December 18, 1941 (Public Law 354, 77th Congress), paragraph 4 of Executive Order 9079 of February 26, 1942,1 making certain Public Health Service hospitals available for the care and treatment of insane persons, is hereby amended to read as follows: 4. To the extent deemed necessary and proper by the Federal Security Administrator, and under his direction, payment may be made, either in advance or by reimbursement at the end of each month, to the appropriation for the operation and maintenance of said Public Health Service hospitals from the appropriation for the care and maintenance of patients at Saint Elizabeths Hospital. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 11, 1944. EXECUTIVE ORDER 9499 INSPECTION OF INCOME, EXCESS-PROFITS, DECLARED VALUE EXCESS-PROFITS, AND CAPITAL STOCK TAX RETURNS BY THE DEPARTMENT OF COMMERCE By virtue of the authority vested in me by sections 55 (a), 508, 603, 1204, and 729 (a) of the Internal Revenue Code (53 Stat. 1, 29, 111, 171; 54 Stat. 974, 989), it is hereby ordered that income, excess-profits, declared value excess-profits, and capital stock tax returns made under the Internal Revenue Code for the year 1941 and subsequent years shall be open to inspection by the Department of Commerce, subject to the conditions in the Treasury decision 2 relating to the inspection of such returns by such Department approved by me this date. This order shall be published in the FEDERAL REGISTER. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 11, 1944. EXECUTIVE ORDER 9500 EXTENSION OF TRUST PERIODS ON INDIAN LANDS EXPIRING DURING THE CALENDAR YEAR 1945 By virtue of and pursuant to the authority vested in me by section 5 of the act of February 8, 1887, 24 Stat. 388, 389, by the act of June 21, 1906, 34 Stat. 325, 326, and by the act of March 2, 1917, 13 CFR Cum. Supp. 2 Title 26, § 458.309, infra. 39 Stat. 969, 976, and other applicable provisions of law, it is ordered that the periods of trust applying to. Indian lands,3 whether of a tribal or incividual status, which, unless extended, will expire during the calendar year 1945, be, and they are hereby, extended for a further period of twenty-five years from the date on which any such trust would otherwise expire. This order is not intended to apply to any case in which the Congress has specifically reserved to itself authority to extend the period of trust on tribal or individual Indian lands. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 14, 1944. EXECUTIVE ORDER 9501 REGULATIONS GOVERNING RECALL TO ACTIVE DUTY OF RETIRED COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE By virtue of and pursuant to the authority vested in me by section 211 (d) of the Public Health Service Act, approved July 1, 1944 (58 Stat. 682), I hereby prescribe the following regulations governing the recall to active duty of retired commissioned officers of the Public Health Service: 4 1. The Surgeon General may order (a) any commissioned officer of the Regular Corps who now is or may hereafter be retired for disability from disease or injury incurred in line of duty, or (b) any commissioned officer of the Reserve Corps who now is or may hereafter be retired for disability from disease or injury incurred in line of duty during time of war, to present himself for physical examination to a Board of Medical Examiners, and may order to active duty any such officer who is found to have recovered from such disability. 2. In time of war the Surgeon General may order any commissioned officer of the Service retired for age to present himself for physical examination to a Board of Medical Examiners, and may order to active duty any such officer found physically capable of performing the duties to which he may be assigned: Provided, That the tour of duty of any officer so recalled shall not extend beyond the last day of the sixth month fol 3 See 25 CFR, Chap. I, App. Codified as Title 42, §§ 1.91 to 1.94, infra. lowing the termination of the state of war. 3. For the purposes of this order, the term "retired officers" shall include officers placed on permanent "waiting orders." 4. Service by officers after recall to active duty shall be deemed active commissioned service within the meaning of section 211 (c) (1) of the Public Health Service Act. