Executive Order 9746

by President of the United States

By virtue of the authority vested in me by the Constitution and the laws of the United States, including the Canal Zone Code, approved June 19, 1934, as amended, and as President of the United State, it is hereby ordered as follows:

1. The Secretary of War is authorized to exercise the powers vested in the President by the following provisions of law:
   
   

   (a) Canal Zone Code, title 2, section 9 (48 U.S.C. 1318), relative to making and amending regulations governing (1) the operation of the Panama Canal, (2) the passage and control of vessels through the Canal and any part thereof, including the locks and approaches hereto, (3) pilots and pilotage in the Canal or the approaches thereto through the adjacent waters, and (4) the navigation of the harbors and other waters of the Canal Zone, including the licensing of officers of vessels navigating such waters.
   
   

   (b) Canal Zone Code, title 2, section 14, as added by section 1 of the act of July 9, 1937, ch. 470, 50 Stat. 486 (48 U.S.C. 1314a), relative to making altering, and amended rules and regulations governing aircraft, air navigation, air navigation facilities and aeronautical activities within the Canal Zone.
   
   

   (c) Canal Zone Code, title 2, section 371 (48 U.S.C.1310), relative to making, modifying, and changing rules and regulations in matters of sanitation, health and quarantine for the Canal Zone.
   
   

   (d) Canal Zone Code , title 2, section 372 (48 U.S.C. 1310), relative to authorizing the Board of Health of the Canal Zone to issue licenses to practice the healing art and relative to making, modifying, and changing rules and regulations with respect thereto.
   
   

   (e) Canal Zone Code, title 2, section 274, as amended by section 2 of the act of June 13, 1904, ch. 358, 54 Stat. 38l9 (48 U.S.C. 1323c), relative to establishing the rate of interest borne by postal savings certificates.
   
   

   (f) Canal Zone Code, title 2, section 401 (48 U.S.C. 1311), relative to making and changes rules and regulations for levying, assessing, and collecting ad valorem, excise, license, and franchise taxes in the Canal Zone.
   
   

   (g) Section 1 of the act of June 19, 1934, ch. 657, 48, Stat. 1116 (48 U.S.C. 1314b), relative to making rules and regulations in respect to the sale and manufacture of alcoholic beverages within, and the importation thereof into and exportation thereof from, the Canal Zone, and relative to prescribing licenses and fees for the sale and manufacture of such beverages.
   
   

   (h) Canal Zone Code, title 2, section 81, as amended by section 3 of the act of July 9, 1937, ch. 470, 50 Stat. 487, relative to the appointment, removal, fixing of compensation, and prescribing the conditions of employment of persons, other than the Governor of the Panama Canal, necessary for the care, management, maintenance, sanitation, government, operation, and protection of the Panama Canal and Canal Zone.
   
   

2. The Secretary of War, after consultation with the Secretary of State, shall exercise the powers vested in the President by the Canal Zone Code, title 2, section 141 (48 U.S.C. 1321), relative to making altering, and amending rules and regulations (a) touching the right of any person to enter or remain upon or pass over any part of the Canal Zone, and (b) for the detention of any person entering the Canal Zone in vi9lation of such rules and regulations, and the return of such person to the country whence he came.
   
   
3. The Secretary of War, after consultation with the Secretary of the Navy as to the establishment, alteration, and discontinuance of naval reservations, shall exercise so much of the powers vested in the President of the Canal Zone Code, title 2, section 5, as relates to authorizing the establishment, alteration, and discontinuance of military and naval reservations in the Canal Zone.
   
   
4. Subject to (a) the provision of section 8 of title 2 of the Canal Zone Code (48 U.S.C. 1306), (b) the supervision of the Secretary of War, and (c) consultation with the ranking diplomatic officer of the United States accredited to the Republic of Panama in the case of paragraph 4 (b) of this order, the Governor of the Panama Canal is authorized to exercise the powers vested in the President by the following provisions of law:
   
   

   (a) Canal Zone Code, title 2, section 321 (48 U.S.C. 1312), relative to making, publishing, altering, amending, and enforcing rules and regulations for the use of public roads and highways in the Canal Zone, for the regulation, licensing, and taxing of the use and operation of all self-propelled vehicles using the public highways, and for the other matters referred to in the said section 321.
   
   

   (b) Canal Zone Code, title 2, section 322 (48 U.S.C. 1312), relative to making mutual agreements with the Republic of Panama touching the reciprocal use of the highways of the Canal Zone and the Republic of Panama by self-propelled vehicles, though taxes and license fees, and any other matter of regulation to establish comity for the convenience of the residents of the two jurisdictions.
   
   

   (c) Canal Zone Code, title 5, section 391, relative to enforcing the provisions of the said section (with respect to indecent or immoral conduct in the Canal Zone).
   
   

   (d) Canal Zone Code, title 5, section 591, relative to enforcing the provision of the said sections (with respect to breach of the peace or engaging in disorderly conduct in the Canal Zone).
   
   

   (e) Canal Zone Code, title 5, section 606, relative to promulgating rules and regulations with respect to voluntary boxing or sparring exhibitions.
   
   

   (f) Canal Zone Code, title 7, section 43, as amended by section 9 of the act of July 10, 1937, ch. 487, 50 Stat. 511, relative to fixing the compensation of, and granting certain privileges to, the public defender.
   
   

5. The officers authorized hereunder to exercise powers of the President may exercise such powers without the necessity of any signature, approval, ratification, or other act of the President; 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 authorized hereunder to exercise powers as if exercised by the President. Nothing contained in this order shall be construed to limit or restrict the right of the President to exercise any power referred to in this order.
   
   
6. All provisions of prior Executive orders and rules and regulations promulgated under the provisions of this order shall remain in effect until superseded by action taken pursuant to the provisions of this order.
   
   

Harry S. Truman 

The White House,

July 1, 1946.

Notes

Amended by

• Executive Order 10101, July 31, 1950;
• Executive Order 10595, February 7, 1955

Superseded by

• Executive Order 11305, September 12, 1966

See

• Executive Order 10237, April 26, 1951;
• Transfer Order 40 of the Secretary of Defense dated July 22, 1949 (14 FR 4908)