xt7wwp9t2q46_57 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed.  Permission must be received for subsequent distribution in print or electronically.  Physical rights are retained by the owning repository.  Copyright is retained in accordance with U. S. copyright laws.  For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 60 "Lawmaking By Executive Order: An Analysis of a Movement Tending to Destroy American Constitutional Government and to Set Up an Executive Autocracy," August, 1935 text No. 60 "Lawmaking By Executive Order: An Analysis of a Movement Tending to Destroy American Constitutional Government and to Set Up an Executive Autocracy," August, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_60/Am_Lib_Leag_60_001/Am_Lib_Leag_60_001.pdf section false xt7wwp9t2q46_57 xt7wwp9t2q46 . * ·k
Pamphlets Avadable
*
Copies of the following pamphlets and        
other League literature may be obtained
upon application to the League’s national
headquarters: EXECUTI V E
Statement of Principles and Purposes
American Liberty League-Its Platform  
An Analysis of the President/s Budget Message
Economic Security
Indation
The Thirty Hour Week
The Pending Banking Bill
'II)`he Lgaldingl Company Bill
r`c ontro
TlieeLabo1· Relations Bill * * * .
The Bituminous Coal Bill
Extension of the NRA»
The Farmers’ Home Bill
The TVA Amendments
The New Deal, Its Unsound Theories and Ir- I
gzzzoncilable Policies—Speech by Ralph M.
aw '
Hrigw go lxleet the Issue-Speech by Willwkzm An Analysis Of a Movement
. ora ' ‘,
The Supreme Court and the New Deal Tcndlng to Destroy Amen
The Duty of the Church to the Social Order- can Constitutional Gov,
Speech by S. Wells Utley
AnCOpe}n Letter to the President-By Dr. Neil ernment and to Set
I arot ers
The Revised AAA Amendments '
Théah Return to Democracy-Speech by Jouett Uplin Exccutlvc
case i
The President’s Tax Program utocracy
The American Bar-The Trustee of American ‘
Institutions-Speech by Albert C. Ritchie
TwolAmazing Years-Speech by Nicholas Roose-
ve t -
Fabian Socialism in the New Deal—Speech by
Demarest Lloyd L_
The People’s Money-Speech by Dr. Walter E.
Spahr `_*€RI(~
The Principles of Constitutional Democracy and Y  
the New Deal-Speech by R. E. Desvemine i-}’jg€i§»§;
Which Road to Take?-Speech by J. Howard ¢_;   •.4
Tlfelgl f S bl S h b  télellllil 
ess`ng o ta "t — p J W. 4s R
Igadswgrti iiy _ eec y ames ry Lev
Legislation-By Coercion or Constitution-
Speech by Jouett Shoase
Recovery by Statute-Speech by Dr. Neil
Carothers
Expanding Bureaucracy
The Imperilment of Democracy—Speech by
Fitzgerald Hall.
* AMERICAN LIBERTY LEAGUE
National Headquarters _
NATION
AMERICAN LIBERTY LEAGUE WAS‘§;§§:§§§B§‘;D‘NG
NATIONAL PRESS BUILDING ° ° `
WASHINGT N, D. .
% Docume t N . 6
4 Augustshgggo O

 Lavvmakmg by Executive Order
*
Laws enacted since March, 1933, delegating
broad power to the Executive, have created a
situation unique in the history of the United
‘ States. Under these enactments lawmaking by
executive order has been countenanced to a de-
gree unprecedented and almost unbelievable.
The authority of the Executive has been ex-
panded far beyond what was contemplated when
the Constitution provided for three coordinate
branches of government. The three divisions,
each with supreme authority, were intended to
- prevent a centralization of power characteristic
of autocracy. The Legislative branch was to
I make the laws, the Executive branch to execute
them and the Judicial branch to interpret them. ·
The delegation of legislative power to the Exec-
utive is contrary to the intent of the framers of
p the Constitution and encroaches upon demo-
` · cratic principles.
In the Schechter and "hot ·oi1" cases, both in-
, volving the National Industrial Recovery Act,
the Supreme Court has held that the delegation
’ of authority to the Executive exceeded the
bounds prescribed by the Constitution. The
validity of many other actions taken under such
authority has not been passed upon.
