EXECUTIVE ORDER 9663 CREATING AN EMERGENCY BOARD TO INVESTIGATE A DISPUTE BETWEEN THE TEXAS & NEW ORLEANS RAILWAY COMPANY AND HOSPITAL ASSOCIATION OF THE SOUTHERN PACIFIC LINES IN TEXAS AND LOUISIANA, AND CERTAIN OF ITS EMPLOYEES WHEREAS a dispute exists between the Texas & New Orleans Railway Company and Hospital Association of the Southern Pacific Lines in Texas and Louisiana, a carrier, and certain of its employees represented by the Brotherhood of Locomotive Engineers Brotherhood of Railroad Trainmen Brotherhood of Maintenance of Way Employees Brotherhood Railway Carmen of America International Association of Machinists International Brotherhood of Boilermakers, Iron Ship Builders and Helpers of America Sheet Metal Workers International Association International Brotherhood of Electrical International Brotherhood of Firemen and labor organizations; and WHEREAS, this dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and WHEREAS, this dispute, in the judgment of the National Mediation Board, threatens substantially to interrupt interstate commerce within the states of Texas and Louisiana to a degree such as to deprive that portion of the country of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a board of three members, to be appointed by me, to investigate said dispute. No member of the said board shall be pecuniarily or otherwise interested in any organization of railway employees or any carrier. The board shall report its findings to the President with respect to the said dispute within thirty days from the date of this order. As provided by section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the Texas & New Orleans Railway Company and Hospital Association of the Southern Pacific Lines in Texas and Louisiana or their employees in the conditions out of which the said dispute arose. HARRY S. TRUMAN THE WHITE HOUSE, November 30, 1945. EXECUTIVE ORDER 9664 CONTINUING THE WORK OF THE FAIR EMPLOYMENT PRACTICE COMMITTEE By virtue of the authority vested in me by the Constitution and statutes, it is hereby ordered as follows: The duties and responsibilities imposed upon the Committee on Fair Employment Practice by Executive Order 8802, dated June 25, 1941, as amended by Executive Order 8823 of July 18, 1941, and by Executive Order 9346 of May 27, 1943, shall be continued thereunder for the period and subject to the conditions stated in the National War Agencies Appropriation Act, 1946, (Public Law 156, 79th Congress, 1st Session, approved July 17, 1945). As a part of its duties the Committee shall investigate, make findings and recommendations, and report to the President, with respect to discrimination in industries engaged in work contributing to the production of military supplies or to the effective transition to a peacetime economy. THE WHITE HOUSE, HARRY S. TRUMAN December 18, 1945. EXECUTIVE ORDER 9665 TRANSFER OF THE FUNCTIONS OF THE SMALLER WAR PLANTS CORPORATION TO THE RECONSTRUCTION FINANCE CORPORATION AND THE DEPARTMENT OF COMMERCE By virtue of the authority vested in me by the Constitution and statutes, including Title I of the First War Powers Act, 1941, and as President of the United States, it is hereby ordered as follows: 1. There are transferred to the Reconstruction Finance Corporation all functions of the Smaller War Plants Corporation, hereinafter referred to as the Corporation, under sections 4 (f) and 6 of the act of June 11, 1942, 56 Stat. 351, sections 18 (e) and 18 (f) of the Surplus Property Act of 1944, 58 Stat. 765, and the Contract Settlement Act of 1944, 58 Stat. 649, except sections 20 (g) (1) and 21 (b) thereof and except so much of section 20 (g) (2) thereof as does not provide for making interim loans and guaranties, together with all personnel, property, records, assets, and liabilities of the Corporation except as shall be otherwise determined pursuant to the provisions of sections 2 or 4 hereof. The functions of the board of directors of the Corporation which relate to the functions of the Corporation transferred by this section are transferred to the board of directors of the Reconstruction Finance Corporation. 2. All functions of the Corporation not transferred by section 1 of this order are transferred to the Department of Commerce, and all functions of the board of directors of the Corporation which are not transferred by the said section, together with the functions of the chairman as a member of the Contract Settlement Advisory Board (provided for in section 5 of the Contract Settlement Act of 1944), are transferred to the Secretary of Commerce. Such functions may be performed through such agencies and persons in the Department of Commerce as the Secretary shall designate, and one of such persons may receive a salary at a rate of not more than $10,000 per annum. There shall be transferred to the Department of Commerce so much of the personnel, property, and records of the Corporation, and of the funds of the Corporation available for administrative expenses, as the Director of the Bureau of the Budget shall determine to relate primarily to the functions transferred by this section. 