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Show 6 AQUEDUCT NEAR SAN DIEGO, CALIF. and supplies of which there is a shortage), and to amend or supplement such existing contracts, as he may deem necessary to carry out the purposes specified in this section * * *. "(b) The Secretary of War is further authorized, with or without advertising,, to provide for the operation and maintenance of any plants, buildings, facilities, utilities, and appurtenances thereto constructed pursuant to the authorizations contained in this section and section 5, either by means of Government personnel or through the agency of selected qualified commercial manufacturers under contracts entered into with them, and, when he deems it necessary in the interest of the national defense, to lease, sell, or otherwise dispose of, any such plants, buildings, facilities, utilities, appurtenances thereto, and land, under such terms and conditions as he may deem advisable, and without regard to the provisions of section 321 of the Act of June 30, 1932." Thus, the prime question very simply is whether the provisions of law cited in the Secretary's letter do, in fact, provide authority for the construction of the San Diego aqueduct, the cost of which is to be charged principally-in the first instance at least-to appropriated funds of the Navy Department. Under title I of the First War Powers Act, 1941 (55 Stat. 838), the President was authorized to redistribute functions among the executive agencies and to transfer any duties or powers from one existing department to another. As pointed out by the Secretary of the Navy, the President, pursuant to the authority so conferred, issued Executive Order No. 9262, dated November 5, 1942, whereby the Secretary of the Navy was authorized to perform and exercise, on behalf of the Navy Department, the same functions, powers, and duties as were authorized to be performed and exercised by the Secretary of War. on behalf of the War Department, by the provisions of subsections (a) and (b) of section 1 of the act of July 2, 1940. Subsection (a) of said section 1 provides, in pertinent part, that, in order to expedite the building up of the national defense, the Secretary of War is authorized, out of moneys appropriated for the War Department for national defense purposes, to construct, at military posts, stations, and other localities, facilities for the development,, manufacture, maintenance, and storage of military equipment and supplies and for shelter, under such conditions as he may deem necessary. Subsection (b) authorizes the Secretary of War to provide for the operation and maintenance of any such facilities, and, when he deems it necessary in the interest of the national defense, to lease, sell or otherwise dispose of any such facilities under such terms and conditions as he may deem advisable. While, admittedly, the Congress gave the President broad powers in respect to the transfer of functions among agencies during the war emergency, it did retain, by an express provision, its control over the funds to be used in the performance of such functions. Thus, section 3, title I, of the said First War Powers Act, 1941, provides: That for the purpose of carrying out the provisions of this title, any moneys heretofore and hereafter appropriated for the use of any executive department, commission, bureau, agency, governmental corporation, office, or officer shall be expended only for the purposes for which it was appropriated under the direction of such other agency as may be directed by the President hereunder to perform and execute said functions, except to the extent hereafter authorized by the Congress in appropriation acts or otherwise. Said section 3 can have but one meaning. Its terms are clear and unambiguous. It restricts the extent to which the expenditure of appropriated moneys is to be affected by a transfer of functions under |
