By Proclamation No. 2561, July 2, 1942, the President denied the right of access to the courts of the United States to certain enemies who have entered the United States in order to commit sabotage, espionage, or other hostile warlike acts, and directed that they be subject to the laws of war and to the jurisdiction of military tribunals. Executive Order No. 9205, July 25, 1942, established the President's War Relief Control Board and defined its functions and duties. Food Administrator By Executive Order No. 9280, December 5, 1942, the Secretary of Agriculture was directed to assume full responsibility for and control over the Nation's food program. The powers, functions and duties of the Secretary have been vested in the War Food Administrator by Executive Order No. 9322, March 26, 1943, as amended by Executive Order No. 9334, April 24, 1943. Medals and Citations By Executive Order No. 8808, June 28, 1941, the President established an "American Defense Service Medal," to be awarded under suitable regulations to personnel of the Army, Navy, Marine Corps, and Coast Guard, serving during the limited emergency proclaimed September 8, 1939, or the unlimited emergency proclaimed May 27, 1941. By Executive Order No. 8809, June 28, 1941, as amended by Executive Order No. 9323, March 31, 1943, the President established a "Good Conduct Medal," to be awarded under appropriate regulations to enlisted men of the Army of the United States who hereafter honorably complete three years of active Federal military service, and are recommended by their commanding officers. The President by Executive Order No. 9075, February 26, 1942, authorized and directed the Secretary of War to issue citations in the name of the President to organizations of the Army of the United States, or of the Philippine Army, for outstanding performance in action on or after December 7, 1941. The foregoing Order is superseded by Executive Order No. 9396, November 22, 1943, on the same subject. By Executive Order No. 9158, May 11, 1942, as amended by No. 9242-A, September 11, 1942, the President established an "Air Medal," with accompanying ribbons, for award to any person who, while serving in any capacity in or with the Army, Navy, Marine Corps, or Coast Guard of the United States subsequent to September 8, 1939, distinguishes, or has distinguished himself by meritorious achievement while participating in an aerial flight. By Executive Order No. 9265, November 6, 1942, the President established the "American," "European-African-Middle Eastern," and "Asiatic-Pacific" medals, to be awarded under suitable regulations to personnel of the land and naval forces of the United States, including the Women's Reserve of the United States Naval Reserve, and members of the Women's Army Auxiliary Corps, serving outside the continental limits of the United States, including the Territory of Alaska, during any period between December 7, 1941, and a date six months subsequent to the termination of the present war. The Purple Heart, which was established by General Washington during the War of the Revolution, was revised by War Department General Orders, No. 3, February 22, 1932, and may be awarded to persons wounded in action against the enemy or wounded as a direct result of an act of the enemy, provided such wound requires treatment by a medical officer. By Executive Order No. 9365, July 29, 1943, the President established the "Women's Army Corps Service Medal," including suitable appurtenances, to be awarded, under such regulations as the Secretary of War may prescribe, to members of the Women's Army Corps for honorable service performed by them in the Women's Army Auxiliary Corps. By Executive Order No. 9419, Februaury 4, 1944, the President established the Bronze Star Medal, with accompanying ribbons and appurtenances, for award to any person who, while serving in any capacity in or with the Army, Navy, Marine Corps, or Coast Guard of the United States on or after December 7, 1941, distinguishes, or has distinguished, himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military or naval operations against an enemy of the United States. Taking Over and Relinquishment of Plants and Mines The President by Executive Order No. 8773, June 9, 1941, directed the Secretary of War to take over and operate the plant of North American Aviation, Inc., pending settlement of labor troubles. By Executive Order No. 8814, July 2, 1941, the President directed the Secretary of War to immediately relinquish possession of said plant. The