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Executive Order 9957 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9957—Possession, Control, and Operation of Certain Railroads

Harry S Truman Harry S Truman
•
Monday, May 10, 1948
•
11 min read (2,245 words)

Executive Brief • At a Glance

⏱️ 11 min read (2,245 words) • ● In Effect
🎯 Primary Mandate

Possession, control, and operation of the transportation systems owned or operated by the carriers by railroad named in the list attached hereto and hereby made a part hereof are hereby taken and assumed, through the Secretary of the Army (hereinafter referred to as the Secretary), as of 12 o'clock noon, Eastern Standard Time, May 10, 1948; but such possession and control shall be limited to real and personal property and other assets used or useful in connection with the operation of the transportation systems of the said carriers.

View all 4 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Harry S Truman on May 10, 1948, this order concerns Possession, Control, and Operation of Certain Railroads. Possession, control, and operation of the transportation systems owned or operated by the carriers by railroad named in the list attached hereto and hereby made a part hereof are hereby taken and assumed, through the Secretary of the Army (hereinafter referred to as the Secretary), as of 12 o'clock noon, Eastern Standard Time, May 10, 1948; but such possession and control shall be limited to real and personal…

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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Possession, control, and operation of the transportation systems owned or operated by the carriers by railroad named in the list attached hereto and hereby made a part hereof are hereby taken and assumed, through the Secretary of the Army (hereinafter referred to as the Secretary), as of 12 o'clock noon, Eastern Standard Time, May 10, 1948; but such possession and control shall be limited to real and personal property and other assets used or useful in connection with the operation of the transportation systems of the said carriers.

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In carrying out the provisions of this order the Secretary may act through or with the aid of such public or private instrumentalities or persons as he may designate, and may delegate such of his authority as he may deem necessary or desirable.

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All Federal agencies shall comply with the orders of the Secretary issued pursuant to this order and shall cooperate to the fullest extent of their authority with the Secretary in carrying out the provisions of this order. 4.

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The Secretary shall permit the management of carriers whose transportation systems have been taken under, or which may be taken pursuant to, the provisions of this order to continue their respective managerial functions to the maximum degree possible consistent with the purposes of this order.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

🏷️ Infrastructure & Transportation 🏷️ Labor & Employment 🏷️ National Security & Defense
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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)
§

"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
53 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

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
2,245
14,234 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
17.7
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS I find that as a result of labor disturbances there are interruptions, and threatened interruptions, of the operations of the transportation systems owned or operated by the carriers by railroad named in the list attached hereto and made a part hereof; that it has become necessary to take possession and assume control of the said transportation systems for purposes that are needful or desirable in connection with the present emergency; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure in the national interest the operation of the said transportation systems:

NOW, THEREFORE, #now-therefore

by virtue of the power and authority vested in me by the Constitution and the laws of the United States, including the act of August 29, 1916, 39 Stat. 619, 645, as President of the United States and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows: 1. Possession, control, and operation of the transportation systems owned or operated by the carriers by railroad named in the list attached hereto and hereby made a part hereof are hereby taken and assumed, through the Secretary of the Army (hereinafter referred to as the Secretary), as of 12 o'clock noon, Eastern Standard Time, May 10, 1948; but such possession and control shall be limited to real and personal property and other assets used or useful in connection with the operation of the transportation systems of the said carriers. If and when the Secretary finds it necessary or appropriate for carrying out the purposes of this order, he may, by appropriate order, take possession and assume control of all or any part of any transportation system of any other carrier by railroad located in the continental United States. 2. The Secretary is directed to operate or to arrange for the operation of, the transportation systems taken under or pursuant to this order in such manner as he deems necessary to assure to the fullest possible extent continuous and uninterrupted transportation service. 3. In carrying out the provisions of this order the Secretary may act through or with the aid of such public or private instrumentalities or persons as he may designate, and may delegate such of his authority as he may deem necessary or desirable. The Secretary may issue such general and special orders, rules, and regulations as may be necessary or appropriate for carrying out the provisions, and to accomplish the purposes of this order. All Federal agencies shall comply with the orders of the Secretary issued pursuant to this order and shall cooperate to the fullest extent of their authority with the Secretary in carrying out the provisions of this order. 4. The Secretary shall permit the management of carriers whose transportation systems have been taken under, or which may be taken pursuant to, the provisions of this order to continue their respective managerial functions to the maximum degree possible consistent with the purposes of this order. Except so far as the Secretary shall from time to time otherwise provide by appropriate order or regulation, the boards of directors, trustees, receivers officers, and employees of such carriers shall continue the operation of the said transportation systems including the collection and disbursement of funds thereof, in the usual and ordinary course of the business of the carriers, in the names of their respective companies, and by means of any agencies, associations, or other instrumentalities now utilized by the carriers. 5. Except so far as the Secretary shall from time to time otherwise determine and provide by appropriate orders or regulations, existing contracts and agreements to which carriers whose transportation systems have been taken under, or which may be taken pursuant to, the provisions of this order are parties, shall remain in full force and effect. Nothing in this order shall have the effect of suspending or releasing any obligation owed to any carrier affected hereby, and all payments shall be made by the persons obligated to the carrier to which they are or may become due. Except as the Secretary may otherwise direct, there may be made, in due course, payments of dividends on stock, and of principal, interest, sinking funds, and all other distributions upon bonds, debentures, and other obligations; and expenditures may be made for other ordinary corporate purposes. 6. Until further order of the President or the Secretary, the said transportation systems shall be managed and operated under the terms and conditions of employment in effect at the time possession is taken under this order, without prejudice to existing equities or to the effectiveness of such retroactive provisions as may be included in the final settlement of the disputes between the carriers and the workers. The Secretary shall recognize the right of the workers to continue their membership in labor organizations, to bargain collectively through representatives of their own choosing with the representatives of the owners of the carriers, subject to the provisions of applicable law, as to disputes between the carriers and the workers; and to engage in concerted activities for the purpose of such collective bargaining or for other mutual aid or protection, provided that in his opinion such concerted activities do not interfere with the operation of the transportation systems taken hereunder, or which may be taken pursuant hereto. 