The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
195
October 28, 1940
10:50 a.m.
H.M.Jr:
Hello.
Operator:
Wayne Taylor.
H.M.Jr:
Hello.
Wayne
Taylor:
Hello, Henry.
H.M.Jr:
How are you?
T:
I'm fine and I just wanted to tell you how
deeply I appreciated your note to me. It
was the nicest thing that happened to me.
H.M.Jr:
Good.
T:
Yeah.
H.M.Jr:
Well, I hope to see you soon, Wayne.
T:
Well, BO do I. I've got a lot of things
I'd like to tell you about. Some of them
are specific and some of them general. Well,
any time that's good for you I think would
probably be good for me.
H.M.Jr:
Well, either Tuesday or Wednesday. Do you
want to say now?
T:
Ah, let's see. Either one is all right for
me.
H.M.Jr:
Well, I think - how's Wednesday at 11 o'clock?
T:
Wednesday at 11 would be fine.
H.M.Jr:
O. K., Wayne.
T:
I'11 be around then.
H.M.Jr:
Glad to see you.
T:
Thank you, Henry.
H.M.Jr:
Good-bye.
196
PLAIN
AS
London
Dated October 28, 1940
Rec'd 10:51 a.m.
Secretary of State,
Washington.
3547, October 28.
FOR TREASURY.
By two vesting orders announced today the
British Treasury acquires SOME sixty Canadian Rail-
way and Industrial dollar securities and the 4 per
cent consolidated debenture (sterling) stool and the
Grand Trunk Railway, the latter representing OVER
pounds 24 million.
Of interest is the arrangement for optional payment in sterling, in 212 per cent "on tap" national war
bonds of pounds 100 (pounds 25 in the CASE of the post
office issue of these bonds) or upwards in multiples of
a penny, or in 3 per cent baby defense bonds in multiples
of pounds 5 (the personal holding limit on baby bonds of
pounds 1,000 being maintained). Payment will be made
not before November 26, the prices for each security being quoted in the orders and being described as "in the
opinion
197
AS-2- No.3547, Oct.28, from London.
opinion of the Treasury not less than the market values
of the securities on the date of the order (October 26)".
The prices include gross accrued interest calculated to
October 26 in the CASE of bonds, allowance being made for
the fact that one month Elapses between the date of the
order and the payment. The Grand Trunk sterling issue,
however, is priord specifically at pounds 104. 4s. 5d. for
pounds 100 stock.
As reported in the Embassy's Nos.1713 of June 18,
6 p.m., 2287 of July 19 and 3281 of October 1, most of these
securities are physically in Montreal though BOME private
holdings remain here. The sixty dollar securities comprise
a wide list with two notable EXCEPTIONS, namely, International Nickel and Canadian Pacific common, in which the
market hopes dealings will be resumed shortly in London.
It will be remembered that the two previous British
Treasury acquisitions of Canadian securities WEIE made in
connection with redemptions of sterling securities as TEported in the Embassy's 2060, October 16, 7 p.m. (1939)
and 1670 of June 15 (1940).
JOHNSON
TRV
198
TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION
DATE October 28, 1940
Secretary Morgenthau
FROM
Mr. Cochran
STRICTLY CONFIDENTIAL
Mr. Pinsent telephoned me this noon to the effect that the British Government
vas today announcing the vesting in it of title to 60 Canadian dollar securities, and
also one sterling issue (Grand Trunk). These securities are to be sold in Canada.
To date the British Government had vested title in only two securities, which the
Canadian Government had undertaken to redeem. There have been some private sales
under permit. The British Government had asked Mr. Pinsent to inform Secretary
Morgenthau of this operation without delay.
mm.
199
CONFIDENTIAL
copy to
m young
10/31/20
WD 400.3295 (9-4-40)M-B
OCT 28 1940,
The Honorable,
The Secretary of State.
Dear Mr. Secretary:
This is in reply to your letter of September 4, 1940,
enclosing copy of letter of August 27, 1940, from the Minister
of the Netherlands relative to the desire of the Netherlands
Indies Government to purchase United States Army light tanks.
The War and the Navy Departments object on the ground
of military secrecy in its relation to the national defense to
the export sale of Arway type M2A4 light tanks at the present time.
However, the Departments have no objection to the institution of
nagotiations with a view to later release of these tanks to the
Netherlands Indies Government.
It is requested that the Minister of the Netherlands
be informed that an authorised representative of his Government
should contact the Clearance Committee, Army and Navy Munitions
Board, Munitions Building, which will conduct the necessary
negotiations.
Sincerely yours,
HENRY L. STIMBON
Secretary of War.
CONFIDENTIAL
Copy for Secretary of Treasury
200
SECRETARY OF STATE
DEPARTMENT OF STATE
WASHINGTON
In reply refer to
October 28, 1940
EA 892.515/1122
The Secretary of State presents his compliments to
the Honorable the Secretary of the Treasury, and encloses
herewith copies of the paraphrase of a telegram, dated
October 26, 1940, received from the American Legation at
Bangkok relating to Thailand gold in the United States.
Enclosure:
From Bangkok,
No. 140,
October 26, 1940.
It
201
PARAPHRASE OF TELEGRAM RECEIVED
FROM: American Legation, Bangkok, Thailand (Siam)
DATE: October 26, 1940, 2 p.m.
NO. : 140
The British Minister informe me, in the strictest
confidence, that the Thai Government has communicated a
request to the Thai Minister at Washington to explore the
matter of getting out of the United States Thailand's
9,000,000 dollars in gold as well as the possible acquisi-
tion of more gold for export to Thailand. It is believed
by the British Minister that this effort is connected with
the designs in Indochina which are contemplated by Thailand.
He stated that Thailand has 10,000,000 pounds in London which,
except in sterling areas, they are unable to use.
GRANT
EA:VCL
202
STRICTLY CONFIDENTIAL
ALLISON SHIPMENTS
:
British
Army
Navy
Total
Sept.: Sept. 29: Oct. : Oct. : Oct.
1-28 : -Oct. 5 : 6-12 :13-19 :20-26 :
164
56
1
221
43
6
-
67
52
37
363
9
11
88
-
-
6
-
Total
1
49
Office of the Secretary of the Treasury,
Division of Research and Statistics.
73
61
48
452
October 28, 1940.
203
TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION
DATE October 28, 1940
Secretary Morgenthau
Mr. Cochran
FROM
STRICTLY CONFIDENTIAL
In accordance with the instructions which you gave me by telephone from New York
last night, I called at Secretary Hull's office this morning at 9:30 and spent one
hour looking over the cablegrams which had reached the Department of State over the
weekend.
A message filed at Athens by American Minister MacVeagh at 3:50 this morning
reported that an ultimatum had been handed to the Greek Government by the Italian
Minister at 3:00 a.m. While the specific terms were not known, it was understood
that Italy was demanding strategic points in Greece. The Greek Government was con-
ferring with the British Legation and a refusal to meet the terms of the ultimatum
was anticipated. (On the ticker it is reported that at the end of the three-hour
period of the ultimatum, Italy attacked Greece this morning and has bombed Patras).
After returning from Secretary Hull's outer office, I received a telephone call from
Mr. Livesey at 10:58 this morning. Livesey stated that Dr. Feis had told him to
telephone the Treasury to the effect that Secretary Hull would like to stop the rumor
HOW current in regard to our blocking of Greek funds. When I saw Secretary Morgenthau
at 11:10 this morning I gave him this message. In answer to the Secretary's inquiry.
the date on which the Treasury Group, headed by the Secretary, last discussed with
the Department of State the question of extending the area of foreign exchange con-
trols, raised in Secretary Hull's letter of October 2, was October 8. Messrs. Berle and
Grady had come to Secretary Morgenthau's office at 10 a.m. October 1. to bring up this
question
At the above hour, I told Secretary Morgenthau that Secretary Hull was to
receive the Hungarian Minister at 11:00 this morning. In this connection, the
Hungarian Minister telephoned me Saturday requesting the Treasury's decision with
respect to the Hungarian proposal for our Stabilization Fund to extend a credit. The
cablegrams which I read at the State Department this morning definitely reported
that German troop trains had crossed Hungarian territory.
Cablegrams from Matthews at Vichy indicated that Laval had taken only his physician with him when he went to his meeting with Hitler, and that the other members of
the Government knew nothing of the subjects to be discussed. Baudoin, as Foreign
Kinister, had resented his own exclusion very much from the meeting. After the
subsequent meeting of Petain with Hitler it was reported (upon information obtained
by Ralph Heinzen, the Vichy reporter for I.N.S. who is close to Laval) that Laval
forced him in custody at Chazeron to attend the
and the unanimous vote approving
Cabinet
Baudoin,
meeting
threat intoofresign
placingfrom
Petain's
joint
with
Hitler;
Baudoin
wasunder
them join
permitted
head
of communique
the Foreign Office,
but retaining the title of Minister of State at the Presidency. Laval himself will
apparently take charge of foreign affairs, but it is not known who is to be his
immediate assistant.
Matthews delivered personally to Petain the message from this Government remind-
ing Petain of the promise the French had given us not to put their fleet at the
204
-
disposal of Germany, and warning that if this is done we will not undertake to help
retain her overseas possessions in any settlement. Matthews found Petain
of America. sent
this same message delivered to him, but it had been softened
France quite fatigued, but which still Mr. wanting Welles to had be the friend Henri-Haye had
somewhat in transmission to Petain. Jules Henry, Rochat and some of the other
Foreign Office associates whom Matthews saw when calling on Petain, seemed to think
that the United States was too much concerned over the problem of the fleet; they do
not anticipate it being used against Britain.
From the cables it appears, however, that no one other than Laval seems to know
the specific terms of the understanding to which Petain has agreed with Hitler.
Among the possible terms the following were listed: (1) Use of French fleet by
iris (or use of naval-air bases with the French to use the fleet "to protect France");
(2) Italy to receive Tunisia, Corsica (1). and part of Algeria; (3) Germany to receive
most of Morocco, including Dakar: (4) Spain to get part of Algeria; (5) Japan to
receive Indo China, but the rest of overseas French possessions remaining to France;
(6) Alsace to go to Germany, but part of Lorraine to remain French; (7) the Axis to
have use of the French Foreign Legion and Near Eastern troops.
One of our military attaches calculated at 1,375 the airplanes still in possession
of the French. There are several French war vessels in the port of Casa Blanca and
some native troops are being transported from there to Dakar. There is no evidence of
German fliers arriving at Dakar.
With reference to the possible freezing of Greek assets in the United States,
the following tabulation shows the amounts held by the Federal Reserve Bank at New York
at the close of business on Saturday. October 26, by the Central Banks of Greece and
Turkey:
Balance
Gold
Greece
Turkey
$ 8,659,000
$ 4,975,000
4,677,000
6,706,000
4,500
Common Stock
Totals
$15,369,500
KMR.
-
$ 9,652,000
205
COPY
Buenos Aires, October 28, 1940.
No. 1461
Subject: ARGENTINE ECONOMIC POLICY; BRAZILIAN AGREEMENT
1. The pending trade agreement between Argentina and Brazil evidences
conflicting aims.
2. Possibility of discrimination against American interests arising from
exclusive concessions.
3. Attitude of Minister of Finance; other elements in the Government.
4. Motives of various groups in negotiating the present and similar
agreements.
Strictly Confidential
The Honorable
The Secretary of State,
Washington.
Sir:
I have the honor, in compliance with the Department's telegram no. 244 of
October 19. 3 p.m., to submit the following discussion of Argentina's economic
policy with particular reference to the possibility of discrimination against
American interests as a result of the exclusive concessions granted to other
countries by Argentine in trade agreements such as that contemplated in the
accord between the Ministers of Finance of Argentina and Brazil signed at Rio
de Janeiro on October 6, 1940.
It is difficult to divine and clarify the motives that underlie the
pending agreement with Brazil for the reason that there are opposing forces
in the Government itself, which may account for certain apparent inconsistencies,
such as the forthright provision in Article II for bilateral balancing which
must envisage a managed commerce on the one hand and provisions looking to the
liberalization of trade in Articles I, III and VI on the other.
It appears moreover that the concessions granted are not to be generalized
to third countries in the absence of similar agreements with such countries,
and that the Argentines still have in mind the possibility of special treatment
to be reserved for contiguous countries, a policy that came up for discussion
during the trade agreement negotiations with the United States last year.
206
-2The preliminary memorandum prepared by the Minister of Finance submitted
an enclosure to despatch 1336 of October 2, 1940 referred to the chronic
unfavorable balance of Brazil's trade with Argentina, recognized the need of
measures to rectify the situation, foreshadowed the possibility of establishing
a free economic zone on the basis of a reasonable compensation between exports
imports to be followed by reciprocal tariff concessions "within the zone
of free interchange", and stated that there are powerful reasons why adjoining
countries should make each other special concessions not granted third countries.
It continued however that if the bilateral character of the proposed agreement
as
and
should prove a hindrance nothing would impede Argentina from opening the agreement
to third countries or to the whole continent. In any event concessions would
be exclusively for the agreement countries in a limited form of customs union
involving compensation arrangements, which were characterized as persuasive
instruments having great psychological value.
Thus the ideas of the Minister of Finance with respect to the encouragement
of commerce with the American countries and the lowering of barriers are in-
extricably interwoven with provisions that intrench the principles of bilateral
balancing, managed economy, and preferential treatment of favored countries which
have characterized Argentine policy for the past eight years. It is believed
therefore that there is a very real danger that such agreements as those contemplated may well work out to the disadvantage of American interests and policies,
even if Dr. Pinedo is entirely sincere in saying as he does that such is not his
intention.
Whereas the present Minister of Finance was largely responsible for the inauguration of the existing system of exchange control in this country, he has
repeatedly expressed himself as genuinely desirous of placing Argentine-American
trade relations on a better footing.
Ambassador Caffery reports that the Brazilian Minister of Foreign Affairs
stated that in his opinion Dr. Pinedo was more genuinely friendly toward the
United States than any Argentine official he had met.
It is believed that an influential group of the Minister's associates are
convinced that only by adhering to a strictly bilateral balancing policy and
an absolute control of exchange and of imports and exports can Argentina be
saved from disaster, and that they are determined not to let anything diminish
in the slightest degree the powers they wield.
Whereas the individual members of this group have professed agreement in
theory with the multilateral trade policy of the United States, they are
completely defeatist with respect to its chances of success, and it is considered
significant that the commitments made in recent years including the Brazilian
accord have served to involve Argentina more deeply in its system of bilateral
agreements based on the principle of compensation trade and preferential treatment
of certain countries.
207
-3Dr. Pinedo is wholeheartedly and outspokenly pro-democratic in his views,
he favors American solidarity, and would like to have to his credit constructive
accomplishments improving Argentine-American relations. He is hampered by the
factors already discussed and the habits of thought here with regard to the United
States, but he stated before his appointment that he would only accept the Finance
portfolio on the condition that he should be given a free hand in carrying out
his ideas, and he has indicated on more than one occasion that he is prepared to
brave political criticism to get results. He thinks rapidly, is extremely ener-
getic and is capable of quick decisions, but at the same time he is quick-tempered
and impatient. He is easily irritated by delay, and as will be seen from the
enclosed memorandum he is at present extremely disappointed over having been unable
to conclude some definite arrangements during Mr. Pierson's recent visit to Buenos
Aires. It is believed that his impatience is due in part to his wish to get re-
sulte quickly, and that another factor may be a feeling of uncertainty with respect
to his tenure of office, since it is reported that President Ortiz is determined
to resume power, possibly within a few months, and that in such an event Dr. Pinedo
would not be apt to remain in office. In any case he is reported as feeling that
opportunities are being lost for both countries while time is passing, lessening
his chances of realising what is believed to be a very genuine ambition on his
part, viz. the reaching of a mutually satisfactory accord with the United States.
The chief interest of the politically potent agricultural interests in the
Brazilian accord is the provision designed to safeguard the market in Brazil
for Argentine wheat, and the principal political opposition comes from domestic
manufacturers who feel their business may be adversely affected by the concessions
granted. The remainder of the draft agreement is largely an expression of policy
relating to the future and represents an attempt by the Minister of Finance to
give expression to some of his ideas for the liberalisation of trade within the
framework of Argentina's existing system. Some see in this agreement the first
step toward creating an economic bloc comprising Brazil, Chile, Bolivia and the
River Plate countries under the hegemony of Argentina, to be effected by means
of bilateral agreements. Dr. Pinedo has been at some pains to declare that this
is decidedly not his object, but unfortunately such a plan has a strong appeal to
Argentine pride and prejudice, it fits in with the objectives and ambitions of
the group referred to above, and is certain to receive the support of pro-totalitarian influences.
Reference is made in this connection to a plan discussed some time ago for
a regional economic conference of representatives from this group of countries.
It was to have been held in October but was postponed until the beginning of
next year. According to articles in the press the conference was called
for the purpose of considering inter alia a preferential economic regime for the
countries bordering on the La Plata River which would grant each other benefits,
Note (1): See despatch no. 1366 of October 9, 1940 and the special fortnightly
report no. 195 of October 8, 1940 by Vice Consul William F. Busser.
208
-4
including "exchange privileges", not to be generalized to other nations. As
already intimated there is little question but that the idea of creating a
special zone of economic influence with Argentina the leading participant would
have & strong appeal and that plans of this nature unfortunately are attractive
to many elements in the Government as well as the public, which explains in part
the political hazard run by officials who wish to improve relations with the
United States.
Dr. Walter P. Schuck stated in a recent issue of his "Argentine Financial
Service" (October 25, 1940) that the same section of opinion that regards
Argentine rearmament as unnecessary insists upon what they regard as economic
rearmament through the formation of a South American triangle-bloc comprising
the countries named above. After referring to the futility of similar blocs
in Europe in the face of the totalitarian advance, Dr. Schuck says that the
proponents of this plan urge that such a bloc would be in a position to deal
more efficiently in foreign commerce than an individual country would, the
implication being that the bloc might be used against a totalitarian Europe,
the British Empire or the United States. The program would call for the reduction of the difficulties of war economy through cooperation between the member
nations and confront the victor of the European war with a group that could not
be intimidated by economic pressure.
In conclusion it may be stated that Dr. Pinedo wishes to give Argentine
economic policy a new orientation, and says that the improvement of relations
with the United States figures prominently in his plans. Judging by his pronouncements on the subject he would regard such improvement to be for the good
of his country and a personal triumph for himself as well. Thus it is considered
reasonable to believe that he does not regard the move to make agreements with
nearby countries as directed against the United States, but rather as an activity
in the right direction while awaiting developments of greater importance. This
does not mean however that others associated with him may not see in this
initiative an opportunity to work against American policies and interests by
involving Argentina more irretrievably in commitments incompatible with complete
economic cooperation with the United States under the principles of multilateral
trade and unconditional most favored-nation treatment. It is considered important
therefore that as much support as possible be given Dr. Pinedo at such times
and in such a way as will serve to strengthen his position in his attempts to
do something constructive, but that a clear understanding with respect to the be
treatment to be accorded American trade by the Argentine Government should
reached in advance of extending substantial assistance.
Respectfully yours,
Norman Armour
ON.
Enclosure:
631
Memorandum
Copy to Embassy at Rio.
MBD: cae
Copyieb
COPY
209
(Enclosure no. 1 to despatch no. 1461)
Strictly
Buenos Aires, October 25, 1940.
Confidential
MEMORANDUM
TO:
S. Pinkney Tuck, Charge d'Affaires a.i.
FROM:
Monnett B. Davis, First Secretary of Embassy.
SUBJECT:
Argentine-American Trade Relations; Opinions
Expressed with Regard to the Visit of Warren
Lee Pierson, President of the Export Import
Bank of Washington.
Dr. Oscar Muller, local representative of the First of Boston International
Corporation, who has long been close to Dr. Pinedo and the Argentine Ministry
of Finance, told a member of the Embassy staff in confidence that he had found
the Minister in a rather bad mood induced he thought by disappointment over the
lack of progress in relations with the United States. He explained that Dr. Pinedo
was by nature a very impatient men and that he believed this trait was being
accentuated at present by a feeling of uncertainty with respect to his tenure as
Minister ofFinance, since persons close to President Ortiz say he is determined
to resume active charge and direction of the Government within a few months and
that the chances of Dr. Pinedo's continuing in office in such an event are regarded
as very slight. Accordingly he feels that time is passing and that he may not be
able to realize what he has often stated as his principal reason for wishing to
return to office, and that is to give Argentine commercial policy a new orientation
involving closer cooperation with the American Republics and, most important of
all, improve relations with the United States.
According D to Dr. Muller the Minister of Finance expressed himself as veryto
dissatisfied over the conversations that took place during the recent visit
Fuenos Aires of Mr. Pierson, saying that he had hoped to discuss Argentina's
problems and arrive at some solution but that Mr. Pierson obviously had not been
authorized to meice any commitments whatsoever. He seemed discouraged for some
reason over the prospect of getting any further assistance from the United thought States
and seemed also to be suffering in some degree from hurt pride. It was and
he had been twitted about the announcement of credits approved for Brazil
had been stung by assertions that the United States was treating Argentine as it
would Haiti or Nicaragua.
Dr. Pinedo is reported as saying that Argentina could not have than two Ministers Dr.
more desirous of effecting closer relations with the United brave States political
Roca and himself, both of whom he said were even willing to takenthus
criticism to get results in this connection, and yet the initiatives evident that he
far have not been productive of any tangible result. It is it was
to
expected much of Mr. Pierson's visit, having been given to understand Argentina.
take the place of the special mission originally designated to come to
(1)
210
-2-
Dr. Muller says that he reminded the Minister that the exchange control
authorities must have created a bad impression by announcing a measure affecting
was that he
business adversely on the eve of Mr. Pierson's arrival and that Dr. Pinedo
had American indicated that he thought the announcement unfortunate, had not
known of the plan until it was completed and that he had accepted it because
of its necessity and because he considered it would be better to have its announcement precede Mr. Pierson's arrival rather than come later when it might be inter-
preted as an unfriendly and ungrateful action. He stated that the lack of dollar
exchange was very real and that he saw no way of avoiding the curtailment of
imports from the United States in the present circumstances.
