EXECUTIVE ORDER 8232 ments and independent offices and establishments of the United States Govern CONTROL OF THE PANAMA CANAL AND THE ment shall have the following duties to CANAL ZONE By virtue of the power and authority vested in and conferred upon me by section 8 of title 2 of the Canal Zone Code, approved June 19, 1934 (48 Stat. 1122), and as President of the United States, it is hereby ordered that the Officer of the Army commanding the United States Troops stationed in the Canal Zone shall, until otherwise ordered, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone; and, while this order is in force, the Governor of the Panama Canal shall, in all respects and particulars as to the operation of the Panama Canal and all duties, matters and transactions affecting the Canal Zone, be subject to the order and direction of the Officer of the Army herein designated. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 5, 1939. EXECUTIVE ORDER 8233 PRESCRIBING REGULATIONS GOVERNING THE WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States; perform in enforcing the neutrality of in addition to the duties now prescribed, the United States, which duties shall be other executive order or regulation not in or hereafter prescribed, by law, or by and independent offices and establishconflict herewith, for the departments ments of the United States Government: 1. War Department: Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation so far as concerns the military land forces of neutral and belligerent powers; except as provided in paragraphs numbered 2b and 4 hereof. 2. Navy Department: Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation, (a) so far as concerns vessels of the naval establishments of neutral and belligerent powers and other vessels operating for hostile or military purposes, except as provided in paragraph numbered 4 hereof; (b) enforcement of the neutrality of the United States as prescribed in said proclamation in outlying possessions subject to the exclusive jurisdiction of the Navy Department; (c) in the Philippine Islands, enforcement of the neutrality of the United States as respects all vessels as prescribed in said proclamation, with the special cooperation of the Department of State and the Department of the Interior. 3. Treasury Department and Commerce Department: (Under such further division of responsibility as the Secretary of the Treasury and the Secretary of Commerce may mutually agree upon) Enforcement of the neutrality of the AND WHEREAS, a proclamation was United States as prescribed in the aboveissued by me on the fifth day of Septem- mentioned proclamation so far as conber' declaring the neutrality of the cerns all vessels except those referred United States of America in the war to in paragraph numbered 2 hereof, with now existing between Germany and the special cooperation of the DepartFrance; Poland; and the United King- ment of the Interior in the territories dom, India, Australia, and New Zealand. and outlying possessions where the NOW, THEREFORE, in order to make Treasury Department and the Commerce more effective the enforcement of the Department are required by law to carry provisions of said treaties, law of na-out their respective functions, and extions, and proclamation, I hereby prescribe that, during said war, the depart 14 FR. 3809; 3 CFR, 1939 Supp., page 49. cept in the Philippine Islands, the Canal Zone, and the outlying possessions subject to the exclusive jurisdiction of the Navy Department. AND WHEREAS treaties of the United 4. Governor of the Panama Canal: En- | within their power to carry out their obforcement within the Canal Zone of the ligations as a neutral; neutrality of the United States as prescribed in the above-mentioned proclamation, and administrative action in connection therewith. The military and naval forces stationed in the Canal Zone shall give him such assistance for this purpose as he may request. If an officer of the Army shall be designated to assume authority and jurisdiction over the operation of the Panama Canal as provided in Section 8 of Title 2 of the Canal Zone Code, such officer of the Army shall thereafter have the duties above assigned to the Governor of the Panama Canal. 5. Department of Justice: Enforcement of the neutrality of the United States as prescribed in the above-mentioned proclamation, not especially delegated to other departments, independent offices and establishments of the United States Government, and prosecution of violations of the neutrality of the United States. States require that the Panama Canal shall be free and open, on terms of entire equality, to the vessels of commerce and of war of all nations observing the rules laid down in Article 3 of the socalled Hay-Pauncefote treaty concluded between the United States and Great Britain, November 18, 1901; NOW, THEREFORE, by virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24, 1912 (ch. 390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932 (ch. 425, 47 Stat. 578), I hereby prescribe the following regulations