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Executive Order 6408 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 6408—Corrected Description of the Boundaries of Fort Ruger Military Reservation, Hawaii

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Tuesday, November 7, 1933
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11 min read (2,227 words)

Executive Brief • At a Glance

⏱️ 11 min read (2,227 words) • ● In Effect
🎯 Primary Mandate

The description of the Fort Ruger Military Reservation be,, and the same is. hereby, amended to read as follows: Tract No. 1 Beginning at a concrete monument stamped "26-Q" on top, situated on the boundary of the B. P. Bishop Estate land and the Diamond Head Road 60-foot rightof-way, from which the azimuth (measured clockwise from the true south) and distance to a concrete monument known as secondary triangulation station "Kupiki-pikio", established by the Department Engineer's office, is 346°49'30", 171.42 ft.; from said "Kupikipikio" station, the azimuths and distances to the United States Coast and Geodetic Survey triangulation stations are: To Diamond Head, 91°26'51"—5,975.54 ft.; To Kalepeamoa, 192°21'06"—14,504.89 ft.; Thence from…

⚖️ 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 Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Franklin D. Roosevelt on November 7, 1933, this order concerns Corrected Description of the Boundaries of Fort Ruger Military Reservation, Hawaii. The description of the Fort Ruger Military Reservation be,, and the same is. hereby, amended to read as follows: Tract No. 1 Beginning at a concrete monument stamped "26-Q" on top, situated on the boundary of the B. P. Bishop Estate land and the Diamond Head Road 60-foot rightof-way, from which the azimuth (measured clockwise from the true south) and distance to a concrete monument known as secondary triangulation…

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 description of the Fort Ruger Military Reservation be,, and the same is. hereby, amended to read as follows: Tract No. 1 Beginning at a concrete monument stamped "26-Q" on top, situated on the boundary of the B. P. Bishop Estate land and the Diamond Head Road 60-foot rightof-way, from which the azimuth (measured clockwise from the true south) and distance to a concrete monument known as secondary triangulation station "Kupiki-pikio", established by the Department Engineer's office, is 346°49'30", 171.42 ft.; from said "Kupikipikio" station, the azimuths and distances to the United States Coast and Geodetic Survey triangulation stations are: To Diamond Head, 91°26'51"—5,975.54 ft.; To Kalepeamoa, 192°21'06"—14,504.89 ft.; Thence from…

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Tract No. 2 Beginning at concrete monument no. 32, located on the south side of the Diamond Head Road right-of-way, from which the azimuth (measured clockwise from the true south) and distance to "Kaauau" Territory triangulation station is 287°27'06", 10.87 ft.; Thence from said concrete monument no. 32, by true azimuths and distances, as follows: 56°05'00"—131.55 ft. to concrete monument no. 31, located on the beach; 108°33'30"—416.75 ft. along the road leading to the beach, to concrete monument no. 30; On the curve to the right, having a radius of 27.40 ft. the direct chord azimuth and distance is 191°23'00", 54.37 ft. to concrete monument no. 30-B, located on the boundary of Diamond Head Road right-of-way; On the curve to the right…

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Tract No. 3 Beginning at a 2-inch iron pipe marking station no. 35, southwest corner of this tract, and boundary of lighthouse reservation, from which the azimuth (measured clockwise from the true south) and distance to the Diamond Head lighthouse staff is 167°25'50", 184.72 ft.; from said lighthouse staff the azimuths and distances to the United States Coast and Geodetic Survey triangulation stations are: To Diamond Head, 152°37'56"—1,631.6 ft.; To Koko Head No. 2, 264°20'14"—36,486.1 ft.; Thence from said 2-inch iron pipe by true azimuths and distances, as follows: 180°00'00"—240.00 ft. along the lighthouse reservation to concrete monument no. 34; 190°19'55"—25.05 ft. along the same to concrete monument no. 34-A, located on the Diamond…