The Embassy's informant said that the Minister seemed to have received
some information which served to make him very pessimistic with respect to the
intentions of the United States Government. He stated, whether for effect or
from conviction it would be difficult to determine, that he was not very hopeful
of receiving adequate or even substantial help from the United States, and that
he was exploring other possibilities. He said that while something might be done
toward increasing trade with other Latin American countries the results would be
a negligible factor in view of the magnitude of Argentina's problems
Dr. Ramón Castillo in a conversation with the president of the Automobile
Importers Association is reported to have made & similar statement, which was to
the general effect that the United States as usual had been ready to assist
Brazil but not Argentina. This would seem to indicate that Dr. Pinedo permitted
not only himself but other members of the Government to anticipate an early
arrangement with the United States with respect to credits.
M. B. D.
MBD:cae
Note (1): See the Department's telegram 180 of October 12, 2 p.m. and the
Embassy's telegrams 342 of August 13. 8 p.m. and 391 of September 4,
7 p.m.
Copyieb
211
CABLE
TO: Buenos Aires
DATE:
October 28, 1940
FROM:
Department of State
Refer to your #505. October 25.
Department of Commerce requests indication by
cable of extent to which it may give publicity to
statement of the Director of the Exchange Control
Office.
FULL
REC'D OVER PHONE
10/30/40
eh
212
BRITISH EMBASSY,
WASHINGTON, D.C.
Personal and Secret
October 28th, 1940
Dear Mr. Secretary,
I enclose herein for your
personal and secret information a copy
of the latest report received from
London on the military situation.
Believe me,
Dear Mr. Secretary,
Very sincerely yours,
Work Bother
The Honourable
Henry Morgenthau, Jr.,
United States Treasury,
Washington, D. C.
213
Telegram received from London
dated October 26th, 1940.
Naval. Four more Town class destroyers
ex-United States arrived Belfast a.m. October 26th.
1.
Two of His Majesty's trawlers have been
sunk, one by mine, the other by a near miss bomb
along the side of the jetty at Montrose both on
October 25th. One casualty in each case.
H.M.S. Aphis working in conjunction with
Royal Air Force successfully bombarded an enemy
concentration fifteen miles east sidi Barrani early
on October 25th. Motor transports were destroyed
and at a large fuel dump a fire was started.
Two trawlers were sunk by mines off the
entrance of the Humber a.m. on October 25th.
2.
Royal Air Force. During night of October
25th/October 26th 98 aircraft successfully attacked
following targets: three oil plants, ship yards and
docks at Hemburg, Bremen, Krupp Works at Kiel (32
heavy bombers) power station Hamburg, gun emplacements
opposite Dover, aerodromes in Holland, Belgium,
Northern France. Five medium bombers were also
given minelaying task. One heavy bomber has not
returned.
3.
German Air Force. Night of October 24th/25th.
London area: casualties reported are one killed, 31
wounded. Water situation of London has considerably
improved and services from all important installations
are practically restored to normal.
Outside/
214
Outside London: at Birmingham damage was
caused at New Street Station and slight damage at
Central goods station. Material loss caused by fires
in business premises was severe, but military damage,
apart from temporary dislocation of communications
in city is not important and effect on production is
negligible.
Daylight October 25th. Weather fine and
German Air Force was abnormally active. Five main
formations consisting of 50-80 M.E. 109 fighterbombers each, crossed the South East Coast between
8:30 a.m. S p.m. and split up into many smaller groups
which covered widespread areas in Kent and Sussex.
Elements of four formations penetrated to London area.
Our fighters intercepted, some enemy machines were
shot down. The bombs dropped in London area fell
chiefly in South Sastern auburbs and principally
affected road and railway communications to a minor
extent. Some industrial premises were damaged in Park
Royal district but no reports have been received of
military damage. Outside London bombs were dropped in
Kent and Sussex chiefly affecting Maidstone and
Eastbourne. Night October 25th/26th. The enemy
resumed his activities at about 6.30 D.M. in moderate
strength upon London and Birmingham although attacks
also took place in Scotland. In London area bombing
was widespread and serious fires, which are now under
control, were caused in 2 districts. A heavy attack
lasting of hours was made on Birmingham where
casualties so far reported are 28 killed and 39 wounded.
Several fires were caused but although 8 factories
engaged on war work were reported aa hit, damage at
s/
215
3 of them was only alight and at 8 only is any
mention made of serious damage. Six high explosive
and some incendiary bombs fell at Coppins, near
Iver, the residence of His Royal Highness the Dake
of Kent. There were no casualties. At an aerodrome
in Scotland considerable damage was done to one
hengar and the officers' mess. Six persons were
killed.
4.
Enemy:
Summary of air casualties.
Destroyed Probable Damaged
By fighters
Fighters
14
18
-
Bombers
15
1
British: 10 fighters (7 pilote safe).
2 bombers missing.
Convoys. Fifteen ships, Halifax convey,
5.
which was heavily attacked on night of October 19th/
20th have arrived in harbour; cargoes included 6 iron
and steel. Another convoy of 23 ships has arrived
safely; cargoes included 8 of oil and 3 of non-ferrous
metals.
6.
Middle East. On the night of October 24th/
25th Benghasi harbour was again attacked by our
bombers and fires were caused.
Sudan and Ethiopia. On the night of
October 25rd/24th our bombers attacked an Italian
aerodrome near Gondar, troop concentrations near
Kassala, where violent explosions occurred, and 2
aerodromes near Asmara, at one of which 8 aircraft
are believed to have been destroyed on the ground
and at the other bursts seen near hangars.
On October 24th 2 enemy aircraft attacked a
convoy in the harbour at Port Sudan. Damage was
negligible, but 22 native dook labourers were killed.
216
TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION
Mins
For
DATE October 28, 1940
Secretary Morgenthau
TO
FROM Mr. Cochran
Mr. Cameron of the Federal Reserve Bank of New York gave us the following in-
formation regarding the transfers listed below from German and Italian accounts
maintained with the Chase National Bank.
German
October 26
Amount Debited
Account Debited
$ 32,455
Deutsche Gold Discount
109,180
Bank, Berlin
Paid To
Irving Trust Company,
New York, for account
of Vongibara
Irving Trust Company,
New York, for account
of Carl Marks and
#
Date
Company, New York
Italian
Date
Amount Debited
October 26
$100,000
Account Debited
Paid To
Banca Commerciale
Check drawn by the
Italiano, New York
Banca Commerciale
Italiano, New York, in
favor of Manufacturers
Trust Company
217
TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION
DATE October 28, 1940
TO Secretary Morgenthau
FROM Mr. Cochran
CONFIDENTIAL
Registered sterling transactions of the reporting banks were as follows:
Sold to commercial concerns
Purchased from commercial concerns
683,000
127,000
Of the 183,000 sold, $50,000 are being used to cover the importation of whiskey.
The remaining 33.000 are being applied against various imports.
The Federal Reserve Bank sold 15,000 in registered sterling to a non-reporting
bank,
In the open market, sterling had a firm tone, advancing from 4.03 at the opening
to 4.04 at the close. The rise was attributed to a small increase in commercial
buying to meet end-cf-month requirements. Transactions of the reporting banks were
follows:
$25,000
Sold to commercial concerns
Purchased from commercial concerns
1 2,000
The Swiss franc moved lower ina quiet market. It closed at .2321-1/2, as
against a final middle rate of .2323-1/4 on Saturday.
The Canadian dollar has experienced a moderate improvement during the past few
days. It closed at a discount of 13% this afternoon, as compared with 13-1/2% a
week ago.
The other currencies closed as follows:
Swedish krona
Reichamark
Mexican peso
Argentine peso (free)
Brazilian milreis (free)
Cuban peso
Lira
.2385
.4005
.2070
.2335
.0505
9% discount
.0505
We purchased $300,000 in gold from the earmarked account of the Bank of
Venezuela.
218
-2-
The Federal Reserve Bank of New York reported the following gold engagements:
$6,096,000 from Japan, representing two shipments by the Yokohana Specie Bank,
Kobe, to its San Francisco agency, for sale to the U.S. Mint at
San Francisco.
42,000 from Canada, shipped by the Royal Bank of Canada, Montreal, for account
of Dr. Konrad Bloch, to the Irving Trust Company, New York, for sale to
the U.S. Assay Office, New York, The Irving Trust Company advises that
Dr. Bloch is a Swiss national.
$6,138,000 Total
The report from the Federal Reserve Bank of New York listing deposits for the
account of Asia as reported by the New York agencies of Japanese banks on October 23.
showed that such deposits totaled $93,680,000, a decrease of $4,562,000 since the
last report as of October 16. Included in this total were $35,361,000 in deposits
with the Yokohama Specie Bank, New York, made by its branches in China, off $239,000
from October 16, and $46,547,000 in deposits made by Japanese banks in Japan and
Manchuria, off $4,207,000. Some $1,900,000 of the latter deposits were believed to
have been used for the purchase of short-term bills in this market, and about
$1,400,000 for payment on maturing Japanese import bills. Loans made to Japanese
banks by Tokohama's New York agency totaled $21,731,000, an increase of $2,095,000
over the October 16 figure.
The Bombay gold price was equivalent to $33.72, up 1$ from Saturday's quotation.
According to cable advice received from Bombay, there was a heavy export demand for
gold in that centre at the end of last week, with exporters paying as high as the
equivalent of $33.93. The silver price in Bombay was unchanged at the equivalent of
43.37#.
In London, the spot and forward silver prices were fixed at 23-7/16d and 23-3/80
respectively, both off 1/16d from Friday's quotations. The dollar equivalents were
42.56 and 42.444.
Handy and Harman's settlement price for foreign silver was unchanged at 34-3/4
The Treasury's purchase price for foreign silver was also unchanged at 35$.
We made two purchases of silver totaling 100,000 ounces under the Silver Purchase
Act, both of which consisted of new production from foreign countries for forward
delivery.
I'MR.
CONFIDENTIAL
219,
TREASURY DEPARTMENT
INTER-OFFICE COMMUNICATION
CONFIDENTIAL
DATE October 28, 1940
Secretary Morgenthau
TO
FROM
Mr. Hasa A
Subject: The Business Situation,
Week ending October 26, 1940.
Summary
(1) The rise in basic commodity prices continues. Both
industrial materials and food prices have reached higher levels during the past week, with the former group showing the
larger gains. Increased prices in September were reflected
in the BLS all-commodities index, which rose above the levels
of the previous three months. The cost of living also shows
a slight increase.
(2) Our new orders index during the week ended October 19
rose above the peak reached last June, with marked gains in
all three major groups. Reported steel orders were 122 per
cent of capacity, and textile orders (particularly for woolen
goods) were sharply higher.
(3) With production close to previous top levels in the
major industries associated with national defense, the need
for a careful survey of capacity limitations to prevent possible material shortages and to absorb the largest volume of
the unemployed becomes more urgent. Present capacities available for increased production and employment are now centered
largely in the consumer goods industries.
(4) An important danger of capacity shortages may exist
in various sectors of the steel industry, where the ability
to meet defense requirements without curtailment of civilian
uses is in doubt even in the steel trade. Ingot output currently 18 being increased further only with difficulty, while
orders are beginning to increase more rapidly. Pig iron
prices were increased by one producer last week, apparently
reflecting a tight supply situation.
220
Secretary Morgenthau - 2
Commodity prices higher
The advance in basic commodity prices continued through
last week, though some reactionary tendencies appeared at
the close of the week, chiefly in grain prices. The rise
in these more sensitive prices, which has been under way
since mid-August, has begun to reflect itself in the broader
indexes of commodity prices. The BLS all-commodities index,
which had been in a gradually declining trend since last
October, rose 0.6 point in September to 78.0. In consequence
the cost of living has increased slightly. (See Chart 1,
upper part.)
The BLS index of 28 basic commodities shows a more pronounced rise since the August low than the broader index
(see Chart 1, lower part) primarily because of considerable
increases in the prices of certain basic materials. In
Chart 2, upper part, are shown separately the indexes for
12 foodstuffs and 16 raw industrial materials, which together make up the index of 28 basic commodities.
Industrial materials continue to advance faster than
foodstuffs, and the leaders in last week's rise -- hides,
wool, rosin, and shellac -- were in this group. (See Chart 2.
lower section.) Hides, wool, and wheat continue to show the
greatest percentage gains from their August low, all three
rising more than 25 per cent.
Supply shortages beginning to appear
The recent rise in prices of basic industrial materials
has been due, in a number of instances, to rather clearly
apparent supply shortages, similar to those which often
foreshadow broad advances in commodity prices. The time
seems at hand for planned Government action looking toward
an expansion in the production of various materials, if
price inflation is to be forestalled.
The tight supply situations in zinc and copper have
been mentioned in previous reports. The three commodities
shown on Chart 2 to have increased most rapidly in price
since their August lows -- hides, wool, and wheat -- also
reflect supply shortages in varying degrees. Reported
domestic stocks of hides at the end of August were the lowest for that month since at least 1922. In the Argentine
hide markets, Russia, Japan and the United Kingdom, in
221
Secretary Morgenthau - 3
addition to the United States, have recently been buying
heavily. The orders from the Army for some 4,000,000
pairs of shoes, and recent heavy buying of sole leather
in this country by Russia have contributed to a tight
supply. The situation might be improved by a reduction
in the 10 per cent import duty.
The wool market is dominated by (1) heavy Army orders
for cloth and blankets, and (2) control by Great Britain
of most of the stock of fine wools outside the United
States. When pending contracts are awarded, involving
mostly fine wools, the Army will have absorbed one-third
or more of this year's domestic clip. The price outlook
thus depends partly upon Great Britain's willingness to
dispose of her stock of fine wools. Increased utilization
of the medium and coarse wools from Argentina and Uruguay,
reduction of the 25 cent (approximate) import duty, and en-
forced mixtures of other textile fibers in certain fabrics,
are possible methods of relieving the supply situation.
Wheat prices also higher
The sharp rise in wheat prices is credited chiefly to
the Government loan program, which has withdrawn a substan-
tial amount of wheat from the supply available for domestic
millers -- 218,000,000 bushels of this year's crop being re-
ported under loan on October 15. Wheat does not yet present
a real supply problem, however, since (1) an ample domestic
supply is available, and (2) the automatic reduction in new
higher price levels tends to put a ceiling on the price advance. Heavier selling by growers was a factor causing a
sharp decline in wheat prices last Saturday, which weakened
other grain prices.
loans and increase in repossession of wheat by growers at
Weekly new orders sharply higher
Our weekly new orders index showed a sharp increase in
the week ended October 19 to 187.5, which exceeded the June
high by 7.6 points. (See Chart 3.) Orders for defense materials were apparently an important influence. The increase in
new orders was distributed among all components. Steel orders
represented 122 per cent of capacity, the highest since August
22, and 19 points above the preceding week. The textile
222
Secretary Morgenthau - 4
component increased to 44.5 from 23.8 in the preceding week.
Although the major increase occurred in woolen goods, cottons also registered an advance. The New York Cotton Exchange Service reports that sales of unfinished cotton goods
in that week were about double current production, while
sales of finished goods were well in excess of output.
Defense industries approaching capacity
A survey of present production in the major industrial
groups (see Chart 4) shows production in the industries associated with national defense to be close to the previous
peak levels reached in 1929 and in the 1937-1939 period, if
not already exceeding them. In iron and steel, non-ferrous
metals, textiles, rubber, and chemicals, production in September was at or near previous peaks, while in the machinery
and stone, clay, and glass products industries, production
exceeded the highest previous levels. For automobiles, a
special adjustment was made because the September 1940 index
is unduly low on account of seasonal influences. The estimate for October 1940 here shown is still considerably below
former peaks.
Judging from this comparison, present capacities for
increased production and employment are chiefly to be found
in the consumer goods industries. The nearness of the de-
fense industries to previous peak levels indicates the need
of careful surveys of capacity limitations, in order to
avoid shortages of materials and to absorb the largest number
of the unemployed.
Capacity may be limited in the steel industry
Evidence from the steel industry bears out the indications derived from the FRB indexes that steel production is
very near capacity at the present time. Chart 5 shows that
many of the districts which were already near capacity have
been unable to increase their output in recent weeks. Even
the important Pittsburgh district, which has for some time
been the only district showing any important excess of
capacity, is now approaching its limit of output.
From leaders in the steel industry itself come contradictory statements about the industry's ability to meet the
requirements of defense without curtailment of civilian uses.
223
Secretary Morgenthau - 5
Mr. Tom M. Girdler, Chairman of the Board of Republic Steel,
said last week that the steel industry has adequate productive capacity for both national defense and normal commercial
needs. He estimated productive capacity at 83 million tons,
and foresaw possible requirements of 82 million tons of
steel. The editor of the American Metal Market, on the other
hand, mentioned 73 to 78 million tons 8.8 the practical capacity of the industry, asserting that any increase in steel
output above that level would have to be produced entirely
from steel scrap, owing to the pig iron furnaces being already at virtually peak production.
Production last week reached 94.9 per cent of capacity,
the highest level since June 1929, and an actual tonnage well
in excess of the best levels of 1929. The increase for the
week, however, was only 0.5 point over the preceding week.
(See Chart 6, upper part.) Orders, as reported by the
U. S. Steel Corporation, however, were 122 per cent of capacity, an increase from 103 per cent in the preceding week.
Since the U. S. Steel Corporation and independent companies
are now operating at approximately the same level of capa-
city (see Chart 6, lower part), there is reason to assume
that U. S. Steel orders are roughly representative of the
industry. According to reports from the industry, the preponderance of orders now being received is still for nonmilitary purposes, as a lack of detailed specifications in
many instances is holding up defense orders. Hence the
problem of assuring adequate capacity for defense purposes
is particularly acute.
Reflecting the tight supply situation in pig iron, where
production is near the practical limit of capacity, the
Pittsburgh Coke and Iron Company last week raised its pig
iron prices $1.50 to $2.00 a ton, effective at once. The new
prices will be $24.50 and $25.00 a ton.
Employment sharply higher in September
The September gains in factory employment and payrolls
represented, with but few exceptions, the largest aggregate
increases in any single month since 1919. Total non-agri-
cultural employment increased by 600,000 between August and
September to 36,600,000. In addition to this total,
2,242,000 were employed by the CCC, WPA, and NYA. Total non-
agricultural employment has been increasing since February
224
Secretary Morgenthau - 6
at an average rate of 285,700 a month. The September in-
crease is not only larger than the previous monthly average increases, but is far larger than the usual seasonal
increase; in fact, it is one of the largest ever recorded.
The major part of the September increase was due to the rise
in factory
employment,
which was about half again as great
as
the usual
seasonal increase.
Exports lower in September
Exports in September did not contribute to the increase
in industrial production, as United States exports of domestic merchandise in that month actually declined $54,000,000
or 16 per cent from the previous month. As a result, the
month's total stood at $288,000,000, the lowest figure since
last November. (See Chart 7.) While at first glance this
decline might appear to be partly attributable to the shorter
month, actually exports normally expand during September as
a result of increased shipments of agricultural products.
As a matter of fact, agricultural exports fell to a new
low level despite a slight recovery in cotton exports from
the previous month's extremely low figure. By September of
this year, agricultural exports had declined to such an extent that they comprised only 8 per cent of our total export
trade as compared with 26 per cent in September 1939.
The most important factor in the decline was a drop of
$14,500,000 in aircraft exports, according to the Department
of Commerce classification, as compared with the previous
month's record figure. Substantial declines also occurred
in shipments of copper, iron and steel scrap, and petroleum
products. Iron and steel exports exclusive of scrap showed
only a trifling decline from August's figure, when nearly 23
per cent of our finished steel production was exported.
Total machinery exports dropped 7 per cent below the high
August figure, but exports of metal-working machinery actually
showed a slight advance.
Weekly business indexes
With all but two components showing gains, the New York
Times index of business activity made a further slight ad-
vance during the week ended October 19, rising to 108.4 from
108.2 (revised) in the previous week.
225
Secretary Morgenthau - 7
The principal factors contributing to the rise were a
moderate contra-seasonal increase in steel ingot production
and a greater than seasonal rise in cotton mill activity.
The adjusted indexes of freight car loadings and lumber
production showed smaller advances.
These gains were largely offset by a further substantial
decline in the adjusted index of automobile production, despite
a rise in actual production of 6,000 units over the previous
week. The index of electric power production declined slightly
despite a rise in actual electric power output to the highest
figure on record.
Barron's index of business activity for the week ended
October 19 rose at a faster rate than the Times index, advancing to 116.7 from 115.7 in the previous week.
Preliminary data for the week ended October 26 reveal a
slight contra-seasonal rise in steel ingot production to a new
high operating rate since 1929. Automobile production also
reached a new high for the year as a result of an increase of
2,000 units. Nevertheless, the adjusted index will show a
further substantial decline due to the distortion which has
occurred this year in the normal seasonal pattern of automobile production, as pointed out in previous memoranda.
Steel operations for the current week are scheduled at
95.7 per cent of capacity, as compared with 94.9 per cent last
week, according to the American Iron and Steel estimate
released this morning.
COMMODITY PRICES AND COST OF LIVING
1926 100
1936
1935
1937
PER
1938
1940
1939
194 1
PER
CENT
CENT
Monthly
90
90
88
88
86
86
COST OF LIVING, N.I.C.B.
84
84
82
82
80
80
78
78
863 COMMODITIES, B.L.S.
76
76
74
74
1936
1935
1938
1937
1939
1940
1939
72
1941
1940
1941
$
o
o
N
72
A
PER
PER
CENT
CENT
Weekly
80
80
863 COMMODITIES, B.L.S.
76
76
72
72
68
68
#28 BASIC COMMUDITIES, B.L.S:
64
64
60
60
56
56
52
1111
U
III
o
#
F
J
I 940
A
J
$
1939
M
52
o
A
N
M
D
J
D
J
F
M
1941
$
A
226
*30 COMMODITIES PRIOR TO JANUARY 1940
OFFICE of the Secretary of the Treasury
- of - and Publis
P - 196
Chart
MOVEMENT OF BASIC COMMODITY PRICES
AUGUST 1939=100
1940
7
N
D
3
PER
CENT
24
17
31
NOVEMBER
OCTOBER
28
21
14
26
19
12
5
PER
CENT
10
2
1939
SEPTEMBER
AUGUST
9
1940
PER
o
II
PLR
Weekly Average
CENT
CENT
Daily
130
130
116
116
16 RAW INDUSTRIAL
16 RAM INDUSTRIAL
MATERIALS
125
MATERIALS
125
112
112
120
120
115
108
108
115
110
110
104
104
12 FOODSTUFFS
105
105
12 FOODSTUFFS
100
100
100
100
............
E
LLL
m
95
96
17
10
D
3
1111
24
31
N
o
AUGUST
$
A
M
o
7
1940
LILL
21
14
28
5
A
M
,
D
.
