Pursuant to Section 91 of the Act of Congress, approved April 30, 1900, entitled "An Act to Provide a Government for the Territory of Hawaii" (31 Stat. 141), as amended by Section 7 of Chapter 258 of the Act of Congress, approved May 27, 1910 (36 Stat. 443), the following described parcels of land, situate at Kahauiki, Oahu, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL 1, being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive Order of July 20, 1899 (G.O. 147, A.G.O., August 10, 1899), as modified by Presidential Executive Order No. 2521, dated January 26, 1917, and more particularly described as follows: Beginning at an iron bolt on the boundary between the lands of Moanalua and Kahauiki and on the new center line of North King Street 86.0 feet wide, the direct azimuth and distance from Station No. 3 being 11° 03' 53.14 feet, said Station No. 3 being a standard brass plate cemented into the top of a large rock called "Pohakuakai" on the north side of King Street, the coordinates of said point of beginning referred to Government Survey Trig. Station "Punchbowl" being 11305.38 feet North and 13760.53 feet West, and running by true azimuths: 1. 191° 03' 59" 44.77 feet along the land of Moanalua; 2. thence along the remainder of Kahauiki Military Reservation on a curve to the right with a radius of 517.61 feet, the direct azimuth and distance being 275° 47' 04" 184.48 feet; 3. 286° 03' 193.77 feet along same; 4. thence along same on a curve to the right with a radius of 1457.77 feet, the direct azimuth and distance being 300c 36' 30" 732.86 feet; 5. thence along same on a curve to the right with a radius of 1437.3 feet the direct azimuth and distance being 331° 36' 04" 813.28 feet; 6. 15° 36' 01" 205.74 feet across King Street along the Hawaii Arsenal Military Reservation; 7. 171° 52' 30" 92.11 feet along remainder of Kahauiki Military Reservation; 8. thence along same on a curve to the left with a radius of 1351.3 feet the direct azimuth and distance being 153° 31' 15" 851.02 feet; 9. thence along same on a curve to the left with a radius of 1371.77 feet, the direct azimuth and distance being 120° 36' 30" 689.64 feet. 10. 106° 03' 193.77 feet along same; 11. thence along same on a curve to the left with a radius of 431.61 feet, the direct azimuth and distance being 95° 18' 45" 160.83 feet; 12. 84° 34' 30" 16.91 feet along same; 13. 191° 03' 59" 44.84 feet along the land of Moanalua to the point of beginning; containing an area of 3.916 acres. PARCEL 2, being a portion of the Hawaii Arsenal Military Reservation, formerly known as the Hawaiian Ordnance Depot, said Arsenal Reservation being included in the Kahauiki (Fort Shafter) Military Reservation as described by Presidential Executive Order No. 2521, January 26, 1917, as modified by Presidential Executive Order No. 3080, April 30, 1919, Presidential Executive Order No. 4455, June 5, 1926, and by Territorial Executive Order No. 56, December 18, 1918, and more particularly described as follows: Beginning at Standard Concrete Monument No. 31 of the above mentioned Presidential Executive Order No. 2521, on the present northeast side of North King Street, the direct azimuth and distance from H.T.S. Street Monument near the east corner of the Pacific Guano & Fertilizer lot being 142° 25' 19" 656.50 feet, the coordinates of said Concrete Monument No. 31, referred to Government Survey Trig. Station "Punchbowl" being 9349.84 feet North and 11894.92 feet West, and running by true azimuths: 1. 57° 17' 16" 68.90 feet across King Street to the new west corner of King Street and Slaughter House Road; 139° 20' 30" 529.75 feet along remainder of Hawaii Arsenal Military Reservation; thence along same on a curve to the right with a radius of 520.45 feet, the direct azimuth and distance being 155° 36' 30" 291.57 feet; 4. 171° 52' 30" 10.52 feet along remainder of Hawaii Arsenal Military Reservation; 5. 195° 36' 01" 205.74 feet across King Street along Kahauiki Military Reservation (Fort Shafter); 6. thence along remainder of Hawaii Arsenal Military Reservation on a curve to the right, with a radius of 1437.3 feet, the direct azimuth and distance being 349° 57' 19" 96.30 feet; 7. 351° 52' 30" 102.63 feet along remainder of Hawaii Arsenal Military Reservation; 8. thence along same on a curve to the left with a radius of 434.45 feet, the direct azimuth and distance being 335° 36' 30" 243.39 feet; 9. 319° 20' 30" 625.63 feet along remainder of Hawaii Arsenal Military Reservation; 10. thence along same on a curve to the left with a radius of 20.0 feet, the direct azimuth and distance being 273° 41' 55" 28.60 feet; 11. 48° 03' 21" 38.07 feet along the northwest side of Middle Street; 12. 139° 10' 02" 107.2 feet along present northeast side of King Street to the point of beginning; and containing an area of 1.849 acres. HERBERT HOOVER The White House, June 6, 1929.