President by Executive Order No. 8928, October 30, 1941, directed the Secretary of War to take over and operate the plants of Air Associates, Inc., Bendix, New Jersey, until such time as the President determines that such possession and operation are no longer required in the interests of national defense. The President by Executive Order No. 9225, August 19, 1942, directed the Secretary o War to take possession of and operate the plant of the S. A. Woods Machine Company, South Boston, Massachusetts. By Executive Orders No. 9340, May 1, 1943, No. 9393, November 1, 1943, No. 9469, August 23, 1944, No. 9474, August 31, 1944, No. 9476, September 8, 1944, No. 9478, September 6, 1944, No. 9481, September 12, 1944, No. 9482, September 14, 1944, and No. 9483, September 19, 1944, the President authorized and directed the Secretary of the Interior to take immediate possession of and operate certain mines producing coal in which a strike or stoppage has occurred or is threatened. Upon request of the Secretary of the Interior, the Secretary of War shall take such action as he may deem necessary to provide protection. The President by Executive Order No. 9395B, November 20, 1943, authorized the Secretary of War to take immediate possession of and operate certain designated leather plants located in Salem, Peabody, and Danvers, Massachusetts, in order to produce the war materials called for by the Companys' contracts with the United States. By Executive Order No. 9403, December 13, 1943, the President directed the Secretary of War to relinquish possession of such plants. The President by Executive Order No. 9408, December 19, 1943, authorized and directed the Secretary of War to take immediate possession of and operate the Point Breeze plants and facilities of the Western Electric Company, Inc., in and near the City of Baltimore, Maryland, and to the extent he deems necessary is further authorized to take possession of and operate other installations in or near the City of Baltimore, used or operated by said Company in connection with its operation of the foregoing plants and facilities, in order to produce the war materials required by the company's contracts with the United States. The President by Executive Order No. 9420, February 7, 1944, authorized the Secretary of War to take possession of and operate the plants and facilities of the Arkwright Corporation, Berkshire Fine Spinning Associates, Inc., Border City Manufacturing Company, Bourne Mills, Howard Arthur Mills, Richard Borden Manufacturing Company, and Sagamore Manufacturing Company, in and about Fall River, Massachusetts. The President by Executive Order No. 9426, February 23, 1944, authorized the Secretary of War to take possession of and operate the plants, facilities, installations and other properties in California and Nevada of the Department of Water and Power of the City of Los Angeles, California. The President by Executive Order No. 9436, April 13, 1944, authorized and directed the Secretary of War to take possession of and operate the plants and facilities of Ken-Rad Tube and Lamp Corporation and Ken-Rad Transmitting Tube Corporation at Ownesboro, Kentucky. The President by Executive Order No. 9443, May 20, 1944, authorized and directed the Secretary of War to take possession of and operate the plants and facilities of Hummer Manufacturing Division of Montgomery Ward & Company, Inc.. located at Springfield, Illinois. The President by Executive Order No. 9473, August 29, 1944, authorized and directed the Secretary of War to take possession of and operate the plants and facilities of the International Nickel Company, Inc., located in and around Huntington, West Virginia. The President by Executive Order No. 9475A, September 2, 1944, authorized the Secretary of War to take possession of and operate certain plants and facilities of the Hughes Tool Company located at Houston, Texas. The President by Executive Order No. 9477, September 5, 1944, authorized the Secretary of War to take possession of and operate the plants and facilities of the Cleveland Graphite Bronze Company, Cleveland, Ohio. The President by Executive Order No. 9480, September 9, 1944, authorized and directed the Secretary of War to take possession of and operate the plants and facilities of the Twentieth Century Brass Works, Inc., located at Minneapolis, Minnesota. The President by Executive Order No. 9484, September 23, 1944, directed the Secretary of War to take possession of and operate the plants and facilities of the Farrell Cheek Steel