Executive Order 9819—Appointment of the Members and Alternate Member of a Miltiary Tribunal Established for the Trial and Punsihment of Major War Criminals in Germany

By the virtue of the authority vested in me by the Constitute and the statues, and as President of the United States and Commander in Chief of the Army and Navy of the United States, it is ordered as follows: 1. I hereby designate Fitzroy Donald Philips, Judge of the Superior Court of the Sate of North Carolina, Robert Morrell Toms, Judge of the Third Judicial Circuit Court, Detroit Michigan and Captain Michael A. Musmanno, (S), USNR, O86622, as the members, and John Joshua Speight as the alternate member, of one of the several military tribunals established by the Military Governor of the United States Zone of Occupation within Germany pursuant to the quadripartite agreement of the Control Council for Germany, enacted December 20, 1945, as Control Council Law No. 10, and pursuant to the articles 10 and 11 of the Charter of the International Military Tribunal, which Tribunal was established by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, for the trial and punishment of major war criminals of the European Axis. Such members and alternate member may, at the direction of the Military Governor of the United States Zone of Occupation, serve on any of the several military tribunals above mentioned. 2. The functions of these Tribunals being essentially military, Captain Musmanno will, during the tenure of this assignment, be subject to War Department orders, through the Commanding General of the European Theater, and will retain his status as an officer on the active list of the United States Naval Reserve. 3. The members and the alternate member herein designated shall receive such compensation and allowances for expenses as may be determined by the Secretary of War and as may be payable from appropriations or funds available to the War Department for such purposes, except that Captain Musmanno shall receive such compensation and allowances for expenses to which he may be entitled by reason of his military rank and service as may be payable from appropriations or funds available to the Navy Department for such purposes. 4. The Secretary of State, the Secretary of War, the Attorney General, and the Secretary of the Navy are authorized to provide appropriate assistance to the members and the alternate member herein designated in the performance of their duties and may assign or detail such personnel under their respective jurisdictions, including members of the armed forces, as may be requested for the purpose. Personnel so assigned or detailed shall receive such compensation and allowances for expenses as may be determined by the Secretary of Ward and as may be payable from appropriations or funds available to the War Department for such purposes, except that personnel assigned or detailed from the Navy Department shall receive such compensation and allowances for expenses to which they may be entitled by reason of their military rank and service and as may be payable from appropriations or funds available to the Navy Department for such purposes. HARRY S. TRUMAN THE WHITE HOUSE, January 10, 1947