Executive Order 9693—Possession, Control, and Operation of the Transportation Systems, Plants, and Facilities of Certain Towing and Transportation Companies Operating in New York Harbor and Contiguous Waters

WHEREAS after investigation I find and proclaim that as a result of a labor disturbance there are existing interruptions of the operations of transportation systems, plants, and facilities owned or operated by companies conducting towing and transportation operations in New York Harbor and contiguous waters (including but not limited to the transportation systems, plants, and facilities of the companies named in the list attached hereto and made a part hereof); that the war effort will be unduly impeded and delayed by such interruptions ; that it has become necessary to take possession and assume control of said transportation systems, plants, and facilities for purposes that are needful or desirable in connection with the present wartime emergency; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure in the national interest the operation of the said transportation systems, plants, and facilities.

NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including section 9 of the Selective Training and Service Act of 1940 as amended by section 3 of the War Labor Disputes Act (57 Stat. 164), the act of August 29, 1916, 39 Stat. 619, 645, and the First War Powers Act, 1941 (55 Stat. 838), as President of the United States and Commander in Chief of the Army and Navy, it is hereby ordered as follows:

1. The Director of the Office of Defense Transportation is authorized and directed , through or with the aid of any public officers, Federal agencies, or other governmental instrumentalities that he may designate, to take possession and assume control of the said transportation systems, plants, and facilities owned or operated by companies conducting towing or transportation operations in New York Harbor and contiguous waters (including but not limited to the transportation systems, plants, and facilities of the companies named in the list attached hereto and made a part hereof), including all real and personal property and other assets used or useful in connection with the operation of such transportation systems, plants, and facilities in such manner as he may deem necessary to carry out the provisions and to accomplish the purposes of this order.

2. Subject to applicable provisions of existing law, including the orders of the Office of Defense Transportation issued pursuant to Executive Order 8989, as amended, the said transportation systems, plants, and facilities shall be managed and operated under the terms and conditions of employment in effect at the time possession is taken under this order.

3. Except with the prior written consent of the Director, no attachment by mesne process, garnishment, execution, or otherwise shall be levied on or against any of the real or personal property or other assets, tangible or intangible, in the possession of the Director hereunder.

4. Possession, control, and operation of any plant or facility, or of any transportation system, or any part thereof, or of any real or personal property taken under this order shall be terminated by the Director when he determines that such possession, control, and operation are no longer necessary to carry out the provisions, and to accomplish the purposes, of this order.

5. For the purposes of paragraphs 1 to 4, inclusive, of this order, there are hereby transferred to the Director the functions, powers, and duties vested in the Secretary of War by that part of section 1 of the said act of August 29, 1916, reading as follows:

"The President, in time of war, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer of transportation of troops, war material and equipment, or for such other purposes in connection with the emergency as may be needful or desirable."

6. The Director of the Office of Defense Transportation may request the Secretary of War and the Secretary of the Navy to furnish protection for persons employed or seeking employment in the plants, facilities, or transportation systems of which possession is taken, to furnish protection for such plants, facilities, and transportation systems, and to furnish equipment, manpower, and other facilities or services deemed necessary by the Director to carry out the provisions, and to accomplish the purposes, of this order. The Secretary of War and the Secretary of the Navy are authorized and directed, upon such requests, to take such action as they deem necessary to furnish such protection, equipment, manpower, or other facilities or services.