Facts regarding executive orders issued during
· the present administration are:
s 1. Executive orders issued between March,
1933, and July, 1935, total more than 1,250.
2. Administrative orders issued by oiiicials
under authority of executive orders during the
I · same period run into the thousands.
3. Boththe executive and administrative or-
- ders have the force of law, violation being pun-
ishable in many cases by fines and even by im-
3 prisonment.
J 4. About 50 new agencies and additional
branches of existing agencies and departments
have been created by executive order.
» 5. Executive orders already issued during this
administration exceed by several hundred the
1 total during the entire four years of the last
administration.
6. Orders issued under previous administra-
tions were almost entirely of a ministerial char-
. acter, whereas many issued during the past two
I l years are executive edicts affecting the lives and
l property of citizens.
l 7. Through executive orders based on broad
3
l

 grants of PoWor> Proposals previously releeeed It is impossible to obtain accurate information
by rno Congress have been por rnro sssss- as to the number of orders issued by officials to
8- Nsw agonores oreaeed by oxscnnvo order whom the President has delegated authority.
novo smbsskss upon ah sores sf projeers never The Administrator for Industrial Recovery, dur-
ssss sssssssss ss sss sssss ss sss ssssssssss ss ing as ara year ofthe life ofthe National in-
'ehe raw Whreh dregahy deregared aerherrry re dustrial Recovery Act, issued about 3,000 admin-
rno Exooorryo; , istrative orders approving or modifying codes
e- Tss Narronar rhddsrrrar Reeoyery Aer ahd and covering other activities under the operation
rnoro reoenldy the Workdeeher Aer have rdr" of that law. A special committee of the Amer-
hrehed the eueherrey rer the bulk er the lee" ican Bar Association reported that in addition to
rnakrng oy exeoordye ,order· the 3,000 administrative orders during that year,
numerous regulations were to be found among
Number and Kinds of Orders about 6,000 press releases. During the second
. . . year of the National Industrial Recovery Act
Mss e exeohrrye orders have ssss ssssss ddrmg so many thousands of administrative orders and
the presehr adrorhrsrredoh shan is ahy other regulations of various kinds were issued that the
shnhar period The rosa] sf more than 1*250 is officials confess their inability either to estimate
the r’We years and ssss reerrehs between Msssss the total or to segregate them in groups. The
leeev and ddrys reees rs more than sssss the i American Bar Association Committee estimated
number during the corresponding period of the that the NRA eieue produced mere them 1g,()O()
last administration. Executive orders issued heeee ef edmihietretive uiewn ih et eiueie year.
during the entire four years of the last adminis- _ Executive erdere ere divided inte twe general
tration totaled about 1,000. Between 1862 and eieeeee The Hirst emhrueee these ef e purely
reoo orhy leo exeedrrye orders Were rssded‘ ministerial character and involves but little dis-
Fssm leoo ro Mareh* leees rhere was a rorar or cretion. The second class constitutes lawmaking
about 5*000* er an average er sssy lee a year' by executive order. This type of order is largely
Although smsrgsnoy rarrs ssssss rhe World Wss a new development under the recent laws vesting
vested unusual authority in the President, the breed eutherity in the Executive.