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Tract No. 4 Beginning at a concrete monument known as "Kupikipikio", secondary triangulation station established by the Department Engineer's office, from which the azimuths (measured clockwise from the true south) and distances are: To Diamond Head, 91°26'51", 5,975.54 ft.; To Kalepeamoa, 192°21'06", 14,504.89 ft.; Thence from said concrete monument known as "Kupikipikio" by true azimuths and distances, as follows: 311°56'45"—854.37 ft. along the B. P. Bishop Estate land to concrete monument no. 1-A; 10°17'20"—238.30 ft. to concrete monument no. 1; 87°07'00"—31.91 ft. to concrete monument no. 57; 337°32'40"—129.20 ft. to concrete monument no. 56; 43°59'40"—143.90 ft. to concrete monument no. 55; 107°56'20"—278.35 ft. to concrete monument…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
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"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
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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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Low Friction

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

Youngstown Jacksonian Tier

Moderate Friction

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%).
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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
2,227
14,212 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
7.5
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

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Whereas by Executive Order No. 395-A, dated January 18, 1906, certain public lands at and near Diamond Head, Island of Oahu, Territory of Hawaii, were temporarily withdrawn from sale, entry, or other disposition and set aside for the Fort Ruger Military Reservation; and Whereas by Executive Order No. 1106, dated July 1, 1909, the military reservation was reduced by restoring to its previous status for use by the Territory of Hawaii 5.52 acres for a reservoir site; and Whereas by Executive Order No. 1261, dated October 31, 1910, the said military reservation was further reduced by the transfer of 2 acres to the Department of Commerce and Labor for lighthouse purposes; and Whereas by Executive Order No. 1377, dated June 26, 1911, a portion of the area restored to the Territory of Hawaii by Executive Order No. 1106, dated July 1, 1909, was withdrawn and set aside for military purposes, subject to the right of the Territory of Hawaii to lay and maintain a water pipe line across the area; and, the boundaries of the said military reservation having been determined by an actual survey, it was ordered that said military reservation shall include all public lands within the metes and bounds thereof; and Whereas by Executive Order No. 1767, dated April 28, 1913, additional land contiguous to the said military reservation was withdrawn and set apart for military purposes and made a part of said reservation; and Whereas by Executive Order No. 4679, dated June 29, 1927, additional land contiguous to the said military reservation was set apart for military purposes and made a part of said military reservation; and Whereas by Executive Order No. 4686, dated July 11, 1927, the said military reservation was further reduced by transfer of 0.19 of an acre to the Department of Commerce for lighthouse purposes; and Whereas by Executive Order No. 4689, dated July 11, 1927, the said military reservation was further reduced by restoring to its previous status for use of the Territory of Hawaii 8.961 acres for road purposes; and Whereas by Executive Order No. 5266, dated January 24, 1930, the said military reservation was further reduced by restoring to its previous status for use by the Territory of Hawaii an area containing 8,700 square feet; and Whereas a recent survey of the said military reservation has developed discrepancies in former descriptions of this reservation; Now, Therefore , by virtue of the authority vested