LIST

1. Amboy Towboats, Inc., Tottenville, Staten Island, New York

2. Anderson Water & Towing Co., 59 Pearl Street, New York, New York

3. The Arundel Corp., Ft. Fulton Street, Brooklyn, New York

4. E. E. Barrett & Co., 90 West Street, New York, New York

5. Bay Ridge Water & Lighterage Co., Inc., 90 Broad Street, New York, New York

6. Berwind White Coal Co., 1 Broadway, New York, New York

7. Bouchard Transportation Co., 17 Battery Place, New York, New York

8. Bridgeport Towing Line, 2 Stratford Avenue, Bridgeport, Conn.

9. Bronx Towing Line, Inc., 152nd St., Harlem River, New York, New York

10. Ira S. Bushey & Sons, 764 Court Street, Brooklyn, New York

11. Canal Lakes Towing Corp., 17 State Street, New York, New York

12. Card Towing Line, 17 State Street, New York, New York

13. Carroll Towing Co., Inc., 17 Battery Place, New York, New York

14. Clearly Brothers, 67 Wall Street, New York, New York

15. Cornell Steamboat Co., Ft. W. 53rd Street, New York, New York

16. Croton Water Company, 15 Moore Street, New York, New York

17. Cullen Transportation Co., 80 Broad Street, New York, New York

18. Dalzell Towing Co., Inc., 21 State Street, New York, New York

19. Dauntless Towing Line, Inc., 70 Pine Street, New York, New York

20. Delaware Towing Co., #3 North Pier Street, Brooklyn, New York

21. Dillon Towing Line, 26 Court Street, Brooklyn, New York

22. Downer Towing Corp., Pier 56, North River, New York, New York

23. Henry DuBois Sons Co., 17 State Street, New York, New York

24. Essex Transportation Co., 15 Exchange Place, Jersey City, New Jersey

25. Gallagher Brothers Sand & Gravel Corp., 39 Broadway, New York, New York

26. Henry Gillam's Sons Lighterage, Inc., 15 Moore Street, New York, New York

27. Gowanus Towing Co., Ft. Smith Street, Brooklyn, New York

28. Grace Line, Pier 57, North River, New York, New York

29. Great Lakes Dredge & Dock Co., 17 Battery Place, New York, New York

30. Harbor Towboat Bo., 4 Coenties Slip, New York, New York

31. James Healing Co., 76 Montgomery St., Jersey City, New Jersey

32. W. E. Hedger Transportation Co., 120 Wall Street, New York, New York

33. Henjes Marine Corp., 24 State Street, New York, New York

34. Hills Towing Trans., 67 Wall Street, New York, New York

35. Hudson Towboat Co., Ft. 6th Street, Hoboken, New Jersey

36. International Elevating Co., #2 Broadway, New York, New York

37. Jamaica Bay Towing, Beach 77 Rockaway Blvd., Long Island, New York, New York

38. Jersey City Stockyards, Ft. of 6th Street, Jersey City, New Jersey

39. John & Frederick Barge Corp., 17 Battery Place, New York, New York

40. Lee & Simmons, Inc., 44 Whitehall Street, New York, New York

41. Lee Transit Corp., 17 State Street, New York, New York

42. Manhattan Lighterage Co., 17 Battery Place, New York, New York

43. Mathiasen Shipping Co., 70 Pine Street, New York, New York

44. Matton Towing Co., Waterford, New York

45. McAllister Lighterage Line, Inc., 17 State Street, New York, New York

46. McCarren Towing Line, Inc., 15 Exchange Place, New York, New York

47. McWilliams Blue Line, 1 Broadway, New York, New York

48. Merritt, Chapman & Scott Corp., 17 Battery Place, New York, New York

49. Meseck Towing Lines, Inc., 1 Broadway, New York, New York

50. Metropolitan Sand & Gravel Corp., 551 Fifth Avenue, New York, New York

51. Moran Towing & Trans. Co., 17 Battery Place, New York, New York

52. Mutual Towing Co., 24 State Street, New York, New York

53. Nelson & Ellingsen, 1149 77th Street, Brooklyn, New York

54. New Haven Towing Line, Wyatt's Dock, New Haven, Conn.

55. Newark Terminal & Transportation Co., Ft. of Madison Street, Newark, New Jersey

56. Newtown Creek Towing Co., 51 Madison Avenue, New York, New York

57. Anthony O'Boyle, Inc., 15 Moore Street, New York, New York

58. O'Brien Bros. Towing Co., 233 Broadway, New York, New York

59. O'Donnell Trans. Co., 44 Whitehall Street, New York, New York

60. Oil Transfer Corp., 17 Battery Place, New York, New York

61. Olsen & Kron, 365 E. 35th Street, Brooklyn, New York

62. Olsen Water & Towing Co., 17 State Street, New York, New York

63. Petterson Lighterage & Towing Corp., 44 Whitehall Street, New York, New York

64. Pfeifer Oil Transportation Co., Buffalo, New York

65. Chester A. Poling, Inc., 99 Wall Street, New York, New York

66. Russell Poling, Inc., 51 Madison Avenue, New York, New York

67. Pontin Lighterage & Trans. Corp., 90 West Street, New York, New York

68. Red Star Towing & Trans. Co., 17 Battery Place, New York, New York

69. Reichert Towing Line, Inc., 80 Broad Street, New York, New York

70. Reinauer Transportation Companies, 1983 Richmond Terrace, Staten Island, New York, New York

71. Rockland Oil Transport Co., 4 Coenties Slip, New York, New York

72. Rudolph Coal Co., 8 Sackett Street, Brooklyn, New York

73. Russell Bros. Towing Co., 51 Madison Avenue, New York, New York

74. Seaboard Shipping Corp., 17 Battery Place, New York, New York

75. Sears Navigation Co., Inc., Rome, New York

76. Shamrock Towing Co., Pier 93, North River, New York, New York

77. Socony-Vacuum Oil Co., 26 Broadway, New York, New York

78. Sound & Harbor, Inc., 15 Exchange Place, Jersey City, New Jersey

79. William Spencer & Son Corp., 40 Rector Street, New York, New York

80. Spentonbush Fuel Transport Service, Inc., 500 Fifth Avenue, New York, New York

81. Standard Towing Corp., 21 West Street, New York, New York

82. Steel Barge Corp., 21 West Street, New York, New York

83. Steers Sand & Gravel Corp., 17 Battery Place, New York, New York

84. Steers Towing Corps., 17 Battery Place, New York, New York

85. Tice Towing Line, 17 Battery Place, New York, New York

86. M. & J. Tracy, Inc., 1 Broadway, New York, New York

87. Tracy Towing Line, Inc., 1 Broadway, New York, New York

88. B. Torecamo Towing Corp., Ft. 24th Ave., Brooklyn, New York

89. Ulster Oil Transport Co., 4 Coenties Slip, New York, New York

90. Valoil Transportation Corp., 220 East 42nd Street, New York, New York

91. Westervelt Towing Line, Pier 43, North River, New York, New York

HARRY S. TRUMAN

THE WHITE HOUSE,

February 5, 1946