Executive Order 9572—Possession, Control, and Operation of the Toledo, Peoria & Western Railroad

WHEREAS the President of the United States, in the exercise of the powers conferred upon him by the Constitution and the laws of the United States, including the act of August 29, 1916, 39 Stat. 645, and the First War Powers Act, 1941 (55 Stat. 838), by Executive Order 9108 dated March 21, 1942, directed the Director of the Office of Defense Transportation to take immediate possession of the property of the Toledo, Peoria & Western Railroad (therein referred to as the Toledo, Peoria & Western Railroad Company) for and on behalf of the United States and to operate or to arrange for the operation of the said railroad in such manner as he deemed necessary for the successful prosecution of the war; and WHEREAS pursuant to the said Executive Order 9108, the Director of the Office of Defense Transportation, on March 22, 1942, through duly designated and authorized officers and agents, took possession of the property of the said Toledo, Peoria & Western Railroad and since that date has continued in the possession of and has operated the said railroad for and on behalf of the United States in accordance with the said Executive Order, as amended by Executive Order 9320, dated March 24, 1943; and WHEREAS from December 27, 1943, to January 18, 1944, the Director of the Office of Defense Transportation operated the said railroad subject to Executive Order 9412, dated December 27, 1943; and WHEREAS on May 19, 1945, in over-ruling a motion to dismiss a suit instituted by the Toledo, Peoria & Western Railroad against agents of the Director of the Office of Defense Transportation, the District Court of the United States for the Southern District of Illinois, Northern Division, handed down an opinion stating that in view of Executive Order 9412 the President of the United States has not authorized the Director of the Office of Defense Transportation to continue in possession of and to operate the railroad in accordance with Executive Order 9108. WHEREAS for the reasons set forth in Executive Order 9108, it has at all times since March 21, 1942, been, and continues to be, essential that the railroad remain in the possession of, and be operated by and for, the United States in order to assure successful prosecution of the war; and WHEREAS it is desirable to remove all doubt as to the authority of the Director of the Office of Defense Transportation with respect to his possession, control, and operation of the railroad prior to this date, and his authority to continue in the possession, control, and operation of the railroad: NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including the act of August 29, 1916, 39 Stat. 645, and the First War Powers Act, 1941 (55 Stat. 838), as President of the United States and as Commander in Chief of the Army and Navy, it is hereby ordered as follows: 1. All acts performed by the Director of the Defense Transportation and his duly designated and authorized officers and agents since March 21, 1942, with respect to the possession, control, and operation of the railroad in reliance upon and in accordance with the provisions of Executive Order 9108, as amended by Executive Order 9320, are hereby approved, ratified, confirmed, and adopted as taken by and for the United States. 2. The Director of the Office of Defense Transportation is authorized and directed to continue in possession of the railroad and to operate or to arrange for it operation in accordance with the provisions of Executive Order 9108, as amended by Executive Order 9320. HARRY S. TRUMAN THE WHITE HOUSE, June 15, 1945