executive orders issued during the entire eight
years of the Wilson Administration totaled less . Access 1:0 Orders
rherslsegesss ssss ssssss ssssss sss. sssssss he’$ieE§Esi},rZ’éeZ`%ri`Q$, a€€€?€dtrE£tZrrSE1`Q%€§flSiZ
administration are many which deal with more i th d h hieh these euh·eet te them een keep
than one subject or agency. For example, three I mee . e d Y V; th h_ revieriehe The exeeutive
different work-relief agencies were created by a a (ieee reehied Weth rt)he Stete be ertmeht end
single order eooprehoehrar. orders fssssssssy rtrjsrecgsiele to obtain copies Hoveever norcom-
have been issued under earlier serial numbers. .i th r th Orders ere ieeued ee ie hide hi the
The actual number of orders issued during the pr e rei]? e e th Cen reee
present administration thus is considerably eaeeeeh iegeree eheeee exieee ddth reeheet te the
greater then mdleered by the meal Of 1’25O' orders and re lations issued by officials to whom
About 35 per cent of them have related to codes th P -d tehlee re_deie eted ewei, The utter
of fair competition under the NRA. About 25 . e regrets f kee ih etree; er theee erdere
per cent have been of a routine character with V rmpeeet dlhy druetieeeeerethe Su reme Geert dui._
respect to public lands. About 25 per cent have , Yreetrhe h eign ef the uhet ehareeee
related to the Civil Service and other ordinary   11% F he ee tehe exeeutive erdere dud edmihie_
administrative matters such as in connection with Z tretevee reeuietiehe ieeued thereunder merely iu_
Vererene meereel revenue end- eueremee the Rss- I volved ministerial acts there was but little public
eme Genes mlhrery end ferelen eerV1eee’ eheee '° interest Under resent conditions citizens may
end Gevemmenr Property ebeur 15 per eeer be shown to havepviolated administrative laws of
ssss sss ss ss ssss sss srssssss ss ssssssssss- which they could not be expected to have any
tion of Government agencies. There IS a small h led e
group of orders applying to banking and cur- ' new s '
rency. More than 50 per cent of all the orders l Laws Vgsting Power in Executive
ie1Déc§l ?;e]g;1{r;E ,;1g\§€?€§§cin eiieeegrriem with i The current flood of executive orders derives
4 e y re e ` , authority chiefly from the Emergency Relief Ap-
s 5

 propriation Act of 1935, which is the law appro- contains a declaration of policy broad enough to
priating $4,880,000,000 for work relief and direct imply authorization of almost any proposal de-
relief. _ signed for the betterment of industrial conditions.
Considerably more than half of all the execu- To effectuate this policy the President is author-
tive orders issued by the present administration ized to establish such agencies and appoint such
are by authority of the National Industrial Re- officers and employees and fix their compensation A
covery Act. Since June 16, 1935, when the as he may find desirable. The President is
original NIRA expired, executive orders have further authorized to delegate any of his func-
been issued under the joint resolution continuing tions and powers under the Act to such officers
until April 1, 1936, sections of the law other than and employees.
those relating to codes which were held by the The President is authorized to prescribe such
Supreme Court to be invalid. rules and regulations as may be necessary to
Executive orders also have been based on other carry out the purposes of the Act. The penalty
laws, including several appropriation acts, the for violation includes a jail sentence as well as a
Emergency Railroad Transportation Act, the fine. It is provided that violation shall be pun-
Thomas Inflation Amendment of the Agricultural ishable by a fine of not to exceed $500 or im-
Adjustment Act, the Farm Credit Act of 1933, prisonment for not to exceed six months, or both.
the Reconstruction Finance Corporation Act and The joint resolution continuing the National
the Federal Emergency Relief Act of 1933. ‘ Industrial Recovery Act until April 1, 1936, re-
Authority delegated by the Congress in the Agri- peals provisions of Title I delegating power to
cultural Adjustment Act is vested chiefly in the the President to approve and enforce codes but
Secregary of Agriculture rather than in the , otherwise does not interfere with authority given
Presi ent. him.
The Work-Relief Act gives broad power to the Powers similar to those vested in the President
President to expend funds "to provide relief, by Title I of the National Industrial Recovery
work relief and to increase employment by pro- Act are delegated to him in Title II, relating to
viding for useful projects." While the law speci- public works, which has been continued for a
lies the types of projects for which money may period of two years.
be lused, it delegates authority to the Plrlesglent
wit respect to many matters on which t e on- . .