m me by section 91 of the act of April 30, 1900 (ch. 339, 31 Stat. 141, 159), as amended by section 7 of the act of May 27, 1910 (ch. 258, 36 Stat. 443, 447), it is hereby ordered that the description of the Fort Ruger Military Reservation be,, and the same is. hereby, amended to read as follows: Tract No. 1 Beginning at a concrete monument stamped "26-Q" on top, situated on the boundary of the B. P. Bishop Estate land and the Diamond Head Road 60-foot rightof-way, from which the azimuth (measured clockwise from the true south) and distance to a concrete monument known as secondary triangulation station "Kupiki-pikio", established by the Department Engineer's office, is 346°49'30", 171.42 ft.; from said "Kupikipikio" station, the azimuths and distances to the United States Coast and Geodetic Survey triangulation stations are: To Diamond Head, 91°26'51"—5,975.54 ft.; To Kalepeamoa, 192°21'06"—14,504.89 ft.; Thence from said monument no. 26-Q by true azimuths and distances, as follows: 77°43'45"—402.95 ft. along the Diamond Head Road right-of-way to concrete monument no. 26-P; 78°51'20"—981.50 ft. along the same to concrete monument do. 26-0; 76°37'00"—378.94 ft. along the same to concrete monument no. 26-N; On the curve to the left along the same, having a radius of 603.69 ft., direct long-chord azimuth being 64°57'0", 244.15 ft. to concrete monument no. 26-M; 53°17'00"—318.61 ft. along the same to concrete monument no. 26-L; On the curve to the right along the same, having a radius of 686.78 ft. direct long-chord azimuth being 61°32'27", 197.29 ft. to concrete monument no. 26-K; 69°47'55"—558.20 ft. along the same to concrete monument no. 26-J; 65°38'33"—1,067.58 ft. along the same to concrete monument no. 26-1; On the curve to the right along the same, having a radius of 548.69 ft., direct long-chord azimuth being 76'°15'07", 200.20 ft. to concrete monument no. 26-H; 86°51'4L"—285.85 ft. along the same to concrete monument no. 26-G; On the curve to the right along the same, having a radius of 686.78 ft., direct long-chord azimuth being 93°35'48", 161.08 ft. to concrete monument no. 26-F; 100kO19'55"—1,319.22 ft. along the same to a 1½-inch galvanized iron pipe marking station no. 26-E; On the curve to the left along the same, having a radius of 603.69 ft., direct long-chord azimuth being 91O31'46", 184.77 ft. to concrete monument no. 26-D; 82°43'36"—206.27 ft. along the same to concrete monument no. 26-C; On the curve to the right along the same, having a radius of 380.28 ft. direct long-chord azimuth being 96°57'30", 186.97 ft. to concrete monument no. 26-B; 111°11'24"—22.75 ft. along the same to concrete monument no. 26-A; 124°30'00"—635.89 ft. to concrete monument no. 26; 213°18'10"—200.69 ft. to concrete monument no. 25; 212°00'00"—269.00 ft. to concrete monument no. 24; 115°35'00"—222.00 ft. along land-court application no. 873 to concrete monument no. 23; 205°21'35"—195.54 ft. along the city and county reservoir site to concrete monument no. 22; 116°32'40"—280.34 ft. along the same to concrete monument no. 21; 40°14'00"—592.10 ft. along the same to concrete monument no. 20; 124°32'50"—218.43 ft. to concrete monument no. 19; 64°16'00"—39.03 ft. to concrete monument no. 18-D; 154°50'00"—91.73 ft. to concrete monument no. 18-C; 244°20'00"—60.00 ft. to concrete monument no. 18-B; 334°50'00"—91.73 ft. to concrete monument no. 18-A; 244°30'00"—309.72 ft. to concrete monument no. 18; 162°31'20"—364.95 ft. to concrete monument no. 12-B; 209°57'20"—705.81 ft. to concrete monument no. 12-A; 207°13'00"—1,072.00 ft. along land-court application no. 972 to concrete monument no. 12; 224°30'00"—931.86 ft. along the same to concrete monument no. 11; 221°08'50"—850.84 ft. to concrete monument no. 10; 243°08'40"—1,025.95 ft. to concrete monument no. 9; 149°35'30"—222.40 ft. along the east side of Trousseau Street to concrete monument no. 8, located on the east side of the junction of Trousseau Street and Monsarrat Road; 264°38'50"—1,544.36 ft. to concrete monument