&
1939
1111
SEPTEMBLE
12
19
26
96
2
o
9
-
95
NOVEMBER
OCTOBER
1940
A
Percentage Change for Individual Commodities, August Low to October 18, and to October 25, 1940
PER
PER
CENT
CENT
16 Raw INDUSTRIAL MATERIALS
1
36
12 FOODSTUFF
36
30
30
CHECK
24
-FALLOW
24
BOSIN
18
18
STEERS
LEAD
FINE
BUTTER
STEEL SCRAP, DON.
COPPER
0000A
12
BURLAP
12
SUGAR
PRINT FLOTH
STEEL SCRAP, EXP.
BARLEY
BURGER
CORN
6
VAILK
COFFEE
6
1
FLAXSEED
COTTONSEED OIL
TIN
LAND
0
SHELLAC
0
COTTON
6
6
AUG. LOW
OCT.18
OCT.25
AUG. LOW
OCT.18
OCT.25
P 187 c
Office of the Secretary of the Treasury
Original . - - Harles
INDICES OF NEW ORDERS
Combined Index of New Orders and Selected Components
PERCENTAGE
PERCENTAGE
POINTS
POINTS
160
160
150
150
140
140
130
130
Total (combined Index)
1936 100
120
120
110
110
100
100
90
90
80
80
70
70
60
60
Total excluding Steel and Textiles
50
50
40
40
Steel Orders
30
30
MAMMY
20
20
10
10
Textile Orders
0
$
o
N
o
1938
Treasury
1940
I 85-C
F.R.B. INDUSTRIAL PRODUCTION IN SELECTED INDUSTRIES
September 1940 Compared with Peek Month in 1020 and Peak Month in Period 1937-1939
1935 '39 - 100. UNADJUSTED
1937-1939 Peak
1920 Peak
Sept. 1940
PER
PER
CENT
CENT
Durable Production
180
180
160
160
140
140
120
120
100
100
80
80
60
60
40
40
20
20
0
STONE, CLAY
AUTOMOS ILE
0
NON-FERROUS
MACHINERY
IRON AND
FURNITURE
LUMBER
AND GLASS
METALS
STEEL
PER
PER
CENT
CENT
Non-Durable Production
140
140
120
120
100
100
80
80
60
60
40
40
20
20
0
0
TEXTILES
MANUFACTURED
PAPER*
CHEMICALS
BITUMINOUS
PETROLEUM
RUBBER
LEATHER
FOOD
COAL
RELATIVE IMPORTANCE OF SELECTED
IN F.R.B. INDEX'
P R CENINDUSTRIES
T
50
40
30
20
10
0
NON-FERRIUS
MACHINERY
IRON AND STEEL
Durable
Production
Non-Durable
Production
112%
AUGUST 1940
44%
2.9%
CHEMICALS PAPER
PETROLEUM
2.3%
LUMBER
BITUMINOUS DOAL
RUSSER
LEATHER
TEXTILES
AST
25%
HUT
365
FURNITURE
STOBC.CLAY.OLASS
AUTOMOBILES
RETALS
10.6%
545
635
MANUFACTURED FOOD
11%
10.9%
**OCTOBER 1940, (CST.)
SECIGNTS on THE INDIVIDUAL ITEMS INCLUDE BOTH MANUFACTURING AND PRIMARY PRODUCTION
Office of the Secretary of the Treasury
- and Statistics
c 360
40
so
40
so
so
120
160
280
240
200
TONS
Thousands
1941
"Based on Iren Age date
0
1.0
1.2
1.4
1.6
M
Millions
1.6
1940
J
OLN
w
Capacity
THE
Output
1939
1941
1940
<<
THIS
Chicago
Birmingham
Youngstown
ww
Cincinnati
mmm
o
40
o
40
40
so
THE
so
160
Cleveland
Buffalo
Capacity
TONS
.
40
40
0 200
40
200
40
40
so
so
so
160 16040
120
140 120
200
280 240
120
120 120
240 200120
320 280
360 320
1941
320
JPM
Weekly Tonnage
Output
PRINCIPAL PRODUCING DISTRICTS
1940
1939
Capacity
Outputs
STEEL OUTPUT AND RATED CAPACITY
U.S. Total
0
2
1940
1.2
TONS
1939
1939
1940
1941
1.0
1.4
Millions
Wheeling
Detroit
Philadelphia
Pittaburgh
o
so
so
40
so
120
160
200
240
280
320
360
TONS
Thousands
Thousands
160
TONS
STEEL INGOT PRODUCTION AND U.S. STEEL CORPORATION ORDERS
1938
MAY
1939
SCPT
NOV.
JAN.
TTT
JAPAN
MAR.
MAY
SEP
U.S.
INSTI
PCR
NOV.
IT
1940
JAN.
LT
MAR.
MAY
JULY
SEPT.
NOV
UNITE
PER
GENT
DENT
U.S. Steel Orders and Total Steel Output
160
160
(EXPRESSED IN PERCENT OF CAPACITY)
140
140
120
120
ORDERS, U.S. STEEL CORPORATION
IN TERMS or U.S. STEEL CAPACITY
100
100
80
80
TOTAL STEEL OUTPUT
60
60
LAW
40
THE
ULL
20
JAN.
JULY
MAY
MAR.
SEPT.
NOV.
JAN.
MAR.
FILL
LU
MAY
JULY
SEPT.
40
HILL
NOV.
JAN.
20
MAR.
MAY
SEPT.
NOV.
1940
1939
1938
JULY
100
100
Steel Output
(EXPRESSED IN PERCENT OF CAPACITY)
80
80
INDEPENDENT COMPANIES
60
60
40
40
U.S. STEEL CORPORATION
RE
20
JAN.
MAR.
MAY
JULY
1938
Office the Secretary of the Treasury
Please - and Participant
SEPT.
NOV
JAN.
MAR.
111
MAY
JULY
1939
SEPT.
NOV.
JAN.
MAR.
MAY
20
JULY
SEPT.
NOV.
1940
I 48 B
DOLLARS
325
300
275
DOLLARS
250
225
Millions
200
150
-
100
125
175
125
150
75
100
so
25
75
so
0
25
0
JAN MAR MAY JULY SEPT NOV
JAN MAR NOV
Total Nonagricultural
DOLLARS
Total Agricultural
-100
250
200
500
40
40
1989
30
TOTAL
1930
1930
TOTAL TRADE
1931
Imports
1931
Exports
****
1932
EXPORTS OF U.S. MERCHANDISE
DOLLARS
DOLLARS
xen
1933
1923
Trade Balance
Aircraft
Cotten
1924
1934
1935
Selected Nonagricultural Commodities
(Senerel)
Selected Agricultural Commodities
DOLLARS
1934
DOLLARS
1936
1937
Tobacco
1937
CONMDTLS
1434
1938
....
119
N
DOLLARS
DOLLARS
M
1940
Wheat and Flour
ISO
<00
100
200
38
233
TREASURY DEPARTMENT
INTER-OFFICE COMMUNICATION
DATE October 28, 1940
Secretary Morgenthau
TO
FROM
Mr. Haas OR
Work Projects Administration employment for the week
ended October 16, 1940 increased to 1,768,000 persons from
the 1,762,000 reported during the week ended October 9, 1940.
Attachments
234
WORK PROJECTS ADMINISTRATION
Number of Workers Employed - Weekly
United States
Week ending
1940
March 6
March 13
March 20
March 27
Number of Workers
(In thousands)
2,324
2,319
2,312
2,288
April 3
April 10
April 17
April 24
2,204
2,162
2,118
2,092
May 1
May 8
May 15
May 22
May 29
2,059
2,008
1,970
1,945
1,925
June 5
June 12
June 19
June 26
1,859
1,785
1,714
1,666
July 3
July 10
July 17
July 24
July 31
1,611
1,619
1,659
1,689
1,700
August 7
August 14
August 21
August 28
1,709
1,708
1,699
1,692
September 4
September 11
September 18
September 25
1,690
1,687
1,689
1,703
October 2
October 9
October 16
1,747
1,762
1,768
Source: Work Projects Administration
235
WORK PROJECTS ADMINISTRATION
Number of Workers
Employed - Monthly
United States
Number of Workers
1938
January
February
(In thousands)
March
April
May
June
July
August
September
October
November
December
1,901
2,075
2,445
2,582
2,678
2,807
3,053
3,171
3,228
3,346
3,287
3,094
1939
January
February
March
April
May
June
July
August
September
October
November
December
1940
January
February
March
April
May
June
July
August
September
Source: Work Projects Administration
Monthly figures are weekly figures for the latest
week of the month.
They include certified and noncertified workers.
2,986
3,043
2,980
2,751
2,600
2,551
2,200
1,842
1,790
1,902
2,024
2,152
2,266
2,324
2,288
2,092
1,925
1,666
1,700
1,692
1,703
236
WORK PROJECTS ADMINISTRATION
Number of Workers Employed
United States
Weekly W.P.A. Employment
Monthly W.P.A. Employment
1940
-
and MEL BRXA you MAR. NOT my MEL NOV, -
MAY
MAR.
941
1940
1939
'4 1
WILLIONS MILLIONS
WILLIONS
or
BORKERS
or
3.4
WORKERS
BORKERS
WORKERS
3.4
3.3
3.3
3.2
1.2
3.2
3.2
3.1
3.1
2.8
3.0
2.8
3.0
2.9
2.9
2.0
2.4
2.4
2.8
2.7
2.7
2.4
2.0
2.6
2.0
2.5
2.5
2.4
2.4
1.0
1.6
2.3
2.3
2.2
2.2
1.2
2.1
1.2
2.1
2.0
2.0
1.9
.8
1.9
1.8
1.8
1.1
A
1.7
1.4
0
1935 1936
1937
1938
1940
-
1.5
0
The J
1.6
1.5
JAN.
14.1
MAR.
MAY
JULY
1939
SEPT.
NOV.
JAN.
MAR.
MAY
JULY
1940
SEPT.
NOV.
JAN.
was.
1941
SOURCE: WORK PROJECTS ADMINISTRATION
Z. 221 a
- States
Office the Secretary of the Treasury
237
STRICTLY CONFIDENTIAL
ALLISON ENGINEERING COMPANY
Deliveries of Airplane Engines
:
Actual
deliveries :
Estimated deliveries on
existing orders
1940
January
10
May 1 - June 1
June 2 - 29
15
June 30 - July 27
July 28 - August 31
September 1 - 28.
September 29 - October 5
October 6 - 12
October 13 - 19
October 20 - 26
October 27 - 31
31
50
91
221
49
73
61
48
57
November
December
336
364
January
400
416
433
454
1941
February
March
April
May
June
July
August
September
October
November
December
448
437
400
369
431
45
45
1942
January
February
Office of the Secretary of the Treasury,
Division of Research and Statistics.
25
21
October 28, 1940.
238
October 28, 1940.
MEMORANDUM
TO:
Secretary Morgenthau
FROM: Mr. Gaston
m
Supplementing my previous memoranda, the following
charter of vessels of the United States to aliens is considered of interest:
Tanker CHINA ARROW (Official No. 220680) - Application
filed by Socony Vacuum Oil Company, Inc., New York, N. Y.,
for approval of charter to Vsesoyuznoe Obedinenie
"Soyuznefteexport", agency of the U. S. Soviet Government,
for two voyages with a cargo of motor gasoline, from a port
or ports in California to Vladivostok, U. S. S. R., loading
on or about October 23, 1940. Approval of Maritime Commission for one voyage only granted 22 October, 1940.
Tanker AURORA (Official No. 219954) - Application
filed by Socony Vacuum Oil Company, Inc., New York, N. Y.,
for approval of charter to Vsesoyuznoe Obedinenie
"Soyuznefteexport", agency of the U. S. Soviet Government,
for two voyages with a cargo of motor gasoline, from a
port of ports in California to Vladivostok, U. S. S. R.
Approval of Maritime Commission for one voyage only granted
22 October, 1940.
239
GRAY
LAR
Berlin
Dated October 28, 1940
Rec'd 10:00 a.m.
Secretary of State,
Washington.
4482, October 28, 10 a.m.
My 3158, July 25, 3 p.m.
FOR TREASURY FROM HEATH AND FOR THE DEPARTMENT'S
INFORMATION.
The total taxable revenues of the Reich Central
Government during the period from July 1st to September 30th of this year WETE 7,351,000,000 marks as
compared with 3,067,000,000 marks in the June quarter
and 6,178,000,000
1 marks in the September 1939
quarter. Of this total 5,982,000,000 marks WERE
derived from income property and trade taxes (including
war surtaxes) as compared with 4,896,000,000 marks
in the June quarter and 4,732,000,000 marks in the
September 1939 quarter and 1,369,000,000 marks from
consumption taxes and customs as compared with
1,212,000,000 marks in the June quarter and 1,447,000,000
marks in the September 1939 quarter. In both the fiscal
years 1938-39 and 1939-40 the September tax collections
WEIE more than 900,000,000 marks greater than the June
quarter collections. While this last increase SEEMS
unusually
240
LAR-2- 4482, October 28, 10 a.m. from Berlin.
unusually large it is probably explainable by the
fact of the addition of the former Polish territories
to the Reich tax system and the wartime tax increases.
There was probably also SOME increase in the number
of persons Employed in the September quarter compared
with the June quarter since a considerable number of
men WERE released from the army after the conclusion
of the western campaign and there was probably also
an increase in the number of employed women.
From the figures now at hand and comparison with
the quarterly distribution of tax revenues in previous
years it SEEMS likely that total tax revenues for the
fiscal year 1940-41 will reach 27,000,000,000 marks.
If this turns out to be true ordinary tax revenues
(not including war surtax) will not be much less during
the present fiscal year than the 22,000,000,000 marks
originally Estimated for the fiscal year 1939-40
indicating that the present rate of national money
income contrary to earlier expectations is not appreciably smaller than before the war now that the initial
Effects of the shift to a war Economy have been OVERCOME.
MORRIS
TFV
241
PARAPHRASE OF TELEGRAM SENT
TO: American Embassy, Berlin, Germany
DATE: October 28, 1940, 7 p.m.
NO.: 2864
On the New York market for the past few weeks there
have been taking place heavy purchases of German dollar
securities of all kinds. It is known that some of these
transactions are for the account of the Reichabank. Others
are known to be by Swiss principals, including A. Hofmann cie,
Zurich, and are believed to be for the same account. On
direct order from the Reichsbank, deliveries have been
made to Mexico and South America, and are being made through
South America now. For payment of the securities purchased,
dollar credits are made available here.
Included in the purchases have been substantial amounts
of industrial and municipal issues, as well as of Dawés
and Young loan and other German Government issues. There
has been a material increase in prices for these securities.
Delivery to Lisbon is called for in certain orders
which apparently are for Swiss account. Delivery to
Stockholm, with or without attached coupons, is called for
in certain orders for Swedish account. However, it would
appear that the bulk of the orders is for the account of
the Germans, and for delivery to South America.
Any further information on this buying campaign and any
explanation you may have would be greatly appreciated by the
Department.
SAME TO Bern, as No. 196.
HULL
(A.A.B.)
TO:
Miss Chauncey
242
This was an outline of a
speech for President.
the proposed
The Speach
WELS to be given October
was,
use the
It but
hedidn't
28, 1940.
speech
as written over her.
rememberthat the
You will probably
Secretary had Messrs. White and Cairns
get up the material. Mr. Cairns wrote
went withGram
hisworked
the
the speech and then when finished he
one (Secretary didn't like it).
material out to New and York Raymond draft Swing and
The draft of the speech would be dated
10/22'40 and would begin "I want to speak
to you tonight about a problem which I
belive is more important to every individual American than any other problem
which has arisen in the U.S. during this
Administration.
Mc
MR. FOLEY
243
1
What Was Done to Safeguard Against War.
A The Neutrality Acts of 1935, 1936, 1937.
To remedy practices that were popularly
regarded as having brought us into the
war in 1917 and to ourtail practices
which might result in international disturbanoes.
B
Neutrality Act of 1939.
Rigid enforcement of this Act. Pittman's
statement: Business practices must conform with the peace policy of the Government.
C How the President used his discretionary power
to prevent involvement.
1. Proclamation of general neutrality.
2. Closing of various combat areas to
American shipping.
3. Evacuation of Americans from Europe.
4. Control of the international trade in
munitions.
5. Conference of Foreign Ministers of
American Republics.
a. Declaration of Panama defining
neutrality sone around Western
Hemisphere.
b. Resolution by the various republics
to take steps which would preserve
the neutrality of the Western Hemisphere.
D Making America strong.
1. Strengthening of defense forces including
conscription.
2. Export control of munitions and other
strategic materials.
3. Acquisition of Atlantic bases.
4. Good neighbor policy.
A
244
[PUBLIC RESOLUTION-No. 67-74TH CONGRESS]
[S. J. Res. 173]
JOINT RESOLUTION
Providing for the prohibition of the export of arms, ammunition, and implemente
of war to belligerent countries; the prohibition of the transportation of arms,
ammunition, and implements of war by vessels of the United States for the
use of belligerent states; for the registration and licensing of persons engaged
the business of manufacturing exporting, or importing arms, ammunition,
or
implements of war; and restricting travel by American citizens on belligerent
ships during war.
in
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That upon the outbreak or during the progress of war between, or among, two or more
foreign states, the President shall proclaim such fact, and it shall
thereafter be unlawful to export arms, ammunition, or implements
of war from any place in the United States, or possessions of the
United States. to any port of such belligerent states, or to any neutral
port for transshipment to. or for the use of, a belligerent country.
The President, by proclamation, shall definitely enumerate the
arms. ammunition. or implements of war, the export of which is
prohibited by this Act.
The President may, from time to time, by proclamation, extend
such embargo upon the export of arms, ammunition, or implements
of war to other states as and when they may become involved in
such war.
Whoever, in violation of any of the provisions of this section.
shall export, or attempt to export, or cause to be exported, arms,
ammunition, or implements of war from the United States, or any
of its possessions, shall be fined not more than $10,000 or imprisoned
not more than five years, or both. and the property, vessel. or vehicle
containing the same shall be subject to the provisions of sections 1
to 8. inclusive, title 6, chapter 30. of the Act approved June 15.
1917 (40 Stat. 223-225: U. S. C., title 22. secs. 288-245)
In the case of the forfeiture of any arms, ammunition, or imple-
ments of war by reason of a violation of this Act, no public or
private sale shall be required; but such arms, ammunition, or imple-
ments of war shall be delivered to the Secretary of War for such
useUnited
or disposal
the
States, thereof as shall be approved by the President of
When in the judgment of the President the conditions which have
raised him to issue his proclamation have ceased to exist he shall
revoke the same and the provisions hereof shall thereupon cease to
apply.
Except with respect to prosecutions committed or forfeitures
incurred prior to March 1, 1936, this section and all proclamations
issued thereunder shall not be effective after February 29, 1936.
SEC. 2. That for the purposes of this Act-
(a) The term .. Board means the National Munitions Control
Board which is hereby established to carry out the provisions of this
2
3
(Pva RES E
Act. The Board shall consist of the Secretary of State, who shall
be chairman and executive officer of the Board: the Secretary of
the Treasury; the Secretary of War: the Secretary of the Navy;
and the Secretary of Commerce. Except as otherwise provided in
this
or by other
law, the administration of this Act is vested
in theAct,
Department
of State:
(b) The term United States when used in a geographical sense.
includes the several States and Territories, the insular possessions of
the United
Statesof(including
the Philippine Islands), the Canal Zone.
and
the District
Columbia:
(c) The term " person includes a partnership, company, asso
ciation, or corporation, as well as a natural person.
Within ninety days after the effective date of this Act, or upon
first engaging in business, every person who engages in the business
of manufacturing, exporting, or importing any of the arms, ammunition, and implements of war referred to in this Act, whether as
an exporter, importer, manufacturer, or dealer, shall register with
the Secretary of State his name, or business name, principal place
of business, and places of business in the United States, and a list
of the arms, ammunition, and implements of war which he manufactures, imports, or exports.
Every person required to register under this section shall notify
the Secretary of State of any change in the arms, ammunition, and
implements of war which he exports, imports, or manufactures: and
upon such notification the Secretary of State shall issue to such person an amended certificate of registration, free of charge, which shall
remain valid until the date of expiration of the original certificate
Every person required to register under the provisions of this
shall pay a registration fee of $500, and upon receipt of such fee
the Secretary of State shall issue a registration certificate valid for
five years, which shall be renewable for further periods of five years
upon the payment of each renewal of a fee of $500.
department, or independent establishment of the Government from
any
person who shall have failed to register under the provisions
of this Act.
The Board shall make an annual report to Congress, copies of
which shall be distributed as are other reports transmitted to
Congress. Such report shall contain such information and data
collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms,
ammunition, and implements of war. It shall include a list of all
persons required to register under the provisions of this Act, and
full information concerning the licenses issued hereunder.
The Secretary of State shall promulgate such rules and regulations with regard to the enforcement of this section RS he may
deem necessary to carry out its provisions.
The President is hereby authorized to: proclaim upon recommendation of the Board from time to time a list of articles which
shall be considered arms. ammunition, and implements of war for
the purposes of this section.
This section shall take effect on the ninetieth day after the date
of its enactment.
SEC. 3. Whenever the President shall issue the proclamation pro-
vided for in section 1 of this Act, thereafter it shall be unlawful
for any American vessel to carry any arms, ammunition, or imple-
ments of war to any port of the belligerent countries named in
such proclamation as being at war, or to any neutral port for transshipment to, or for the use of, a belligerent country.
Whoever, in violation of the provisions of this section. shall take.
attempt to take, or shall authorize, hire, or solicit another to take
any such vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000
or imprisoned not more than five years, or both: and, in addition,
such vessel. her tackle, apparel, furniture, equipment, and the arms,
ammunition. and implements of war on board shall be forfeited to
It shall be unlawful for any person to export, or attempt to
export, from the United States any of the arms, ammunition, or
implements of war referred to in this Act to any other country or
to import, or attempt to import, to the United States from any
other country any of the arms, ammunition, or implements of war
referred to in this Act without first having obtained a license
cease to apply.
All persons required to register under this section shall maintain
subject to the inspection of the Board, such permanent records of
him. shall have cause to believe that any vessel, domestic or foreign,
therefor.
manufacture for export, importation, and exportation of arms,
ammunition, and implements of war as the Board shall prescribe.
Licenses shall be issued to persons who have registered as provided
for, except in cases of export or import licenses where exportation
of arms, ammunition, or implements of war would be in violation
of this Act or any other law of the United States, or of a treaty to
which the United States is a party, in which cases such licenses shall
not be issued.