gress has been accustpmid to act. ThehPresident e Agenenee Created bY Exeeutlve Order
is authorized under t e ct to establis and pre- · ·
scribe] the_ duties and functions of necessary bI_g;)C%“; §§t}éXi§,§V1;rg 1§g§§§£ge2;de§;E2§tingI;g
neenedee nmdun eee eevennment-" He mey en- have been created by President Roosevelt by eo-
point without regard to the C1V1l Service laws an t· Order The list includes the National
unemdned numeen ed eedeene end emeduyeee end ee Tie Administration ooo even ooo outlines
en needn eemeeneeeden· He mee env end een o€°°oo hya ooo in the law· ooo ooee ooo include
real estate and exercise the right of eminent gh W if ricgtizuml Ad-usmgent Adminigcmtion
domain He may en Wage rates en pr·Oje°te’ lei h ies s ecificall riamed in the A ricultural
both Federal and state, for which the money is Xdjilstmentg Act mg; placgd under theesacremry
g§;?I3mIgI§t‘;‘§a$;&t;l1;1a€‘;_;e the euneneee ed lend end u or Agriculture. Among other statutory emer-
The President is authorized "to prescribe such   iigggeiigncgiligptA3§I§§g;g,&ggi,tl§1€F?Ii§;?g
rules and regulations as may be necessary to _ O ,L C t. d th Ram ad CO_
carry out this joint resolution and any willful " Zeer? eele, ,001}-ict? Elm ee 6 · O ·
violation of any such rule or regulation shall be I en me el" ef e' fe h e lilevt eggncles geméug
punishable by a fine of not to exceed $1,000. m eX1etenee> e en O t em evmgb eel}; ei eff.? e
Three laws under which legislative power is 4 by ethetewhlle eeme nnee been e. e IS e ‘ eee
delegated to the Executive are continued for j are POW about 30 nemeeenenee Independent ed
specified periods by the Work-Relief Act. These Cabtnet depattmentev nneluddne nneee eneneed
are Title II of the National Industrial Recovery epeeleeauy by Statute- _
Act, which is its public works section; the Fed- ' The mdepeftdent agenelee end bnenehee ef
eral Emergency Relief Act of 1933 and the existing agenelee and departments ereened by eX'
Civilian Conservation Corps Act. ecutive order, together with the laws on which ,
The original National Industrial Recovery Act the Orders are based, include the following:
5 7

 · - · - ___ · · - t- National Longshoremen’s Labor Board—National Indus-
Farr; cgregete Administration Legislative Appropria ron eleeef Releoveeer Aeetend eeent  eeumm to eeeceue
Emergency Conservation Work-Unemployment Re- C 3* ettur fer I5 P°1°y_t° I (ii, e, · T ,e_ R ,
het Aee omIit1ecie}eA<;t· eciproci y n orma 1on— ari ec1—
Office of National Parks, Buildings and Reservations in , ‘ , ,
the Department ofthe r¤terrm~—TieeSui~y and rest N¤¤¤e¤11§t¢€1L¤bje§t¤¤¤¤m1¤ Secumty-·N¤*¤¤¤¤1I¤<-*¤S*¤¤¤1
covery Act. . ‘ . . .
Exeeetive Ceueeii_Ueempieymeet Relief Aet and Ne_ National Labor Relat1ons_Board—Nat1onal Industrial
eieeei Ie deeeriel R e e eve ey Aet Recovery Act and Joint Resolution to effectuate
Petroleum Administration Board—National Industrial Indufgiggfréigeereezgg; °`éOtI1;n£It[e[;A‘NeeiOHe1 Industrial
Recovery Act. _ `
. . . · _ · _ Recovery Act.
DWIEES lgeegggiisiigse Homestcads N&*‘°”"‘l Indus National Resources Board (later established as National
Central Statistical Board—·National Industrial Recovery §e?;_l;,rc§ie SI3_i¤%£§1(;€1a§;I?tX°;&l Industrial Re'
A t. . ' ‘ .
Science Advisory Board under the National Research BOmgegglIE?;egei;(ir1;g§OSe(;l;(i§eeI`;;§1§0§§€l§';e%§t§:£
Council—General Authority. · .
Commodity Credit Corporation—Agricultural Adjust- TeX,£?e€g€;E)l;_&§§ {tether gm %°h(§.’ gf th? fl  1 R
ment Act, National Industrial Recovery Act, Fed- e 3 A te 1311%. .0211 E ai1t?.na gl usfgmt E'
eral Emergency Relief Act of 1933, Farm Credit gmthry thc ie fog; Niitieu mn O E ee ua 6
Act of 1933, Federal Farm Loan Act of 1916, Recon- 1 Net. ur 18; de ep? iceiec 6 B ‘d N t. 1 I d
struction Finance Corporation Act of 1932 and lslial Rn us me A eecovery Oar — a mlm H us'
Emergency Relief and Construction Act of 1932. W 01111% etecovglge ,19 'e.1 W k A . e B d
Federal Civil Works Administration—National Indus- O Neeigeeanietiueeeiglxégeevslgr Aeislgumem Oar S-
trial Recovery Act. . . ‘ ,
National Emergency Council—Agricu1tural Adjustment Fediigeelxieion InduStm€S’ Iuc'_F€d€m’1 PHSOH Indus`
Act, National Industrial Recovery Act, Federal ' .
