Lapas attēli
PDF
ePub

EXECUTIVE ORDER 9404 AUTHORIZING THE GOVERNOR OF THE PANAMA CANAL TO ACQUIRE AND DISPOSE OF PROPERTY

By virtue of and pursuant to the authority vested in me by Title II of the Second War Powers Act, 1942, approved March 27, 1942 (56 Stat. 176), the Governor of The Panama Canal, or any officer of The Panama Canal acting in that capacity in the absence or disability of the Governor, is hereby authorized to exercise the authority contained in the said Title II of the Second War Powers Act, 1942, to acquire, use, and dispose of any real property, temporary use thereof, or other interest therein, together with any personal property located thereon, or used therewith, that shall be deemed necessary for military, naval or other war purposes.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

December 17, 1943.

EXECUTIVE ORDER 9405 AMENDING SUBDIVISION IX OF SCHEDULE A OF THE CIVIL SERVICE RULES

By virtue of the authority vested in me by section 2 of the Civil Service Act (22 Stat. 403), it is ordered that paragraph 9 of Subdivision IX of Schedule A of the Civil Service Rules 1 be, and it is hereby, amended to read as follows:

IX. DEPARTMENT OF AGRICULTURE

9. Farm Credit Administration: Positions in the Federal Intermediate Credit Banks, the Production Credit Corporations, the Federal Land Banks, the Banks for Cooperatives, and positions filled by joint officers and employees for these four institutions.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

December 17, 1943.

EXECUTIVE ORDER 9406

TRANSFER OF FUNCTIONS WITH RESPECT TO NECESSITY CERTIFICATES FROM THE SECRETARY OF WAR AND THE SECRETARY OF THE NAVY TO THE CHAIRMAN OF THE WAR PRODUCTION BOARD

By virtue of the authority vested in me by Title I of the First War Powers Act,

Codified as 5 CFR 50.9 (1), infra.

1941, and as President of the United States, and in order to enable the Chairman of the War Production Board more effectively to carry out his responsibilities with respect to the regulation of production and supply of materials, articles, and equipment, and services required for the national defense, it is hereby ordered as follows:

1. Subject to the provisions of section 2 of this order, the functions, powers, and duties of the Secretary of War and the Secretary of the Navy with respect to the certification, pursuant to section 124 (f) of the Internal Revenue Code, of the construction, reconstruction, erection, installation or acquisition of facilities necessary in the interest of national defense during the emergency period, and with respect to prescribing from time to time with the approval of the President regulations governing such certification, are transferred to the Chairman of the War Production Board.

2. (a) The Secretary of War and the Secretary of the Navy shall act upon

(1) all applications for Necessity Certificates filed before October 5, 1943, and

(2) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation or the date of acquisition of which was prior to October 5, 1943.

When the Secretary of War and the Secretary of the Navy have made final determination upon all applications specified in this subsection, their functions, powers and duties to issue Necessity Certificates shall cease.

(b) The Chairman of the War Production Board shall act upon

(1) applications for Necessity Certificates filed after December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation or the date of acquisition of which was prior to October 5, 1943. Such applications for Necessity Certificates filed after the effective date of this order shall be filed with the War Production Board.

(2) applications for Necessity Certificates filed on and after October 5, 1943 and pending December 17, 1943 with the Secretary of War and the Secretary of the Navy which describe facilities the construction, reconstruction, erection or installation of which has not begun or which have not been acquired, and

(3) applications for Necessity Certificates filed after December 17, 1943 which describe facilities the construction, reconstruction, erection, or installation of which has not begun or which have not been acquired.

3. (a) The regulations of the Secretary of War and the Secretary of the Navy in effect prior to October 5, 1943 shall govern the issuance of Necessity Certificates for all applications for Necessity Certificates describing facilities the beginning of the construction, reconstruction, erection, installation or the date of acquisition of which was prior to October 5, 1943.

