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, 159), as amended by section 7 of chapter 258 of the act of Congress approved May 27, 1910 (36 Stat. 447), 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 in the proposed extension of Middle Street: Parcel 1 , being a strip of land along the northerly side of Slaughter House Road, a portion of this parcel being described in Executive Order No. 3171, dated September 29, 1919, and being a portion of the Hawaii Arsenal Military Reservation, formerly a portion of the Fort Shafter Military Reservation as described in Executive Order No. 2521, dated January 26, 1917, which said parcel of land is more particularly described as follows: Beginning at standard concrete U. S. M. R. monument No. 35 of Executive Order No. 2521, on the southern boundary of said Fort Shafter Military Reservation, the coordinates of said point of beginning referred to Government triangulation station "Hauiki" being 3,338.11 feet south and 3,759.64 feet west, and running by true azimuths: 1. 62° 33' 24" 152.04 feet along Land Court Application No. 748 to the proposed northwest side of Middle Street (60 feet wide); 2. Thence on a curve to the right along the proposed northwest side of Middle Street (60 feet wide) with a radius of 2,230.0 feet to a point, the direct azimuth and distance of said point from beginning of course being 232° 31' 01" 261.89 feet; 3. 235° 53' 00" 101.18 feet along the proposed northwest side of Middle Street (60 feet wide) to the south side of the Oahu Railway & Land Co.'s 40-foot right of way; 4. Thence on a curve to the left along the south side of the Oahu Railway & Land Co.'s 40-foot right of way with a radius of 936.9 feet to a point, the direct azimuth and distance of said point from beginning of course being 281° 12' 51" 55.11 feet; 5. 57° 17' 13" 250.43 feet to standard concrete U. S. M. R. monument No. 35 and the point of beginning; containing an area of 10,587 square feet. Parcel 2 , being a parcel of land constituting a portion of Weli Pond within the Fort Shafter Military Reservation, as described in Executive Order No. 2521, dated January 26, 1917, which said parcel of land, situate at the southern boundary of said military reservation, is more particularly described as follows: Beginning at the north corner of this piece of land on the proposed northwest side of Middle Street (60 feet wide), the true azimuth and distance from standard concrete U. S. M. R. monument No. 36 of the Fort Shafter Military Reservation being 8° 19' 07" 101.33 feet, the coordinates of said point of beginning referred to Government survey triangulation station "Hauiki" being 3,634.92 feet south and 4,152.83 feet west, and running by true azimuths from the above-described initial point: 1. 19° 15' 43.44 feet along seaward toe of Weli fish pond wall; along Land Court Application No. 748; 2. 27° 00' 72.00 feet along same; 3. 35° 00' 50.00 feet along same; 4. 53° 30' 259.00 feet along same, and along government land; 5. 65° 30' 70.00 feet along seaward toe of Weli fish pond wall, and along government land; 6. 89° 30' 27.42 feet along same; 7. 228° 42' 499.17 feet along the proposed northwest side of Middle Street (60 feet wide) to the point of beginning, containing an area of 20,049 square feet. Parcel 3 , being a portion of the right of way for a road situate at the northwest side of Slaughter House Road at Kahauiki aforesaid, being a portion of the Hawaii Arsenal Military Reservation, formerly a portion of the Fort Shafter Military Reservation, as described in Executive Order No. 2521, dated January 26, 1917, which said parcel of land is more particularly described as follows: Beginning at standard concrete U. S. M. R. monument No. 33 of Executive Order No. 2521, dated January 26, 1917, on the southern boundary of said Fort Shafter Military Reservation, the coordinates of said point of beginning referred to Government survey triangulation station "Hauiki" being 3,111.01 feet south and 3,730.23 feet west and running by true azimuths: 1. 112° 18' 24" 14.85 feet along right of way of the Oahu Railway & Land Co.; thence 2. 237° 53' 59" 1,123.05 feet along fence along the northwest side of Slaughter House Road; thence 3. 319° 20' 30" 0.18 feet along new southwest side of King Street; thence 4. 57° 17' 16" 1,114.48 feet to the point of beginning, containing an area of 6,884 square feet. Parcel 4 , being a portion of the Fort Shafter Military Reservation as described in Executive Order No. 2521, dated January 26, 1917, at the west end of said reservation along the easterly wall of the causeway between Weli and Kaikikapu fish ponds, which said parcel of land is more particularly described as follows: Beginning at standard concrete U. S. M. R. monument No. 1 of the Fort Shafter Military Reservation as described in Executive Order No. 2521, dated January 26, 1917, and running by true azimuths: 1. 278° 08' 86.00 feet along the Oahu Railway & Land Co.'s 40-foot right of way; 2. 35° 51' 142.9 feet along southeast bank of proposed drainage channel to fish-pond wall; 3. 26° 47' 642.00 feet along proposed new wall for Weli Pond and southeast bank of proposed drainage channel; 4. 61° 30' 15.00 feet along same; 5. Thence along the easterly wall of causeway between Weli and Kaikikapu fish ponds, the direct azimuth and distance being 192° 30' 181.00 feet; 6. 206° 12' 220.00 feet along easterly wall of causeway between Weli and Kaikikapu fish ponds; 7. 208° 00' 280.00 feet along same; 8. 