Whereas after investigation I find and proclaim that as a result of a labor disturbance there is an interruption of the operation of the plants and facilities of the Arkwright Corporation, Berkshire Fine Spinning Associates, Inc., Border City Manufacturing Company, Bourne Mills, Howard Arthur Mills, Richard Borden Manufacturing Company, and Sagamore Manufacturing Company, in and about Fall River, Massachusetts, and that the war effort is being and will be unduly impeded or delayed by this interruption: Now, Therefore , by virtue of the power and authority vested in me by the Constitution and laws of the United States, particularly the War Labor Disputes Act of June 25, 1943 (Public Law, 78th Cong.), as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows: 1. The Secretary of War is hereby authorized to take possession of the plants and facilities of the companies hereinafter named, and to the extent deemed desirable by him of any additional textile plants, facilities or installations situated in and about Fall River, Massachusetts, and the territory adjacent thereto, which are used or operated by the hereinafter-named companies in connection with the plants and facilities of the said companies and in which strikes have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities and installations in such manner as he deems necessary for the successful prosecution of the war, and to do all things necessary for or incidental to the production, sale and distribution of the products thereof: Arkwright Corporation Berkshire Fine Spinning Associates, Inc. Border City Manufacturing Company Bourne Mills Howard Arthur Mills Bichard Borden Manufacturing Company Sagamore Manufacturing Company 2. In carrying out this order, the Secretary of War may act through or with the aid of such public or private instrumentalities or persons as he may designate. All federal agencies, including but not limited to the War Manpower Commission, the National Selective Service System, and the Department of Justice, are directed to cooperate with the Secretary of War to the fullest extent possible in carrying out the purposes of this order. 3. The Secretary of War shall permit the managements of the plants, facilities, and installations taken under the provisions of this order to continue with their managerial functions to the maximum degree possible consistent with the aims of this order. 4. The Secretary of War shall operate the plants under the terms and conditions of employment which are in effect at the time possession of the plants mentioned herein is taken, subject to the provisions of section 5 of the War Labor Disputes Act. 5. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plants and all persons employed or seeking employment therein, and their families and homes. 6. Possession, control and operation of any plant or facilities, or parts thereof, taken under this order, shall be terminated by the Secretary of War within sixty days after he determines that the productive efficiency of the plants has been restored to the level prevailing prior to the interruption of production referred to in the recitals of this order. FRANKLIN D ROOSEVELT The White House, February 7, 1944.
Executive Order 9420—Authorizing the Secretary of War to Take Possession of and Operate the Plants and Facilities of the Arkwright Corporation, Berkshire Fine Spinning Associates, Inc., Border City Manufacturing Company, Bourne Mills, Howard Arthur Mills, Richard Borden Manufacturing Company, and Sagamore Manufacturing Company, in and About Fall River, Massachusetts
Executive Brief • At a Glance
The Secretary of War is hereby authorized to take possession of the plants and facilities of the companies hereinafter named, and to the extent deemed desirable by him of any additional textile plants, facilities or installations situated in and about Fall River, Massachusetts, and the territory adjacent thereto, which are used or operated by the hereinafter-named companies in connection with the plants and facilities of the said companies and in which strikes have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities and installations in such…
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 February 7, 1944, this order concerns Authorizing the Secretary of War to Take Possession of and Operate the Plants and Facilities of the Arkwright Corporation, Berkshire Fine Spinning Associates, Inc., Border City Manufacturing Company, Bourne Mills, Howard Arthur Mills, Richard Borden Manufacturing Company, and Sagamore Manufacturing Company, in and About Fall River, Massachusetts. The Secretary of War is hereby authorized to take possession of the plants and facilities of the companies hereinafter named, and to the extent deemed desirable by him of any additional textile plants, facilities or installations situated in and about Fall River, Massachusetts, and the territory adjacent thereto, which are used or operated by the hereinafter-named companies in connection with the plants and…
Key Directives & Operative Actions
The Secretary of War is hereby authorized to take possession of the plants and facilities of the companies hereinafter named, and to the extent deemed desirable by him of any additional textile plants, facilities or installations situated in and about Fall River, Massachusetts, and the territory adjacent thereto, which are used or operated by the hereinafter-named companies in connection with the plants and facilities of the said companies and in which strikes have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities and installations in such…
In carrying out this order, the Secretary of War may act through or with the aid of such public or private instrumentalities or persons as he may designate.
The Secretary of War shall permit the managements of the plants, facilities, and installations taken under the provisions of this order to continue with their managerial functions to the maximum degree possible consistent with the aims of this order. 4.
The Secretary of War shall operate the plants under the terms and conditions of employment which are in effect at the time possession of the plants mentioned herein is taken, subject to the provisions of section 5 of the War Labor Disputes Act. 5.
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
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
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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.
Scholarly & Legal Citations
Exec. Order No. 9420 (Feb. 7, 1944), https://executiveordersarchive.org/orders/app-executive-order-9420-authorizing-the-secretary-war-take-possession-and-operate-the-plants.