3. The board of directors of the Reconstruction Finance Corporation and the Secretary of Commerce shall, respectively, submit the reports required by section 5 of the said act of June 11, 1942, in connection with the functions transferred under sections 1 and 2 of this order; and expenditures in connection with the functions transferred under the said section 1 which may be considered as non-administrative expenses un der Public Law 156, 79th Congress, shall be determined by the chairman of the said board or by a person designated by such board. 4. Such further measures and dispositions as may be determined by the Director of the Bureau of the Budget to be necessary to effectuate the transfers provided for in this order shall be carried out in such manner as the Director may direct and by such agencies as he may designate. 5. All prior regulations, rulings, and other directives relating to any function transferred by this order shall remain in effect except as they are in conflict with this order or are hereafter amended or revoked under proper authority. 6. All provisions of prior Executive orders in conflict with this order are amended accordingly. 7. This order shall be effective as of the opening of business January 28, 1946. HARRY S. TRUMAN NOW THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including Title I of the First War Powers Act, 1941 (55 Stat. 838), and as President of the United States, it is hereby directed that on and after January 1, 1946, the Coast Guard shall operate under the Department of the Treasury; and thereupon all authority, powers, and duties conferred upon or vested in the Secretary of the Navy by any law, proclamation or Executive order affecting the Coast Guard, enacted 1 Noted in Title 33 and Title 46, Chapter I. or promulgated during the period the Coast Guard has been operating as a part of the Navy and now in effect, shall, to the extent that they affect the Coast Guard, vest in and be exercised by the Secretary of the Treasury. This order is subject to the following exceptions, provisions, and conditions: 1. In the interest of expeditious demobilization and other exigencies of the Naval Service, such Coast Guard vessels, facilities, and personnel as the Secretary of the Treasury and the Secretary of the Navy may mutually agree upon shall continue to operate as a part of the Navy, subject to the orders of the Secretary of the Navy, for such additional time beyond January 1, 1946, as the agreement may provide. 2. The Coast Guard shall continue, for such period as may be mutually agreeable to the Secretary of the Treasury and the Secretary of the Navy, Air-Sea Rescue functions and the maintenance and operation of mid-ocean weather stations and air-sea navigational aids, under the directional control of the Navy; and all vessels, facilities, equipment and supplies required by the Coast Guard in connection with the maintenance and operation of such activities and not required by the Naval Establishment are authorized to be transferred to the jurisdiction of the Department of the Treasury for the use of the Coast Guard. 3. In the initiation, prosecution, and completion of disciplinary action, including remission and mitigation of punishments for any offense committed by any officer or enlisted man of the Coast Guard, the jurisdiction shall depend upon and be in accordance with the laws and regulations of the department having Jurisdiction of the person of such offender at the various stages of such action. 4. In effecting the transfer herein prescribed no change shall be made until June 30, 1946, in existing methods of appropriation accounting, or in existing methods of disbursement for the Coast Guard, which shall continue until that date to be performed as heretofore by officers of the Navy or Coast Guard designated under existing regulations for that purpose. The appropriation accounts of the Coast Guard shall be kept on the general ledgers of the Navy Department until June 30, 1946, after which date they shall be transferred to the Treasury Department. The said Executive Order No. 8929 of November 1, 1941, is hereby revoked. HARRY S. TRUMAN THE WHITE HOUSE, December 28, 1945. EXECUTIVE ORDER 9667 REVOKING EXECUTIVE ORDER 9074 OF FEBRUARY, 25, 1942, DIRECTING THE SECRETARY OF THE NAVY TO TAKE ACTION NECESSARY TO PROTECT VESSELS, HARBORS, PORTS AND WATERFRONT FACILITIES By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Army and Navy, it is ordered that Executive Order 9074 of February 25, 1942, directing the Secretary of the Navy to take action necessary to protect vessels, harbors, ports and waterfront facilities, be, and it is hereby revoked. Act, 1941 (55 Stat. 838), and as President of the United States, it is