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 21, 1944. EXECUTIVE ORDER 9502 ESTABLISHING SPECIAL TEMPORARY POSITIONS IN THE PUBLIC HEALTH SERVICE 1 By virtue of the authority vested in me by section 207(a) of the Public Health Service Act, approved July 1, 1944 (58 Stat. 682, 685), I hereby establish in the Public Health Service one special temporary position of Associate Chief of the Bureau of State Services and one special temporary position of Chief Medical Officer for the War Shipping Administration. Commissioned officers of the Public Health Service shall have the grade of Assistant Surgeon General during the period of their assignment to such positions. The positions established by this order shall cease to exist upon the termination of the present war or of the emergency declared by me on May 27, 1941,2 whichever is earlier. FRANKLIN D ROOSEVELT THE WHITE HOUSE, November 24, 1944. EXECUTIVE ORDER 9503 APPOINTMENT OF DISABLED VETERANS COMPLETING COURSES OF INSTRUCTION PRESCRIBED PURSUANT TO THE ACT OF MARCH 24, 1943 By virtue of the authority vested in me by section 1753 of the Revised Statutes and by the Civil Service Act (22 Stat. 403), it is hereby ordered as follows: 3 When a disabled veteran shall have completed a course of training prescribed by the Administrator of Veterans' Af¬ 1 Noted in Part 1, Title 42, infra. 2 Proc. 2487, 3 CFR Cum. Supp. & Tabulated in § 91.1, Title 5, infra. fairs in accordance with the provisions of the act of March 24, 1943, Public Law 16, 78th Congress, in any department, independent establishment, or agency of the Executive branch of the Federal Government, such veteran may be appointed to the position for which the training was received without regard to the requirements of the Civil Service Rules and the War Service Regulations: Provided, that the veteran is recommended for such appointment by the employing agency, that the Civil Service Commission determines that the course of training is adequate for the satisfactory performance of the duties of the position, and that the veteran passes, prior to appointment, such noncompetitive examination as the Commission may prescribe. FRANKLIN D ROOSEVELT result of a labor disturbance; that the war effort will be unduly impeded or delayed by such interruption; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure, in the interests of the war effort, the operation of these plants and facilities; NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including Section 9 of the Selective Training and Service Act of 1940 (54 Stat. 892) as amended by the War Labor Disputes Act (57 Stat. 163), as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows: 1. The Secretary of War is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of Cudahy Brothers Company of Cudahy, Wisconsin, and, to the extent that he may deem necessary, of any real or personal property, and other assets wherever situated, used in connection with the operations thereof; to operate or to arrange for the operation of the plants and facilities in any manner that he deems necessary for the successful prosecution of the war; to exercise any contractual or other rights of Cudahy Brothers Company, and to continue the employment of, or to employ, any persons, and to do any other thing that he may deem necessary for, or incidental to, the operation of the said plants and facilities and the processing, sale and distribution of the products thereof; and to take any other steps that he deems necessary to carry out the provisions and purposes of this Order. 2. The Secretary of War shall operate the said plants and facilities pursuant to the provisions of the War Labor Disputes Act, and during his operation of the plants and facilities shall observe the terms and conditions of the directive order dated September 30, 1944 of the National War Labor Board. 3. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plants and all persons employed or seeking employment therein. 4. Possession, control, and operation of any plant or facility, or part thereof, taken under this Order shall be terminated by the Secretary of War within 60 days after he determines that the productive efficiency of the plant, facility, or part thereof prevailing prior to the threatened interruption of production, referred to in the recitals of this Order, has been restored. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 6, 1944. EXECUTIVE ORDER 9506 MODIFYING THE CONDITIONS UPON WHICH A CLASSIFIED STATUS MAY BE GRANTED By virtue of the authority vested in me by section 1753 of the Revised Statutes and by section 2 of the Civil Service Act (22 Stat. 403), it is hereby ordered as follows:1 Hereafter no person shall be accorded a classified civil service status on the basis of his name having been reached on a civil service register unless he shall have been regularly selected for appointment from a certificate issued by the Civil Service Commission for probational appointment and shall have entered on duty pursuant to selection from such certificate. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 12, 1944. EXECUTIVE ORDER 9507 AMENDING THE FOREIGN SERVICE REGULATIONS OF THE UNITED STATES By virtue of the authority vested in me by sections 1745 and 1752 of the Revised Statutes of the United States (22 U.S.C. 127, 132), and by the act of May 22, 1918, 40 Stat. 559, as amended (22 U.S.C. 223, 224, 227; 22 U.S.C. Supp. 223, 225-226b), it is ordered as follows: 1. The Tariff of United States Foreign Service Fees, prescribed by section V-15 of the Foreign Service Regulations of the United States (E.O. No. 7968 of Sept. 3, 1938, as amended; 22 CFR, Cum. Supp., 105.15, 8 F.R. 16958 2), is hereby amended by revoking the following described parts thereof:3 Noted in § 8.5, Title 5, infra. 2E.O. 9407, 3 CFR 1943 Supp. 3 Affects Title 22, § 105.15, infra. a. The seventh heading under Item No. 6, which reads "Issuance of Chinese certificate_____ $10.00." b. The eighth heading under Item No. 6 which reads "The taking of an application for, and issuance of, a travel certificate for use in China___ $1.00." c. The words "including a Chinese certificate" in the third heading under Item No. 7. d. Item No. 40. 2. Sections XXII-2 and XXII-4 of the Foreign Service Regulations of the United States (22 CFR, Cum. Supp., 122.2, 122.4), prescribed by Executive Order Nos. 8400 of April 29, 1940, and 8566 of October 15, 1940 (3 CFR, Cum. Supp., pages 655, 796), are hereby revoked.1 3. Executive Order No. 8566 of October 15, 1940 (3 CFR Cum. Supp. page 796), is hereby revoked: Provided, That such revocation shall not effect a revival of the provisions of Executive Order No. 7224-A, dated November 14, 1935. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 20, 1944. EXECUTIVE ORDER 9508 AUTHORIZING THE SECRETARY OF WAR TO TAKE POSSESSION OF AND TO OPERATE CERTAIN PLANTS AND FACILITIES OF MONTGOMERY WARD & Co., INCORPO RATED WHEREAS the National War Labor Board has found and reported to me that labor disturbances involving nearly 12,000 workers now exist in the plants and facilities of Montgomery Ward & Co., Incorporated, in Jamaica, New York; Detroit, Michigan; Chicago, Illinois; St. Paul, Minnesota; Denver, Colorado; San Rafael, California; and Portland, Oregon; that in the exercise of the authority conferred upon it by the War Labor Disputes Act, the National War Labor Board has issued directive orders deciding the labor disputes that gave rise to the said disturbances; that the said directive orders provide terms and conditions, of a kind customarily included in collective bargaining agreements, to govern the relations between the parties to such disputes; that the terms and conditions provided for by the said directive orders are fair and equitable to employer and employee under all the circum 1 Affects Title 22, §§ 122.2 and 122.4, infra. stances of the cases; that Montgomery Ward & Co., Incorporated, has refused to put into effect the terms and conditions contained in these directive orders; that as a result of the refusal of Montgomery Ward & Co., Incorporated, to put into effect the terms and conditions contained in the directive orders issued by the National War Labor Board in the dispute in the plants and facilities of Montgomery Ward & Co., Incorporated, in Detroit, Michigan, a serious strike involving approximately 1,800 employees is now in progress in that city; that there is a present danger that the strike now existing in the plants and facilities of Montgomery Ward & Co., Incorporated, in Detroit, Michigan, will spread to plants and facilities of Montgomery Ward & Co., Incorporated, located in other cities and will adversely affect the operation of other plants and facilities, located in the Detroit area and elsewhere, that are engaged in the production of materials used in the prosecution of the war; and WHEREAS the National War Labor Board has also found and reported to me that Montgomery Ward & Co., Incorporated, employs approximately 70,000 workers, and serves approximately 30 million customers; that an interruption of the Company's activities would unduly delay and impede the war effort; that the preservation of the war-time structure of labor relations and the prevention of interruptions of war production depend upon the peaceful settlement of labor disputes by the National War Labor Board in the manner provided for by the Congress; that the preservation of the national stabilization program requires peaceful settlement of wage disputes during the war by the procedure provided for by the Congress; that the persistent refusal of Montgomery Ward & Co., Incorporated, to put into effect the terms and conditions contained in directive orders issued by the National War Labor Board, pursuant to the War Labor Disputes Act, threatens to destroy both the war-time structure of labor relations and the procedure established