Page:United States ex rel. Bryant v. Houston.pdf/4

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918
273 Federal Reporter
“The important purposes for which the operation of the Coast Guard was temporarily transferred to the Navy under the Act approved January 28, 1915, entitled ‘An act to create the Coast Guard by combining therein the existing Life Saving Service and Revenue Cutter Service,’ having been accomplished, and, it being for the best interest of the government and for the efficient service of the Coast Guard in connection with the collection of the revenue that the Coast Guard be under the supervision of the Treasury Department, it is hereby directed that the Coast Guard shall on and after this date operate under the Treasury Department.”

The act of May 20, 1918, known as the Overman Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, 283a, 283b, 283f), so far as here applicable reads as follows:

“That for the national security and defense, for the successful prosecution of the war, for the support and maintenance of the Army and Navy, for the better utilization of resources and industries, and for the more effective exercise and more efficient administration by the President of his powers as Commander in Chief of the land and naval forces the President is hereby authorized to make such redistribution of functions among executive agencies as he may deem necessary, including any functions, duties, and powers hitherto by law conferred upon any executive department, commission, bureau, agency, office, or officer, in such manner as in his judgment shall seem best fitted to carry out the purposes of this act, and to this end is authorized to make such regulations and to issue such orders as he may deem necessary, which regulations and orders shall be in writing and shall be filed with the head of the department affected and constitute a public record; Provided, that this act shall remain in force during the continuance of the present war and for six months after the termination of the war by proclamation of the treaty of peace, or at such earlier time as the President may designate: Provided further, that the termination of this act shall not affect any act done or any right or obligation accruing or accrued pursuant to this act and during the time that this act is in force: Provided further, that the authority by this act granted shall be exercised only in matters relating to the conduct of the present war.

“Sec. 2. That in carrying out the purposes of this act the President is authorized to utilize, coordinate, or consolidate any executive or administrative commissions, bureaus, agencies, offices, or officers now existing by law, to transfer any duties or powers from one existing department, commission, bureau, agency, office, or officer to another, to transfer the personnel thereof or any part of it either by detail or assignment, together with the whole or any part of the records and public property belonging thereto. * * *

“Sec. 6. That all laws or parts of laws conflicting with the provisions of this act are to the extent of such conflict suspended while this act is in force.

“Upon the termination of this act all executive or administrative agencies, departments, commissions, bureaus, offices, or officers shall exercise the same functions, duties, and powers as heretofore or as hereafter by law may be provided, any authorization of the President under this act to the contrary notwithstanding.”

A mere reading of the act shows that the President was clothed with the widest measure of discretion, so far as concerned “matters relating to the conduct of the present war.” “Upon the termination” of this act means, of course, upon the termination of “the present war.” When the “present” war shall have been terminated, then (but not until then) “all executive * * * agencies * * * shall exercise the same functions * * * as heretofore or hereafter may be provided, any authorization of the President under this act to the contrary notwithstanding.”