Emergency Relief Act of 1933 and Work-Relief Act. gagemi rgeieldir BO&;d’ NO' lg Cintrabmd I? 11 Actj
Public Works Emergency Housing Corporation—Na- 6 em e re €um_ _g€D°Y* °‘ _C°Dt¥`a and e1lA¤t-
titmei Industrie] Recovery ACt_ Resettlement Admmistration—Work-Relief Act.
Federal Alcohol Control Administration—National In- DiVi§0;1 Of APP1ie&i7i0¤S wld I¤f0I`m&ti0¤—W0Yk·R€li€f
dustrial Recovery Act. e -
National Labor Board—National Industrial Recovery Advisory Committee on Allotments-Work-Relief Act.
Act. Works Progress Administration——Work-Relief Act.
Bitumilwus Coal L&b01‘ B0&Pd·-N&tl0D&l Industrial R6- Rural Electrification Administration——Work-Relief Act.
00_V€!’Y Act- _ _ _ Puerto Rico Reconstruction Administration—Work-Re-
Electric Home and Farm Author1ty—Nat1onal Industrial ]ief Act
Reeevery Act- N t` 1 Y th Ad ` `t .t` —W k-R l' f A t
EX¤fW¤Shi¤gt¤¤—N¤¤i¤¤a1I¤d¤¤*>ri¤»1 Aiviigiy ciilmeri rirmiiiiirirlliie N(ii.iA-it;Oiu§e¤ for
ecovery c . · ·
Second Export-Import Bank of Washington—Nationa1 extensmn Of NRA
Industrial RQGOVGFY Apt- _ Under authority vested in the Executive by the
Federal Employment Stabilization Office—Treasury and Legislative Apprepiietieii Act for the {ieee] year
Post Oflice Appropriation Act, 1934.
National Recovery Review Board—National Industrial 1933 as  mended by the- E°°“‘?“?Y ACF Of·1933’
Re e every Aet the President early in his administration issued
Special Adviser on Foreign Trade—National Industrial nearly 30 executive Orders tmmsfemimg functlqns
Recovery Act. and agencies of the Government. The authority
Executive COII1mittee on Commercial Policy——“By virtue e ` JDO Slllfll 2Lg€HC1€·S Wltll EL VIGW to 8, I‘€OI‘g8,I1lZ3,l1lOI1
of authority vested in me as President." on a more efficient basis was granted under the
Committee ton. Nationel Land Prob1ems——"Desirab1e and last administration and was so restricted as to
_ _11} Dubhc 1¤*¤_€1‘€§*¤- _ _ prohib1t_ an expansion of activities. Actions
Division ofTerr1tor1es and Island Possessions in Depart- _, under this eutheyity have met with eheye,] el -
ment of Inter1or——Treasu and Post Oflic A ’ · · g · p
eeeee Act 1934 ry e PP"°‘ proval. The consolidation of all agricultural
N P ’ . ‘ . . credit agencies, including the old Farm Board
ational Construction Planning and Adjustment Board · t · i d th · f t- ·t· ’
__Netieeei Industrie] Re e every Aete IH 0 a Slllg e agency an e groupmg 0 ac 1V1 16S
8 9

 relating to national parks were among the reorganizing the National Recovery Administra-
changes effected by this method. Nothing has tron- _ _ `_
been done along this line in recent months. The blanket _ executrve order continuing
agencies and activities created and commenced
Executive Orders Under Ender tlhe originstt National Industrial Recovery
wenenener net et rel ere rr tr ·
_ _ “WHnREAs Senate Joint Resolution 113. approved
Am0ng_th€ €X€OU·tlV€ 0I`d€Y`S gssued under the June 14, 1935, extends until April 1, 1936, the pro-