no. 7; 211°43'00"—53.30 ft. across Alohea Avenue to concrete monument no. 6, located on the corner of Makapuu and Alohea Avenues' intersection; 217°18'00"—1,366.18 ft. along Makapuu Avenue to concrete monument no. 5, located on the south corner of Kilauea and Makapuu Avenues' intersection; 298°31'30"—1,418.85 ft. along Kilauea Avenue to concrete monument no. 4, located on the west corner of Kilauea and Eighteenth Avenues' intersection; 28°29'20"—1,532.40 ft. along Eighteenth Avenue to concrete monument no. 3, located on the west corner of Diamond Head and Eighteenth Avenues' intersection; 303°04'00"—3,140.00 ft. to a brass plate set in coral, marking station no. 1-J, located on the boundary of the B. P. Bishop Estate land; 32°09'10"—197.98 ft. along the B. P. Bishop Estate to concrete monument no. 1-H; 347°49'45"—70.77 ft. along the same to concrete monument no. 1-G; 8°09'20"—129.93 ft. along the same to concrete monument no. 1-F; 27°35'30"—239.96 ft. along the same to concrete monument no. 1-E; 65°29'35"—64.63 ft. along the same to concrete monument no. 1-D; 53°03'50"—428.92 ft. along the same to concrete monument no. 1-C; 64°14'50"—434.68 ft. along the same to concrete monument no. 1-B; 346°49'30"—141.43 ft. along the same to the point of beginning. The tract as described contains an area of 682.5 acres, more or less. Tract No. 2 Beginning at concrete monument no. 32, located on the south side of the Diamond Head Road right-of-way, from which the azimuth (measured clockwise from the true south) and distance to "Kaauau" Territory triangulation station is 287°27'06", 10.87 ft.; Thence from said concrete monument no. 32, by true azimuths and distances, as follows: 56°05'00"—131.55 ft. to concrete monument no. 31, located on the beach; 108°33'30"—416.75 ft. along the road leading to the beach, to concrete monument no. 30; On the curve to the right, having a radius of 27.40 ft. the direct chord azimuth and distance is 191°23'00", 54.37 ft. to concrete monument no. 30-B, located on the boundary of Diamond Head Road right-of-way; On the curve to the right along said right-of-way, Laving a radius of 543.69 ft., the direct chord azimuth and distance being 277°12'36", 59.22 ft. to concrete monument no. 30-A; 280°19'55"—446.56 ft. along the same to a railroad spike in concrete marking station no. 32-A; 10°19'55"—25.43 ft. along the lighthouse reservation to the point of beginning. The tract as described contains an area of one (1) acre, more or less. Tract No. 3 Beginning at a 2-inch iron pipe marking station no. 35, southwest corner of this tract, and boundary of lighthouse reservation, from which the azimuth (measured clockwise from the true south) and distance to the Diamond Head lighthouse staff is 167°25'50", 184.72 ft.; from said lighthouse staff the azimuths and distances to the United States Coast and Geodetic Survey triangulation stations are: To Diamond Head, 152°37'56"—1,631.6 ft.; To Koko Head No. 2, 264°20'14"—36,486.1 ft.; Thence from said 2-inch iron pipe by true azimuths and distances, as follows: 180°00'00"—240.00 ft. along the lighthouse reservation to concrete monument no. 34; 190°19'55"—25.05 ft. along the same to concrete monument no. 34-A, located on the Diamond Head Road right-of-way; 280°19'55"—625.05 ft. along said right-of-way to concrete monument no. 37—G; On the curve to the left along the same, having a radius of 746.78 ft., direct long-chord azimuth and distance being 273°35'48", 175.15 ft. to concrete monument no. 37-F; 266°51'41"—285.85 ft. along the same to concrete monument no. 37-E; On the curve to the left along the same, having a radius of 603.69 ft., direct long-chord azimuth and distance being 256°15'07", 222.30 ft. to concrete monument no. 37-D; 245°38'33"—764.72 ft. along the same to concrete monument no. 37-C; 341°47'00"—39.60 ft. to concrete monument no. 37-B; 341°47'00"—185.45 ft. to concrete monument no. 37-A; 263°42'00"—241.90 ft. to a small cross in concrete floor marking the location of station no. 37; 