Federal Register - May 11, 1948
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Source: Federal Register
FEDERAL
VOLUME 13
REGISTER
1934
p
United
NUMBER 92
Washington, Tuesday, May 11, 1948
TITLE 3 THE PRESIDENT
EXECUTIVE ORDER 9957
P ossession, Control, and O peration op Certain R ailroads
WHEREAS I find that as a result of labor disturbances there are interrup tions, and threatened interruptions, of the operations of the transportation sys tems owned or operated by the carriers by railroad named in the list attached hereto and made a part hereof; that it has become necessary to take possession and assume control of the said transpor tation systems for purposes that are needful or desirable in connection with the present emergency; and that the ex ercise, as hereinafter specified, of the powers vested in me is necessary to in sure in the national interest the opera tion of the said transportation systems:
NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and the laws of the United States, including the act of August 29, 1916, 39 Stat. 619, 645, as President of the United States and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
1. Possession, control, and operation of the transportation systems owned or operated by the carriers by railroad named in the list attached hereto and hereby made a part hereof are hereby taken and assumed, through the Secre tary of the Army hereinafter referred to as, the Secretary, as of 12 oclock noon, Eastern Standard Time, May 10, 1948; but such possession and control shall be limited to real and personal property and other assets used or useful in connection with the operation of the transportation systems of the said car riers. If and when the Secretary finds it necessary or appropriatefor carrying out the purposes of this order, he may, by appropriate order, take possession and assume control of all or any part of any transportation system of any other car rier by railroad located in the continental United States.
2. The Secretary is directed to operate or to arrange for the operation of, the transportation systems taken under or pursuant to this order in such manner as he deems necessary to assure to the full est possible extent continuous and un interrupted transportation service.
3. In carrying out the provisions of this order the Secretary may act through
or with the aid of such public or private instrumentalities or persons as he may designate, and may delegate such of his authority as he may deem necessary or desirable. The Secretary may issue such general and special orders, rules, and regulations as may be necessary or ap propriate for carrying out the provisions, and to accomplish the purposes, of this order. All Federal agencies shall comply with the orders of the Secretary issued pursuant to this order and shall cooper ate to the fullest extent of their author ity with the Secretary in carrying out the provisions of this order.
4. The Secretary shall permit the management of Carriers whose transpor tation systems have been taken under, or which may be taken pursuant to, the provisions of this order to continue their respective managerial functions to the maximum degree possible consistent with the purposes of this order. Except so far as the Secretary shall from time to time otherwise provide by appropriate order or regulation, the boards of di rectors, trustees, receivers, officers, and employees of such carriers shall con t in ú e s e operation of the said transpor tation systems including the collection and disbursement of funds thereof, in the usual and ordinary course of the business of the carriers, in the names of their respective companies, - and by means of any agencies, associations, or other instrumentalities now utilized by the carriers.
5. Except so far as the Secretary shall from time to time otherwise determine and provide by appropriate orders or regulations, existing contracts and agree ments to which carriers whose trans portation systems have been taken under, or which may be taken pursuant to, the provisions of this order are parties, shall remain in full force and effect. Nothing in this order shall have the effect of sus pending or releasing any obligation owed to any carrier affected hereby, and all payments shall be made by the persons obligated to the carrier to which they are or may become-due. Except as the Sec retary may otherwise direct, there may be made, in due course, payments of dividends on stock, and of principal, in terest, sinking funds, and all other dis tributions upon bonds, debentures, and other obligations; and expenditures may Continued on p. 2505
CONTENTS
V
THE PRESIDENT
Executive Order
Pa6
Possession, control, and operation of certain railroads_________ 2503
E&CUTIVE AGENCIES
Agriculture Department
Proposed rule making:
Peaches in North and South Carolina:
Decision with respect to m ar keting a g r e e m e n t and order__________________ 2543
Referendum to be conducted among producers and desig nation of agents________ 2549
Poultry, dressed, and dressed domestic rabbits and edible products_________________ 2542
Alien Property, Office of
Notices:
Vesting orders, etc:
Bender, Hans_____________
Bliss, Arthur Ames, and Laura Neuhans Blass__________
Krause, Dr. George A______
Meier, Caroline___________
Osaka Marine & Fire Insur ance Co., Ltd. and Mitsubi shi Marine &Fire Insurance Co., Ltd
Reger, Mrs. B---------------Saechsische Staatsbank____
Schech, Caroline__________
Schulke, Hedwig________
Stoeckler, Clara__________
Usuki, Harumi____________
Wahl, H. G_______________
Weigl, Mary_____________
Woy, Margarethe_________
Yasui, Haruno, et al________
2556
2555
2557
2557
2557
2558
2558
2556
2558
2559
2559
2559
2560
2561
2560
Army Department
Rules and regulations:
New Mexico and California; list of Executive orders, proclamations and public land o r ders affecting military reser vations______________
2507
Civil Service Commission
Rules and regulations:
Competitive service, list of posi tions excepted____________ 2506
Personnel, transfer to public in ternational organizations in which U. S. Government par ticipates or to American mis sions____________________ 2506
2503