Work-Relief Act are the following; visions of Title I of the National Industrial Re-
Reestablishing the National Emergency Council. Covery art ae amended by earl Jerrt l’~eeel¤trer»
Establishing the Resettlement Administration. ard
Establishing the Division of Applications and Informa- "WHnRnAs the President has heretofore issued
tion, the Advisory Committee on Allotments and the various executive orders under and pursuant to the
Works Progress Administration. authority conferred upon him by the provisions of
Establishing the Rural Electriiication Administration. the said Title I, the effective period of which execu-
Establishing the National Resources Committee. tive orders is limited directly by the said orders or
Establishing the National Youth Administration. by the said Title I to June 16, 1935, and
Pr€S$;‘;)1;t{I;§`S IC;t€I`SGlliIltdpPg(§§;1iiS?;t1OnS for employment Of · th"WHER}aAS_   is ;`l€(£1€SS&I`Y   d€SlI‘BiEl€hi`,() malintain
Fixing rates of compensation of Government employees ti eertreritr O t 6 agtmmes esta tS.€t1’ t 8 re`
. . . uirements imposed and the other activities hereto-
in agencies established under the Act. gore authorized b ’ uch XGC t. d f
Prescribing rules and regulations relating to methods ` . ,5 t th thy S P u tvghml QI; ,;.9131 ag as
of prosecuting projects under the Act. , Conslsneg W1 B pmvlsmns O 8 Sm 1 6 ae
` Authorizing the Public Works Administration to perform amen 6 '
functions under the Work-Relief Act. "NoW, THEREFORE, by virtue of and pursuant to
Establishing the Puerto Rico Reconstruction Adminis- the authorityvested in me by Title I of the Na-
tration. tional Industrial Recovery Act (48 Stat. 195) as
Allocating funds for various purposes. amended and extended by Senate Joint Resolution
_ _ _ 113, approved June 14, 1935, it is hereby ordered
Many hundreds of additional executive orders that all existing executive orders heretofore issued
are expected to be issued under the Work-Relief under and by virtue of the authority vested in me
Act which remains in effect until June 30, 1937. by Title I of the National Industrial Recovery Act
be, and they are, hereby amended so as to continue
. . them in effect and to extend their operation, and
  Extenslon Resolutlon also to extend the authority and activities of any
- · · - agency created thereunder until April 1, 1936, so far
thUI§l€§ thgltgltét rESp1Fl§On for th;€§t€nS1OI€.Of as consistent with the provisions of the National
G 8* long H us tm BCOVBTY _ C execu {VB Industrial Recovery Act as amended and extended,
orders have _ba€}1 lSSu€d Ctmtmumg agencres subject, however, to any limitation, modification, or
created or act1V1t1es commenced by authority of cancelation the President may hereafter make by
the original laW. This was accomplished to a executive order: Provided, however, that this order
large extent through a single blanket order ap- shall not be constrned as an exerciee by the Presi-
proved       On June 15,     d€]1iZ of ally 3.t1l`»hOI`1l]y, OI` BS B,u·l`ihOI`1ZlDg any p€I'SOD.