Executive Order 5132 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 5132—Restoring Certain Reserved Lands in Hawaii Withdrawn for Kahuaiki [Fort Shafter] Military Reservation to Territory of Hawaii Government
Executive Brief • At a Glance
⏱️ 4 min read (871 words) •
● In Effect
🎯 Primary Mandate
The following described parcels of land, situate at Kahauiki, Oahu, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL 1, being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive Order of July 20, 1899 (G.O. 147, A.G.O., August 10, 1899), as modified by Presidential Executive Order No. 2521, dated January 26, 1917, and more particularly described as follows: Beginning at an iron bolt on the boundary between the lands of Moanalua and Kahauiki and on the new center line of North King Street 86.0 feet wide, the direct azimuth and distance from Station No. 3 being 11° 03' 53.14 feet, said Station No. 3 being…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on June 6, 1929, this order concerns Restoring Certain Reserved Lands in Hawaii Withdrawn for Kahuaiki [Fort Shafter] Military Reservation to Territory of Hawaii Government. The following described parcels of land, situate at Kahauiki, Oahu, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL 1, being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive Order of July 20, 1899 (G.O. 147, A.G.O., August 10, 1899), as modified by Presidential Executive Order…
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
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The following described parcels of land, situate at Kahauiki, Oahu, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL 1, being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive Order of July 20, 1899 (G.O. 147, A.G.O., August 10, 1899), as modified by Presidential Executive Order No. 2521, dated January 26, 1917, and more particularly described as follows: Beginning at an iron bolt on the boundary between the lands of Moanalua and Kahauiki and on the new center line of North King Street 86.0 feet wide, the direct azimuth and distance from Station No. 3 being 11° 03' 53.14 feet, said Station No. 3 being…
▪
Station "Punchbowl" being 11305.38 feet North and 13760.53 feet West, and running by true azimuths: 1. 191° 03' 59" 44.77 feet along the land of Moanalua; 2. thence along the remainder of Kahauiki Military Reservation on a curve to the right with a radius of 517.61 feet, the direct azimuth and distance being 275° 47' 04" 184.48 feet; 3. 286° 03' 193.77 feet along same; 4. thence along same on a curve to the right with a radius of 1457.77 feet, the direct azimuth and distance being 300c 36' 30" 732.86 feet; 5. thence along same on a curve to the right with a radius of 1437.3 feet the direct azimuth and distance being 331° 36' 04" 813.28 feet; 6. 15° 36' 01" 205.74 feet across King Street along the Hawaii Arsenal Military Reservation; 7.…
▪
PARCEL 2, being a portion of the Hawaii Arsenal Military Reservation, formerly known as the Hawaiian Ordnance Depot, said Arsenal Reservation being included in the Kahauiki (Fort Shafter) Military Reservation as described by Presidential Executive Order No. 2521, January 26, 1917, as modified by Presidential Executive Order No. 3080, April 30, 1919, Presidential Executive Order No. 4455, June 5, 1926, and by Territorial Executive Order No. 56, December 18, 1918, and more particularly described as follows: Beginning at Standard Concrete Monument No. 31 of the above mentioned Presidential Executive Order No. 2521, on the present northeast side of North King Street, the direct azimuth and distance from H.T.S. Street Monument near the east…
▪
Station "Punchbowl" being 9349.84 feet North and 11894.92 feet West, and running by true azimuths: 1. 57° 17' 16" 68.90 feet across King Street to the new west corner of King Street and Slaughter House Road; 139° 20' 30" 529.75 feet along remainder of Hawaii Arsenal Military Reservation; thence along same on a curve to the right with a radius of 520.45 feet, the direct azimuth and distance being 155° 36' 30" 291.57 feet; 4. 171° 52' 30" 10.52 feet along remainder of Hawaii Arsenal Military Reservation; 5. 195° 36' 01" 205.74 feet across King Street along Kahauiki Military Reservation (Fort Shafter); 6. thence along remainder of Hawaii Arsenal Military Reservation on a curve to the right, with a radius of 1437.3 feet, the direct azimuth…