Company, located at Sandusky, Ohio. The President by Executive Order No. 9496, November 3, 1944, authorized and directed the Secretary of War to take possession of and operate certain designated plants and facilities of companies producing war materials located in or near Toledo, Ohio. The President by Executive Order No. 9505, December 6, 1944, authorized and directed the Secretary of War to take possession of and operate the plants and facilities of Cudahy Brothers Company of Cudahy, Wisconsin. The President by Executive Order No. 9508, December 27, 1944, authorized and directed the Secretary of War to take possession of and operate the plants and facilities of Montgomery Ward & Company, Incorporated. Maritime Control Maritime control areas and regulations for the control thereof have been established by the following Proclamations: No. 2532, Dec. 27, 1941, Hawaii. No. 2536, Jan. 13, 1942, Cristobal and the Gulf of Panama. No. 2540, Feb. 10, 1942, Boston. No. 2543, Mar. 25, 1942, San Francisco, Columbia River, Puget Sound, Southeastern Alaska, Prince William Sound, Kodiak, and Unalaska. No. 2557, May 20, 1942, Padre Island Sea Range Area, Texas. (For danger zone regulations, see F. R. Aug. 4, 1942, page 6011 and March 30, 1943, page 3856.) No. 2569, Oct. 21, 1942, Casco Bay, Portsmouth, New Hampshire, Cape Hatteras, Key West and Los Angeles. No. 2573, Nov. 17, 1942, San Diego. Petroleum Administration By Executive Order No. 9276, December 2, 1942, as amended by Executive Order No. 9319, March 23, 1943, the President established the Petroleum Administration for War at the head of which shall be a Petroleum Administrator (the Secretary of the Interior, ex officio) who shall be directly responsible to the President, and defined the duties and functions of the office. Railroads By Executive Order No. 9412, December 27, 1943, the President directed the Secretary of War to take possession and control of all common carriers by railroad, express companies, terminal companies and association, sleeping, parlor and railroad-owned or controlled private car companies located in the continental United States, together with any and all appurtenances and facilities used in connection therewith. The Secretary is also directed to manage and operate or arrange for management and operation of all carriers taken under this order in such manner as he deems necessary to assure to the fullest possible extent continuous and uninterrupted transportation service. Possession, control and operation of any carrier or carriers, etc., taken under this order shall be terminated by the Secretary as soon as he determines such possession, control and operation are no longer required to prevent interruption of transportation service. Termination was accomplished by an order of the Secretary of War dated 18 January 1944. The President by Executive Order No. 9459, August 3, 1944, directed the Secretary of War to take possession and assume control of the Philadelphia Transportation Company and to operate said system for such purposes connected with the war emergency as he may deem needful. Typhus Commission By Executive Order No. 9285, December 24, 1942, the President established in the War Department, under the supervision and direction of the Secretary of War, a commission to be known as the United States of America Typhus Commission, for the purposes of protecting the members of the armed forces from typhus fever and preventing its introduction into the United States. Notes of Decisions 1. Commander-in-Chief of the Army.-Under the section of the Constitution making the President of the United States commander in chief of the Army and Navy, the President has the power to employ the Army and the Navy in a manner which he may deem most effectual, including the power to establish rules and regulations for the government of the Army and Navy. U. S. C. A. Const. art. 2, sec. 2. Nordmann v. Woodring, Sec. War, et al. (D. C., 1939), 28 F. Supp. 573. Regulations for the government of the Army and Navy, made pursuant to the authority conferred on the President, have the force of law. U. S. C. A. Const. art. 2, sec. 2. Id. When regulations for the Army and Navy are promulgated through the Secretary of War, they must be received as acts of the President and, as such, must be binding on all within the sphere of his authority. U.S. C. A. Const. art. 2, sec. 2. Id. It is within the power of the President as Commander-in-Chief to authorize the instruction of British flying students by members of the Army Air Corps at air corps training centers (May 23, 1941), 40 Op. Atty. Gen. No. 55. Statutory restrictions ordinarily applicable to Government contracts were not intended to handicap commanding generals waging war on foreign soil or to limit or encroach upon the power of the President as Commander-inChief to conduct, through his subordinates, military campaigns abroad. (Nov. 12, 1942), 40 Op. Atty. Gen. No. 56. The statutes and Executive orders are those which (1) prohibit contracts on a cost-plus-apercentage-of-cost basis and limit the fixed fee of cost-plus-a-fixed-fee contracts to seven percent of estimated cost (act of 2 May 1941. 