separate orders issued was one continuing tem- gr aagncg aetrra under arttergr °°“t‘m"*d by the
nerarrlv the Natreral Later Relattere Beard péiitttin ’tZ° 355% ?§3°1iF§"t§t§$e°2$3t‘ft“`$i °§,’2.“i§
rename the enactment ef the separate learelatren (sees, or to are any other action net authorized by
perpetuating that agency; Other orders Provlded the provisions of the said Title I of the National In-
fOI‘ l`»h€ i'»€II1pOI`HiI°y €Xt€HS].OI]. of l]h€ SJDGGI and tex- ` dustrial Rgggvgyy Act as amgnd€d_"
tile labor boards. While these various labor _ _ _ _
boards had little power following the expiration r The €X€9ut1Y€_OI`d€Y_1“€OYganlZl¤3 the National
on June 16, 1935, of the joint resolution under " RBCOVQYY A9lm1mStl'atlOHiaPPTOV€d by the l?l`eS1·
which they Were created, then. continuance by dentuon June 15, 1935, authorizes the Administra-
executive order had the effect of keeping their tOl` to ·a]Q1OO1¤t, employ, dlseharge and fix the
employees on the payroll during the Several   compensation, define the duties, and direct the
weeks intervening before the enactment of the I Conduct cffsuch O1tllC§I`S_al}€t €lt{PlOy€€S as may he
Lobo,. Reletione Act. necessary or suc a. minis ra ton,. c
A separate executive order was issued abolish- The “O1`d€Y Qstabllshes a Drvreron of R€VleW
ing the National Industrial Recovery Board and Whrch shall aseernhle, analyze, and I`€POl‘t UPON
10 11

 the statistical information and records of expe- The functions and duties of the Resettlement
rience ofthe operations of the various trades and Administration are prescribed in the executive
industries heretofore sulflject to codes of fair com- order as folloWsZ
petition, shall study t e effects of such codes e - . - - ·
upon trade, industrial e¤d labor ednditidne id I-esettle;eh?deimasestit{itepreleietieeeetiemaiiiiai
general, and ether related matters, Shell make from rural and urban areas including the establish-
A available for the protection and promotion of the ment, maintenance, and opieration, in such connec-
public interest an adequate review of the effects tion, of communities in rural and suburban areas.
of the administration of Title I of the National atb) To loltloto ood oolmloistol. o program of oo_
Industrial Reeevety Aet: and the principles and proved projects with respect to soil erosion, stream
policies put into effect thereunder, and shall pollution, seacoast erosion, reforestation, forestation,
otherwise aid the President in carrying out his and flood control.
tlllletlells lllldell the selld Tltlen “(c) To make loans as authorized under the said
The order also establishes a Division of Busi- Emergency Relief Appropriation Act of 1935 to
ness Cooperation, the function of which shall be Hnance, in whole or in part, the purchase of farm
“to aid in the voluntary maintenance by trade lands and necessary equipment by farmers, farm
and industridl groups of standards of fair com- tenants, croppers, or farm laborers."
petition, in t e e imination of unfair competition . .
in the employment of labor or in trade practices, l lll the elieelltlve elidel the Pllesldellt delegetes
and in maintaining sources of information and   te the Adlllllllstleeter ef tlle Resettlement {ldllllll'
records of experience useful in the work of the   lsttetlell pewels gtellted lll the Wel`le'Rellel set
Division of Review, and to otherwise assist in s Alllellg tllese peweles. tile the lllgllt te ll·PP9lllt
elefeetuetlhg, so fer as possllole, the policies of the without regard to Civil Service laws an unlimited
National Industrial Recovery Act as amended." Humber et ellleels elld elllpleyees> te fix tllelll
The order directs the Administrator to “pro- eelllpellse*tlell.Wltlledt llegeilld te the Clttellltttltll
eeed forthwith to reduee as rapidly as possllole Act, to prescribe their duties, responsibilities and
the number of persons now employed in the ad- telllltev te tlly Supplies alld eqllllelllelltz te ellew
ministration of Title I of the National Industrial tllevel. eXpellses> te pay llelltel let blllldlllgs lll
Recovery Act to the rluruher necessary to loer_ Washingtonland elsewhere, to purchase, operate
form the duties of such Administration as herein, and lllellltelll ltlltemeblles elld te melee etllel
or hereafter, prescribed, and in so doing he shall €XP€ll‘lltlll`eS·. . .
make proper provision for the allowance of ac- The exeelltlve elldele else elves elltlletlty te the
l cumulated leave for employees entitled thereto, Adlllllllstleltel te eedllllie* by pllllellese Ol by the
facilitate the transfer of employees whose serv- newer et tllllllent ‘l°mtlll> ally lleel pliepelty elld
icgs may be desired by ether agencies or depdrt_ to rmprove, grant,.sell, lease or otherw1se dispose
ments of the Government, and protect the con- ef lt· . . .
