Whereas by certain leases executed under dates of June 15 and July 5, 1918, the cities of Oakland and Alameda, respectively, municipal corporations of the State of California, leased to the United States Shipping Board Emergency Fleet Corp., now known as the United States Emergency Fleet Corp., for a term of 25 years, certain premises known as Government Island, comprising approximately 110 acres, situated in the estuary between said cities; and Whereas by the terms of said leases the United States Emergency Fleet Corp, is given the right to assign its interests in said leases to the United States; and Whereas under date of November 1, 1922, the United States Emergency Fleet Corp, did assign its interests in said leases to the United States; and Whereas by Executive Order No. 4918 of June 29, 1928, the duties, rights, powers, and responsibilities of the United States under said leases were placed under the jurisdiction and control of the Department of Agriculture; and Whereas the city of Alameda, Calif., owner of said Government Island under the decision of the courts of California, has offered to the United States without cost 15 or more acres of said Government Island on condition that the United States shall relinquish all its rights and interests under the aforementioned lease of July 5, 1918; and Whereas by a joint resolution of Congress dated July 3, 1930 (46 Stat. 1018), the President is authorized to accept title in fee simple to 15 or more acres of said Government Island; and Whereas the said city of Alameda has executed and delivered a deed which has been approved by the Attorney General of the United States, conveying to the United States without cost all that certain tract of land on the said Government Island, in the county of Alameda, State of California, described as follows: Commencing at the point of intersection of the center line of Dennison Street and the center line of King Street in the city of Oakland, and running thence S. 83° 07' W. along the center line of Dennison Street extended, southwesterly a distance of 1,703.55 feet, thence N. 85° 58' W. a distance of 283.01 feet, to the true point of beginning of the tract of land herein described; running thence N. 3° 50' 55" W. 600.94 feet, thence N. 54° 21' 28" W. 1,217.83 feet, thence S. 35° 38' 32" W. 463.76 feet, thence S. 54° 21' 28" E. 1,600.00 feet to the true point of beginning. All bearings are true bearings. Tract of land above described contains 15 acres of land. Now, therefore , by virtue of the authority vested in me, as President of the United States of America, it is hereby ordered that the title in fee simple to the above-described tract of land be, and is hereby, accepted on behalf of the United States, and that the United States hereby relinquishes all its rights and interests in said Government Island now held by it under the aforesaid lease of July 5, 1918. It is hereby further ordered that the duties, rights, powers, and responsibilities of the United States in the 15 acres of land thus acquired shall be under the jurisdiction and control of the Department of Agriculture: Provided , That the Federal agencies now occupying Government Island shall not be disturbed except by direction of the President, exercised through the Chief Coordinator under the provisions of Executive Order No. 3578 of November 8, 1921. HERBERT HOOVER The White House, September 22, 1931.
Executive Order 5722—Acceptance of Title to Land on Government Island, City of Alameda, California
Executive Brief • At a Glance
The title in fee simple to the above-described tract of land be, and is hereby, accepted on behalf of the United States, and that the United States hereby relinquishes all its rights and interests in said Government Island now held by it under the aforesaid lease of July 5, 1918.
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 September 22, 1931, this order concerns Acceptance of Title to Land on Government Island, City of Alameda, California. The title in fee simple to the above-described tract of land be, and is hereby, accepted on behalf of the United States, and that the United States hereby relinquishes all its rights and interests in said Government Island now held by it under the aforesaid lease of July 5, 1918.
Key Directives & Operative Actions
The title in fee simple to the above-described tract of land be, and is hereby, accepted on behalf of the United States, and that the United States hereby relinquishes all its rights and interests in said Government Island now held by it under the aforesaid lease of July 5, 1918.
It is hereby further ordered that the duties, rights, powers, and responsibilities of the United States in the 15 acres of land thus acquired shall be under the jurisdiction and control of the Department of Agriculture: Provided , That the Federal agencies now occupying Government Island shall not be disturbed except by direction of the President, exercised through the Chief Coordinator under the provisions of Executive Order No. 3578 of November 8, 1921.
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 pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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 President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 5722 (Sept. 22, 1931), https://executiveordersarchive.org/orders/app-executive-order-5722-acceptance-title-land-government-island-city-alameda-california.