The Board shall be called by the Chairman and shall hold at least
one meeting a year.
No purchase of arms, ammunition, and implements of war shall
be made on behalf of the United States by any officer, executive
the United States.
When the President finds the conditions which have caused him
to issue his proclamation have ceased to exist, he shall revoke his
proclamation, and the provisions of this section shall thereupon
SEC. 4. Whenever, during any war in which the United States
is neutral, the President, or any person thereunto authorized by
whether requiring clearance or not, is about to carry out of a port
of the United States, or its possession, men or fuel. arms, ammunition. implements of war. or other supplies to any warship, tender,
or supply ship of a foreign belligerent nation. but the evidence is
not deemed sufficient to justify forbidding the departure of the
vessel as provided for by section 1, title V. chapter 30, of the Act
approved June 15. 1917 (40 Stat.
U.
S.
C.,
title
18,
sec.
31),
and if. in the President's judgment, such action will serve to maintain peace between the United States and foreign nations, or to
protect the commercial interests of the United States and its citizens, or to promote the security of the United States, he shall have
the power and it shall be his duty to require the owner, master, or
So in original
4
(Pea Has
person in command thereof, before departing from a port of
United States, or any of its possessions, for a foreign port, to the
a bond to the United States, with sufficient sureties, in such amount give
as he shall deem proper, conditioned that the vessel will not deliver
the men. or the cargo, or any part thereof, to any warship, tender,
or supply ship of a belligerent nation; and, if the President, or
any person t'ereunto authorized by him. shall find that a vessel,
domestic or foreign, in a port of the United States, or one of its
possessions, has previously cleared from such port during such war
and delivered its cargo or any part thereof to a warship, tender,
or supply ship of a belligerent nation, he may prohibit the departure
of such vessel during the duration of the war.
SEC. 5. Whenever, during any war in which the United States
is neutral. the President shall find that special restrictions placed
on the use of the ports and territorial waters of the United States,
or of its possessions, by the submarines of a foreign nation will serve
to maintain peace between the United States and foreign nations,
or to protect the commercial interests of the United States and its
citizens, or to promote the security of the United States, and shall
make proclamation thereof, it shall thereafter be unlawful for any
such submarine to enter a port or the territorial waters of the United
States or any of its possessions, or to depart therefrom, except under
such conditions and subject to such limitations as the President
may prescribe. When, in his judgment, the conditions which have
caused him to issue his proclamation have ceased to exist, he shall
revoke his proclamation and the provisions of this section shall
thereupon cease to apply.
SEC. 6. Whenever, during any war in which the United States
is neutral. the President shall find that the maintenance of peace
between the United States and foreign nations, or the protection of
the lives of citizens of the United States, or the protection of the
commercial interests of the United States and its citizens, or the
security of the United States requires that the American citizens
should refrain from traveling as passengers on the vessels of any
belligerent nation, he shall so proclaim, and thereafter no citizen of
the United States shall travel on any vessel of any belligerent nation
except at his own risk, unless in accordance with such rules and
regulations as the President shall prescribe: Provided. however,
That the provisions of this section shall not apply to a citizen traveling on the vessel of a belligerent whose voyage was begun in advance
of the date of the President's proclamation, and who had no oppor-
tunity to discontinue his voyage after that date: And provided
further. That they shall not apply under ninety days after the
date of the President's proclamation to a citizen returning from a
foreign country to the United States or to any of its possessions,
When, in the President's judgment, the conditions which have caused
him to issue his proclamation have ceased to exist, he shall revoke
his proclamation and the provisions of this section shall thereupon
cease to apply.
SEC. 7. In every case of the violation of any of the provisions of
this Act where a specific penalty is not herein provided, such violator
or violators, upon conviction. shall be fined not more than $10,000
or imprisoned not more than five years, or both.
5
SEC. 8. If any of the provisions of this Act, or the application
thereof to any person or circumstance, is held invalid, the remainder
of the Act, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
SEC. 9. The sum of $25,000 is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated,
to be expended by the Secretary of State in administering this Act.
Approved, August 31, 1935.
245
[PUBLIC RESOLUTION-No. 74-74TH CONGRESS
(H. J. Res. 491)
JOINT RESOLUTION
Extending and amending the joint resolution (Public Resolution Numbered 67,
Seventy-fourth Congress), approved August 31, 1935.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 1 of the joint
resolution (Public Resolution Numbered 67, Seventy-fourth Congress) approved August 31, 1935, be, and the same hereby is, amended
by striking out in the first section, on the second line, after the word
"assembled" the following words: "That upon the outbreak or
during the progress of war between". and inserting therefor the
words: "Whenever the President shall find that there exists a state
of war between": and by striking out the word "may" after the
word "President" and before the word "from" in the twelfth line,
and inserting in lieu thereof the word "shall": and by substituting
for the last paragraph of said section the following paragraph:
"except with respect to offenses committed, or forfeitures incurred
prior to May 1, 1937, this section and all proclamations issued thereunder shall not be effective after May 1, 1937."
SEC. 2. There are hereby added to said joint resolution two new
sections, to be known as sections la and 1b, reading as follows:
"SEC. 1a. Whenever the President shall have issued his proclamation as provided for in section 1 of this Act, it shall thereafter dur-
ing the period of the war be unlawful for any person within the
United States to purchase, sell, or exchange bonds, securities, or other
obligations of the government of any belligerent country, or of any
political subdivision thereof, or of any person acting for or on
behalf of such government, issued after the date of such proclamation, or to make any loan or extend any credit to any such government or person: Provided, That if the President shall find that such
action will serve to protect the commercial or other interests of the
United States or its nationals, he may, in his discretion, and to such
extent and under such regulation as he may prescribe, except from
the operation of this section ordinary commercial credits and shorttime obligations in aid of legal transactions and of a character customarily used in normal peace-time commercial transactions.
"The provisions of this section shall not apply to a renewal or
adjustment of such indebtedness as may exist on the date of the
President's proclamation.
"Whoever shall violate the provisions of this section or of any
regulations issued hereunder shall, upon conviction thereof, be fined
not more than $50,000 or imprisoned for not more than five years, or
both. Should the violation be by a corporation, organization, or
association, each officer or agent thereof participating in the violation
may be liable to the penalty herein prescribed.
2
246
"When the President shall have revoked his proclamation as
vided for in section 1 of this Act, the provisions of this section proof any to
regulations
issued by the President hereunder shall thereupon and
cease
apply.
"SEC. 1b. This Act shall not apply to an American republic
[PUBLIC RESOLUTION-No. 27-75TH CONGRESS]
[CHAPTER 146-1ST SESSION]
republics engaged in war against a non-American state or states, or
provided
republic
is not cooperating with a nonAmerican the
stateAmerican
or states in
such war."
[S. J. Res. 51]
SEC. 3. Section 9 of said joint resolution is amended to read as
follows:
amend the joint resolution entitled "Joint resolution providing for the proTo hibition of the export of arms, ammunition, and implements of war to belligerent
countries; the prohibition of the transportation of arms, ammunition, and
Implements of war by vessels of the United States for the use of belligerent
states; for the registration and licensing of persons engaged in the business
of manufacturing, exporting, or importing arms, ammunition, or implements
war; and restricting travel by American citizens on belligerent ships during
of
war", approved August 31, 1935, as amended,
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the joint resolution
entitled "Joint resolution providing for the prohibition of the export
of arms, ammunition, and implements of war to belligerent countries;
the prohibition of the transportation of arms, ammunition, and
implements of war by vessels of the United States for the use of
belligerent states; for the registration and licensing of persons
engaged in the business of manufacturing, exporting, or importing
arms, ammunition, or implements of war; and restricting travel by
American citizens on belligerent ships during war", approved August
81, 1935, as amended, is amended to read as follows:
"EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR
"SECTION 1. (a) Whenever the President shall find that there exists
state of war between, or among, two or more foreign states, the
President shall proclaim such fact, and it shall thereafter be unlawful
to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to
any belligerent state named in such proclamation, or to any neutral
state for transshipment to, or for the use of, any such belligerent
a
"There is hereby authorized to be appropriated from time to time,
out of any money in the Treasury not otherwise appropriated, such
amounts as may be necessary to carry out the provisions and accomplish the purposes of this Act."
Approved, February 29, 1936.
JOINT RESOLUTION
state
'(b) The President shall, from time to time, by proclamation,
extend such embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved
in such war.
"(c) Whenever the President shall find that a state of civil strife
exists in a foreign state and that such civil strife is of a magnitude or
is being conducted under such conditions that the export of arms,
ammunition, or implements of war from the United States to such
foreign state would threaten or endanger the peace of the United
States, the President shall proclaim such fact, and it shall thereafter
be unlawful to export, or attempt to export, or cause to be exported,
arms, ammunition, or implements of war from any place in the United
States to such foreign state, or to any neutral state for transshipment
to. or for the use of, such foreign state.
"(d) The President shall, from time to time by proclamation,
definitely enumerate the arms, ammunition, and implements of war,
2
3
(PUB. RE 273
the export of which is prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include those eng.
merated in the President's proclamation Numbered 2163, of April 10,
1936, but shall not include raw materials or any other articles or
materials not of the same general character as those enumerated in
the said proclamation, and in the Convention for the Supervision of
the International Trade in Arms and Ammunition and in Implemental
of War, signed at Geneva June 17, 1925.
"(e) Whoever, in violation of any of the provisions of this Act,
shall export, or attempt to export, or cause to be exported, arms,
ammunition, or implements of war from the United States shall be
fined not more than $10,000, or imprisoned not more than five years,
or both, and the property, vessel, or vehicle containing the same shall
be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter
30, of the Act approved June 15, 1917 (40 Stat. 223-225;
1934 ed., title 22, secs. 238-245).
"(f) In the case of the forfeiture of any arms, ammunition, or
implements of war by reason of a violation of this Act, no public or
private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use
or disposal thereof as shall be approved by the President of the United
States.
"(g) Whenever, in the judgment of the President, the conditions
which have caused him to issue any proclamation under the authority
of this section have ceased to exist, he shall revoke the same, and the
provisions of this section shall thereupon cease to apply with respect
to the state or states named in such proclamation, except with respect
to offenses committed, or forfeitures incurred, prior to such revocation,
"EXPORT OF OTHER ARTICLES AND MATERIALS
"SEC. 2. (a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act and he shall thereafter find that the placing of restrictions on the shipment of certain
articles or materials in addition to arms, ammunition, and implements
of war from the United States to belligerent states, or to a state
wherein civil strife exists, is necessary to promote the security or
preserve the peace of the United States or to protect the lives of
citizens of the United States, he shall so proclaim, and it shall thereafter be unlawful, except under such limitations and exceptions as the
President may prescribe as to lakes, rivers, and inland waters bordering on the United States, and as to transportation on or over lands
bordering on the United States, for any American vessel to carry such
articles or materials to any belligerent state, or to any state wherein
civil strife exists, named in such proclamation issued under the
authority of section 1 of this Act, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such
state wherein civil strife exists. The President shall by proclamation
from time to time definitely enumerate the articles and materials
which it shall be unlawful for American vessels to so transport.
"(b) Whenever the President shall have issued a proclamation
under the authority of section 1 of this Act and he shall thereafter
find that the placing of restrictions on the export of articles or
materials from the United States to belligerent states, or to a state
wherein civil strife exists, is necessary to promote the security or
preserve the peace of the United States or to protect the lives or com-
merce of citizens of the United States, he shall so proclaim, and it
shall thereafter be unlawful, except under such limitations and exceptions as the President may prescribe as to lakes, rivers, and inland
waters bordering on the United States, and as to transportation on
over land bordering on the United States, to export or transport,
or attempt to export or transport, or cause to be exported or transported, from the United States to any belligerent state, or to any state
wherein civil strife exists, named in such proclamation issued under
the authority of section 1 of this Act, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such
or
state wherein civil strife exists, any articles or materials whatever
until all right, title, and interest therein shall have been transferred
to
some foreign government, agency, institution, association, partner-
ship, corporation, or national. The shipper of such articles or
materials shall be required to file with the collector of the port from
which they are to be exported a declaration under oath that there
exists in citizens of the United States no right, title, or interest in
such articles or materials, and to comply with such rules and regulations as shall be promulgated from time to time by the President.
Any such declaration so filed shall be a conclusive estoppel against
any claim of any citizen of the United States of right, title, or interest
in such articles or materials. Insurance written by underwriters on
any articles or materials the export of which is prohibited by this
Act, or on articles or materials carried by an American vessel in violation of subsection (a) of this section, shall not be deemed an American interest therein, and no insurance policy issued on such articles or
materials and no loss incurred thereunder or by the owner of the
vessel carrying the same shall be made a basis of any claim put forward by the Government of the United States.
"(e) The President shall from time to time by proclamation extend
such restrictions as are imposed under the authority of this section to
other states as and when they may be declared to become belligerent
states under proclamations issued under the authority of section 1 of
this Act.
"(d) The President may from time to time change, modify, or
revoke in whole or in part any proclamations issued by him under the
authority of this section.
"(e) Except with respect to offenses committed, or forfeitures
incurred, prior to May 1, 1939, this section and all proclamations
issued thereunder shall not be effective after May 1, 1939.
"FINANCIAL TRANSACTIONS
"SEC. 3. (a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to pur- the
chase, sell, or exchange bonds, securities, or other obligations of
government of any belligerent state or of any state wherein civil sub-
strife exists, named in such proclamation, or of any political
division of any such state, or of any person acting for or on behalf
of the government of any such state, or of any faction or asserted
government within any such state wherein civil strife exists, or of
4
any person acting for or on behalf of any faction or asserted govern.
ment within any such state wherein civil strife exists, issued after
the date of such proclamation, or to make any loan or extend any
credit to any such government, political subdivision, faction, asserted
government, or person, or to solicit or receive any contribution for
any such government, political subdivision, faction, asserted government, or person: Provided, That if the President shall find that such
action will serve to protect the commercial or other interests of the
United States or its citizens, he may, in his discretion, and to such
extent and under such regulations as he may prescribe, except from
the operation of this section ordinary commercial credits and shorttime obligations in aid of legal transactions and of a character customarily used in normal peacetime commercial transactions. Nothing in this subsection shall be construed to prohibit the solicitation
or collection of funds to be used for medical aid and assistance, or
for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any
person or organization which is not acting for or on behalf of any
such government, political subdivision, faction, or asserted govern-
ment, but all such solicitations and collections of funds shall be
subject to the approval of the President and shall be made under
such rules and regulations as he shall prescribe.
'(b) The provisions of this section shall not apply to a renewal or
adjustment of such indebtedness as may exist on the date of the
President's proclamation
"(c) Whoever shall violate the provisions of this section or of any
regulations issued hereunder shall, upon conviction thereof, be fined
not more than $50,000 or imprisoned for not more than five years,
or both. Should the violation be by a corporation, organization, or
association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.
"(d) Whenever the President shall have revoked any such proclamation issued under the authority of section 1 of this Act, the provisions of this section and of any regulations issued by the President
hereunder shall thereupon cease to apply with respect to the state
or states named in such proclamation, except with respect to offenses
committed prior to such revocation.
"EXCEPTIONS-AMERICAN REPUBLICS
"SEO. 4. This Act shall not apply to an American republic or
republics engaged in war against a non-American state or states,
provided the American republic is not cooperating with a nonAmerican state or states in such war.
"NATIONAL MUNITIONS CONTROL BOARD
"SEC. 5. (a) There is hereby established & National Munitions
Control Board (hereinafter referred to as the "Board') to carry out
the provisions of this Act. The Board shall consist of the Secretary
of State, who shall be chairman and executive officer of the Board,
the Secretary of the Treasury, the Secretary of War, the Secretary
of the Navy, and the Secretary of Commerce. Except as otherwise
provided in this Act, or by other law, the administration of this Act
5
(PUR REB nl
is vested in the Department of State. The Secretary of State shall
promulgate such rules and regulations with regard to the enforcement of this section as he may deem necessary to carry out its provisions. The Board shall be convened by the chairman and shall
hold at least one meeting a year.
"(b) Every person who engages in the business of manufacturing,
exporting, or importing any of the arms, ammunition, or implements of war referred to in this Act, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary of
State his name, or business name, principal place of business, and
places of business in the United States, and a list of the arms, ammunition, and implements of war which he manufactures, imports, or
exports.
'(c) Every person required to register under this section shall
notify the Secretary of State of any change in the arms, ammunition,
or implements of war which he exports, imports, or manufactures;
and upon such notification the Secretary of State shall issue to such
person an amended certificate of registration, free of charge, which
shall remain valid until the date of expiration of the original certificate. Every person required to register under the provisions of
this section shall pay a registration fee of $500, unless he manufactured, exported, or imported arms, ammunition, and implements of
war to a total sales value of less than $50,000 during the twelve
months immediately preceding his registration, in which case he shall
pay a registration fee of $100. Upon receipt of the required registration fee, the Secretary of State shall issue a registration certificate
valid for five years, which shall be renewable for further periods of
five years upon the payment for each renewal of a fee of $500 in the
case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of more than
$50,000 during the twelve months immediately preceding the renewal,
or a fee of $100 in the case of persons who manufactured, exported,
or imported arms, ammunition, and implements of war to a total
sales value of less than $50,000 during the twelve months immediately
preceding the renewal. The Secretary of the Treasury is hereby
directed to refund, out of any moneys in the Treasury not otherwise
appropriated, the sum of $400 to every person who shall have paid a
registration fee of $500 pursuant to this Act, who manufactured,
exported, or imported arms, ammunition, and implements of war to
a total sales value of less than $50,000 during the twelve months
immediately preceding his registration.
"(d) It shall be unlawful for any person to export, or attempt to
export, from the United States to any other state, any of the arms,
ammunition, or implements of war referred to in this Act, or to
import, or attempt to import, to the United States from any other
state, any of the arms, ammunition, or implements of war referred
to in this Act, without first having obtained a license therefor.
"(e) All persons required to register under this section shall maintain, subject to the inspection of the Secretary of State, or any person or persons designated by him, such permanent records of manufacture for export, importation, and exportation of arms, ammunition, and implements of war as the Secretary of State shall prescribe.
7
6
(Pus
yes
"(f) Licenses shall be issued to persons who have registered
herein provided for, except in cases of export or import licenses
where the export of arms, ammunition, or implements of war would
be in violation of this Act or any other law of the United States, or
of a treaty to which the United States is a party, in which cases such
as
imprisoned not more than five years, or both; and, in addition, such
or and her tackle, apparel, furniture, and equipment, and the
ressel,
ammunition, and implements of war on board, shall be forfeited
arms,
to the United States.
"USE OF AMERICAN PORTS AS BASE OF SUPPLY
licenses shall not be issued.
"(g) Whenever the President shall have issued a proclamation
under the authority of section 1 of this Act, all licenses theretofore
issued under this Act shall ipso facto and immediately upon the
issuance of such proclamation, cease to grant authority to export
arms, ammunition, or implements of war from any place in the
United States to any belligerent state, or to any state wherein civil
strife exists, named in such proclamation, or to any neutral state for
transshipment to, or for the use of, any such belligerent state or any
such state wherein civil strife exists; and said licenses, insofar as the
grant of authority to export to the state or states named in such
proclamation is concerned, shall be null and void.
(h) No purchase of arms, ammunition, or implements of war shall
be made on behalf of the United States by any officer, executive
department, or independent establishment of the Government from
any person who shall have failed to register under the provisions of
this Act.
(i) The provisions of the Act of August 29. 1916, relating to the
sale of ordnance and stores to the Government of Cuba (39 Stat. 619,
643; U. S. C., 1934 ed., title 50, sec. 72), are hereby repealed as of
December 31, 1937.
"SEC. (a) Whenever, during any war in which the United States
neutral, the President, or any person thereunto authorized by him,
is shall have cause to believe that any vessel, domestic or foreign,
whether requiring clearance or not, is about to carry out of a port of
the United States, fuel, men, arms, ammunition, implements of war,
or other supplies to any warship, tender, or supply ship of a belligerent state, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 1, title V,
chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221;
U. C., 1934 ed., title 18, sec. 31), and if, in the President's judgment,
such action will serve to maintain peace between the United States
and foreign states, or to protect the commercial interests of the United
States and its citizens, or to promote the security or neutrality of the
United States, he shall have the power and it shall be his duty to
require the owner, master, or person in command thereof. before
departing from a port of the United States, to give a bond to the
United States, with sufficient sureties, in such amount as he shall deem
proper, conditioned that the vessel will not deliver the men, or any
part of the cargo, to any warship, tender, or supply ship of a belligerent state.
"(j) The Board shall make an annual report to Congress, copies
of which shall be distributed as are other reports transmitted to
Congress. Such reports shall contain such information and data collected by the Board as may be considered of value in the determination
of questions connected with the control of trade in arms, ammunition,
and implements of war. The Board shall include in such reports a
list of all persons required to register under the provisions of this
Act, and full information concerning the licenses issued hereunder.
"(k) The President is hereby authorized to proclaim upon recom-
mendation of the Board from time to time a list of articles which
shall be considered arms, ammunition, and implements of war for the
purposes of this section.
"AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS TO BELLIGERENT
STATES
"SEC. 6. (a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter
be unlawful, until such proclamation is revoked, for any American
vessel to carry any arms, ammunition, or implements of war to any
belligerent state, or to any state wherein civil strife exists, named in
such proclamation, or to any neutral state for transshipment to, or
for the use of, any such belligerent state or any such state wherein
civil strife exists.
"(b) Whoever, in violation of the provisions of this section, shall
take, or attempt to take, or shall authorize, hire, or solicit another to
take, any American vessel carrying such cargo out of port or from the
jurisdiction of the United States shall be fined not more than $10,000,
"(b) If the President, or any person thereunto authorized by him,
shall find that a vessel, domestic or foreign, in a port of the United
States, has previously cleared from a port of the United States during
such war and delivered its cargo or any part thereof to a warship,
tender, or supply ship of a belligerent state, he may prohibit the
departure of such vessel during the duration of the war.