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
⚖️✨ Zone 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
Hamiltonian Stance: Strong Prerogative Support
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
33 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
871
5,022 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
6.5
Grade 7
Text size:
🔗
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Lyndon B. Johnson • 1964-08-15
References Executive Order 5607—Correction in Description of Land Restored to the Territory of Hawaii
Herbert Hoover • 1931-04-22
Related Executive Orders
Other executive actions signed by Herbert Hoover around this period.
EO 5133 Jun 7, 1929
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5133—Exempting Percy W. Phillips from Civil Service Rules Prohibiting Federal Employees from Holding Office Under State, Territorial, or Municipal Government
📜 Art. I §8: Delegated Tariff & Commerce Execution
The provisions of the Executive Order of January 17, 1873, prohibiting federal employees from holding office under any state, territorial or municipal government, are hereby waived to permit Honorable Percy W. Phillips, Member of the United States Board of Tax Appeals, to teach…
Herbert Hoover College Level • 1m
EO 5136 Jun 12, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5136—Amending Alaska Railroad Townsite Regulations
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 3489, issued June 10, 1921, containing the Alaska Railroad Townsite Regulations, is hereby amended to authorize the Secretary of the Interior to reappraise and sell the unimproved lots in Nenana Townsite, Alaska, belonging to the United States, and to…
Herbert Hoover College Level • 1m
EO 5135 Jun 12, 1929
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5135—Authorizing the Appointment of Walter K. Liscombe Without Regard to Civil Service Rules
📜 Art. I §8: Delegated Tariff & Commerce Execution
Mr. Walter K. Liscombe may be appointed as Associate Construction Engineer in the Office of the Supervising Architect of the Treasury, without regard to the length of time he has been separated from the service.
Herbert Hoover High School • 1m
EO 5134 Jun 12, 1929
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5134—Authorizing the Appointment of Mary V. Kehoe Without Regard to Civil Service Rules
📜 Art. I §8: Delegated Tariff & Commerce Execution
Mrs. Mary V. Kehoe may be appointed to an appropriate position in the General Accounting Office without regard to the examination requirements of the civil service rules.
Herbert Hoover High School • 1m
EO 5131 May 31, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5131—Authorizing the Appointment of George Henry Malone Without Regard to Civil Service Rules
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Mr. George Henry Malone, yeoman, 1st class, U.S. Navy, may be appointed to the position of supervising clerk, Office of the Captain of the Yard, Naval Station, Cavite, P.I., to fill an existing vacancy, without regard to the Civil Service Act or Rules.
Herbert Hoover High School • 1m
EO 5130 May 29, 1929
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5130—Extension of Customs Collection District No. 20 to Include Portions of Plaquemines Parish, New Orleans
📜 Art. I §8: Delegated Tariff & Commerce Execution
The headquarters port of Customs Collection District No. 20 (New Orleans), are hereby extended to include that portion of Plaquemines Parish, La., extending to the middle of the Mississippi River, lying east of west longitude 90°1'0" and north of north latitude 29°49'0"…
Herbert Hoover High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 5132 (June 6, 1929), https://executiveordersarchive.org/orders/app-executive-order-5132-restoring-certain-reserved-lands-hawaii-withdrawn-for-kahuaiki-fort.
