Federal Register - May 15, 1943
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Fuente: Federal Register
REGISTER
FEDERAL
VOLUME 8
V
934
NUMBER 96
Washington, Saturday, May 15, 1943
The President EXECUTIVE ORDER 9341
D irecting the D irector op the O ffice of D efense T ransportation to T ake Con trol of the P roperties of the Ameri can R ailroad Company of P orto R ico
WHEREAS the operations of the American Railroad Company of Porto Rico have been interrupted by a labor dispute; and WHEREAS the operation of this rail road is necessary for the movement of supplies and food for the armed forces and the civilian population and is other wise essential to the effective prosecu tion of the war:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitu tion and laws of the United States, and as President of the United States and as Commander in Chief of the Army and Navy, it is hereby ordered:
1. The Director of the Office of De fense Transportation is directed to take immediate possession of all real and per sonal property, franchises, rights, facil ities, funds and other assets, tangible and intangible, of the American Railroad Company of Porto Rico, and to operate or arrange for the operation of such rail road in such manner as he deems neces sary for the successful prosecution of the war, through or with the aid of such public or private agencies, persons or corporations as he may designate.
2. The Director of the Office of De fense Transportation shall manage or arrange for the management of said rail road under such terms and conditions of employment as he deems advisable and proper, pending termination of the ex isting labor dispute. Nothing herein shall be deemed to render inapplicable insular or Federal laws concerning the health, safety, security and employment standards of the employees of said rail road.
3. The National War Labor Board shall proceed, forthwith, after due in vestigation and hearing, to make a final determination of the existing labor dis pute between the American Railroad Company of Porto Rico and its employ ees, which determination when made shall be retroactive to the date of Fed
eral possession of the properties of said railroad.
4. Except with the prior written con sent of the Director of the Office of De fense Transportation, no attachment by mesne or garnishee process or on execu tion or otherwise shall be levied on or against any of the real and personal property, franchises, rights, facilities, funds and other assets, tangible and in tangible, of the American Railroad Com pany of Porto Rico in the possession of the Director of the Office of Defense Transportation. As a part of the terms and conditions of the possession and op eration directed to be taken hereunder, the Director of the Office of Defense Transportation is authorized in his dis cretion to make advances from the net cash earnings of his operation of the railroad, in such amounts and on such terms as he deems desirable, for the dis charge of lawful obligations of the Amer ican Railroad Company of Porto Rico, and for the preservation of the real and personal property, corporate organiza tion and franchises, rights, facilities, funds and other assets, tangible and in tangible, of the railroad. Advances pur suant to the authority of this paragraph shall not be repayable before the time of final determination, by settlement or ad judication, of any claim of the railroad for compensation by reason of action taken pursuant to this order.
5. Such real and personal property, franchises, rights, facilities, funds and other assets, tangible and intangible, of the American Railroad Company of Porto Rico as the Director of the Office of Defense Transportation deems un necessary to carry on the operation of such railroad may, from time to time, in his discretion, be returned to the railroad.
6. Possession and operation hereunder shall be terminated when the President determines that such possession and op eration are no longer required for the successful prosecution of the war.
7. Upon the request of the Director of the Office of Defense Transportation, the Secretary of War shall take such action, if any, as he may deem necessary or desirable to provide protection to the railroad property and to persons work ing for or seeking employment by the railroad.
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CONTENTS
THE PRESIDENT
Executive O rder:
Page
American Railroad Company of Porto Rico; control of properties by Director of Office of Defensq Trans portation______
6323
REGULATIONS AND
NOTICES
Agricultural Adjustment A gency:
Cotton, national allotment and marketing quotas 2 docu ments _____________ 6325, 6326
National agricultural conserva tion program, 1943_______ 6325
Tobacco, marketing quotas:
Burley 2 documents______ 6326
Fire-cured and d a r k aircured 3 documents _ 6326,6327
Flue-cured 2 documents__ 6327
A gricultural M arketing Adminis
tration:
Essex County Coop Co., order extending suspension pe riod_____;________ _____ 6383
B ituminous C oal D ivision :
Hearings, etc.:
District Board 3__________
District Board 12_________
Minimum price s c h e d u l e s amended:
District 8_________
District 11 3 documents __
6382
6382
6329
6329, 6330
District 13________________ 6331
B oard of E conomic W arfare:
Gaumnitz, Edwin W., designa tion as Acting Chief of Of fice, Office of Exports_____
General licenses____________
6331
6331
Civil A eronautics B oard:
National Airlines, Inc., hearing- 6384
Customs B ureau:
Silver and black fox quota__
6382
F arm Credit A dministration:
Federal Land Bank of Louisville, application fees_________ 6324
F ederal T rade Commission :
Trommer, John F., Inc.; cease and desist order________
6329
O ffice of D efense T ransportation:
Traffic m o v e m e n t direction, movement of coal on Great Lakes Gen. Order ODT
9A_________ ____ _____ 6381
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6323