xcept so far as the Secretary of Commerce shall otherwise provide
from time to time, the managements of the plants, facilities, and other
properties possession of which is taken pursuant to this order shall
continue their functions, including the collection and disbursement of
funds in the usual and ordinary course of business in the names of their
respective companies and by means of any instrumentalities used by such
companies.
"5. Except so far as the Secretary of Commerce may otherwise direct,
existing rights and obligations of such companies shall remain in full
force and effect, and 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 or business
purposes.
"6. Whenever in the judgment of the Secretary of Commerce further
possession and operation by him of any plant, facility, or other
property is no longer necessary or expedient in the interest of national
defense, and the Secretary has reason to believe that effective future
operation is assured, he shall return the possession and operation of
such plant, facility, or other property to the company in possession and
control thereof at the time possession was taken under this order.
"7. The Secretary of Commerce is authorized to prescribe and issue such
regulations and orders not inconsistent herewith as he may deem
necessary or desirable for carrying out the purposes of this order; and
he may delegate and authorize subdelegation of such of his functions
under this order as he may deem desirable. Harry S. Truman. The White
House, April 8, 1952."
[422] 343 U.S. 579, 583.
[423] Ibid. 584.
[424] 343 U.S. 579, 585-589.
[425] 2 Cr. 170 (1804).
[426] 343 U.S. 579, 660, 661.
[427] 343 U.S. 579, 684, citing 10 Annals of Congress, 619 (1800). _See
also_ p. 418.
[428] 9 Stat. 302; R.S. Sec. 5270-5279.
[429] For the controversy thereby precipitated between Hamilton
("Pacificus") and Madison (Helvidius), _see_ Edward S. Corwin, The
President's Control of Foreign Relations (Princeton University Press,
1916), Chap. I.
[430] The Act of June 5, 1794; 1 Stat. 381. The Act was the direct
outcome of suggestions made by Washington in his message of December 5,
1793. 1 Richardson 139.
[431] 22 Opins. A.G. 13 (1898); Tucker _v._ Alexandroff, 183 U.S. 424,
435 (1902). An
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