(b) In acting upon applications for Necessity Certificates filed on and after October 5, 1943 describing facilities the construction, reconstruction, erection or installation of which was not begun or which were not acquired prior to October 5, 1943, Necessity Certificates shall not be issued unless the Chairman of the War Production Board has determined prior to the beginning of the construction, reconstruction, erection, installation, or the date of acquisition of the facilities (1) that the facilities to be constructed or acquired are clearly necessary for the war effort, and (2) that it is to the advantage of the Government that such additional facilities be privately financed.

4. In the exercise of the functions, powers and duties transferred by this order, the Chairman of the War Production Board may consult the War Department and the Navy Department with regard to facilities required primarily for military or naval use, and other departments and agencies with regard to facilities required primarily for uses within their respective jurisdictions.

5. Such civilian personnel, property, and records used primarily in the administration of the functions, powers and duties transferred by this order, and so much of the unexpended balance of appropriations, allocations and funds available to the War Department and the Navy Department for the said purposes as the Director of the Bureau of the Budget shall determine, shall be transferred to the Chairman of the War Production Board on such date or dates as the Director of the Bureau of the Budget shall determine, for use in con

nection with the exercise of the functions, powers and duties so transferred. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

December 17, 1943.

EXECUTIVE ORDER 9407

AMENDING THE FOREIGN SERVICE REGULATIONS OF THE UNITED STATES

By virtue of the authority vested in me by section 1745, as amended, and section 1752 of the Revised Statutes of the United States (U.S.C., title 22, secs. 127 and 132), item 38 of the Tariff of United States Foreign Service Fees, section V-15 of the Foreign Service Regulations 1 (E.Ο. No. 7968 of September 3, 1938,2 as amended by E.O. No. 8297 of December 4, 1939,2 and E.O. No. 9303 of February 11, 1943 2; 22 CFR 105.15, 1939 Supp., 8 F.R. 1911), is hereby amended to read as follows:

[blocks in formation]

38 Any and all services indicated in the Tariff of Fees performed for the official use of the Government of the United States; any and all notarial services, such as the administration of oaths or the taking of acknowledgments, in connection with the execution of forms or other documents issued by or to be presented to any department or agency of the Government of the United States, the gratis performance of which is not otherwise provided for in the Tariff of Fees; and any and all notarial services performed for members of the armed forces of the United States or for any civilian employees of the Government of the United States.

Fee

No fee"

[blocks in formation]

tric Company, Incorporated, in and near the City of Baltimore, Maryland, as a result of a Labor disturbance, that the war effort is being and will be unduly impeded or delayed by such interruption, and that the exercise of the power and authority vested in me is necessary to insure the operation of such plant in the interest of the war effort;

NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, particularly the War Labor Disputes Act (Public Law, 78th Cong.),1 as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby ordered and directed as follows:

The Secretary of War is authorized and directed to take immediate possession of and operate the Point Breeze plants and facilities of the Western Electric Company, Incorporated, in and near the City of Baltimore, Maryland, and to the extent that he deems necessary, is further authorized to take possession of and operate other installations in or near the City of Baltimore, Maryland, used or operated by said Company in connection with its operation of the foregoing plants and facilities. The Secretary of War is authorized and directed to do the foregoing, through and with the aid of such persons or instrumentalities as he may designate, and insofar as may be necessary or desirable, to produce the war materials called for by the Company's contracts with the United States, its departments and agencies or as may otherwise be required for the war effort, and do all things necessary or incidental to that end. The Secretary of War shall permit the management to continue with its managerial functions to the maximum degree possible consistent with the aims of this order.

The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plant and all persons employed or seeking employment therein.

In furtherance of the objectives set forth in Executive Order No. 9370,2 the Secretary of War is (1) authorized to request the National War Labor Board to consider the issuance of an order withholding or withdrawing from the Point Breeze Employees Association any

157 Stat. 163. * Supra.

538431-44-SUPP. VI-BK. 16

benefits, privileges or rights, accruing to the said Association under the terms or conditions of employment, in effect by agreement between the Company and the Association or otherwise, until such time as the said Association has demonstrated to the satisfaction of the National War Labor Board its willingness and capacity to comply with the terms and conditions of employment prescribed by the order of the National War Labor Board dated December 13, 1943; (2) directed to recommend to the authorized federal agencies the entry of appropriate orders relating to the modification or cancellation of draft deferments or employment privileges, or both.