200° 57' 93.1 feet along same to the point of beginning, containing an area of 40,589 square feet. Parcel 4-B , being the land comprised within that portion of the right of way of the Oahu Railway & Land Co., and subject to that right of way, ratified by an act of Congress approved April 28, 1904 (33 Stat. 579), situate on the south boundary of the Fort Shafter Military Reservation as described in Executive Order No. 2521, dated January 26, 1917, which said parcel of land is more particularly described as follows: Beginning at standard concrete U. S. M. R. monument No. 34 of Executive Order No. 2521, dated January 26, 1917, on the south boundary of said Fort Shafter Military Reservation, and running by true azimuths: 1. 57° 17' 13" 61.20 feet along the south boundary of the Fort Shafter Military Reservation; 2. Thence on a curve to the right along the south side of the Oahu Railway & Land Co.'s 40-foot right of way, with a radius of 936.9 feet, the direct azimuth and distance being 101° 12' 51" 55.11 feet; 3. 235° 53' 55.79 feet along proposed northwest side of Middle Street (60 feet wide); 4. Thence on a curve to the left along the south boundary of Land Court Application No. 839, with a radius of 896.9 feet, the direct azimuth and distance to the point of beginning being 278° 33' 05" 60.04 feet, containing an area of 2,300 square feet. The foregoing parcels of land are restored to their previous status subject to the condition that the relocation of fences, fish-pond walls, and all other necessary work on the military reservations required in connection with the proposed extension of Middle Street shall be accomplished without cost to the United States and to the satisfaction of the Commanding General, Hawaiian Department; and, subject to the further condition that a road for the United States, with necessary railroad crossing and gates, from the proposed Middle Street extension, commencing at a point near monument No. 35 and extending in a northwesterly direction across an existing railroad and through existing guard fences, to and connecting with an existing road, shall be located and constructed without cost to the United States and to the satisfaction of the Commanding General, Hawaiian Department. HERBERT HOOVER The White House, December 26, 1930.
Executive Order 5521—Restoring to the Government of the Territory of Hawaii Portions of the Military Reservations of Fort Shafter and Hawaii Arsenal
Executive Brief • At a Glance
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 in the proposed extension of Middle Street: Parcel 1 , being a strip of land along the northerly side of Slaughter House Road, a portion of this parcel being described in Executive Order No. 3171, dated September 29, 1919, and being a portion of the Hawaii Arsenal Military Reservation, formerly a portion of the Fort Shafter Military Reservation as described in Executive Order No. 2521, dated January 26, 1917, which said parcel of land is more particularly described as follows: Beginning at standard concrete U. S. M. R. monument No. 35 of Executive Order No. 2521, on…
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 December 26, 1930, this order concerns Restoring to the Government of the Territory of Hawaii Portions of the Military Reservations of Fort Shafter and Hawaii Arsenal. 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 in the proposed extension of Middle Street: Parcel 1 , being a strip of land along the northerly side of Slaughter House Road, a portion of this parcel being described in Executive Order No. 3171, dated September 29, 1919, and being a portion of…
Key Directives & Operative Actions
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 in the proposed extension of Middle Street: Parcel 1 , being a strip of land along the northerly side of Slaughter House Road, a portion of this parcel being described in Executive Order No. 3171, dated September 29, 1919, and being a portion of the Hawaii Arsenal Military Reservation, formerly a portion of the Fort Shafter Military Reservation as described in Executive Order No. 2521, dated January 26, 1917, which said parcel of land is more particularly described as follows: Beginning at standard concrete U. S. M. R. monument No. 35 of Executive Order No. 2521, on…
Thence on a curve to the right along the proposed northwest side of Middle Street (60 feet wide) with a radius of 2,230.0 feet to a point, the direct azimuth and distance of said point from beginning of course being 232° 31' 01" 261.89 feet; 3. 235° 53' 00" 101.18 feet along the proposed northwest side of Middle Street (60 feet wide) to the south side of the Oahu Railway & Land Co.'s 40-foot right of way; 4.
Thence on a curve to the left along the south side of the Oahu Railway & Land Co.'s 40-foot right of way with a radius of 936.9 feet to a point, the direct azimuth and distance of said point from beginning of course being 281° 12' 51" 55.11 feet; 5. 57° 17' 13" 250.43 feet to standard concrete U. S. M. R. monument No. 35 and the point of beginning; containing an area of 10,587 square feet.
Thence along the easterly wall of causeway between Weli and Kaikikapu fish ponds, the direct azimuth and distance being 192° 30' 181.00 feet; 6. 206° 12' 220.00 feet along easterly wall of causeway between Weli and Kaikikapu fish ponds; 7. 208° 00' 280.00 feet along same; 8. 200° 57' 93.1 feet along same to the point of beginning, containing an area of 40,589 square feet.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 5521 (Dec. 26, 1930), https://executiveordersarchive.org/orders/app-executive-order-5521-restoring-the-government-the-territory-hawaii-portions-the-military.