PROVIDING FOR THE EXERCISE OF CERTAIN FUNCTIONS, DUTIES, AND POWERS OF THE PRESIDENT WITH RESPECT TO CERTAIN COURT MARTIAL CASES BY THE SECRETARY OF WAR, THE UNDER SECRETARY OF WAR, THE SECRETARY OF THE NAVY AND THE UNDER SECRETARY OF THE NAVY
WHEREAS the burden of duties upon the President is becoming increasingly heavy because of the pressure of war conditions; and
WHEREAS the national security and defense, the successful prosecution of the war, and the more effective exercise and more efficient administration by the President of his powers as Commander in Chief of the Army and Navy will be facilitated if certain functions, duties, and powers are exercised by the Secretary of War, the Under Secretary of War, the Secretary of the Navy and the Under Secretary of the Navy.
NOW, THEREFORE, by the virtue of the authority vested in me by the Constitution and laws of the United States and particularly Title I of the First War Powers Act, 1941, (55 Stat. 838), and as President of the United States and Commander in Chief of the Army and Navy of the United States, it is here by ordered as follows:
1. Subject to such regulations as may be prescribed by the Secretary of War and the Secretary of the Navy in regard to their respective departments, there is hereby transferred and delegated to each of the following, namely, the Secretary of War and the Under Secretary of War, the functions, duties, and powers of confirmation vested in the President under Article of War 48, together with the power of commutation, and all functions, duties, and powers vested in the President by Articles of War 49, 50, 50½, 51, and 52, in all cases of sentences except those extending to death; and to each of the following, namely, the Secretary of the Navy and the Under Secretary of the Navy, all functions, duties, and powers of confirmation vested in the President under Article 53 of the Articles for the Government of the Navy, in all cases of sentences except those extending to the loss of life.
2. By virtue of the foregoing transfers and delegations of functions, duties and powers, the same may be exercised by each of the following, namely, the Secretary of War, the Under Secretary of War, the Secretary of the Navy and the Under Secretary of the Navy, as to the War and Navy Departments, respectively, to whom such transfers and delegations are hereby made without the necessity of any signature, approval, ratification or other act by the President of the United States except to the extent required by such regulations as may be issued by the Secretary of War and the Secretary of the Navy, respectively; and all officers, officials, and employees of the United States, including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those to whom transfers and delegations are made hereunder as if done by the person or persons in whom the functions, duties and powers were vested prior to such transfers and delegations.
3. Nothing contained in this order shall be deemed to or shall revoke, limit, restrict, or affect any existing power on the part of the Secretary of War and the Secretary of the Navy, respectively, to delegate any functions, duties, or powers or any transfers or delegations heretofore made.
4. Nothing contained in this order shall be deemed to or shall limit or restrict the power and right on the part of the President to exercise or perform any of the functions, duties, or powers (including, but not limited to, those hereby transferred and delegated) heretofore possessed by or vested in him.
This order shall continue in force and effect until the termination of Title I of the First War Powers Act , 1941.
HARRY S. TRUMAN
THE WHITE HOUSE,
May 26, 1945
WHEREAS the burden of duties upon the President is becoming increasingly heavy because of the pressure of war conditions; and
WHEREAS the national security and defense, the successful prosecution of the war, and the more effective exercise and more efficient administration by the President of his powers as Commander in Chief of the Army and Navy will be facilitated if certain functions, duties, and powers are exercised by the Secretary of War, the Under Secretary of War, the Secretary of the Navy and the Under Secretary of the Navy.
NOW, THEREFORE, by the virtue of the authority vested in me by the Constitution and laws of the United States and particularly Title I of the First War Powers Act, 1941, (55 Stat. 838), and as President of the United States and Commander in Chief of the Army and Navy of the United States, it is here by ordered as follows:
1. Subject to such regulations as may be prescribed by the Secretary of War and the Secretary of the Navy in regard to their respective departments, there is hereby transferred and delegated to each of the following, namely, the Secretary of War and the Under Secretary of War, the functions, duties, and powers of confirmation vested in the President under Article of War 48, together with the power of commutation, and all functions, duties, and powers vested in the President by Articles of War 49, 50, 50½, 51, and 52, in all cases of sentences except those extending to death; and to each of the following, namely, the Secretary of the Navy and the Under Secretary of the Navy, all functions, duties, and powers of confirmation vested in the President under Article 53 of the Articles for the Government of the Navy, in all cases of sentences except those extending to the loss of life.
2. By virtue of the foregoing transfers and delegations of functions, duties and powers, the same may be exercised by each of the following, namely, the Secretary of War, the Under Secretary of War, the Secretary of the Navy and the Under Secretary of the Navy, as to the War and Navy Departments, respectively, to whom such transfers and delegations are hereby made without the necessity of any signature, approval, ratification or other act by the President of the United States except to the extent required by such regulations as may be issued by the Secretary of War and the Secretary of the Navy, respectively; and all officers, officials, and employees of the United States, including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those to whom transfers and delegations are made hereunder as if done by the person or persons in whom the functions, duties and powers were vested prior to such transfers and delegations.
3. Nothing contained in this order shall be deemed to or shall revoke, limit, restrict, or affect any existing power on the part of the Secretary of War and the Secretary of the Navy, respectively, to delegate any functions, duties, or powers or any transfers or delegations heretofore made.
4. Nothing contained in this order shall be deemed to or shall limit or restrict the power and right on the part of the President to exercise or perform any of the functions, duties, or powers (including, but not limited to, those hereby transferred and delegated) heretofore possessed by or vested in him.
This order shall continue in force and effect until the termination of Title I of the First War Powers Act , 1941.
HARRY S. TRUMAN
THE WHITE HOUSE,
May 26, 1945