"SUBMARINES AND ARMED MERCHANT VESSELS
"SEC. 8. Whenever, during any war in which the United States is
neutral, the President shall find that special restrictions placed on
the use of the ports and territorial waters of the United States by
the submarines or armed merchant vessels of a foreign state, will
serve to maintain peace between the United States and foreign states,
or to protect the commercial interests of the United States and its
citizens, or to promote the security of the United States, and shall
make proclamation thereof, it shall thereafter be unlawful for any
such submarine or armed merchant vessel to enter a port or the
territorial waters of the United States or to depart therefrom, except
under such conditions and subject to such limitations as the President
may prescribe. Whenever, in his judgment, the conditions which
have caused him to issue his proclamation have ceased to exist, he
shall revoke his proclamation and the provisions of this section shall
thereupon cease to apply.
"TRAVEL ON VESSELS OF BELLIGERENT STATES
"SEC. 9. Whenever the President shall have issued a proclamation
under the authority of section 1 of this Act it shall thereafter be
8
9
(Pvs. RES. 273
unlawful for any citizen of the United States to travel on any
of the state or states named in such proclamation, except in vessel
ance with such rules and regulations as the President shall prescribe: accord-
Provided, however, That the provisions of this section shall
apply to a citizen of the United States traveling on a vessel whose not
voyage was begun in advance of the date of the President's procla.
mation, and who had no opportunity to discontinue his voyage after
that date: And provided further, That they shall not apply under
ninety days after the date of the President's proclamation to a citizen
of the United States returning from a foreign state to the United
States. Whenever, in the President's judgment, the conditions which
have caused him to issue his proclamation have ceased to exist, he
shall revoke his proclamation and the provisions of this section shall
thereupon cease to apply with respect to the state or states named
in
such revocation.
proclamation, except with respect to offenses committed prior
to such
"ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED
"SEC. 10. Whenever the President shall have issued a proclamation
under the authority of section 1, it shall thereafter be unlawful,
until such proclamation is revoked, for any American vessel engaged
in commerce with any belligerent state, or any state wherein civil
strife exists, named in such proclamation, to be armed or to carry
any armament, arms, ammunition, or implements of war, except
small arms and ammunition therefor which the President may deem
necessary and shall publicly designate for the preservation of discipline aboard such vessels.
"REGULATIONS
"SEC. 11. The President may, from time to time, promulgate such
rules and regulations, not inconsistent with law, as may be necessary
and proper to carry out any of the provisions of this Act; and he may
exercise any power or authority conferred on him by this Act through
such officer or officers, or agency or agencies, as he shall direct,
"GENERAL PENALTY PROVISION
"SEC. 12. In every case of the violation of any of the provisions of
this Act or of any rule or regulation issued pursuant thereto where a
specific penalty is not herein provided, such violator or violators, upon
conviction, shall be fined not more than $10,000, or imprisoned not
more than five years, or both.
"DEFINITIONS
"SEC. 13. For the purposes of this Act"(a) The term 'United States', when used in a geographical sense,
includes the several States and Territories, the insular possessions of
the United States (including the Philippine Islands), the Canal Zone,
and the District of Columbia
"(b) The term 'person' includes a partnership, company, association, or corporation, as well as a natural person,
"(c) The term 'vessel' means every description of watercraft
(including aircraft) or other contrivance used, or capable of being
used, as a means of transportation on, under, or over water.
[PUB. 27.)
"(d) The term 'American vessel' means any vessel (including aircraft) documented under the laws of the United States,
"(e) The term 'vehicle' means every description of carriage (includaircraft) or other contrivance used, or capable of being used, as
ing
a means of transportation on or over land.
"(f) The term 'state' shall include nation, government. and country.
"SEPARABILITY OF PROVISIONS
"SEC. 14. If any of the provisions of this Act, or the application
thereof to any person or circumstance, is held invalid, the remainder
of the Act, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
"APPROPRIATIONS
"SEC. 15. There is hereby authorized to be appropriated from time
to time, out of any money in the Treasury not otherwise appropriated,
such amounts as may be necessary to carry out the provisions and
accomplish the purposes of this Act."
Approved, May 1, 1937, 6.30 p. m., Central Standard Time.
247
[PUBLIC RESOLUTION-No. 54-76TH CONGRESS]
[CHAPTER 2-2D SESSION]
[H. J. Res. 306]
JOINT RESOLUTION
To preserve the neutrality and the peace of the United States and to secure the
safety of its citizens and their interests
Whereas the United States, desiring to preserve its neutrality in
wars between foreign states and desiring also to avoid involvement
therein, voluntarily imposes upon its nationals by domestic legislation
the restrictions set out in this joint resolution: and
Whereas by so doing the United States waives none of its own
rights or privileges, or those of any of its nationals, under international law, and expressly reserves all the rights and privileges to
which it and its nationals are entitled under the law of nations: and
Whereas the United States hereby expressly reserves the right to
repeal, change or modify this joint resolution or any other domestic
legislation in the interests of the peace, security or welfare of the
United States and its people: Therefore be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
PROCLAMATION OF A STATE OF WAR BETWEEN FOREIGN STATES
SECTION 1. (a) That whenever the President, or the Congress by
concurrent resolution, shall find that there exists a state of war
between foreign states, and that it is necessary to promote the security or preserve the peace of the United States or to protect the lives
of citizens of the United States, the President shall issue a proclamation naming the states involved; and he shall, from time to time,
by proclamation, name other states as and when they may become
involved in the war.
(b) Whenever the state of war which shall have caused the Presi-
dent to issue any proclamation under the authority of this section
shall have ceased to exist with respect to any state named in such
proclamation, he shall revoke such proclamation with respect to such
state,
COMMERCE WITH STATES ENGAGED IN ARMED CONFLICT
SEC. 2. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a) it shall thereafter be unlawful for any American vessel to carry any passengers or any articles
or materials to any state named in such proclamation.
(b) Whoever shall violate any of the provisions of subsection (a)
of this section or of any regulations issued thereunder shall, upon
conviction thereof, be fined not more than $50,000 or imprisoned for
not more than five years, or both. Should the violation be by a
2
3
(PUB
corporation, organization, or association, each officer or director
thereof
participating in the violation shall be liable to the penalty
herein
prescribed.
(c) Whenever the President shall have issued a proclamation
under the authority of section 1 (a) it shall thereafter be unlawful
to export or transport, or attempt to export or transport, or cause
to be exported or transported, from the United States to any state
named in such proclamation, any articles or materials (except copy.
righted articles or materials) until all right, title, and interest therein
shall have been transferred to some foreign government, agency,
institution, association. partnership, corporation, or national. Issu.
ance of a bill of lading under which title to the articles or materials
to be exported or transported passes to a foreign purchaser unconditionally upon the delivery of such articles or materials to a carrier,
shall consti.ute a transfer of all right, title, and interest therein
within the meaning of this subsection. The shipper of such articles
or materials shall be required to file with the collector of the port
from or through which they are to be exported a declaration under
oath that he has complied with the requirements of this subsection
with respect to transfer of right, title, and interest in such articles
or materials, and that he will comply with such rules and regulations
as shall be promulgated from time to time. Any such declaration
so filed shall be a conclusive estoppel against any claim of any citizen
of the United States of right, title, or interest in such articles or
materials, if such citizen had knowledge of the filing of such declaration; and the exportation or transportation of any articles or materials
without filing the declaration required by this subsection shall be a
conclusive estoppel against any claim of any citizen of the United
States of right, title. or interest in such articles or materials, if such
citizen had knowledge of such violation, No loss incurred by any
such citizen (1) in connection with the sale or transfer of right, title,
and interest in any such articles or materials or (2) in connection with
the exportation or transportation of any such copyrighted articles or
materials, shall be made the basis of any claim put forward by the
Government of the United States.
(d) Insurance written by underwriters on articles or materials
included in shipments which are subject to restrictions under the
provisions of this joint resolution, and on vessels carrying such shipments shall not be deemed an American interest therein, and no
insurance policy issued on such articles or materials, or vessels, and
no loss incurred thereunder or by the owners of such vessels, shall
be made the basis of any claim put forward by the Government of
the United States.
(e) Whenever any proclamation issued under the authority of
section 1 (a) shall have been revoked with respect to any state the
provisions of this section shall thereupon cease to apply with respect
to such state, except as to offenses committed prior to such revocation
(f) The provisions of subsection (a) of this section shall not
apply to transportation by American vessels on or over lakes, rivers,
and inland waters bordering on the United States, or to transporta-
tion by aircraft on or over lands bordering on the United States;
and the provisions of subsection (c) of this section shall not apply
(1) to such transportation of any articles or materials other than
articles listed in a proclamation referred to in or issued under the
authority of section 12 (i), or (2) to any other transportation on
or over lands bordering on the United States of any articles or materials other than articles listed in a proclamation referred to in or
issued under the authority of section 12 (i) and the provisions of
subsections (a) and (c) of this section shall not apply to the transportation referred to in this subsection and subsections (g) and
(h) of any articles or materials listed in a proclamation referred to
in or issued under the authority of section 12 (i) if the articles
or materials so listed are to be used exclusively by American vessels,
aircraft, or other vehicles in connection with their operation and
maintenance.
(g) The provisions of subsections (a) and (c) of this section
shall not apply to transportation by American vessels (other than
aircraft) of mail, passengers, or any articles or materials (except
articles or materials listed in a proclamation referred to in or issued
under the authority of section 12 (i)) (1) to any port in the Western
Hemisphere south of thirty-five degrees north latitude, (2) to any
port in the Western Hemisphere north of thirty-five degrees north
latitude and west of sixty-six degrees west longitude, (3) to any port
on the Pacific or Indian Oceans, including the China Sea, the Tasman
Sea, the Bay of Bengal, and the Arabian Sea, and any other dependent waters of either of such oceans, seas, or bays, or (4) to any port
on the Atlantic Ocean or its dependent waters south of thirty degrees
north latitude. The exceptions contained in this subsection shall not
apply to any such port which is included within a combat area as
defined in section 3 which applies to such vessels.
(h) The provisions of subsections (a) and (c) of this section shall
not apply to transportation by aircraft of mail, passengers, or any
articles or materials (except articles or materials listed in a proclamation referred to in or issued under the authority of section 12 (i))
(1) to any port in the Western Hemisphere, or (2) to any port on the
Pacific or Indian Oceans, including the China Sea, the Tasman Sea,
the Bay of Bengal, and the Arabian Sea, and any other dependent
waters of either of such oceans, seas, or bays. The exceptions contained in this subsection shall not apply to any such port which is
included within a combat area as defined in section 3 which applies
to such aircraft
(i) Every American vessel to which the provisions of subsections
(g) and (h) apply, and every neutral vessel to which the provisions
of subsection (1) apply, shall. before departing from a port or from
the jurisdiction of the United States, file with the collector of customs
of the port of departure, or if there is no such collector at such
port then with the nearest collector of customs, a sworn statement
(1) containing a complete list of all the articles and materials carried
as cargo by such vessel, and the names and addresses of the consignees
of all such articles and materials, and (2) stating the ports at which
such articles and materials are to be unloaded and the ports of call
of such vessel. All transportation referred to in subsections (f),
(g), (h), and (1) of this section shall be subject to such restrictions,
rules, and regulations as the President shall prescribe; but no loss
incurred in connection with any transportation excepted under the
provisions of subsections (g), (h), and (1) of this section shall
be
4
5
PUB.
made
basis of any claim put forward by the Government of the
United the
States
(j) Whenever all proclamations issued under the authority of
(f), (g), (h), (i), and (1) of this section shall expire.
(k) The provisions of this section shall not apply to the current
section 1 (a) shall have been revoked, the provisions of subsections
voyage of any American vessel which has cleared for a foreign
port
and has departed from a port or from the jurisdiction of the United
States in advance of (1) the date of enactment of this joint resolu-
tion or (2) any proclamation issued such date under the author.
ity of section 1 (a) of this joint resolution; but any such vessel shall
proceed at its own risk after either of such dates, and no loss incurred
111 connection with any such vessel or its cargo after either of such
dates shall be
made
theStates.
basis of any claim put forward by the
Government
of the
United
(1) The provisions of subsection (c) of this section shall not apply
to the transportation by a neutral vessel to any port referred to in
subsection (g) of this section of any articles or materials (except
articles or materials listed in a proclamation referred to in or issued
under the authority of section 12 (i) so long as such port is not
included
within a combat area as defined in section 3 which applies
to American vessels.
COMBAT AREAS
SEC. 3. (a) Whenever the President shall have issued a proclamation
under the authority of section 1 (a), and he shall thereafter find
that the protection of citizens of the United States so requires, he
shall, by proclamation, define combat areas, and thereafter it shall
be unlawful, except under such rules and regulations as may be prescribed, for any citizen of the United States or any American vessel
to proceed into or through any such combat area. The combat areas
so defined may be made to apply to surface vessels or aircraft, or
both.
(b) In case of the violation of any of the provisions of this section
by any American vessel, or any owner or officer thereof, such vessel,
owner, or officer shall be fined not more than $50,000 or imprisoned
for not more than five years. or both. Should the owner of such
vessel be a corporation, organization, or association, each officer or
director participating in the violation shall be liable to the penalty
hereinabove prescribed. In case of the violation of this section by
any citizen traveling as a passenger, such passenger may be fined not
more than $10,000 or imprisoned for not more than two years, or
both.
(c) The President may from time to time modify or extend any
proclamation issued under the authority of this section. and when
the conditions which shall have caused him to issue any such proclama-
tion shall have ceased to exist he shall revoke such proclamation
and the provisions of this section shall thereupon cease to apply,
except as to offenses committed prior to such revocation.
AMERICAN RED CROSS
SEC. 4. The provisions of section 2 (a) shall not prohibit the transportation by vessels under charter or other direction and control of
the American Red Cross, proceeding under safe conduct granted by
states named in any proclamation issued under the authority of section
1 (a), of officers and American Red Cross personnel, medical personnel, and medical supplies, food, and clothing, for the relief of human
suffering.
TRAVEL ON VESSELS OF BELLIGERENT STATES
SEC. 5. (a) Whenever the President shall have issued a proclamation
under the authority of section 1 (a) it shall thereafter be unlawful
for any citizen of the United States to travel on any vessel of any
state named in such proclamation, except in accordance with such
rules and regulations as may be prescribed.
(b) Whenever any proclamation issued under the authority of
section 1 (a) shall have been revoked with respect to any state the
provisions of this section shall thereupon cease to apply with respect
to such state, except as to offenses committed prior to such revocation.
ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED
SEC. 6. Whenever the President shall have issued a proclamation
under the authority of section 1 (a), it shall thereafter be unlawful,
until such proclamation is revoked, for any American vessel, engaged
in commerce with any foreign state to be armed, except with small
arms and ammunition therefor, which the President may deem necessary and shall publicly designate for the preservation of discipline
aboard any such vessel.
FINANCIAL TRANSACTIONS
SEC. 7. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a), it shall thereafter be
unlawful for any person within the United States to purchase, sell,
or exchange bonds, securities, or other obligations of the government
of any state named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf
of the government of any such state, or political subdivision thereof,
issued after the date of such proclamation, or to make any loan or
extend any credit (other than necessary credits accruing in connection with the transmission of telegraph, cable, wireless and telephone
services) to any such government, political subdivision, or person.
The provisions of this subsection shall also apply to the sale by any
person within the United States to any person in a state named in any
such proclamation of any articles or materials listed in a proclamation
referred to in or issued under the authority of section 12 (i).
(b) The provisions of this section shall not apply to a renewal or
adjustment of such indebtedness as may exist on the date of such
proclamation.
(c) Whoever shall knowingly violate any of the provisions of this
section or of any regulations issued thereunder shall, upon conviction
thereof, be fined not more than $50,000 or imprisoned for not more
than five years, or both. Should the violation be by a corporation,
organization, or association, each officer or director thereof participat-
ing in the violation shall be liable to the penalty herein prescribed.
6
7
(PUR Rea s
(d) Whenever any proclamation issued under the authority of sec.
tion 1 (a) shall have been revoked with respect to any state the provi.
sions of this section shall thereupon cease to apply with respect to such
state. except as to offenses committed prior to such revocation.
SOLICITATION AND COLLECTION OF FUNDS AND CONTRIBUTIONS
SEC. 8. (a) Whenever the President shall have issued a proclamation under the authority of section 1 (a), it shall thereafter be
unlawful for any person within the United States to solicit or receive
any contribution for or on behalf of the government of any State
named in such proclamation or for or on behalf of any agent or
instrumentality of any such state.
(b) Nothing in this section shall be construed to prohibit the
solicitation or collection of funds and contributions to be used for
medical aid and assistance, or for food and clothing to relieve human
suffering. when such solicitation or collection of funds and contributions is made on behalf of and for use by any person or organization
which is not acting for or on behalf of any such government, but all
such solicitations and collections of funds and contributions shall be
in accordance with and subject to such rules and regulations as may
be prescribed.
(e) Whenever any proclamation issued under the authority of seetion 1 (a) shall have been revoked with respect to any state the provisions of this section shall thereupon cease to apply with respect to
such state, except as to offenses committed prior to such revocation,
AMERICAN REPUBLICS
SEC. 9. This joint resolution (except section 12) shall not apply to
any American republic engaged in war against a non-American state
or states, provided the American republic is not cooperating with a
non-American state or states in such war.
RESTRICTIONS ON USE OF AMERICAN PORTS
SEC. 10. (a) Whenever, during any war in which the United
States is neutral, the President, or any person thereunto authorized
by him. shall have cause to believe that any vessel, domestic or
foreign, whether requiring clearance or not, is about to carry out of
a port or from the jurisdiction of the United States, fuel, men, arms,
ammunition, implements of war, supplies, dispatches. or information
to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 1 (a), but the evidence
is not deemed sufficient to justify forbidding the departure of the
vessel as provided for by section 1, title V, chapter 30, of the Act
approved June 15, 1917 (40 Stat. 217. 221: U. S. C., 1934 edition,
title 18, sec. 31). and if, in the President's judgment, such action will
serve to maintain peace between the United States and foreign states,
or to protect the commercial interests of the United States and its
citizens, or to promote the security or neutrality of the United States,
he shall have the power, and it shall be his duty. to require the owner,
master, or person in command thereof, before departing from a port
or from the jurisdiction of the United States, to give a bond to the
United States, with sufficient sureties, in such amount as he shall
deem proper, conditioned that the vessel will not deliver the men, or
any fuel, supplies, dispatches, information, or any part of the cargo,
to any warship, tender, or supply ship of a state named in a proclamation issued under the authority of section 1 (a).
(b) If the President, or any person thereunto authorized by him,
shall find that a vessel, domestic or foreign, in a port of the United
States, has previously departed from a port or from the jurisdiction
of the United States during such war and delivered men, fuel, sup
plies, dispatches, information, or any part of its cargo to a warship,
tender, or supply ship of a state named in a proclamation issued
under the authority of section 1 (a), he may prohibit the departure
of such vessel during the duration of the war.
(c) Whenever the President shall have issued a proclamation under
section 1 (a) he may, while such proclamation is in effect, require
the owner, master. or person in command of any vessel, foreign or
domestic, before departing from the United States, to give a bond
to the United States, with sufficient sureties, in such amount as he
shall deem proper, conditioned that no alien seaman who arrived on
such vessel shall remain in the United States for a longer period than
that permitted under the regulations, as amended from time to time,
issued pursuant to section 33 of the Immigration Act of February 5.
1917 (U. S. C., title 8. sec. 168). Notwithstanding the provisions of
said section 33, the President may issue such regulations with respect
to the landing of such seamen as he deems necessary to insure their
departure either on such vessel or another vessel at the expense of
such owner, master, or person in command.
SUBMARINES AND ARMED MERCHANT VESSELS
SEC. 11. Whenever, during any war in which the United States is
neutral, the President shall find that special restrictions placed on
the use of the ports and territorial waters of the United States by the
submarines or armed merchant vessels of a foreign state will serve to
maintain peace between the United States and foreign states, or to
protect the commercial interests of the United States and its citizens,
or to promote the security of the United States, and shall make proclamation thereof. it shall thereafter be unlawful for any such submarine
or armed merchant vessel to enter a port or the territorial waters of
the United States or to depart therefrom, except under such conditions
and subject to such limitations as the President may prescribe. Whenever. in his judgment, the conditions which have caused him to issue
his proclamation have ceased to exist. he shall revoke his proclamation
and the provisions of this section shall thereupon rease to apply,
except as to offenses committed prior to such revocation.
NATIONAL MUNITIONS CONTROL BOARD
SEC. 12. (a) There is hereby established a National Munitions Con-
trol Board (hereinafter referred to as the "Board") The Board shall
consist of the Secretary of State, who shall be chairman and executive
officer of the Board, the Secretary of the Treasury, the Secretary of
War, the Secretary of the Navy, and the Secretary of Commerce
Except as otherwise provided in this section. or by other law. the
administration of this section is vested in the Secretary of State.
8
(PUB 54.)
The Secretary of State shall promulgate such rules and regulations
with regard to the enforcement of this section as he may deem neces.
sary to carry out its provisions. The Board shall be convened by the
chairman and shall hold at least one meeting a year.
(b) Every person who engages in the business of manufacturing,
exporting, or importing any arms, ammunition, or implements of war
listed in a proclamation referred to in or issued under the authority
of subsection (i) of this section, whether as an exporter, importer,
manufacturer, or dealer, shall register with the Secretary of State
his name, or business name, principal place of business, and places
of business in the United States, and a list of the arms, ammunition,
and implements of war which he manufactures, imports, or exports.
(c) Every person required to register under this section shall
notify the Secretary of State of any change in the arms, ammunition, or implements of war which he exports, imports, or manufactures; and upon such notification the Secretary of State shall issue
to such person an amended certificate of registration, free of charge,
which shall remain valid until the date of expiration of the original
certificate. Every person required to register under the provisions
of this section shall pay a registration fee of $100. Upon receipt
of the required registration fee, the Secretary of State shall issue a
registration certificate valid for five years, which shall be renewable
for further periods of five years upon the payment for each renewal
of a fee of $100; but valid certificates of registration (including
amended certificates) issued under the authority of section 2 of the
joint resolution of August 31, 1935, or section 5 of the joint resolution
of August 31, 1935, as amended, shall, without payment of any
additional registration fee, be considered to be valid certificates of
registration issued under this subsection, and shall remain valid for
the same period as if this joint resolution had not been enacted.
(d) It shall be unlawful for any person to export, or attempt to
export, from the United States to any other state, any arms, ammunition, or implements of war listed in a proclamation referred to in or
issued under the authority of subsection (i) of this section, or to
import, or attempt to import, to the United States from any other
state, any of the arms, ammunition, or implements of war listed in any
such proclamation, without first having submitted to the Secretary of
State the name of the purchaser and the terms of sale and having
obtained a license therefor.