55 Stat. 148; E. O. 9001, 6 Fed. Fed. Reg. 6787); (2) require certain contracts to contain provisions for renegotiation of the contract price (act of 28 April 1942, Pub. Law 528, 77th Cong.); (3) require the inclusion in all contracts of the so-called "Member or Delegate" clause (R. S. 3741, 41 U. s. C. 22, as amended); and (4) require the inclusion in certain contracts of a warranty against commissions, contingent fees, etc. (E. O. 9001, supra). II. Pardon power.-Where enlisted man in Navy was retired after thirty years of active service, having received from the President full and unconditional pardon for desertion, it is held that he is entitled to credit for conduct marks during his entire period of service without deduction for period during which he was incarcerated under the sentence of the general court-martial. Bennett v. U. S. (1939), 88 Ct. Cl. 602, 89 Ct. ping Administration take immediate and deCl. 541. Where an unconditional pardon has been granted, it gives a new credit and capacity, blots out the existing guilt, and makes the victim as innocent as if he had never committed the offense. Id. It is of course of paramount importance to the conduct of the war that the War Ship cisive steps to meet the emergency situations which may occur in foreign areas. The view has recently been expressed that restrictive provisions of the type here involved could not have been intended to impair the established principle that "the power to conduct military campaigns includes power to procure needed supplies in theaters of operations by whatever methods are dictated by military necessity" (1942) 40 Op. Atty. Gen. No. 56. Because the operation of the merchant marine during wartime is so closely connected with the actual conduct of military operations as to be virtually a part thereof, the considerations which control the procurement of military supplies in foreign theaters of opera of the War Shipping Administration which must be performed in foreign areas under emergency conditions. (Mar. 23, 1943), 40 Op. Atty. Gen. No. 68. III. Power to take possession of plants.Motion for a permanent injunction against the operation of industrial properties by the Government. The plaintiff's plant and properties were devoted to the manufacture of essential war products. The Army seized possession of the property on the authority of an Executive Order issued by the President on 13 April 1944. This Order was based upon a finding of threatened interruption tions are equally applicable to the contracts of production by reason of labor disturbances. The disturbance was precipitated by the refusal of plaintiff to comply with an order of the War Labor Board. Proceeding dismissed. Held, The evidence shows that the President's Order was not arbitrary in character. Accordingly it may be upheld under sec 9, Selective Training and Service Act of 1940, as amended by sec. 3, War Labor Disputes Act (57 Stat. 164), or, even if there were no statute, under the broad constitutional powers of the President as Commander-inChief. Since the validity of the Order does not depend upon the validity of the order of the War Labor Board, it is not necessary to pass upon the lawfulness of that order. Ken-Rad Tube and Lamp Corporation บ. Carroll Badeau (D. C., W. D. Ky., 1944), 55 F. Supp. 193. IV. War Shipping Administration Contracts. The Administrator of the War Shipping Administration has raised the question, whether certain statutes and Executive orders are applicable to contracts to be performed in foreign countries for supplying, repairing, and furnishing various services, such as stevedoring and terminal facilities, to vessels operated by the War Shipping Administration. V. War Labor Disputes Act. The term "the representative of the employees of a war contractor," as used in section 8(a), subsections (1) and (3), of the War Labor Disputes Act, act of June 25, 1943 (57 Stat. 167), is to