360°00'00"—50.00 ft. to station no. 36, marked by a hub; 86°26'00"—322.62 ft. along the beach to station no. 35-D, marked by a cross on coral; 68°46'30"—780.30 ft. along the same to station no. 35-C, marked by a railroad spike in coral; 79°04'00"—430.30 ft. along the same to station no. 35-B, marked by a hub; 92°59'30"—331.25 ft. along the same to station no. 35-A, marked by a railroad spike in coral; 98°52'30"—506.15 ft. along the same to the point of beginning. The tract as described contains an area of 11.230 acres, more or less. Tract No. 4 Beginning at a concrete monument known as "Kupikipikio", secondary triangulation station established by the Department Engineer's office, from which the azimuths (measured clockwise from the true south) and distances are: To Diamond Head, 91°26'51", 5,975.54 ft.; To Kalepeamoa, 192°21'06", 14,504.89 ft.; Thence from said concrete monument known as "Kupikipikio" by true azimuths and distances, as follows: 311°56'45"—854.37 ft. along the B. P. Bishop Estate land to concrete monument no. 1-A; 10°17'20"—238.30 ft. to concrete monument no. 1; 87°07'00"—31.91 ft. to concrete monument no. 57; 337°32'40"—129.20 ft. to concrete monument no. 56; 43°59'40"—143.90 ft. to concrete monument no. 55; 107°56'20"—278.35 ft. to concrete monument no. 54; 120°13'30"—213.65 ft. to concrete monument no. 53; 109°45'20"—97.70 ft. to concrete monument no. 52; 136°22'00"—222.25 ft. to concrete monument no. 51; 220°49'10"—19.65 ft. to concrete monument no. 50; 125°47'50"—78.80 ft. to concrete monument no. 50-D; 193°12'50"—149.83 ft. to concrete monument no. 50-C; 95°30'00"—215.60 ft. to concrete monument no. 50-B; 35°35'20"—30.-06 ft. to concrete monument no. 50-A; 125°56'20"—202.45 ft. to concrete monument no. 49; 104°15'00"—706.50 ft. to concrete monument no. 49-A, located on the boundary of the Diamond Head Road 60-foot rightof-way; 258°51'20"—879.60 ft. along said right-of-way to concrete monument no. 49-B; 257°43'45"—402.95 ft. along same to concrete monument no. 49-C; 346°49'30"—111.42 ft. along the B. P. Bishop Estate hod to the point of beginning. The tract as described contains an area of 19.49 acres, more or less. Tract No. 5 Beginning at a concrete monument stamped "C" on top, situated on the northeast comer of the junction of Alohea and Thirteenth Avenues, from which the azimuth (measured clockwise from the true south) and distance to the City and County Street Survey monument is 82°36'30", 30.87 ft.; Thence from said concrete monument stamped "C" by true azimuths and distances, as follows: 208°31'30"—279.15 ft. along Thirteenth Avenue to station "B", marked by a bronze plate set in rock; 298°31'30"—383.56 ft. to concrete monument "A", located on the boundary of Makapuu Avenue; 37°18'00"—389.96 ft. along Makapuu Avenue to concrete monument "D"; 136°40'30"—341.04 ft. along Alohea Avenue to the point of beginning. The tract as described contains an area of 2.735 acres, more or less. Tract No. 6 Beginning at a concrete monument stamped "H" on top, situated on the north comer of the junction of Alohea and Thirteenth Avenues, from which the azimuth (measured clockwise from the true south) and distance to the City and County Street Survey monument is 352°36'00", 42.61 ft.; Thence from said concrete monument stamped "H" by true azimuths and distances, as follows: 136°40'30"—210.47 ft. along Alohea Avenue to concrete monument marked "G"; 208°31'30"—196.98 ft. to concrete monument marked "F"; 298°31'30"—200.00 ft. to concrete monument marked "E"; 28°31'30"—262.55 ft. along Thirteenth Avenue to the point of beginning. The tract as described contains an area of 1.055 acres, more or less. FRANKLIN D. ROOSEVELT The White House, November 7, 1933.

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Referenced By Later Executive Orders (4)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 6408 (Nov. 7, 1933), https://executiveordersarchive.org/orders/app-executive-order-6408-corrected-description-the-boundaries-fort-ruger-military-reservation.