(e) All persons required to register under this section shall main-
tain, subject to the inspection of the Secretary of State, or any
person or persons designated by him, such permanent records of
manufacture for export, importation, and exportation of arms,
ammunition, and implements of war as the Secretary of State shall
prescribe.
(f) Licenses shall be issued by the Secretary of State to persons
who have registered as herein provided for, except in cases of export
or import licenses where the export of arms, ammunition, or imple-
ments of war would be in violation of this joint resolution or any
other law of the United States, or of a treaty to which the United
States is a party, in which cases such licenses shall not be issued: but
a valid license issued under the authority of section 2 of the joint
resolution of August 31, 1935, or section 5 of the joint resolution of
(PUB M.I
9
August 31, 1935, as amended, shall be considered to be a valid license
issued under this subsection, and shall remain valid for the same
period as if this joint resolution had not been enacted.
(g) No purchase of arms, ammunition, or implements of war shall
made on behalf of the United States by any officer, executive
department, or independent establishment of the Government from
any person who shall have failed to register under the provisions
of this joint resolution.
(h) The Board shall make a report to Congress on January 3 and
July 3 of each year, copies of which shall be distributed as are other
reports transmitted to Congress. Such reports shall contain such
information and data collected by the Board as may be considered
be
of value in the determination of questions connee ed with the control
of trade in arms, ammunition, and implements of war, including the
name of the purchaser and the terms of sale made under any such
license. The Board shall include in such reports a list of all persons
required to register under the provisions of this joint resolution, and
full information concerning the licenses issued hereunder, including
the name of the purchaser and the terms of sale made under any such
license.
(i) The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which
shall be considered arms, ammunition, and implements of war for
the purposes of this section: but the proclamation Numbered 2237,
of May 1, 1937 (50 Stat. 1834), defining the term "arms, ammunition,
and implements of war" shall, until it is revoked, have full force and
effect as if issued under the authority of this subsection.
REGULATIONS
SEC. 13. The President may, from time to time, promulgate such
rules and regulations, not inconsistent with law, as may be necessary
and proper to carry out any of the provisions of this joint resolution;
and he may exercise any power or authority conferred on him by
this joint resolution through such officer or officers, or agency or
agencies, as he shall direct.
UNLAWFUL USE OF THE AMERICAN FLAG
SEC. 14. (a) It shall be unlawful for any vessel belonging to or
operating under the jurisdiction of any foreign state to use the flag
of the United States thereon, or to make use of any distinctive signs
or markings, indicating that the same is an American vessel.
(b) Any vessel violating the provisions of subsection (a) of this
section shall be denied for a period of three months the right to enter
the ports or territorial waters of the United States except in cases of
force majeure.
GENERAL PENALTY PROVISION
SEC. 15. In every case of the violation of any of the provisions of
this joint resolution or of any rule or regulation issued pursuant
thereto where a specific penalty is not herein provided, such violator
or violators, upon conviction, shall be fined not more than $10,000,
or imprisoned not more than two years, or both.
10
[Pus REA 54.1
DEFINITIONS
SEC. 16. For the purposes of this joint resolution(a) The term "United States". when used in a geographical sense,
includes the several States and Territories, the insular possessions of
the United States (including the Philippine Islands), the Canal
Zone, and the District of Columbia.
(b) The term "person" includes a partnership, company, associa.
tion, or corporation, as well as a natural person.
(c) The term "vessel" means every description of watercraft and
aircraft
capable of being used as a means of transportation on, under,
or over water.
(d) The term "American vessel" means any vessel documented,
and
any aircraft registered or licensed, under the laws of the United
States.
(e) The term "state" shall include nation, government, and country.
(f) The term "citizen" shall include any individual owing allegiance
to the United States, a partnership, company, or association composed
in whole or in part of citizens of the United States, and any corporation organized and existing under the laws of the United States as
defined in subsection (a) of this section.
SEPARABILITY OF PROVISIONS
SEC. 17. If any of the provisions of this joint resolution, or the
application thereof to any person or circumstance, is held invalid, the
remainder of the joint resolution, and the application of such provision to other persons or circumstances, shall not be affected thereby.
APPROPRIATIONS
SEC. 18. There is hereby authorized to be appropriated from time
to time, out of any money in the Treasury not otherwise appropriated,
such amounts as may be necessary to carry out the provisions and
accomplish the purposes of this joint resolution.
REPEALS
SEC. 19. The joint resolution of August 31, 1935, as amended, and
the joint resolution of January 8, 1937, are hereby repealed: but
offenses committed and penalties, forfeitures, or liabilities incurred
under either of such joint resolutions prior to the date of enactment of this joint resolution may be prosecuted and punished,
and suits and proceedings for violations of either of such joint resolutions or of any rule or regulation issued pursuant thereto may be
commenced and prosecuted, in the same manner and with the same
effect as if such joint resolutions had not been repealed.
SHORT TITLE
SEC. 20. This joint resolution may be cited as the "Neutrality Act
of 1939".
Approved, November 4, 1939, 12:04 p. m.
B
COPY
248
On November 30, 1939, a conference was hold in the office
of Judge Moore, Counseler of the Department of State. Senstor Key
Pittmen, Chairman of the Foreign Relations Committee of the Senate
was present at this mosting. The others present weres Mr. Hackworth,
Solicitor of the Department of States Mr. Savage of the Department of
State) Mr. Triable, Solicitor of the Department of Commerces Capt, Sweet
of the Department of Commerce; Judge Townsend, Acting Solicitor General;
Mr. Feidler of the General Counsel's office, Treasury Departments and
Mr. Gairns, Assistant General Counsel for the Department of the
Treasury. The conference resulted from a suggestion by Judge Hoore
that it would be wise to secure Senator Pittman's views on various
questions which were being considered by the various departments
represented. On Judge Moore's invitation, Senator Pittman was present.
The following questions were put, and the answers given thereto, as
shown below, were agreed upon by all those presents
1. May goods consigned and waybilled to a noutral be carried via a
belligerent part other than one exempted by 2(g) (whether to be
there unloaded and transshipped or not) without transfer of title
under 2(a)1
ANSo No.
2. May goods consigned and mybilled to a belligerent be carried to
a noutral jort to be there unloaded and transshipped without
transfer of title under 2(a)?
ANS# No, except as permitted by 2(g) and 2(1).
3. May American ships carry goods or passengers to a noutral port via
a belligement port other than one exempted by 2(g) if no unloading
or disembarking is to be done in the bolligerent part?
ANSO No.
-2-
249
4. May goods consigned and waybilled to a noutral be carried by an
American ship to a belligerent port other than one excepted by
2(g) to be there unloaded and transshipped?
ANS: No.
5. May arms and commitions my billed and consigned to a neutral be
carried by an American vessel to ADX belligerent port to be there
unloaded and trensshipped?
ANSI No.
6. May goods consigned and waybilled to a belligerent be carried by
an American ship to a neutral port not in a combat area to be
there unloaded and transshipped?
ANS# No, unless the goods are consigned to a 2(g) area. (Judge
Townsend of the Department of Justice said that he did believe, however, that goods consigned to Great Britain night
be carried by American vessels from American ports on the
Great Lakes to Ganadian ports on the Great Lakes.)
Judge Townsend stated that he would send a memorendum, to
the Treasury Department, Department of Commerce, and the Department
of State, stating the questions and giving the answers as agreed upon,
and that he would state in that memorandum that the answers represented
the views of the Department of Justice.
Senator Pittman stated that the word "earry" used in section
2(a) of the Neutrality Act of 1939 and the word *transport used in
section 2(0) were synonymous. He stated that the only reason for
using different language was that in one case the Foreign Relations
Committee had in mind particularly passengers while in the other case
they had in mind particularly goods. He stated that in common parlance
one usually refers to the carriage of passengers but to the transportation
of goods.
250
On the questions whether there was a transportation OF
carriage to a belligerent country when a ship morely put in at a
port of a belligerent country without unlading cargo or letting off
passengers, Senator Pittern was emphatically of the opinion that
there was such carriage OF transportation. He pointed out that the
passengers and goods were as likely to be in danger in the case
where they were not let off the vessel in the belligerent port as
where they were let off.
Senator Pittmen said that in any place in the Act where
any doubt night appear as to the intention of the Congress, the policy
of interpretation should be to apply the test of what interpretation
was the least likely to get the United States involved in the var.
He stated that the policy of the Congress was to enact a law which
would forestall any situation arising in which the United States
would have to make strong representations to any belligerent or as
a result of which public opinion in the United States might be
aroused.
With regard to shipments consigned to persons in bellig-
erent countries, he took the position that no United States vessel
should carry such goods to any port, neutral or belligerent. He put
the case of goods carried in an American vessel from New York to the
Panama Canal Zone but consigned to England, the goods to be picked
up by a British merchantman in the Canal Zone. He stated that it
was his opinion that such carriage by an American vessel was prohi-
bited by section 2(a) of the Neutrality Act of 1939.
251
-
with regard to giving advice on the application of the
Neutrality Act of 1939 to private persons, Senator Pitteen expressed
himself as being vigorously opposed to the executive departments
giving such advise. He said that most of the persons effected by
the Neutrality Act of 1939 were in a position to employ eminent down
sel to ascertain the meening of the Act. He said that as for as
possible the whole Act should be left to interpretation by the courts.
Senator Pittman pointed out that the Neutrality Act of 1939
was passed in the interests of pence, that at the time of its passage
the Congress realised that st would mean great interference with our
normal trade and commercial relations, and that the Congress was will-
ing to secrifice such commerce and trade in the interests of peace.
He pointed out that as originally drafted, the Sentrality Act of 1939
was much more rigorous then as finally passed. No said that the options which were made were as far as the Congress intended to go
in making exceptions. Senator Pittman said that he had little or no
sympathy with business non who were unwilling to bend their trade
practices to the peace policy of the Congress and that he thought it
would be a great mistake for the executive departments to bend the
peace policy of the Congress in on attempt to appease business non and
shippers. Judge Moore of the State Department said that he definitely
agreed with Senator Pittman on this point, He pointed out that it was
ridiculous to worry about the loss of a few dollars to some business
- when the stake involved was the peace and security of the United
252
States. He said that involvement in the war in Europe would poor
infinitely greater loss to both Government and business non than the
few dollars that might be lost by strict conformance to the Neutrality
Act of 1939 and by causing business non to bend to the pease policy
of the Congress.
Judge Tomsend said that the Attorney General of the United
States had told his that in all cases where the statute required any
interpretation, he should OFF on the side of safety
KHF/avp
Typeds 12/1/39
C
253
SCRIPTA
MANET
FEDERAL 4
REGISTER
1934
VOLUME
UNITED STATES
NUMBER 171
Washington, Wednesday, September 6, 1939
The President
law of nations, may thus be prevented
CONTENTS
by declare and proclaim that by certain
provisions of the act approved on the
THE PRESIDENT
from any violation of the same, do herePROCLAIMING THE NEUTRALITY OF THE
UNITED STATES IN THE WAR BETWEEN
GERMANY AND FRANCE; POLAND; AND THE
UNITED KINGDOM INDIA AUSTRALIA AND
NEW ZEALAND
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA
A PROCLAMATION
WHEREAS a state of war unhappily
exists between Germany and France: Po-
land; and the United Kingdom, India,
Australia and New Zealand
AND WHEREAS the United States is
on terms of friendship and amity with
the contending powers, and with the persons inhabiting their several dominions:
AND WHEREAS there are nationals of
United States residing within the
tories or dominions of each of the
said belligerents, and carrying on commerce, trade, or other business or pursuits therein:
AND WHEREAS there are nationals
of each of the said belligerents residing
within the territory or jurisdiction of the
United States, and carrying on commerce, trade, or other business or pursuits therein:
AND WHEREAS the laws and treatles
of the United States, without interfering
with the free expression of opinion and
sympathy, nevertheless impose upon all
persons who may be within their territory and jurisdiction the duty of an impartial neutrality during the existence of
the contest:
AND WHEREAS it is the duty of a
neutral government not to permit or
suffer the making of its territory or tertal waters subservient to the puruses of war:
NOW. THEREFORE, L FRANKLIN D.
ROOSEVELT. President of the United
States of America, in order to preserve
the neutrality of the United States and
of its citizens and of persons within its
territory and jurisdiction, and to enforce
its laws and treaties, and in order that
all persons, being warned of the general
4th day of March, A. D. 1909, commonly
known as the "Penal Code of the United
Proclamation:
Page
States" and of the act approved on the
Proclaiming neutrality of United
States in the war between
15th day of June, A. D. 1917. the following acts are forbidden to be done, under
severe penalties, within the territory and
Kingdom, India, Australia
jurisdiction of the United States, to wit:
1. Accepting and exercising a commission to serve one of the said belligerents
by land or by sea against an opposing
belligerent.
2. Enlisting or entering into the service
of a belligerent as a soldier, or as a
marine, or seaman on board of any ship
of war, letter of marque, or privateer.
3. Hiring or retaining another person
to enlist or enter himself in the service
of a belligerent as a soldier, or as a
marine, or seaman on board of any ship
of war. letter of marque, or privateer.
4. Hiring another person to go beyond
the limits or jurisdiction of the United
States with intent to be enlisted as
aforesaid
5. Hiring another person to go beyond
the limits or jurisdiction of the United
States with intent to be entered into
service as aforesaid
6. Retaining another person to go be-
yond the limits or jurisdiction of the
United States to be enlisted as aforesaid.
Germany and France:
Poland: and the United
and New Zealand
Control of the Panama Canal
and the Canal Zone
United States with intent to be entered
into service as aforesaid (But the said
act of the 4th day of March, A. D. 1909,
as amended by the act of the 15th day of
June, A. D. 1917, is not to be construed
to extend to a citizen or subject of a belligerent who, being transiently within the
jurisdiction of the United States, shall
on board of any ship of war, which, at the
time of its arrival within the jurisdiction
of the United States, was fitted and
equipped as such ship of war, enlist or
enter himself or hire or retain another
subject or citizen of the same belligerent,
tenor of the laws and treaties of the
who is transiently within the jurisdiction
of the United States, to enlist or enter
United States in this behalf, and of the
himself to serve such belligerent on board
3812
RULES, REGULATIONS,
ORDERS
TITLE 14 -CIVIL AVIATION:
Civil Aeronautics Authority:
Amber Civil Airway No. 1. air-
way traffic control area
designation revised
3812
TITLE COMMERCIAL PRACTICES:
Federal Trade Commission:
Joseph Dixon Crucible Co., et
al. cease and desist or-
der
3812
TITLE 33-NAVIGATION AND NAVIGABLE WATERS:
Bureau of Marine Inspection
and Navigation:
Entry and clearance of aircraft, regulations amend3814
ed
War Department:
Honolulu Harbor, dumping
grounds regulations
7. Retaining another person to go be-
yond the limits or jurisdiction of the
3809
Executive Order:
3813
NOTICES
Civil Aeronautics Authority:
Trans-Southern Airlines, Inc.,
Braniff Airways, Inc., hearing postponed
3816
Department of the Interior:
Bituminous Coal Division:
Exemption renewals granted:
Inland Steel Co.
3814
Norfolk and Western Railway Co
3815
Department of Labor:
Wage and Hour Division:
Freezer, J. & Son, Inc., issuance of special certif-
leate for employment of
learners
(Continued on next page)
3815
3810
FEDERAL REGISTER, Wednesday, September 6, 1939
FEDERAL
REGISTER
10. Increasing or augmenting, or procuring to be increased or augmented, or
knowingly being concerned in increasing
or augmenting the force of any ship of
war, cruiser, or other armed vessel, which
at the time of Ber arrival within the ju-
risdiction of the United States was a ship
the authority contained in the Federal
of war, cruiser, or armed vessel in the
service of a belligerent, or belonging to
a national thereof, by adding to the num-
Stat. L. 500). under regulations prescribed
ber of guns of such vessel, or by changing
those on board of her for guns of a larger
Published by the Division of the Federal
Register The National Archives. pursuant to
Register Act. approved July 26, 1935 (49
by the Administrative Committee with the
approval of the President.
The Administrative Committee consists of
the Archivist or Acting Archivist, an officer
of the Department of Justice designated by
the Attorney General and the Public Printer
or Acting Public Printer.
The daily issue of the FEDERAL REGISTER
will be furnished by mail to subscribers, free
of postage, for 81 per month or $10 per year:
single copies 10 cents each; payable in ad.
vance. Remit by money order payable to
Superintendent of Documents, Government
Printing Office. Washington, C.
Correspondence concerning the publica.
tion of the FEDERAL REGISTER should be ad-
dressed to the Director, Division of the
Federal Register, The National Archives,
Washington, D. c.
CONTENTSContinued
Page
Matheson Radio Co., Inc.
(WHDH), hearing
3816
Securities and Exchange ComAmerican Gas and Power Co.
and Birmingham Gas Co.,
payment of fees and ex3816
ings:
Arkansas Louisiana Gas Co.,
Arkansas Natural Gas
Corp
3817
3817
3816
United States Civil Service Com-
12. Despatching from the United
States, or any place subject to the juris-
diction thereof. any vessel, domestic or
foreign. which is about to carry to a warship. tender, or supply ship of a belligerent any fuel, arms, ammunition, men,
supplies, despatches, or information
shipped or received on board within the
jurisdiction of the United States.
States, or any place subject to the jurisdiction thereof, any armed vessel owned
wholly or in part by American citizens, or
any vessel, domestic or foreign (other
adapted from a private vessel to one suit-
able for warlike use, and which is to be
employed to cruise against or commit or
attempt to commit hostilities upon the
subjects, citizens, or property of a belligerent nation, or which will be sold or
delivered to a belligerent nation, or to an
agent, officer, or citizen thereof. within
the jurisdiction of the United States, or,
having left that jurisdiction, upon the
high seas.
mission:
14. Despatching from the United
Apportionment at close of business, August 31, 1939
of a belligerent.
purposes or has been converted or
Notice of and orders for hear-
Wisconsin Securities Co
Western States Utilities Co., effectiveness of declaration
territory or jurisdiction of the United
States against the territory or dominion
than one which has entered the jurisdiction of the United States as a public vessel). which is manifestly built for warlike
mission:
penses
foot or providing or preparing a means
for or furnishing the money for. or taking
part in, any military or naval expedition
or enterprise to be carried on from the
13. Despatching from the United
Federal Communications Commission:
caliber, or by the addition thereto of any
equipment solely applicable to war.
11. Knowingly beginning or setting on
3818
States, or any place subject to the jurisdiction thereof, any vessel built, armed.
or equipped as a ship of war, or converted
such ship of war, if the United States
shall then be at peace with such belligerent.)
8. Fitting out and arming, or attempting to fit out and arm, or procuring to be
fitted out and armed, or knowingly being
concerned in the furnishing, fitting out.
or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of one of the said
belligerents to cruise, or commit hostilities against the subjects, citizens, or property of an opposing belligerent.
9. Issuing or delivering a commission
within the territory or jurisdiction of the
United States for any ship or vessel to
the intent that she may be employed as
aforesaid.
from a private vessel into a ship of war
(other than one which has entered the
jurisdiction of the United States as a
public vessel, with any intent or under
any agreement or contract, written or
oral, that such vessel shall be delivered
to a belligerent nation, or to any agent,
officer, or citizen of such nation. or
where there is reasonable cause to believe
that the said vessel shall or will be employed in the service of such belligerent
nation after its departure from the jurisdiction of the United States.
15. Taking. or attempting or conspiring to take, or authorizing the taking of
any vessel out of port or from the jurisdiction of the United States in violation
of the said act of the 15th day of June.
A. D. 1917, as set forth in the preceding
paragraphs numbered 11 to 14 inclusive
16. Leaving or attempting to leave the
jurisdiction of the United States
person belonging to the armed lan
naval forces of a belligerent who shall
have been interned within the jurisdi
tion of the United States in accordance
with the law of nations, or leaving or
attempting to leave the limits of internment in which freedom of movement has
been allowed. without permission from
the proper official of the United States
in charge, or wilfully overstaying a leave
of absence granted by such official
17. Aiding or enticing any interned
person to escape or attempt to escape
from the jurisdiction of the United
States, or from the limits of internment
prescribed
AND I do hereby further declare and
proclaim that any frequenting and use
of the waters within the territorial jurisdiction of the United States by the
sels of a belligerent, whether public
or privateers for the purpose of pre-
paring for hostile operations, or as posts
of observation upon the ships of war ori
privateers or merchant vessels of an op-
posing belligerent must be regarded as
unfriendly and offensive. and in violation
of that neutrality which it is the deter-
mination of this government to observe:
and to the end that the hazard and in-
convenience of such apprehended prac-
tices may be avoided, I further proclaim
and declare that from and after the fifth
day of September instant, and so long
as this proclamation shall be in effect.
no ship of war or privateer of any bel
ligerent shall be permitted to make use
of any port, harbor, roadstead, or waters
subject to the jurisdiction of the United
States as a station or place of resort
for any warlike purpose or for the
pose of obtaining warlike equipment
privateer of a belligerent shall be permitted to depart from any port, harbor.
roadstead, or waters subject to the juris-
diction of the United States: and no ship
of war of a belligerent shall be permitted
to sail out of or leave any port, harbor,
roadstead or waters subject to the jurisdiction of the United States from which
a vessel of an opposing belligerent
(whether the same shall be a ship of
war or a merchant ship) shall have previously departed, until after the expira-
tion of at least twenty-four hours from
the departure of such last mentioned
vessel beyond the jurisdiction of the
United States.
If any ship of war of a belligerent
shall, after the time this notification
takes effect, be found in. or shall enter
any port, harbor. roadstead, or waters
subject to the jurisdiction of the U
States, such vessel shall not be permitte
to remain in such port, harbor, roadstead
or waters more than twenty-four hours
except in case of stress of weather, or for
delay in receiving supplies or repairs, or
when detained by the United States: in
any of which cases the authorities of the
port, or of the nearest port (as the case
may be), shall require her to put to sea
as soon as the cause of the delay is at an
254
FEDERAL REGISTER, Wednesday, September 6, 1939
unless within the preceding twentyhours a vessel, whether ship of war
merchant ship of an opposing belerent, shall have departed therefrom.
which case the time limited for the
departure of such ship of war shall be
extended so far as may be necessary to
Secure an interval of not less than twenty.
four hours between such departure and
that of any ship of war or merchant ship
of an opposing belligerent which may
have previously quit the same port, harbor, roadstead, or waters.