by the Congress for the peaceful settlement of wage disputes during the war, and unduly impedes and delays the war effort; and WHEREAS after investigation I find and proclaim that the plants and facilities of Montgomery Ward & Co., Incorporated, located in Jamaica, New York; Detroit, Dearborn and Royal Oak, Michi gan; Chicago, Illinois; St. Paul, Minnesota; Denver, Colorado; San Rafael, California; and Portland, Oregon, are plants and facilities that are equipped for the production of articles or materials which may be required for the war effort or which may be useful in connection therewith, within the meaning of the War Labor Disputes Act; that Montgomery Ward & Co., Incorporated, is engaged in the distribution of articles and materials that are essential to the maintenance of the war economy; that as a result of labor disturbances there are existing and threatened interruptions of the operations of the said plants and facilities of Montgomery Ward & Co., Incorporated; that the war effort will be unduly impeded or delayed by these interruptions; that the operation of other plants and facilities essential to the war effort is threatened by the labor disturbances at the plants and facilities of Montgomery Ward & Co., Incorporated; and that the exercise as hereinafter specified of the powers and authority vested in me is necessary to insure, in the interest of the war effort, the operation of these plants and facilities, and of other plants and facilities that are threatened to be affected by the said labor disturbances; and WHEREAS, after investigation I also find and proclaim that these existing and threatened interruptions result from the failure of Montgomery Ward & Co., Incorporated, to adjust labor disputes of long standing with respect to the terms and conditions of employment at the Company's plants and facilities; that the National War Labor Board has considered these disputes and issued directive orders determining and providing methods for their adjustment; that the labor unions involved have expressed their willingness to adjust the disputes in accordance with the directive orders of the National War Labor Board, but Montgomery Ward & Co., Incorporated, has persistently refused to accept the provisions of the directive orders as a basis for the adjustment of such disputes; and that this refusal unduly impedes and delays the successful prosecution of the war; NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including the War Labor Disputes Act (57 Stat. 163) and section 9 of the Selective Training and Service Act of 1940 (54 Stat. 892) as amended by the War Labor Disputes Act, as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows: 1. The Secretary of War is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of Montgomery Ward & Co., Incorporated, that are located in Jamaica, New York; Detroit, Dearborn and Royal Oak, Michigan; Chicago, Illinois; St. Paul, Minnesota; Denver, Colorado; San Rafael, California; and Portland, Oregon, and any real or personal property or other assets used or useful in connection with the operation of such plants and facilities, and to operate or to arrange for the operation of such plants and facilities in any manner that he deems essential for the successful prosecution of the war. The Secretary of War is also authorized to exercise any contractual or other rights of Montgomery Ward & Co., Incorporated; to continue the employment of, or to employ, any persons; to do any other thing that he may deem necessary for the operation of the said plants and facilities, including the production, sale, and distribution of the articles and materials customarily produced in or sold or distributed from the Isaid plants and facilities; and to take any other steps that he deems necessary to carry out the provisions and purposes of this order. 2. The Secretary of War shall operate the said plants and facilities under the terms and conditions of employment that are in effect at the time possession of the said plants and facilities is taken, and during his operation of the plants and facilities shall observe the terms and conditions of the directive orders of the National War Labor Board, including those dated June 6 and 16, 1944, and December 14 and 15, 1944, provided that the Secretary of War is authorized to pay the wage increases specified in said directive orders, from the effective dates specified in said directive orders to the date possession of said plants and facilities is taken under this order, only out of the net operating income of said plants and facilities during the period of their operation by the Secretary of War In the event that it appears to the Secretary of War that the net operating in |