Executive Order 9554—Possession and Operation of Property of Motor Carriers in and About the City of Chicago, Illinois

WHEREAS, after investigation I find and proclaim that as a result of labor disturbances there are existing and threatened interruptions of the operations of plants, facilities, and transportations systems owned or operated by motor carriers in and about the City of Chicago; 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 the said plants, facilities, and transportation systems for purposes that are needful or desirable in connection with the prosecution of the war; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure in the interest of the war effort the operation of the said plants, facilities, and transportation systems:

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, the Act of August 29, 1916, 39 Stat. 645, and the First War Powers Act, 1941, 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 government instrumentalities that he may designate, to take possession and assume control of such of the said plants, facilities, or transportation systems owned or operated by motor carriers in or about the City of Chicago as have been or are about to be interrupted in their operations by reason of a labor disturbance, including all real and personal property and other assets used or useful in connection with the operation of such plants, facilities or transportations systems, and to operate or to arrange for the operation of the said plants, facilities, and transportation systems in such a manner as he may deem necessary for the successful prosecution of the war; and do anything that he may deem necessary to carry out the provisions and 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 Orders 8989, as amended, 9156, and 9294, the said plants, facilities, and transportation systems shall be managed and operated under the terms and conditions of employment in effect between the carriers and the collective bargaining agents at the time possession is taken under this order. During his operation of said plants, facilities, and transportation systems the Director shall observe the terms and conditions of the directive order dated March 7, 1945, of the Trucking Commission of the National War Labor Board, as modified by the National War Labor Board on May 15, 1945; provided, however, that in the case of each said plant, facility, or transportation system the Director is authorized to pay the wage increases provided for by the said directive orders, which accrued prior to the taking of possession of the said plant, facility, or transportation system under this order, only out of the net operating revenue of the said plant, facility, or transportation system.

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, facility, or transportation system, or any part thereof, or 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 for the successful prosecution of the war.

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 or 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 to furnish protection for persons employed or seeking employment in the plants, facilities, or transportation systems of which possession is taken and to furnish protection for such plants, facilities, and transportation systems, and may request the Secretary of War to furnish equipment, manpower, and other facilities or services deemed necessary by the director to carry out the provisions and purposes of this order; and the Secretary of War is authorized and directed upon such request to take such action as he deems necessary to furnish such protection, equipment, manpower, or other facilities or services.

7. This order shall not apply to any motor carrier transportation system which is now in the possession of the government by virtue of Executive Order 9462 dated August 11, 1944.

HARRY S. TRUMAN

THE WHITE HOUSE,

May 23, 1945