Vessels used exclusively for scientific.
religious, or philanthropic purposes are
exempted from the foregoing provisions
as to the length of time ships of war may
remain in the ports, harbors, roadsteads,
or waters subject to the jurisdiction of the
United States.
The maximum number of ships of war
nging to a belligerent and its allies
with may be in one of the ports, harbors, or roadsteads subject to the jurisdiction of the United States simultaneously shall be three.
When ships of war of opposing belligerents are present simultaneously in the
same port, harbor. roadstead, or waters,
subject to the jurisdiction of the United
States, the one entering first shall depart
first, unless she is in such condition as to
warrant extending her stay. In any case
the ship which arrived later has the right
notify the other through the compe-
nt local authority that within twenty-
ur hours she will leave such port, harfor, roadstead, or waters, the one first
entering, however, having the right to
tepart within that time. If the one first
entering leaves, the notifying ship must
the United States, except for calls of dis-
tress and communications connected
with safe navigation or arrangements for
the arrival of the vessel within, or departure from, such harbors, ports, road-
steads, or waters, or passage through
such waters; provided that such communications will not be of direct material
aid to the belligerent in the conduct of
military operations against an opposing
belligerent. The radio of belligerent
merchant vessels may be sealed by the
authorities of the United States, and
such seals shall not be broken within the
jurisdiction of the United States except
by proper authority of the United States
No ship of war of a belligerent shall
be permitted, while in any port, harbor.
roadstead, or waters subject to the jurisdiction of the United States, to take in
any supplies except provisions and such
other things as may be requisite for the
subsistence of her crew in amounts necessary to bring such supplies to her peace
standard, and except such fuel. lubricants, and feed water only as may be
sufficient, with that already on board, to
carry such vessel, if without any sail
power. to the nearest port of her own
country: or in case a vessel is rigged to
go under sail, and may also be propelled
3811
the date, port, and amounts of supplies
last received in the jurisdiction of the
United States, the amounts of fuel, lubricants, feed water. and provisions on
board, the port to which the vessel is
proceeding. the economical speed of the
vessel, the rate of consumption of fuel,
lubricants, and feed water at such speed,
and the amount of each class of supplies
desired. If repairs are destred, a similar
declaration shall be furnished stating
the cause of the damage and the nature
of the repairs. In either case, a certificate shall be included to the effect that
the desired services are in accord with
the rules of the United States in that
behalf.
No agency of the United States Government shall, directly or indirectly, prqvide supplies nor effect repairs to a befligerent ship of war.
No vessel of a belligerent shall exercise
the right of search within the waters
under the jurisdiction of the United
States, nor shall prizes be taken by belligerent vessels within such waters. Sub-
ject to any applicable treaty provisions
in force, prizes captured by belligerent
vessels shall not enter any port, harbor,
roadstead, or waters under the jurisdiction of the United States except in case
by machinery. then half the quantity of
fuel, lubricants, and feed water which
of unseaworthiness, stress of weather, or
she would be entitled to have on board.
if dependent upon propelling machinery
cause has disappeared, the prize must
want of fuel or provisions; when the
leave immediately, and if a prize cap-
alone, and no fuel, lubricants, or feed
water shall be again supplied to any
such ship of war in the same or any
tured by a belligerent vessel enters any
port, harbor, roadstead, or waters sub-
other port, harbor. roadstead, OF waters
States for any other reason than on ac-
ject to the jurisdiction of the United
observe the prescribed interval of twenty-
hours. If a delay beyond twentyhours from the time of arrival is
subject to the jurisdiction of the United
States until after the expiration of three
months from the time when such fuel.
lubricants and feed water may have been
last supplied to her within waters sub-
count of unseaworthiness, stress of
weather. or want of fuel or provisions,
or fails to leave as soon as the circumstances which justified the entrance are at an end, the prize with its
granted, the termination of the cause of
delay will be considered the time of ar-
ject to the jurisdiction of the United
officers and crew will be released and the
States. The amounts of fuel, lubricants,
prize crew will be interned. A belligerent
departing.
above provisions shall be based on the
economical speed of the vessel, plus an
subject to the jurisdiction of the United
States or on a vessel in the ports, har-
rival in deciding the right of priority in
Vessels of a belligerent shall not be
permitted to depart successively from any
and feed water allowable under the
allowance of thirty per centum for
port, harbor, roadstead, or waters sub-
eventualities
States at such intervals as will delay the
departure of a ship of war of an opposing
permitted, while in any port, harbor,
ject to the jurisdiction of the United
belligerent from such ports, harbors,
roadsteads, or waters for more than
twenty-four hours beyond her desired
time of sailing. If. however, the de-
parture of several ships of war and merchant ships of opposing belligerents from
the same port, harbor. roadstead, or
aters is involved, the order of their deare therefrom shall be so arranged as
ford the opportunity of leaving alately to the vessels of the opposing
elligerents, and to cause the least deten-
tion consistent with the objects of this
proclamation.
All belligerent vessels shall refrain from
use of their radio and signal apparatus
while in the harbors, ports, roadsteads,
or waters subject to the jurisdiction of
No ship of war of a belligerent shall be
roadstead, or waters subject to the juris-
diction of the United States, to make
repairs beyond those that are essential to
render the vessel seaworthy and which
in no degree constitute an increase in
her military strength. Repairs shall be
made without delay. Damages which
are found to have been produced by the
enemy's fire shall in no case be repaired.
No ship of war of a belligerent shall
effect repairs or receive fuel, lubricants,
feed water, or provisions within the
Jurisdiction of the United States without
written authorization of the proper authorities of the United States. Before
such authorization will be issued, the
commander of the vessel shall furnish to
such authorities a written declaration,
duly signed by such commander, stating
Prize Court cannot be set up on territory
bors, roadsteads, or waters subject to
the jurisdiction of the United States.
The provisions of this proclamation
pertaining to ships of war shall apply
equally to any vessel operating under
public control for hostile or military
purposes.
AND I do further declare and proclaim
that the statutes and the treaties of the
United States and the law of nations
alike require that no person, within the
territory and jurisdiction of the United
States, shall take part, directly or indirectly, in the said war, but shall remain
at peace with all of the said belligerents,
and shall maintain a strict and impartial
neutrality.
AND I do further declare and proclaim
that the provisions of this proclamation
shall apply to the Canal Zone except in
so far as such provisions may be specifi-
cally modified by a proclamation or
proclamations, issued for the Canal Zone.
3812
FEDERAL REGISTER, Wednesday, September 6, 1939
AND I do hereby enjoin all nationals
of the United States, and all persons residing or being within the territory or
jurisdiction of the United States, to ob-
Rules, Regulations, Orders
serve the laws thereof. and to commit no
act contrary to the provisions of the said
statutes or treatles or in violation of the
law of nations in that behalf.
AND I do hereby give notice that all
nationals of the United States and others
who may claim the protection of this
government, who may misconduct themselves in the premises, will do so at their
peril, and that they can in no wise obtain any protection from the government
of the United States against the consequences of their misconduct
This proclamation shall continue in
full force and effect unless and until
modified, revoked or otherwise terminated. pursuant to law.
IN WITNESS WHEREOF. I have hereunto set my band and caused the seal of
the United States to be affixed
DONE at the city of Washington this
fifth day of September in the year of our
Lord nineteen hundred and
(SEAL)
thirty-nine and of the Independ-
ence of the United States of
America the one hundred and sixty.
fourth.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State,
(No. 23481
(F. R Doc. 39-3240; Filed, September 5. 1939:
3:54 p. m.)
TITLE 14-CIVIL AVIATION
CIVIL AERONAUTICS AUTHORITY
(Amendment No 25 of the Civil Air Regulations)
CONTROL OF THE PANAMA CANAL AND THE
CANAL ZONE
purtenances, including the entire control
and government of the Canal Zone; and,
while this order is in force, the Governor
of the Panama Canal shall, in all re-
spects and particulars as to the operation
of the Panama Canal and all duties,
matters and transactions affecting the
Canal Zone, be subject to the order and
direction of the Officer of the Army
herein designated.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE,
September 5. 1939.
(No. 82321
(P. R Doc. 39-3241; Filed, September 5. 1939:
5:57 p. m.]
the sale of comparable wood-cased lead
DESIGNATION AMBER CIVIL AIRWAY
No.
with pencils,(a) ardization each other program investigating with having respect as to consulting its a stand- objec-
of the
At a session of the Civil Aeronautics
Authority held at its office in Washing
ton, D. C., on the 1st day of September
1939.
wood-cased
and offered for
manufactured time qualities the limitation of styles, lead sale pencils by grades any
of the respondents, (b) reporting to The
Lead Pencil Association, Inc., its suc-
Acting pursuant to the authority vested
in it by the Civil Aeronautics Act/o 1938,
particularly sections 205 (a) and 601 (a)
cessors or assigns, or any other associa-
of said Act, and finding that action is
desirable in the public interest and is
such an association showing new orders
necessary to carry out the provisions of
and to exercise and perform its powers
and duties under said Act. the Civil Aero-
nautics Authority hereby amends the
Civil Air Regulations as follows:
Section 60.2410 of the Civil Air Regulations is amended to read as follows:
60.2410 Amber civil airway No. 1.
From the intersection of the center line
of the south let of the San Diego, Calif.
radio range and the U. .S.-Mexican border
(San Ysidro, Calif.) to a point 25 miles
south of the Medford, Oreg., radio range
station."
This amendment shall become effective
on and after 12:01 M., E. S. T., October
1, 1939.
(SEAL]
tion of lead pencil manufacturers,
monthly statistics by each member of
production for shipment, unfilled orders
and inventory of finished stock and c
ing said association to report to de
member thereof industry totals with the
individual percentage of any member of
such totals, (c) classifying the members
of The Lead Pencil Association, Inc., its
successors or assigns, or any other asso-
ciation of lead pencil manufacturers,
into different classes according to the
amount of business done by each respond-
ent member thereof annually, (d) having the Lead Pencil Association Inc., its
successors or assigns, or any other asso-
clation of lead pencil manufacturers,
William A. McDermid, or any other part
or parties connected with The Lead Pen
cil Association, Inc., its successors or as
signs, or any other association of lead
pencil manufacturers, supervise the acPAUL J. FRIZZELL
Secretary.
(P. R Doc. 39-3224: Filed September 2. 1939:
10:51 m.)
vested in and conferred upon me by sec-
all its adjuncts, appendants, and ap-
the purpose of effectuating any agree
ment or combination to fix or maintain
uniform prices in the United States for
or
By virtue of the power and authority
tion 8 of title 2 of the Canal Zone Code,
approved June 19, 1934 (48 Stat. 1122).
and as President of the United States.
it is hereby ordered that the Officer of
the Army commanding the United States
Troops stationed in the Canal Zone shall.
until otherwise ordered, assume and have
exclusive authority and jurisdiction over
the operation of the Panama Canal and
comparable wood-cased lead pencils
prospective purchasers thereof; or (6)
REVISING AIRWAY TRAFFIC CONTROL AREA
By the Authority
EXECUTIVE ORDER
neither name nor brand of manufacturer
appears; or (5) offering uniform bids
TITLE -COMMERCIAL PRACTICES
tivities of the members of such an asso-
clation: on the part of respondent corpotate pencil manufacturers, their
resentatives, etc. respondent Lead Pumin
Association Inc., or any other association
of lead pencil manufacturers. its officers,
etc., or respondent McDermid, president
FEDERAL TRADE COMMISSION
and commissioner of aforesaid association, or any other party, prohibited; sub-
Docket No. 3643
IN THE MATTER OF THE JOSEPH DIXON
vent the respondents, or any of them,
CRUCIBLE COMPANY KT AL.
from investigating or consulting with one
I 3.27 (d) Combining or conspiring
To enhance, maintain or unify prices.
By agreement or combination and in
connection with the offer, sale or distribution of wood-cased lead pencils in
commerce between and among the vavious states and in the District of Columbia, (1) fixing or maintaining uniform prices, terms or conditions for the
sale of comparable wood-cased lead pen-
cils: or (2) changing simultaneously the
prices at which comparable wood-cased
lead pencils are to be sold or are sold
or (3) adopting. fixing or determining
uniform schedules of quantity or annual
cumulative discounts on comparable
wood-cased lead pencils; or (4) fixing or
determining uniform prices of woodcased lead pencils known in the trade
as "blanks". 1. e., pencils upon which
ject to the provision that nothing in
aforesaid order shall be construed to pre-
another. for the purpose of attempting
to work out a simplification program for
the pencil industry. whether said investigation or consultation is done in conjune-
tion with the National Bureau of Standards, in accordance with the procedure
of said Bureau or amongst any or all of
respondents: and to further provisio
that such investigation or consultati
shall not be for the purpose of effect
ing any agreement or combination an
any or all of said respondents, to fix
maintain uniform prices on comparable
wood-cased lead pencils or to commit any
of the other acts or things from which
they are ordered herein to cease and desist. (Sec. 5, 38 Stat. 719, as amended by
Sec 3. 52 Stat. 112: 15 U.S.C., Supp. IV
sec 45b) [Cease and desist order, The
C-1
255
MANET
FEDERAL
REGISTER
1934
VOLUME 4
NUMBER 174
Washington, Saturday, September 9, 1939
The President
of America the one hundred and sixty-
CONTENTS
fourth.
THE PRESIDENT
FRANKLIN D ROOSEVELT
PROCLAIMING A NATIONAL EMERGENCY IN
CONNECTION WITH THE OBSERVANCE
SAFEGUARDING AND ENFORCEMENT OF
By the President:
CORDELL HULL
Secretary of State,
NEUTRALITY AND THE STRENGTHENING OF
(No. 2352)
THE NATIONAL DEFENSE WITHIN THE
LIMITS OF PEACE-TIME AUTHORIZATIONS
(F. R. Doc. 39-3296; Filed September 8. 1939:
1:16 p. m.)
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS a proclamation issued by
me on September 5. 1939, proclaimed
the neutrality of the United States in
the war now unhappily existing between
certain nations: and
WHEREAS this state of war imposes
the United States certain duties with
pect to the proper observance, safeguarding. and enforcement of such neu-
trality. and the strengthening of the
national defense within the limits of
peace-time authorizations: and
WHEREAS measures required at this
time call for the exercise of only a limited number of the powers granted in a
national emergency:
NOW, THEREFORE I, FRANKLIN
D. ROOSEVELT, President of the United
States of America do proglaim that a
national emergency exists in connection
with and to the extent necessary for the
proper observance. safeguarding and en-
forcing of the neutrality of the United
States and the strengthening of our national defense within the limits of peacetime/authorizations Specific directions
authorizations will be given from
to time for carrying out these two
poses
IN WITNESS WHEREOF I have here.
unto set my hand and caused the seal
the United States of America to be
affixed
DONE at the City of Washington this
eighth day of September, in the year of
our Lord nineteen hundred and
(SEAL)
thirty-nine, and of the Independence of the United States
PROCLAIMING THE NEUTRALITY OF THE
UNITED STATES IN THE WAR BETWEEN
GERMANY, ON THE ONE HAND, AND THE
UNION OF SOUTH AFRICA, ON THE OTHER
HAND
Proclamations:
Page
Export of arms, ammunition,
and implements of war to
Union of South Africa
Proclaiming a national emergency in connection with
3851
observance, etc., of neutral-
ity and strengthening of
national defense within
limits of peace-time authorizations
3851
Proclaiming neutrality of United
States in war between Ger-
many and Union of South
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS a state of war unhappily
exists between Germany, on the one
hand, and the Union of South Africa, on
the other hand:
NOW, THEREFORE, I. FRANKLIN
D. ROOSEVELT, President of the United
States of America, in order to preserve
the neutrality of the United States and
of its citizens and of persons within its
territory and jurisdiction, and to en-
force its laws and treaties, and in order
that all persons, being warned of the
general tenor of the laws and treaties of
the United States in this behalf. and
of the law of nations, may thus be prevented from any violation of the same,
do hereby declare and proclaim that all
of the provisions of my proclamation of
September 5, 1939, proclaiming the neutrality of the United States in a war between Germany and France: Poland:
and the United Kingdom, India, Australla and New Zealand apply equally in
respect to the Union of South Africa.
IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of
the United States of America to be
Africa
3851
Regulation concerning credits to
belligerents
3852
RULES, REGULATIONS,
ORDERS
TITLE 16-COMMERCIAL PRACTICES:
Federal Trade Commission
Spencer Business College, et
al. cease and desist or3853
der
TITLE 19 -CUSTOMS DUTIES:
Bureau of Customs:
Warroad Seaplane Base,
Minn., redesignated as
airport of entry for a period of one year
3854
TITLE 29-LABOR:
Wage and Hour Division:
Hoslery industry. employment
of learners
3854
NOTICES
Federal Trade Commission
Renesol Corp., et al., order appointing examiner, etc
Securities and Exchange Commis-
3854
sion:
Ohio Fuel Gas Co., effectiveness
of declaration
3854
affixed.
DONE at the city of Washington this
8th day of September, in the year of our
44F.R. 8809 DI.
Lord nineteen hundred and
(SEAL] thirty-nine, and of the Independence of the United States of
3852
FEDERAL REGISTER, Saturday, September 9, 1939
the President shall proclaim such fact.
FEDERAL
REGISTER
and it shall thereafter be unlawful to
export, or attempt to export, or cause
to be exported, arms, ammunition, or
implements of war from any place in
the United States to any belligerent
state named in such proclamation, or to
Published by the Division of the Federal
Register, The National Archives pursuant to
the authority contained in the Federal
Register Act, approved July 26, 1935 (49
Stat. L 500). under regulations prescribed
by the Administrative Committee, with the
approval of the President,
The Administrative Committee consists of
the Archivist or Acting Archivist, an officer
of the Department of Justice designated by
the Attorney General and the Public Printer
or Acting Public Printer.
The daily Issue of the FEDERAL REGISTER
will be furnished by mail to subscribers free
of postage, for 81 per month or $10 per year:
single copies 10 cents each: payable in ad-
vance. Remit by money order payable to
Superintendent of Documents Government
Printing Office, Washington, D. c.
Correspondence concerning the publication of the FEDERAL REGISTER should be ad-
dressed to the Director. Division of the
Federal Register, The National Archives,
Washington, D. C.
America the one hundred and sixtyfourth.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State,
(No. 2353)
[F. R Doc. 39-3297: Filed September 8, 1939;
1:16 p. m.)
EXPORT OF ARMS. AMMUNITION. AND IMPLEMENTS OF WAR TO THE UNION OF
SOUTH AFRICA
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS section 1 of the joint reso-
lution of Congress approved May 1,
1937, amending the joint resolution en-
titled "Joint resolution providing for
the prohibition of the export of arms,
ammunition, and implements of war
to belligerent countries: the prohibition
of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use
of belligerent states: for the registration and licensing of persons engaged
in the business of manufacturing exporting, or importing arms, ammunition,
or implements of war: and restricting
travel by American citizens on belligerent ships during war". approved August
31, 1935, as amended February 29, 1936,
provides in part as follows:
"Whenever the President shall find
that there exists a state of war between,
or among. two or more foreign states,
any neutral state for transshipment to.
or for the use of, any such belligerent
state."
AND WHEREAS it is further provided
by section 1 of the said joint resolution
that
The President shall, from time to
time, by proclamation, extend such em-
bargo upon the export of arms, ammunition, or implements of war to other
states as and when they may become
involved in such war."
REGULATION CONCERNING-CREDIT TO
BELLIGERENTS
Section 3 of the joint resolution
Congress approved May 1, 1937, reads in
part as follows:
"SEC 3. (a) Whenever the President
shall have Issued a proclamation under
the authority of section 1 of this Act, It
shall thereafter be unlawful for any person within the United States to purchase,
sell, or exchange bonds, securities, or
other obligations of the government of
any belligerent state or of any state
wherein civil strife exists, named in such
proclamation, or of any political subdivision of any such state, or of any person
acting for or on behalf of the govern-
ment of any such state, or of any faction
or asserted government within any such
NOW. THEREFORE I, FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and by
virtue of the authority conferred upon
me by the said joint resolution, do hereby proclaim that all of the provisions of
my proclamation of September 5. 1939.
in regard to the export of arms, ammunition, and implements of war to France:
state wherein civil strife exists, or
any person acting for or on behalf
any faction or asserted government
Zealand, henceforth apply to the Union
of South Africa.
And I do hereby enjoin upon all omcers of the United States, charged with
the execution of the laws thereof, the
utmost diligence in preventing violations
of the said joint resolution, and this my
proclamation issued thereunder, and in
bringing to trial and punishment any
offenders against the same.
And I do hereby delegate to the Secretary of State the power to exercise
any power or authority conferred on me
by the said joint resolution, as made
effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not
inconsistent with law as may be necessary and proper to carry out any of its
asserted government, or person: Provided, That if the President shall find
that such action will serve to protect
the commercial or other interests of the
United States or its citizens, he may, in
his discretion, and to such extent and
under such regulations as he may prescribe, except from the operation of this
section ordinary commercial credits and
short-time obligations in aid of legal
transactions and of a character custom.
arily used in normal peacetime comm
cial transactions. Nothing in this sub-
Germany; Poland: and the United
Kingdom, India, Australia, and New
provisions.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the United States of America
to be affixed.
DONE at the city of Washington this
8th day of September, in the year of
our Lord nineteen hundred and
(SEAL)
thirty-nine, and of the Inde-
pendence of the United States
of America the one hundred and sixtyfourth.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 2354)
(F. R. Doc. 39-3298; Filed, September 8, 1939:
1:16p.m.
4F.R. 3819DI
within any such state wherein civil strife
exists, issued after the date of such proc-
lamation, or to make any loan or extend
any credit to any such government, po-
litical subdivision, faction, asserted
government, or person, or to solicit or
receive any contribution for any such
government, political subdivision, faction,
section shall be construed to prohibit the
solicitation or collection of funds to be
used for medical aid and assistance, or
for food and clothing to relieve human
suffering, when such solicitation or col-
lection of funds is made on behalf
of and for use by any person or organi-
zation which is not acting for or on
behalf of any such government, political
subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the
approval of the President and shall be
made under such rules and regulations
as he shall prescribe.
"(b) The provisions of this section
shall not apply to a renewal or adjust
ment of such indebtedness as may exte
on the date of the President's proclark
tion.