Possession and operation thereunder of the said plant and facilities shall be terminated by the Secretary of War within sixty days after he determines that the productive efficiency of the plant prevailing prior to the taking possession thereof has been restored.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

December 19, 1943.

EXECUTIVE ORDER 9409

ALTERING THE COMPOSITION OF THE WAR MANPOWER COMMISSION

By virtue of the authority vested in me b: the Constitution and Statutes, including the First War Powers Act, 1941, as President of the United States and Commander in Chief of the Army and the Navy, it is hereby ordered as follows:

1. Paragraph 1 of Executive Order No. 9139 of April 18, 1942 3 is hereby amended to read as follows:

"1. There is established within the Office for Emergency Management of the Executive Office of the President a War Manpower Commission, hereinafter referred to as the Commission. The Commission shall consist of a Chairman of the War Manpower Commission (hereinafter referred to as the Chairman) appointed by the President; one representative, designated subject to the approval of the Chairman, of each of the following agencies: The Department of War, the Department of the Navy, the Department of Agriculture, the Department of Labor, the Federal Security Agency, the War Production Board, the United States Civil Service Commission, the National Housing Agency, the Office

$3 CFR Cum. Supp.

Page 63

of Defense Transportation, and such other Executive departments and agencies as the President shall determine; a joint representative of the United States Maritime Commission and the War Shipping Administration designated by the Chairman of the United States Maritime Commission subject to the approval of the Chairman of the War Manpower Commission; and the Director of Selective Service."

2 Paragraph 1 of Executive Order No. 9279 of December 5, 19421 is hereby revoked.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

December 23, 1943.

EXECUTIVE ORDER 9410

DELEGATION OF CERTAIN FUNCTIONS OF THE PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE

By virtue of the authority vested in me by the Constitution and the Statutes, including the Selective Training and Service Act of 1940, as amended, and the First War Powers Act, 1941, as President of the United States, and as Commander in Chief of the Army and the Navy, it is hereby ordered as follows:

1. Paragraphs 2 (a), 2 (b), and 2 (c) of Executive Order No. 9279 of December 5, 19421 are hereby revoked; and the Selective Service System shall hereafter be a separate agency which shall be administered under the supervision and direction of the Director of Selective Service (hereinafter referred to as the Director).

2. The functions, powers, and duties of the President under the provisions of the Selective Training and Service Act of 1940, as amended, which were transferred by paragraph 2 (b) of Executive Order No. 9279 of December 5, 1942, and the functions, powers, and duties of the President under the provisions of Public Law 197, 78th Congress, approved December 5, 1943, except those under sections 3 and 4 of the said public law, are hereby delegated to the Director. The functions, powers, and duties delegated by this paragraph may be exercised by the Director and such other officers, agents, and persons as he may designate or appoint.

3. The Director shall consult with the Chairman of the War Manpower Com

13 CFR Cum. Supp.

mission (a) on all matters arising in the administration of the Selective Training and Service Act of 1940, as amended, including all matters with respect to rules, regulations, and other instructions of general application (irrespective of the form thereof) relating to the classification or deferment of registrants, which may affect the execution of the Chairman's responsibilities for the most effective utilization and mobilization of the Nation's manpower, and (b) on all matters necessary to assure that the administration of the said Act is coordinated with the administration of the policies and programs of the Chairman of the War Manpower Commission.

4. So far as they may be in conflict herewith, all prior Executive orders are amended accordingly; and except so far as they may be in conflict herewith all regulations, rulings, and other directives relating to Selective Service made by or under the direction of the President. the Chairman of the War Manpower Commission, or the Director are hereby ratified, approved, and confirmed.

5. This order shall be effective as of December 5, 1943.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE.

December 23, 1943.

