ratified by conventions in the States of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. declared. And, further, that the States wherein conventions have so ratified Requisite number the said proposed Amendment, constitute the requisite three-fourths of the whole number of States in the United States. 1749 |