7. Except as this order otherwise provides and except as the Secretary may otherwise direct, the operation of the transportation systems taken hereunder, or which may be taken pursuant hereto, shall be in conformity with the Interstate Commerce Act, as amended, the Railway Labor Act, as amended, the Safety Appliance Acts, the Employers' Liability Acts, and other applicable Federal and State laws, Executive orders, local ordinances, and rules and regulations issued pursuant to such laws, Executive orders, and ordinances. 8. Except with the prior written consent of the Secretary, no receivership, reorganization, or similar proceeding affecting any carrier whose transportation system is taken hereunder, or which may be taken pursuant hereto, shall be instituted; and no attachment by mesne process, garnishment, execution, or otherwise shall be levied on or against any of the real or personal property or other assets of any such carrier; provided that nothing herein shall prevent or require approval by the Secretary of any action authorized or required by any interlocutory or final decree of any United States court in reorganization proceedings now pending under the Bankruptcy Act or in any equity receivership cases now pending. 9. The Secretary is authorized to furnish protection for persons employed or seeking employment in or with the transportation systems of which possession is taken hereunder, or which may be taken pursuant hereto; to furnish protection for such transportation systems; and to furnish equipment, manpower, and other facilities or services deemed necessary to carry out the provisions, and to accomplish the purposes, of this order. 10. From and after 12 o'clock noon, Eastern Standard Time, on the said 10th day of May, 1948, all properties taken under this order shall be conclusively deemed to be within the possession and control of the United States without further act or notice. 11. Possession, control, and operation of any transportation system, or any part thereof, or of any real or personal property taken under this order, or which maybe taken pursuant hereto, shall be terminated by the Secretary when he determines that such possession, control, and operation are no longer necessary to carry out the provisions, and to accomplish the purposes, of this order. LIST EASTERN REGION Akron, Canton & Youngstown Railroad Co. Ann Arbor Railroad Company Baltimore & Ohio Railroad Company B & O Chicago Terminal R.R. Co. Curtis Bay Railroad Co. Strouds Creek & Muddlety R.R. Bessemer & Lake Erie Railroad Company Boston and Maine Railroad Brooklyn Eastern District Terminal Buffalo Creek Railroad Bush Terminal Railroad Company Canadian National Railways Canadian Nat'l. Rys.-Lines in New England Champlain & St. Lawrence Railroad United States & Canada Railroad St. Clair Tunnel Company Canadian Pacific Railway Co. Central Vermont Railway, Inc. Chesapeake & Ohio Railway Co. Pere Marquette District Fort Street Union Depot Co. Chicago, Indianapolis & Louisville Ry. Co. Cincinnati Union Terminal Company Delaware & Hudson Railroad Corporation Delaware, Lackawanna & Western R.R. Co. Detroit and Toledo Shore Line R.R. Co. Detroit Terminal Railroad Company Detroit, Toledo & Ironton Railroad Co. Erie Railroad Company Grand Trunk Western Railroad Company Huntingdon & Broad Top Mt. R. R. & Coal Co. Indianapolis Union Railway Co. Jay Street Connecting R.R Co. Lake Terminal Railroad Company Lehigh & New England Railroad Company Lehigh Valley Railroad Company Maine Central Railroad Company Portland Terminal Company McKeesport Connecting Railroad Monongahela Railway Company Mountour Railroad Company New York Central R.R. (Full Line Agreements) NYC RR-Buffalo and East NYC RR-West of Buffalo Michigan Central Railroad C.C.C. & St. L. Railway Peoria & Eastern Railway L. & J.B. & Railroad Co. Boston & Albany Railroad Indiana Harbor Belt Railroad Chicago River & Indiana (C.J. Ry.) Pittsburgh & Lake Erie R.R. (L.E. & E) Cleveland Union Terminals Ohio Central Federal Valley New York, Chicago & St. Louis RR. Co. New York Dock Railway New York, New Haven & Hartford Railroad Co. Northampton & Bath Railroad Company Pennsylvania Railroad Company Baltimore & Eastern Railroad Co. Long Island Rail Road Company Pennsylvania-Reading Seashore Lines Pittsburgh & West Virginia Railway Co. Pittsburgh, Chartiers & Youghiogheny Ry. Reading Company River Terminal Railway Co. Staten Island Rapid Transit Railway Union Freight R.R. Co. (Boston) Washington Terminal Company Wheeling & Lake Erie Railway Co. Lorain & West Virginia Railway Co. SOUTHEASTERN REGION Atlantic Coast Line Atlanta & West Point R.R. Western