EXECUTIVE ORDER 9411

PRESCRIBING RATES FOR HOSPITALIZATION AND MEDICAL CARE OF DEPENDENTS OF NAVAL PERSONNEL AND OTHERS

By virtue of the authority vested in me as President of the United States by sections 2 and 4 of the act approved May 10, 1943 (Public Law 51-78th Congress), it is hereby ordered as follows:

1. The per diem rate for the hospitalization of dependents of navaland Marine Corps personnel shall be $1.75.

2. The rates for hospitalization or dispensary services outside of the continental limits of the United States and in Alaska for persons other than dependents of naval and Marine Corps personnel as authorized by section 4 of the act approved May 10, 1943, shall be as follows: Each out-patient treatment, examination or consulta

[blocks in formation]

EXECUTIVE ORDER 9412

POSSESSION AND OPERATION OF RAILROADS

WHEREAS the continuous operation of transportation service in the Nation is necessary for the movement of troops, materials of war, necessary passenger traffic, and supplies and food for the armed forces and the civilian population, and is otherwise essential to the successful prosecution of the war; and

WHEREAS the continuous operation of some transportation systems is threatened by strikes called to commence on December 30, 1943.

NOW. THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the United States, including the Act of August 29, 1916, 39 Stat. 645, and as President of the United States and Commander in Chief of the Army and Navy, I hereby order:

1. Possession and control of all common carriers by railroad, express companies, terminal companies and associations, sleeping, parlor and railroad-owned or controlled private car companies (all hereinafter referred to as carriers) located in the continental United States, together with any and all appurtenances and facilities used in connection therewith, are hereby taken and assumed, through the Secretary of War, as of seven o'clock p. m., on the twentyseventh day of December, 1943. Carriers taken over under this order shall not include, because not now deemed necessary street electric passenger railways, including railways commonly called interurbans, or local public transit systems whether or not the same be owned or controlled by any of the systems of transportation taken hereunder; but if and when the Secretary finds it necessary or appropriate to carry out the purpose of this order, he may, by subsequent order, take and assume possession, control and operation of all or any part of any transportation system, including subways and tunnels, and any transportation system so taken shall be deemed a carrier for the purposes of this order.

2. The Secretary of War is directed to manage and operate or arrange for the management and operation of the carriers taken under this order in such manner as he deems necessary to assure to the fullest possible extent continuous and uninterrupted transportation service.

3. In carrying out this order the Secretary may act through or with the aid of such public or private instrumentalities or persons as he may designate, and may delegate such of his authority as he may deem necessary or desirable, with power of successive redelegation. The Secretary may issue such general and special orders, rules and regulations as may be necessary or appropriate for carrying out the purposes of this order. All Federal agencies shall comply with the directives of the Secretary hereunder and shall cooperate to the fullest extent of their authority with the Secretary in carrying out the purposes of this order.

4. The Secretary shall permit the management of carriers taken under this order to continue their respective managerial functions to the maximum degree possible consistent with the purposes of this order. Except so far as the Secretary shall from time to time otherwise provide by appropriate order or regulation, the boards of directors, trustees, receivers, officers, and employees of such carriers shall continue the operation of the carriers, including the collection and disbursement of funds thereof, in the usual and ordinary course of the business of the carriers, in the names of their respective companies, and by means of any agencies, associations or other instrumentalities now utilized by the carriers.

5. Except so far as the Secretary shall from time to time otherwise determine and provide by appropriate orders or regulations, existing contracts and agreements to which carriers taken hereunder are parties shall remain in full force and effect. Nothing in this order shall have the effect of suspending or releasing any obligation owed to any carrier affected hereby, and all payments shall be made by the persons obligated to the carrier to which they are or may become due. Except as the Secretary may otherwise direct, dividends on stock and sinking fund, principal, interest and other distributions upon bonds, debentures and other obligations may be paid in due course, and expenditures for other ordinary corporate purposes may be made.

6. The Secretary shall provide protection for all persons employed or seeking employment. The Secretary is authorized to prescribe the compensation to be received by such employees subject to any approval which may be required by

« iepriekšējāTurpināt »