tinuity of the administration for its future use- lll seeleelllllg lll the Wel`k`Rellef eet let
fulness in effectuating the policies and purposes epeellle elltllelllty. fell the type et tltletts ell'
of Title I of the National Industrial Recovery trusted, by exeetltlve el`del` te tlle Reeettlemeet
Act as emendedy Administration one finds only a generlll authcluril
The order also establishes eh Advisor COl1I10il Zetiee te the President te dreW.<>¤ t e ttm e
in aid of the National Recovery Admineistration, $4:880:000:eOe ell"- erder te plevlde tellelv Yvetk
» relief and to increase endploymlent byllprovidmd
. . . for useful projects" toget er wit an a ocation o
Resettlement Admlldlstrdtloll the money in bgeneral telrms. The allollathclns
A hasn gf the Wm-kqeljef r · which are the asis for t e creation o t e e-
promezes to attract much attehiiogettiltliinlghltle ~ Settlement Admiltietfetien include $50O»00P»00O
ggming months js that assigned to the Resettle_ l for_"rural rehabilitation and relief in stricken
ment Administration. This agency is one of l aglleultlllal e‘l`ee‘s> dlld ltietell eellse.l`Vel’lell’ tl“llS‘
those created by executive order. Its Adminis- llletllltalll lttatel dlvelslell elld ll`l`l§ttl°?ll red
trator is Rexford G. Tugwell, Under Secretary of   l`eelallle.tlell elld eeee’eee’eee fee eemtel’lee’
Agriculture, but it is entirely independent of the Plevtlltltn et sell el`eslell’ preventlee ef Streem
Department Of AgI~jcu]tm-e_ It Wee ereuted by pollut1on,_seacoast erosion, reforestation, flood
Executive Order No. 7027, approved by President elllltlelr l`lVtl`S elld llellbelis elle leleeelleeeeue
Roosevelt On April 3Q, ]g35_ pro_lects." Not all of the projects as listed 1n these
12 13

 allOcatlO11S are assigned to the Resettlement Ad- The rural eleetrifioation program threatens an
ministration, those assigned elsewhere including aetive eernpetitien by the Government with the
irrigation and reclamation and river and harbor private utility industry_ No rules are laid down
improvement. ‘ either by law or in the executive order to control
Neither in the law nor in the executive order or restriet this new governmental aetivity_
can much information be obtained as to hthlel
policy to be pursued on countless matters w ic _ · ·
might properly call for the judgment of the Con- Other W°*k Rchef Agcncles
gress in specific legislation. It was announced on Executive Order No. 7034, approved by the
July 13 that the President had tentatively as- President on May 6, 1935, sets up three agencies
signed $91,000,000 to the Resettlement Admin- for the general supervision of the work-relief
istration for a nation-wide program of rural re- program. One is the Division of Applications
habilitation and relief in stricken agricultural and Information of the National Emergency
areas, and that it was contemplated to rehabili— Council. Another is the Advisory Committee on
tate 300,000 farm families and to transfer 50,000 Allotments. The third is the Works Progress
families to better land. The same announcement Administration.
told of plans for financing these farm families, There is no suggestion of any of these agencies
for the purchase or lease of land upon which to in the Work-Relief Act. The executive order
locate them and for the establishment, mainte— ' provides that the Division of Applications and
nance and operation of "agricultural-industrial Information shall receive all applications for
communities." projects and after examination transmit them
The extent to which governmental establish- r to the Advisory Committee on Allotments which
ment and operation of these communities may in turn will make recommendations to the Presi-
savor of Socialism has not been fully developed. dent. To the Works Progress Administration is
In its broad outlines the program tends strongly assigned the task of executing the work-relief
in this direction. program.
Within such amounts as may be allotted by
Rural Eleetrifigation Administration the President, the three agencies are authorized
_ ' to appoint oflicers and employees and make other
Executive Order No. 7037, approved by the eXr,errdrtures_
Preeideet ee Mer l1, 1935, eetebliehee en ieee- The National Emergency Council, under which
1ee¤<1e¤*¤ eeeeesi deelseeted ee the R¤re1E1eee¤- is located the Division cf Applications and In-
fication Administration. The WOYk-R€l1€I Act fermetrr-mt Wes ereeted erjgrrrajjy by an exeeu-
allocates $100,000,000 for rural electrification. tive Order based err three different jaws, the
Th? €X€Out1Y€ OI`d€¥` Pmscilbes the duties end National Industrial Recovery Act, the Agricul-
functions of this administration as follows: ture} Adjustment Aet and the F€d€ral1Em€rg€nCy
“To ini