Executive Order 10102—Transfer of Certain Business Operations, Facilities and Appurtenances from the Panama Canal to the Panama Railroad Company

By virtue of the authority vested in me by section 51 of title 2 of the Canal Zone Code, as amended by section 2 of the act of August 12, 1949, 63 Stat. 600 (Public Law 223, 81st Congress), it is ordered as follows:

SECTION 1. The following-described buildings in the Canal Zone, now owned by The Panama Canal but utilized by the Panama Railroad Company in its commissary and harbor-terminals operations, are hereby transferred to the Panama Railroad Company:

(a) Commissary Annex, Ancon.

(b) Commissary, Madden Dam.

(c) Commissary, Diablo Heights.

(d) Combination Storehouse, Cristobal.

SEC. 2. The following-described docks and piers in the Canal Zone, now owned by The Panama Canal but operated by the Panama Railroad Company, are hereby transferred to the Panama Railroad Company:

(a) At the Atlantic terminal: Piers Nos. 6 and 16, and Mindi Dock.

(b) At the Pacific terminal: Docks Nos. 6 and 7, and Pier 18.

SEC. 3. Dock No. 16 and the north half of Dock No. 15, at the Pacific terminal, shall remain the property of The Panama Canal but shall continue to be operated by the Panama Railroad Company. As the sole consideration for the occupancy and use of the docks referred to in this section, the Panama Railroad Company is hereby obligated to maintain and repair such docks.

SEC. 4. All such coal-handling facilities, structures and appurtenances at Cristobal, Canal Zone, as are owned by The Panama Canal and form a part of the Cristobal Coaling Plant (the plant as a whole being operated by the Panama Railroad Company but owned in part by The Panama Canal and in part by the Panama Railroad Company) are hereby transferred to the Panama Railroad Company.

SEC. 5. The railroad roundhouses and car shops, together with appurtenant structures and facilities, in the Canal Zone, devoted to the maintenance and repair of railroad locomotives and cars and heretofore maintained and operated by The Panama Canal, shall hereafter be maintained and operated by the Panama Railroad Company; and there are hereby transferred to the Panama Railroad Company all of the personnel, property (with the exception of Cristobal Roundhouse which is now owned by the Panama Railroad Company), records, related assets, contracts, obligations, and liabilities of or appertaining to the property required by this section to be hereafter maintained and operated by the Panama Railroad Company.

SEC. 6. With the exception of the oil-storage tanks owned by The Panama Canal, the pipe lines connecting such tanks with the manifolds and the distribution lines from such tanks, which facilities are used predominantly for governmental, rather than commercial, purposes, all of the oil-handling facilities heretofore maintained and operated by The Panama Canal in the Canal Zone shall hereafter be maintained and operated by the Panama Railroad Company; and there are hereby transferred to the Panama Railroad Company all of the personnel, property, records, related assets, contracts, obligations, and liabilities of or appertaining to the facilities required by this section to be hereafter maintained and operated by the Panama Railroad Company.

SEC. 7. The printing plant at Mount Hope, Canal Zone, known as the Panama Canal Press, now owned in part by The Panama Canal and in part by the Panama Railroad Company (the latter owning the building and certain of the equipment), and heretofore maintained and operated by The Panama Canal, shall hereafter be maintained and operated by the Panama Railroad Company; and there are hereby transferred to the Panama Railroad Company all of the personnel, property (so far as not already owned by the Panama Railroad Company), records, related assets, contracts, obligations, and liabilities of or appertaining to such printing plant: Provided, however, that such transfer shall not include the printing supplies and materials on hand at the time of the transfer.

SEC. 8. The gasoline service stations heretofore established, maintained, and operated by The Panama Canal in the Canal Zone shall hereafter be maintained and operated by the Panama Railroad Company; and there are hereby transferred to the Panama Railroad Company all of the personnel, property, records, related assets, contracts, obligations, and liabilities of or appertaining to such facilities.

SEC. 9. The transfer from The Panama Canal to the Panama Railroad Company of personnel, property, records, related assets, contracts, obligations, and liabilities accomplished by this order shall, as provided by law, be deemed to have been accepted and assumed by the Panama Railroad Company without the necessity of any act or acts on the part of the said Company except as otherwise stipulated in the provisions of law applicable to the said Company, including the provisions of section 246 of title 2 of the Canal Zone Code, as added by section 2 of the act of June 29, 1948, 62 Stat. 1076, relative to adjustments of the investment of the United States in the said Company.

SEC. 10. Executive Order No. 7021 of April 19, 1935, authorizing the Governor of The Panama Canal to arrange for the operation by the Panama Railroad Company of Panama Canal piers, and Executive Order No. 9479 of September 6, 1944, amending that order, are hereby revoked.

SEC. 11. The foregoing provisions of this order shall take effect on July 1, 1950, except that section 5 and section 9 so far as it relates to section 5 shall become effective on February 1, 1950.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 31, 1950