be interpreted as referring to the any group of employees. representative of (July 29, 1943), 40 Op. Atty. Gen. No. 69. The provision in the War Labor Disputes Act and in Executive Order No. 9393 for the return of coal mines taken over by the Government within "sixty days after the restoration of the productive efficiency thereof prevailing prior to the taking of possession thereof" does not contemplate the return of the mines to their owners if, in the light of all the factors involved, the Secretary of the Interior has determined that this would result in a recurrence of strikes or stoppages which would require the Government again to take possession under the statute. (Jan. 14, 1944), 40 Op. Atty. Gen. No. 77. CLAUSE 2. TREATIES; APPOINTMENT OF OFFICERS Treaties February 27, 1942, established the Joint Mexican-United States purpose of studying problems relating to the common defense Executive Order No. 9080, Defense Commission for the of the United States and Mexico. Appointment of Officers II. Appointment of Officers. The definition of "officer of the United States," within statute providing that District Courts shall not have jurisdiction of cases brought to recover compensation of such officers, may be found in the constitutional provision dividing "officers of the United States" into those named in the Constitution and those "whose appointments・・ shall be established by law," and provision that Congress may vest appointment of superior officers in the President, courts of law or heads of departments. Const. art. 2, sec. 2, cl. 2. Brooks v. U. S. (D. C., E. D. N. Y., 1939), 33 F. Supp. 68. In constitutional provision that Congress may vest appointment of inferior officers in "heads of departments," the quoted phrase means one of the members of the President's cabinet, and does not include a mere bureau head. Const. art. 2, sec. 2, cl. 2. Id. One appointed chief petty officer in the Navy by his commanding officer and the Chief of the Bureau of Navigation was not an "officer of the United States" within terms of statute providing that District Court should not have jurisdiction of cases brought to recover compensation of such officers. Const. art. 2, sec. 2, cl. 2. Id. ARTICLE III. JUDICIAL DEPARTMENT Treaties.-Courts, in the exercise of their judicial functions, must interpret and apply treaties made by the United States, but the judicial function extends only to justiciable cases and controversies. Const. art. 8, sec. 2, el. 1; art. 6, el. 2. Z & F Assets Realization Corporation et al. v. Hull, Secretary of State (Lehigh Valley R. Co. et al., interveners). (App. D. C., 1940), 114 F. (2d) 464; affirmed (1941), 311 U. S. 470. When alleged controversies arising out of treaty relationships are political in nature, they are not "cases" within constitutional provision providing that judicial power shall extend to all cases arising under treaties. Const. art. 3, sec. 2, el. 1. Id. A "treaty" is primarily a compact between independent nations, and judicial courts can give no redress for its infraction, but 8 treaty may contain provisions prescribing a By giving to the courts "judicial power" rule by which the rights of private citizen or the Constitution presupposed an historic con- subject may be determined and thereby partent for that phrase and relied on assumption take of the nature of a municipal law which by the judiciary of authority only over is capable of enforcement as between priIssues which are appropriate for disposition vate parties in the courts. Const. art. 8, by judges. Const. art. 3, sec. 2, cl. 1. Id. sec. 2, cl. 1. Id. ARTICLE IV. STATE RELATIONS In general. The right of Congress to regulate the commerce of Puerto Rico is founded on the constitutional power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and the power is in no direct sense dependent upon the commerce clause. Const. art. 1, sec. 8, cl. 3; art. 4, sec. 3, cl. 2. Sancho v. Bacardi Corporation of America, and Destileria Serralles, Inc., v. Same (C. C. A. 1, 1940), 109 F. (2d) 57. Congress has power to determine how Const. public lands shall be administered. art. 4, sec. 3, cl. 2. U. S. v. Thompson (D. C., E. D. Wash., N. D. 1941), 41 F. Supp. 18. Section 4. Form of State Government By Proclamation No. 2588, June 21, 1948, the President commanded all persons engaged in unlawful and insurrectionary proceedings in the State of Michigan to disperse and retire to their respective abodes immediately and hereafter to submit themselves to the laws and constituted authorities of said State. |