Railway of Alabama Atlanta Joint Terminals Central of Georgia Ry. Charleston & Western Carolina Ry. Chesapeake & Ohio-Chesapeake Dist. Clinchfield R.R. Florida East Coast Ry. Georgia R.R. Gulf, Mobile & Ohio R.R. Jacksonville Terminal Company Kentucky & Indiana Terminal R.R. Louisville & Nashville R.R. Nashville, Chattanooga & St. Louis Ry. Norfolk & Portsmouth Belt Line R.R. Norfolk & Western Ry. Richmond Fredericksburg & Potomac R.R. Seaboard Air Line Ry. Southern Alabama Great Southern Cin., Burnside & Cumberland River Ry. Cin., New Orleans & Texas Pacific Ry. Georgia Southern & Florida Ry. Harriman & Northeastern R.R. New Orleans & Northeastern New Orleans Terminal St. Johns River Terminal Tennessee Central Railroad Virginian Ry. WESTERN REGION Atchison, Topeka & Santa Fe Ry. Gulf, Colorado & Santa Fe Ry. Panhandle & Santa Fe Ry. Belt Ry. Co. of Chicago Burlington-Rock Island R.R. Camas Prairie R.R. Chicago & Eastern Illinois R.R. Chicago & Illinois Midland Ry. Chicago & North Western Ry. Chicago & Western Indiana R.R. Chicago, Burlington & Quincy R.R. Chicago Great Western Ry. (Inc. S. St. Paul Terminal) Chicago, Milwaukee, St. Paul & Pacific R.R. Chicago, Terre Haute & Southeastern Ry. Chicago, Rock Island & Pacific Ry. Chicago, St. Paul, Minneapolis & Omaha Ry. Colorado & Southern Ry. Colorado & Wyoming Ry. Davenport, Rock Island & Northwestern Ry. Denver & Rio Grande Western R. R. Denver & Rio Grande Western R.R. (Former D&SL) Des Moines Union Ry. Duluth, Missabe & Iron Range Ry. (Iron Range Div.) Duluth, Missabe & Iron Range Ry. (Missabe Div.) Duluth, Winnipeg & Pacific Ry. East St. Louis Junction R.R. Elgin, Joliet & Eastern Ry. Fort Worth & Denver City Ry. Wichita Valley Ry. Galveston, Houston & Henderson R.R. Great Northern Ry. Green Bay & Western R.R. Kewaunee, Green Bay & Western R.R. Gulf Coast Lines-Comprising Asherton & Gulf Ry. Asphalt Belt Ry. Beaumont, Sour Lake & Western Ry. Houston & Brazos Valley Ry. Houston North Shore Ry. Iberia, St. Mary & Eastern R.R. International-Great Northern R.R. New Iberia & Northern R.R. New Orleans, Texas &^ Mexico Ry. Orange & Northwestern R.R. Rio Grande City Ry. St. Louis, Brownsville & Mexico Ry. San Antonio Southern Ry. San Antonio, Uvalde & Gulf R.R. San Benito & Rio Grand Valley Ry. Sugar Land Ry. Houston Belt & Terminal Ry. Illinois Central R.R. Chicago & Illinois Western R.R. Kansas City Southern Ry. Kansas City Terminal Ry. Los Angeles Junction Ry. Louisiana & Arkansas Ry. Manufacturers Ry. Midland Valley R.R. Kansas, Oklahoma & Gulf Ry. Oklahoma City-ADA-Atoka Ry. Minneapolis & St. Louis Ry. Railway Transfer Co. of City of Minneapolis Minneapolis, St. Paul & Sault Ste. Marie R.R. Duluth, South Shore & Atlantic Ry. Mineral Range R.R. Minnesota Transfer Ry. Missouri-Kansas-Texas R.R. Missouri-Kansas-Texas R.R. Co. of Texas. Missouri Pacific R.R. Northern Pacific Ry. Northern Pacific Terminal Co. of Oregon Northwestern Pacific R.R. Ogden Union Ry. & Depot Co. Oregon, California & Eastern Ry. Peoria & Pekin Union Ry. Port Terminal Railroad Association. St. Joseph Terminal R.R. St. Louis-San Francisco Ry. St. Louis, San Francisco & Texas Ry. St. Louis Southwestern Ry. St. Louis Southwestern Ry. Co. of Texas. St. Paul Union Depot Co. San Diego & Arizona Eastern Ry. Sioux City Terminal Ry. Southern Pacific Co. (Pacific Lines)-excluding former El Paso & Southwestern System. Southern Pacific Co.-Former El Paso & Southwestern System. Southern Pacific Co.-Former Arizona Eastern R.R.-Phoenix Dist. Spokane, Portland & Seattle Ry. Oregon Electric Ry. Oregon Trunk Ry. Terminal Railroad Association of St. Louis. Texas & New Orleans R.R. Texas & Pacific Ry. Abilene & Southern Ry. Fort Worth Belt Ry. Texas-New Mexico Ry. Texas Short Line Ry. Weatherford, Mineral Wells & Northwestern Ry. Texas Mexican Ry. Texas Pacific-Missouri Pacific Terminal R.R. of New Orleans. Union Pacific R.R. Union Railway Co. (Memphis). Union Terminal Co. (Dallas). Wabash R.R.-Lines West of Detroit and Toledo. Wabash R.R.-Lines east of Detroit (Buffalo Div.). Western Pacific R.R. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

May 10, 1948

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Referenced By Later Executive Orders (1)

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

References Executive Order 9971—Creating an Emergency Board to Investigate Disputes Between Certain Transportation Systems Operated by the Secretary of the Army and Certain Workers
Harry S Truman • 1948-06-23
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Scholarly & Legal Citations 

Exec. Order No. 9957 (May 10, 1948), https://executiveordersarchive.org/orders/app-executive-order-9957-possession-control-and-operation-certain-railroads.