governing the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto, in any war in which the United States is a neutral; 1. Whenever considered necessary, in the opinion of the Governor of the Panama Canal, to prevent damage or injury to vessels or to prevent damage or injury to the Canal or its appurtenances, or to secure the observance of the rules, regulations, rights, or obligations of the United States, the Canal authorities may at any time, as a condition precedent to transit of the Canal, inspect any vessel, belligerent or neutral, other than a pub 6. All Departments and Independent Offices and Establishments of the United States: Enforcement of neutrality in connection with their own activities, furnishing information to, and assisting all other departments and independent offices and establishments of the United States Government in connection with the duties herein assigned; and issuing rules and regulations necessary for car-lic vessel, including its crew and cargo, rying out the duties herein assigned. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 5, 1939. EXECUTIVE ORDER 8234 PRESCRIBING REGULATIONS GOVERNING THE NEUTRAL WHEREAS the treaties of the United States, in any war in which the United States is a neutral, impose on the United States certain obligations to both neutral and belligerent nations; AND WHEREAS the treaties of the United States, in any war in which the United States is a neutral, require that the United States exert all the vigilance and, for and during the passage through the Canal, place armed guards thereon, and take full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by the Canal authorities to go or remain on board thereof during such passage. 2. A public vessel of a belligerent or neutral nation shall be permitted to pass through the Canal only after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules, regulations, and treaties of the United States will be faithfully observed. The foregoing regulations are in addition to the "Rules and Regulations for the Operation and Navigation of the Panama Canal and Approaches Thereto, including all Waters under its Jurisdiction" prescribed by Executive Order No. 4314 of September 25, 1925, as amended, | Service Rules be, and it is hereby, and the provisions of proclamations and amended by the addition of the followexecutive orders pertaining to the Canaling paragraph, numbered "3": Zone issued in conformity with the laws and treaties of the United States. FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 5, 1939 EXECUTIVE ORDER 8236 AUTHORIZING THE INSPECTION OF CERTAIN "3. One confidential assistant to each of the members of the Civil Aeronautics Authority and to the Administrator, provided that the position of private secretary exempt by statute from competitive civil service requirements in each case is filled by the appointment of a classified civil service employee." FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 6, 1939. EXECUTIVE ORDER 8238 EXTENDING THE LIMITS OF THE CUSTOMS By virtue of the authority vested in me by section 55 (a) of the Revenue Act of 1938 (52 Stat. 447, 478) and section 55 (a) (1) and (2) of the Internal Revenue Code (53 Stat. 1, 29), it is hereby ordered that income tax withholding returns, Form 1042B, filed under the provisions of Title I of the Revenue Act of 1938 (52 Stat. 447, 452), or chapter 1 of the Internal Revenue Code (53 Stat. By virtue of and pursuant to the au1, 4), shall be open to inspection by the thority vested in me by section 1 of the Department of National Revenue, Ot-Act of August 1, 1914, 38 Stat. 609, 623 tawa, Canada, for the purpose of enabling the United States Treasury Department to administer effectively the provisions of the Tax Convention, dated December 30, 1936, between the United States and Canada which was ratified August 13, 1937. Such inspection shall be in accordance with the rules and regulations prescribed by the Secretary of the Treasury in the Treasury decision relating to the inspection of returns by the Department of National Revenue, Ottawa, Canada, approved by me this date.1 FRANKLIN D ROOSEVELT THE WHITE HOUSE, Sept 6, 1939. EXECUTIVE ORDER 8237 AMENDING SUBDIVISION XVI OF SCHEDULE (U.S.C. title 19, sec. 2), it is ordered that the limits of the customs port of entry of Baltimore, Maryland, in Customs Collection District No. 13 (Maryland), be, and they are hereby, extended to include Sparrows Point, Maryland. This order shall become effective thirty days from the date hereof. FRANKLIN D ROOSEVELT THE WHITE HOUSE, Sept. 6th, 1939. EXECUTIVE ORDER 8239 POWER SITE RESTORATION No. 492, PAR- IDAHO By virtue of the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, it is hereby ordered as follows: 1. The Executive Order of December Stat. 403, 404), it is ordered that Sub-19, 1910, creating Power Site Reserve No. division XVI of Schedule A of the Civil 165, as modified by the orders of December 3, 1912, August 25, 1915, and August 1 See 26 CFR 458.400-458.401. 