hereby ordered as follows: There are transferred from the War Department to the Administrator of Civil Aeronautics, Department of Commerce, (1) all air-navigation, air-traffic-control, airways-communications, and meteorological facilities of the United States necessary to the operation of civil aircraft of the United States in international air commerce at Tehran, Abadan, and Jask, Iran, (2) all other property of the United States located at the site of any of the said facilities, including housing, other structures, equipment, and vehicles, necessary to the operation and maintenance of such facilities, (3) all functions of operation and maintenance of such facilities, and (4) so much of the funds available or to be made available for the use of the War Department in the operation and maintenance of such facilities as the Director of the Bureau of the Budget shall determine to relate to the said functions. This order shall become effective on January 1, 1946. THE WHITE HOUSE, HARRY S. TRUMAN December 28, 1945. EXECUTIVE ORDER 9670 ESTABLISHING THE TENNESSEE NATIONAL WILDLIFE REFUGE 1 WHEREAS on November 29, 1945, the Tennessee Valley Authority and the United States Department of the Interior Tabulated in § 11.1 of Title 50. entered into an agreement providing for the transfer by the Authority to the Department of certain rights with respect to the lands therein designated and described in the counties of Henry, Benton, Humphreys, and Decatur, Tennessee, so that such lands might be reserved and used as a wildlife refuge, in accordance with the terms and conditions of the agreement and subject to my approval of the agreement and my establishment of the contemplated refuge; and WHEREAS I have this day approved the said agreement between the Tennessee Valley Authority and the United States Department of the Interior; and WHEREAS it appears that the establishment of the wildlife refuge contemplated by the agreement will further the purposes of the Migratory Bird Conservation Act (45 Stat. 1222) and is in the public interest: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, I hereby reserve and set apart for the use of the Department of the Interior as a refuge and wildlife management area for migratory birds and other wildlife the lands designated and described for that purpose in the said agreement of November 29, 1945, between the Tennessee Valley Authority and the United States Department of the Interior, such reservation to be in accordance with, and subject to, the terms and conditions of the said agreement. This reservation shall be known as the Tennessee National Wildlife Refuge. HARRY S. TRUMAN THE WHITE HOUSE, CHAPTER V-MILITARY ORDERS MILITARY ORDER OF JANUARY 11, 1945 GOVERNING THE ESTABLISHMENT OF MILITARY COMMISSIONS FOR THE TRIAL OF CERTAIN OFFENDERS AGAINST THE LAW OF WAR, AND GOVERNING THE PROCEDURE FOR SUCH COMMISSIONS By virtue of the authority vested in me as President and as Commander in Chief of the Army and Navy, under the Constitution and statutes of the United States, and more particularly the ThirtyEighth Article of War (10 U.S.C. 1509), it is ordered as follows: 1. All persons who are subjects, citizens or residents of any nation at war with the United States or who give obedience to or act under the direction of any such nation, and who during time of war enter or attempt to enter the United States or any territory or possession thereof, through coastal or boundary defenses, and are charged with committing or attempting or preparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war, shall be subject to the law of war and to the jurisdiction of military tribunals. The commanding generals of the several service and defense commands in the continental United States and Alaska, under the supervision of the Secretary of War, are hereby empowered to appoint military commissions for the trial of such persons. 2. Each military commission so established for the trial of such persons shall have power to make and shall make, as occasion requires, such rules for the conduct of its proceedings, consistent with the powers of military commissions under the Articles of War, as it shall deem necessary for a full and fair trial of the matters before it: Provided, that (a) Such evidence shall be admitted as would, in the opinion of the president of the commission, have probative value to a reasonable man; (b) The concurrence of at least twothirds of the members of the commission present at the time the vote is taken shall be necessary for a conviction or sentence; (c) The provisions of Article 70 of the Articles of War, relating to investigation and preliminary hearings, shall not be deemed to apply to the proceedings; (d) The record of the trial, including any judgment or sentence, shall be promptly reviewed under the procedures established in Article 501⁄2 of the Articles of War. FRANKLIN D ROOSEVELT THE WHITE HOUSE, January 11, 1945. |