Executive Order 9478—Authorizing the Secretary of the Interior to Take Possession of and Operate the Mines, Collieries, and Preparation Facilities of Certain Coal Companies

Whereas after Investigation I And and proclaim that there are interruptions of the operations of the mines, collieries, and facilities of the companies named in the list attached hereto and made a part hereof, located in the States of Pennsylvania and West Virginia, as a result of existing and threatened strikes and other labor disturbances; that the effective prosecution of the war will be unduly impeded or delayed by such Interruptions; and that the exercise, as herein specified, of the powers vested in me is necessary to insure, in the Interests of the war effort, the operation of these mines, collieries, and facilities: Now, Therefore , by virtue of the power and authority vested in me by the Constitution and laws of the United States, including section 9 of the Selective Training and Service Act of 1940 (54 Stat. 892) as amended by the War Labor Disputes Act (57 Stat. 163), 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 the Interior is authorized and directed to take possession of the mines, collieries, and preparation facilities of the companies named in the list attached hereto and made a part hereof, and of any real or personal property, and other assets, used in connection with the operation thereof; to operate or arrange for the operation of such mines, collieries, and facilities 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 coal produced, prepared, or handled by the said mines, collieries, and facilities. 2. The Secretary of the Interior shall operate the said mines, collieries, and facilities in accordance with the terms and conditions of employment which are in effect at the time possession thereof is taken, subject to the provisions of section 5 of the War Labor Disputes Act. He shall provide such protection of the employees as may be necessary to maintain production, and shall take such appropriate disciplinary action, not inconsistent with law, as may be necessary to effectuate the purposes of this order. 3. In carrying out this order, the Secretary of the Interior shall 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, the War Department, and the Department of Justice, are directed to cooperate with the Secretary of the Interior to the fullest extent possible in carrying out the purposes of this order. 4. The Secretary of the Interior shall permit the managements of the mines, collieries, and facilities 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, 5. Possession of the mines, collieries, and facilities taken under this order shall be terminated by the Secretary of the Interior within sixty days after he determines that the productive efficiency of the mines, collieries, and facilities has been restored to that prevailing prior to the interruption of production referred to in the recitals of this order. FRANKLIN D ROOSEVELT The White House, September 6, 1944. LIST OF NAMES AND LOCATIONS OF COMPANIES Glendale Gas Coal Co., Moundsville, W. Va. Hitchman Coal and Coke Co., Benwood, W. Va. Kelleys Creek Colliery Co., Elm Grove, W. Va. Valley Camp Coal Co., Elm Grove, W. Va. Northwestern Mining Exchange Co., Du Bois, Pa. Pennsylvania Coal and Coke Co., Ehrenfeld, Pa. Hillman Coal and Coke Co., Barking, Pa. Consolidation Coal Co., Benton, Pa. Republic Iron and Steel Corporation (Russellton Mine), Russellton, Pa.