times of peace. Upon the entrance of the United States into war it became imperative.

This was due not merely to the magnitude and complexity of the task that was thrown upon the Government, but also to the unusual conditions under which the war had to be fought. These conditions consisted in the fact that the resources of the country in both men and material were utterly inadequate to meet the demands made upon them. There was a shortage of man power, or at least of man power of the character required, of transportation facilities, both on land and water, of fuel, food, and almost every commodity required to meet the munition, equipment, and other needs of our military and naval forces. This shortage necessitated not only the taking of immediate steps for removing it, but the determination of the use to which should be put such resources as were available and the conditions under which they should be acquired.

Under these conditions it became necessary that the Government should at once undertake to do the following things: (1) formulate as definitely as circumstances would permit its military programme; (2) determine the total requirements in respect to all classes of men and material called for by such programme; (3) ascertain the extent to which these requirements could be met under existing conditions; (4) take steps to insure the creation of new facilities for meeting any shortage thus revealed; (5) determine the use to which such facilities and resources as were available should be put; and (6) fix the prices or compensation rates that should be paid for such services and supplies.

We have given this brief analysis of the purely administrative phase of the problem of the conduct of the war in order to make clear the need for the creation of

the various war agencies which will hereafter be described and the necessity for some organ of general administration which, standing outside of, and in a way superior to, the operating services, properly speaking, of the Government, should have as its function to see that these several steps were taken. A moment's reflection will show the necessity for some such organ of general direction, supervision, and control. If the separate services were left free to act according to their best judgment, each would naturally consider its own interests. There would be no assurance that they would be working to a common programme. They would compete with each other in a market inadequate to meet all their needs, with the result that prices would advance almost without limit, and there would be no assurance that services and supplies would be secured by those departments most urgently requiring them. Duplication of organization and work would occur on a large scale. And many things would remain undone by reason of the fact that they did not fall within the jurisdiction of the Government services as established prior to the war.

At the outbreak of the war the National Government was wholly without any such organ of general administration except in so far as the President and his Cabinet constituted such an organ. Though constitutionally the President's powers are exclusively executive as distinguished from administrative, the President has nevertheless become in effect the administrator-in-chief of the Government. This has resulted partly as a logical consequence of his duty as Chief Executive to see that the laws are duly enforced, partly in consequence of the powers possessed by him to nominate and, with the con

sent of the Senate, to appoint the chief administrative officers of the Government and his unrestricted power to dismiss all such officers, but chiefly from the fact that Congress has by statute conferred upon him administrative powers of the most comprehensive character. Especially has this policy been pursued by Congress since the entrance of the United States into the war. In almost no case did Congress attempt itself to prescribe the character of organization or the administrative methods that should be employed in enforcing the large volume of war legislation it enacted. Almost invariably it contented itself with providing that the President should take such action as in his opinion was wise to see that the provisions of those acts were properly carried out.

By an Act approved May 20, 1918,1 it went much further even than this, and conferred a general power upon the President during the war and for six months after its termination to effect such a coördination or consolidation of existing bureaus, agencies, and offices of the Government as in his opinion would lead to a more efficient prosecution of the war. This very important Act, which is known as the Overman Act from the name of its author, reads as follows:

Be it enacted, etc., That for the national security and defense, for the successful prosecution of the war, for the support and maintenance of the Army and Navy, for the better utilization of resources and industries, and for the more effective exercise and more efficient administration by the President of his powers as Commander-in-Chief of the land and naval forces the President is hereby authorized to make such redistribution of functions among executive agencies as he may deem necessary, including any functions, duties, and

1 An Act Authorizing the President to coördinate or consolidate executive bureaus, agencies, and offices, and for other purposes, in the interest of economy and the more efficient concentration of the Government.

powers hitherto by law conferred upon any executive department, commission, bureau, agency, office, or officer, in such manner as in his judgment shall seem best fitted to carry out the purposes of this Act, and to this end is authorized to make such regulations and to issue such orders as he may deem necessary, which regulations and orders shall be in writing and shall be filed with the head of the department affected and constitute a public record: Provided, That this Act shall remain in force during the continuance of the present war and for six months after the termination of the war by the proclamation of the treaty of peace, or at such earlier time as the President may designate: Provided further, That the termination of this Act shall not affect any act done or any right or obligation accruing or accrued pursuant to this Act and during the time that this Act is in force: Provided further, That the authority by this Act granted shall be exercised only in matters relating to the conduct of the present war.

SEC. 2. That in carrying out the purposes of this Act the President is authorized to utilize, coördinate, or consolidate any executive or administrative commissions, bureaus, agencies, offices, or officers now existing by law, to transfer any duties or powers from one existing department, commission, bureau, agency, office, or officer to another, to transfer the personnel thereof or any part of it either by detail or assignment, together with the whole or any part of the records and public property belonging thereto.

SEC. 3. That the President is further authorized to establish an executive agency which may exercise such jurisdiction and control over the production of aeroplanes, aeroplane engines, and aircraft equipment as in his judgment may be advantageous; and, further, to transfer to such agency, for its use, all or any moneys heretofore appropriated for the production of aeroplanes, aeroplane engines, and aircraft equipment.

SEC. 4. That for the purpose of carrying out the provisions of this Act, any moneys heretofore and hereafter appropriated for the use of any executive department, commission, bureau, agency, office, or officer shall be expended only for the purposes for which it was appropriated under the direction of such other agency as may be directed by the President hereunder to perform and execute said function.

SEC. 5. That should the President, in redistributing the functions among the executive agencies as provided in this Act, conclude that any bureau should be abolished and it or their duties and functions conferred upon some other department or bureau or eliminated entirely, he shall report his conclusions to Congress with such recommendations as he may deem proper.

SEC. 6. That all laws or parts of laws conflicting with the provisions of this Act are to the extent of such conflict suspended while this Act is in force.

Upon the termination of this Act all executive or administrative agencies, departments, commissions, bureaus, offices, or officers shall exercise the same functions, duties, and powers as heretofore or as hereafter by law may be provided, any authorization of the President under this Act to the contrary notwithstanding.

In thus vesting large powers in the President Con-. gress pursued the correct policy of concentrating administrative responsibility. If one considers the powers thus conferred upon the President in connection with the powers already possessed by him, as above set forth, and his special powers in time of war as Commander-inChief of the armed forces of the Nation, it will be seen how largely administrative power and responsibility were vested in the President for the doing of all the things necessary for the successful prosecution of the war and the meeting of the many problems growing out of the conflict.

In respect to the scope of the provisions of the Overman Act much popular misconception has existed. The opinion seems to have prevailed that under it the President could make such a reorganization of the administrative services as he saw fit, and not a little criticism has been directed against him for his failure to make a larger use of his supposed powers. In point of fact a reading of the Act shows that it expressly provided that