29, 1919, is hereby revoked as to the fol- | T. 8 S., R. 43 E., lowing-described lands: sec. 25, W2SW, and SE1⁄4SW; sec. 26, S2; sec. 3, NW4 NE (lot 2); sec. 4, SW4 NW, W1⁄2 SW, and SE SW14; sec. 9, NW. FRANKLIN D ROOSEVELT THE WHITE HOUSE, Sept 6, 1939. EXECUTIVE ORDER 8240 CONSTRUCTION OF EXECUTIVE ORDER OF SOUTH DAKOTA By virtue of the authority vested in me as President of the United States, and by section 9 of the act of June 7, 1924, and 43 Stat. 653, 655, it is hereby ordered as follows: sec. 27, W1⁄2NE, NW, E1⁄2SW, and SE; sec. 28, NE, S1⁄2NW, SW, and W2SE; sec. 29, W2NE, SENE, E1⁄2NW1⁄4, E2SW, and SE4; SECTION 1. The Executive order of September 16, 1889, adding a certain tract of land to the Fort Meade Wood and Timber Military Reservation, shall be construed to embrace sections 4, 5, and 6, sec. 36, lot 1, SWNE, NW, NE T. 4 N., R. 5 E., Black Hills Meridian, SW, and N2SE. T. 4 S., R. 40 E., sec. 31, lots 3, 4, and 5, NE1⁄4SW1⁄4. T. 5 S., R. 40 E., sec. 5, SW4SW; sec. 6, lots 3, 4, 5, 6, and 7, SW NE1⁄44, sec. 7, lot 1, NE1⁄4, E1⁄2NW, and NE1⁄4 sec. 8, SW4NE, W1⁄2, and SE1⁄4; sec. 14, W1⁄2 NE, NW, and NSW1⁄4; sec. 17, NE1⁄44, and NE1⁄4NW; 2. The Executive Order of January 23, 1912, creating Power Site Reserve No. 241 is hereby revoked as to the followingdescribed lands: South Dakota, in conformity with the plat of survey approved May 16, 1905. SECTION 2. Executive order No. 4244 of June 5, 1925, establishing the Fort Meade Wood and Timber Military Reservation as the Meade District of the Black Hills National Forest, is hereby modified to the extent necessary to conform with section 1 of this order. FRANKLIN D ROOSEVELT This order shall become effective upon | States and the strengthening of our nathe date of the official filing of the plat tional defense within the limits of peaceof the resurvey of the lands involved. time authorizations; and FRANKLIN D ROOSEVELT THE WHITE HOUSE, September 6, 1939. EXECUTIVE ORDER 8243 PRESCRIBING REGULATIONS GOVERNING THE ENFORCEMENT OF THE NEUTRALITY OF THE UNITED STATES WHEREAS, under the treaties of the United States and the law of nations it is the duty of the United States, in any war in which the United States is a neutral, not to permit the commission of unneutral acts within the jurisdiction of the United States; AND WHEREAS, a proclamation was issued by me on the 8th day of September1 declaring the neutrality of the United States of America in the war now existing between Germany, on the one hand, and the Union of South Africa, on the other hand: NOW, THEREFORE, in order to make more effective the enforcement of the provisions of said treaties, law of nations, and proclamation, I hereby prescribe that the provisions of my Executive Order No. 8233 of September 5, 1939, prescribing regulations governing the enforcement of the neutrality of the United States, apply equally in respect to the Union of South Africa. FRANKLIN D ROOSEVELT THE WHITE HOUSE, 8th September, 1939. EXECUTIVE ORDER 8244 AUTHORIZING AN INCREASE IN THE STRENGTH OF THE ARMY WHEREAS the authorized enlisted strength of the active list of the Regular Army in peace time is 280,000 men; and the authorized enlisted strength of the National Guard in peace time is not less than 424,800 men; and WHEREAS the military forces will be charged with additional and important duties in connection with such national emergency requiring an increase in the present enlisted strength within the limits of this authorization; NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and by section 2 of the National Defense Act of 1916, as amended by section 2 of the act of June 4, 1920, 41 Stat. 759, and by Revised Statutes, section 3667, as amended (U.S.C., title 31, sec. 665); section 62 and section 37 a of the National Defense Act as amended (U.S.C. title 32, sec. 121; U.S.C. title 10; sec. 369), it is hereby ordered as follows: 1. The enlisted strength of the active list of the Regular Army shall be increased as rapidly as possible by voluntary enlistments to 227,000 men. 2. The commissioned strength of the Regular Army may be supplemented by the use of reserve officers as may be necessary, provided the limitation on numbers and grades prescribed in the act approved April 3, 1939 (Pub. 18, 76th Congress) is not exceeded. 3. The increase, as quickly as possible, in the enlisted strength of the existing active units of the National Guard to 235,000 men, is authorized, with such increase in commissioned strength as is essential for command. 4. To the extent made necessary by this order the Department of War is WHEREAS a proclamation issued by authorized to waive or modify the me on September 8, 1939,1 proclaimed that monthly or other apportionment of its a national emergency exists in connection appropriation for contingent expenses or with and to the extent necessary for the other general purposes for the fiscal proper observance, safeguarding, and en-year ending June 30, 1940. forcing of the neutrality of the United 14 FR. 3851; 3 CFR, 1939 Supp., page 60. 24 F.R. 3822; 3 CFR, 1939 Supp., page 59. FRANKLIN D ROOSEVELT THE WHITE HOUSE, |