"(c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon con-
viction thereof, be fined not more than
$50,000 or imprisoned for not more than
five years, or both. Should the violation be by a corporation, organization,
or association each officer or agent
thereof participating in the violation
L
MANET
REGISTER
FEDERAL 1
1934
VOLUME 4
NUMBER 175
UNITED
Washington, Tuesday, September 12, 1939
The President
PLEMENTS OF WAR TO CANADA
BY THE PRESIDENT OF THE UNITED STATES
PROCLAMING THE NEUTRALITY OF THE
OF AMERICA
UNITED STATES IN THE WAR BETWEEN
A PROCLAMATION
GERMANY, ON THE ONE HAND, AND
CANADA, ON THE OTHER HAND
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS a state of war unhappily
exists between Germany, on the one
hand, and Canada, on the other hand:
NOW, THEREFORE, I, FRANKLIN
D. ROOSEVELT, President of the United
States of America, in order to preserve
the neutrality of the United States and
of its citizens and of persons within its
territory and jurisdiction. and to en-
force its laws and treaties. and in order
that all persons, being warned of the
eral tenor of the laws and treaties of
United States in this behalf, and of
the law of nations, may thus be prevented from any violation of the same,
do hereby declare and proclaim that all
of the provisions of my proclamation of
WHEREAS section 1 of the joint resolution of Congress approved May 1.
1937, amending the joint resolution entitled "Joint resolution providing for the
prohibition of the export of arms, ammunition, and implements of war to
belligerent countries: the prohibition of
the transportation of arms, ammunition,
and implements of war by vessels of the
United States for the use of belligerent
states: for the registration and licensing of persons engaged in the business
of manufacturing exporting, or importing arms, ammunition, or implements
of war: and restricting travel by American citizens on belligerent ships during
war". approved August 31, 1935, as
amended February 29, 1936, provides in
part as follows:
"Whenever the President shall find
that there exists a state of war between,
September 5, 1939. proclaiming the neu-
or among. two or more foreign states,
the President shall proclaim such fact.
and it shall thereafter be unlawful to
between Germany and France: Poland:
export, or attempt to export, or cause to
trality of the United States in a war
tralia, and New Zealand apply equally in
respect to Canada
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
be exported, arms, ammunition, or implements of war from any place in the
United States to any belligerent state
named in such proclamation, or to any
neutral state for transshipment to. or
of the United States of America to be
for the use of, any such belligerent
affixed.
state."
and the United Kingdom, India, Aus-
DONE at the city of Washington this
10th day of September, in the year of our
SEAL
Lord nineteen hundred and
thirty-nine, and of the Independence of the United States of
erica the one hundred and sixtyth.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 23591
(P. R. Doc. 89-3324: Filed, September 11. 1939;
12:27 p. m.
P.R 3809 DI.
CONTENTS
EXPORT OF ARMS, AMMUNITION, AND IM-
AND WHEREAS it is further provided
by section 1 of the said joint resolution
that
"The President shall, from time to
time, by proclamation, extend such embargo upon the export of arms, ammuni-
tion, or implements of war to other
states as and when they may become involved in such war."
NOW. THEREFORE, I, FRANKLIN D.
ROOSEVELT. President of the United
States of America, acting under and by
virtue of the authority conferred upon
me by the said joint resolution, do hereby
proclaim that all of the provisions of my
THE PRESIDENT
Proclamations:
Page
Cache National Forest, IdahoUtah, lands added
3860
Chattahoochee National Forest,
Ga., lands added
3859
Export of arms, ammunition,
and implements of war to
Canada
3857
Proclaiming neutrality of United
States in war between Germany and Canada
3857
Shawnee National Forest, III.
establishment
3860
World's Fair, New York City,
participation by foreign nations in 1940
Executive Orders:
3858
Army. authorizing an increase
in the strength of
Enforcement of neutrality of
United States, prescribing
3863
regulations governing
3863
and duties
3864
Executive Office of the President, establishing the divisions of: defining functions
Federal Bureau of Investigation,
Department of Justice, authorizing increases in per3864
sonnel of
Navy and Marine Corps, author-
izing increases in the en3863
listed strengths of
Protection of American citizens
in foreign countries during
existing emergency, making
funds available for
3863
RULES, REGULATIONS,
ORDERS
TITLE -AGRICULTURE:
Agricultural Adjustment Administration:
Agricultural conservation program bulletin, 1940
3867
Cotton price adjustment payment plan, 1937, Amendment 4
3882
Price adjustment program
regulations, 1939, Supplement 6
(Continued on next page)
3857
3882
256
3858
FEDERAL REGISTER, Tuesday, September 12, 1939
CONTENTSContinued
FEDERAL
REGISTER
WORLD'S FAIR, NEW YORK CITY
NOTICES
BY THE PRESIDENT OF THE UNITED STABES
OF AMERICA
Federal Communications Com-
A PROCLAMATION
mission:
Notice of hearings:
Page
Radiomarine Corporation of
America (WBL and
Published by the Division of the Federal
WCY), applications of
Register, The National Archives, pursuant to
the authority contained in the Federal
by the Administrative Committee, with the
approval of the President.
The Administrative Committee consists of
the Archivist or Acting Archivist, an officer
of the Department of Justice designated by
the Attorney General, and the Public Printer
or Acting Public Printer.
The daily issue of the FEDERAL REGISTER
will be furnished by mail to subscribers, free
of postage, for 81 per month or 810 per year;
single copies 10 centa each: payable in ad-
vance. Remit by money order payable to
Superintendent of Documents Government
dividuals by
Federal Power Commission:
form system of accounts.
New England Power Co. (postponement)
Washington, D. C.
TITLE 7-AGRICULTURE-Co
Page
Pink bollworm quarantine
regulations modified
3865
TITLE -CUSTOMS DUTIES:
Bureau of Customs:
Observance of neutrality in
radio communication by
merchant vessels of belligerents
TITLE 22 FOREIGN RELATIONS:
3882
Department of State:
Contributions for use in the
Union of South Africa
Regulations under Section 9
of Joint Resolution approved May 1. 1937
3882
3882
Supplement to pamphlet "In-
ternational Traffic in
Arms"
3883
TITLE 29-LABOR:
ment of learners
TITLE 31-MONEY AND FINANCE:
3883
3883
3886
proclamation of September 5. 1939, in
regard to the export of arms, ammunition, and implements of war to France:
Germany: Poland; and the United Kingdom, India, Australia, and New Zealand,
henceforth apply to Canada
And I do hereby enjoin upon all officers
of the United States, charged with the
execution of the laws thereof. the utmost
diligence in preventing violations of the
said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders
against the same.
And I do hereby delegate to the Secretary of State the power to exercise
any power or authority conferred on
me by the said joint resolution, as made
effective by this my proclamation issued
thereunder, and the power to promulgate such rules and regulations not invisions.
IN WITNESS WHEREOF. I have
DONE at the city of Washington this
10th day of September, in the year of
our Lord nineteen hundred and
[SEAL]
TITLE 36-PARKS AND FORESTS:
thirty-nine, and of the Inde-
pendence of the United States
of America the one hundred and sixtyfourth
Forest Service:
Pisgah National Forest, N.C.,
3883
FRANKLIN D ROOSEVELT
By the President:
TITLE 46-SHIPPING:
CORDELL HULL
United States Maritime Com-
exchange of ideas, experience and tech-
nical knowledge between many parts of
the earth has been encouraged; and
WHEREAS, especially at the present
ideal of peaceful intercourse be n
maintained as offering the only ultimate
hope towards progress and peace; and
WHEREAS a Joint Resolution of
Congress, approved June 15, 1936, reads
Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
President of the United States be. and
he is hereby, authorized and respectfully
requested by proclamation or in such
manner as he may deem proper, to
vite foreign countries and nations to suo
proposed world's fair with a request that
they participate therein.":
AND WHEREAS by proclamation
dated the sixteenth day of November
1936, in compliance with the aforesaid
Joint Resolution, I invited the participation of the nations in this World's
and many nations are presently par
pating therein
NOW. THEREFORE I, FRANKLIN D.
ROOSEVELT, President of the United
States of America, in compliance with
the aforesaid Joint Resolution of Congress, do invite the nations presently
participating in the said World's Fair to
continue their participation therein during the calendar year 1940, or such part
thereof as may seem appropriate
IN WITNESS WHEREOF have hereunto set my hand and caused the seal
of the United States of America to be
affixed
DONE at the city of Washington this
8th day of September in the year of our
Lord nineteen hundred and
thirty-nine, and of the Ind
[SEAL
pendence of the United Str
of America the one hundred and st
fourth
FRANKLIN D ROOSEVELT
By the President
CORDELL HULL
Secretary of State.
(No. 2358)
(No. 2360)
Charter to persons not citi-
(F. Doc. 39-3326; Filed September 11. 1939;
zens of United States of
12:27 p.m.)
(P.B Doc. 39-3325; Filed September 11, 1939;
12:27 p.m.)
vessels documented under
regulation
in the city of New York: and
WHEREAS it has been made evident
that through the medium of the World's
Fair at New York peaceful intercourse
between nations is promoted, and the
Secretary of State.
mission:
its laws, etc., rescission of
United States of America and of the
tablishment of the national government
in part as follows:
to be affixed.
Adjusted Service Bonds of
preserve
3887
hereunto set my hand and caused the
Seal of the United States of America
Public Debt Service:
deer hunting and game
Canada, Ltd., hearing
and proper to carry out any of its pro-
TREASURY:
1945, amendment of regulations governing
3885
consistent with law as may be necessary
Wage and Hour Division:
Hoslery industry. employ-
tive to declaration, etc
bonds
and fiftieth anniversary of the inaugu-
time, It is fitting and proper that the
Utilities Power & Light Corp.
Ltd., et al., acquisition of
CONTENTS-Continued
Quarantine:
3885
sion:
Middle West Utilities Co. of
dressed to the Director, Division of the
Federal Register, The National Archives
3885
Securities and Exchange Commis-
tion of the FEDERAL REGISTER should be ad.
Correspondence concerning the publica-
3885
Natural-gas companies, uni-
Huntington Development and
Gas Co., Columbia Gas &
Electric Corp., order rela-
Printing Office. Washington, D. C.
3884
Hearings:
Manson, D. Edgar
purpose of celebrating the one hundred
ration of the first President of
restriction of rates to in-
Stat. L. 500), under regulations prescribed
Bureau of Entomology and Plant
3884
Western Union Telegraph Co.,
Register Act, approved July 26, 1935 (49
WHEREAS there is now in progress at
New York City a World's Fair for the
1F.R. 1978.
3884
14 F.R. 3819 DL
257
L
MANET
FEDERAL
REGISTER
1934
VOLUME 4
UNITED
NUMBER 215
Washington, Tuesday, November 7, 1939
The President
preserve the peace of the United States
CONTENTS
and to protect the lives of citizens of
THE PRESIDENT
the United States.
PROCLAMATION OF A STATE OF WAR BETWEEN GERMANY AND FRANCE: POLAND;
AND THE UNITED KINGDOM INDIA, AUSTRALIA, CANADA, NEW ZEALAND AND THE
UNION OF SOUTH AFRICA
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA
A PROCLAMATION
WHEREAS section 1 of the joint resoution of Congress approved November 4,
1939, provides in part as follows:
"That whenever the President, or the
Congress by concurrent resolution, shall
find that there exists a state of war between foreign states, and that it is necessary to promote the security or preserve
the peace of the United States or to pro-
the lives of citizens of the United
And I do hereby enjoin upon all of
ficers of the United States, charged with
the execution of the laws thereof, the ut-
most diligence in preventing violations
of the said joint resolution and in bringing to trial and punishment any offenders
against the same.
And I do hereby delegate to the Secre-
tary of State the power to exercise any
power or authority conferred on me by
the said joint resolution, as made effective by this my proclamation issued
thereunder, which is not specifically dele-
gated by Executive order to some other
the power to promulgate such rules and
regulations not inconsistent with law as
may be necessary and proper to carry
out any of its provisions.
And I do hereby revoke my proclamations nos. 2349, 2354 and 2360 issued on
mation naming the states involved: and
be shall, from time to time, by proclamation, name other states as and when they
may become involved in the war."
September 5, 8, and 10. 1939, respectively.
that
"The President may, from time to
time, promulgate such rules and regulations, not inconsistent with law as may
be necessary and proper to carry out any
of the provisions of this joint resolution:
and be may exercise any power or au-
thority conferred on him by this joint
resolution through such officer or omcers, or agency or agencies, as he shall
direct."
NOW. THEREFORE, I. FRANKLIN
ROOSEVELT. President of the United
States of America, acting under and by
virtue of the authority conferred on me
by the said joint resolution, do hereby
proclaim that a state of war unhappily
exists between Germany and France:
Poland: and the United Kingdom, India,
Australia, Canada, New Zealand and the
in regard to the export of arms, ammunition, and implements of war to France:
Germany; Poland: and the United Kingdom, India, Australia, and New Zealand:
to the Union of South Africa; and to
IN WITNESS WHEREOF, I have here-
unto set my hand and caused the Seal
of the United States of America to be
State of war between Germany
and France: Poland: and
the United Kingdom, India.
Australia, Canada, New Zea-
land and the Union of South
Africa
4493
Use of ports or territorial waters
of the United States by submarines of foreign belligerent states
4494
RULES, REGULATIONS,
ORDERS
TITLE 7-AGRICULTURE:
Agricultural Adjustment Administration:
Agricultural conservation program bulletin, 1939, Supplement No. 23
4496
Burley tobacco acreage allotments for 1940. determination of
4496
Bureau of Entomology and
Plant Quarantine:
Japanese beetle, instructions
4495
Federal Surplus Commodities
Corporation:
Surplus food stamp program,
4495
designation of areas
affixed.
DONE at the city of Washington this
fourth day of November, in the year of
our Lord nineteen hundred and
thirty-nine, and of the Inde-
pendence of the United States
of America the one hundred and sixtyfourth, at 12.04 p. m.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State,
(No. 23741
TITLE 16-COMMERCIAL PRACTICES:
Federal Trade Commission:
Longfield, Arthur, cease and
desist order
4497
TITLE 19- CUSTOMS DUTIES:
Bureau of Customs:
Lumber invoices, additional
information required
4498
TITLE 24-HOUSING CREDIT
Federal Housing Administrátion:
Property improvement loans,
regulation repealed
TITLE 25-INDIANS:
4498
Office of Indian Affairs:
(F. R Doc. 39-4090; Filed. November 4. 1939:
5:33 p. m.]
Union of South Africa, and that it is
necessary to promote the security and
4495
to inspectors amended
Canada.
(SEAL)
Page
Combat area, definition of
officer or agency of this Government, and
States, the President shall issue a procla-
AND WHEREAS it is further provided
by section 13 of the said joint resolution
Proclamations:
Carson National Forest, order
4498
of segregation
(Continued on next page)
14 F.R. 3819, 3352, 3857 DI
4493
4494
FEDERAL REGISTER, Tuesday, November 7, 1939
CONTENTS-Continued
REGISTER
FEDERAL
of the United States, exclusive of
Canal Zone, by the submarines of a
Securities and Exchange Commission:
Hearings:
Page
California Public Service Co.,
and Peoples Light and
Power Co
4507
Published by the Division of the Federal
Register, The National Archives ursuant to
National Gas & Electric Corp.,
Register Act, approved July 26. 1935 (49
Stat. L. 500). under regulations prescribed
by the Administrative Committee, with the
Portland Electric Power Co.
4505
United Utilities, Inc
4506
the authority contained in the Federal
approval of the President.
et al
Nepsco Appliance Finance
Corp., effectiveness of declaration
The Administrative Committee consists of
the Archivist or Acting Archivist, an officer
of the Department of Justice designated by
the Attorney General, and the Public Printer
or Acting Public Printer.
4505
Securities Corporation General,
application approved
4506
single copies 10 centa each; payable in ad-
Superintendent of Documents, Government
Printing Office, Washington, D. C.
Correspondence concerning the publica-
USE OF PORTS OR TERRITORIAL WATERS OF
THE UNITED STATES BY SUBMARINES OF
FOREIGN BELLIGERENT STATES
BY THE PRESIDENT OF THE UNITED STATES
tion of the FEDERAL REGISTER should be ad-
OF AMERICA
Federal Register, The National Archives,
A PROCLAMATION
dressed to the Director, Division of the
Washington, D. O.
WHEREAS section 11 of the Joint
Resolution approved November 4. 1939.
CONTENTSContinued
provides:
TITLE 38-PENSIONS, BONUSES AND
VETERANS' RELIEF:
Veterans' Administration:
Page
Death pension and compensa-
4498
tion
TITLE 43-PUBLIC LANDS:
Division of Grazing:
Colorado Grazing District No.
3, modification
4499
TITLE 46 SHIPPING:
Bureau of Marine Inspection
and Navigation:
Documentation etc., of vessels: foreign clearances
Equipment approvals
4499
4500
NOTICES
Civil Aeronautics Authority:
Braniff Airways, Inc., hearing
postponed
4505
Department of Agriculture:
Rural Electrification Administration:
Allocation of funds for
loans
4502.4503
tions
4502, 4503
Department of the Interior:
Bituminous Coal Division:
price allowances to
Whitacre-Greer Fireproofing Co., exemption application
4501
4502
ica is neutral in such war:
NOW./THEREFORE I. FRANKLIN
Department of Labor:
Wage and Hour Division:
Issuance of certificates for
employment of learners:
Apparel industry (2 notices)
Hosiery industry (2 notices)
WHEREAS there exists a state of war
between Germany and France: Poland:
and the United Kingdom, India, Australia, Canada, New Zealand, and the
Union of South Africa:
Hearings:
Distributors, discounts or
"Whenever, during any war in which
the United States is neutral, the Prestdent shall find that special restrictions
placed on the use of the poxts and territorial waters of the United States by
the submarines or armed merchant vessels of a foreign state, will serve to maintain peace between the United States
and foreign states, or to protect the com.
mercial interests of the United States and
its citizens, or to promote the security
of the United States, and shall make
proclamation thereof, it shall thereafter
be unlawful for any such submarine or
armed merchant vessel to enter a port
or the territorial waters of the United
States or to depart therefrom, except under such conditions and subject to such
limitations as the Président may prescribe. Whenever, in his judgment, the
conditions which have caused him to
issue his proclamation have ceased to
exist, he shall revoke his proclamation
and the provisions of this section shall
thereupon cease to apply. except as to
offenses committed prior to such revocation."
Amendment of prior alloca-
4503
4504
between the United States and foreign
states, to protect the/commercial Interests of the United States and its citizens,
and to promote the security of the United
that
for
anybePo-
States;
AND I do further declare and proclaim
or Kingdom, India,
Australia, Canada, New Zealand, or the
Union of South Africa, to enter ports or
territorial waters of the United States,
exclusive of the Canal Zone, except sub-
will be furnished by mail to subscribers, free
vance. Remit by money order payable to
ships of war, will serve to maintain peace
land: submarine it shall hereafter /United of France; Germany: unlawful
4506
The daily issue of the FEDERAL REGISTER
of postage, for 81 per month or 810 per year:
eign belligerent state, both commerci
submarines and submarines which
WHEREAS the United States of Amer-
D. ROOSEVELT. President of the
United States of America, acting under
and by virtue of the authority vested in
me by the foregoing provision of section
11 of the Joint Resolution approved November 4. 1939, do by this proclamation
find that special restrictions placed on
the use of the ports and territorial waters
marines of the said belligerent states
which are forced into such ports or territorial waters of the United States by
force majeure; and in such cases of for
majeure, only when such submarines en-
ter ports or territorial waters of the
United States while running on the surface with conning tower and superstruc-
ture above water and flying the flags of
the foreign belligerent states of which
they are vessels Such submarines may
depart from ports or territorial waters
of the United States only while running
on the surface with conning tower and
superstructure above water and flying
the flags of the foreign belligerent states
of which they are vessels.
AND I do hereby enjoin upon all officers of the United States, charged with
the execution of the laws thereof, the
viola-
Nthis my issued
and
utmost tions of diligence proclamation the said in joint preventing resolution, thereunder,
and in bringing to trial and punishment
any offenders against the same.
AND I do hereby revoke my Procia
mation No. 2371 issued by me on Octo-
ber 18, 1939, in regard to the use of
ports or territorial waters of the United
States by submarines of foreign belligerent states,
This proclamation shall continue in
full force and effect unless and until
modified, revoked or otherwise terminated, pursuant to law.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the United States of America to
be affixed
DONE at the city of Washington this
fourth day of November, in the year of
our Lord nineteen hundred and
(SEAL]
thirty-nine, and of the Inde
pendence of the United State
of America the one hundred and six
fourth, at 12.04 p. m.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 23751
(F. R. Doc. 39-4091; Filed, November 4. 1939;
5:33 p. m.)
'4 F.R. 4295 DI.
e
258
L
FEDERAL
REGISTER
1934
VOLUME
UNITED
NUMBER 83
Washington, Saturday, April 27, 1940
The President
trial and punishment any offenders
CONTENTS
against the same.
THE PRESIDENT
And I do hereby delegate to the SecreROCLAMATION OF A STATE OF WAR
BE WEEN GERMANY AND NORWAY
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS section 1 of the joint resolution of Congress approved November
1939, provides in part as follows:
"That whenever the President, or the
congress by concurrent resolution, shall
ind that there exists a state of war beween foreign states, and that it is neceslary to promote the security or preserve
the peace of the United States or to pro-
tect the lives of citizens of the United
tary of State the power to exercise any
power or authority conferred on me by
the said joint resolution, as made effec-
tive by this my proclamation issued
thereunder, which is not specifically dele-
gated by Executive order to some other
officer or agency of this Government, and
the power to promulgate such rules and
regulations not inconsistent with law as
may be necessary and proper to carry
out any of its provisions.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be
affixed
DONE at the City of Washington this
25" day of April, in the year of our Lord
nineteen hundred and forty, and
States, the President shall issue a proc-
(SEAL] of the Independence of the
United States of America the
lamation naming the states involved:
one hundred and sixty-fourth.
he shall, from time to time, by procnation, name other states as and when
they may become involved in the war."
AND WHEREAS it is further provided
by section 13 of the said joint resolution
that
"The President may, from time to time,
promulgate such rules and regulations,
not inconsistent with law as may be nec-
essary and proper to carry out any of
the provisions of this joint resolution:
and be may exercise any power or authority conferred on him by this joint
resolution through such officer or officers,
or agency or agencies, as he shall direct.'
NOW, THEREFORE I. FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and by
true of the authority conferred on me
the said joint resolution, do hereby
laim that a state of war unhappily
between Germany and Norway,
and that it is necessary to promote the
security and preserve the peace of the
United States and to protect the lives of
citizens of the United States.
And I do hereby enjoin upon all officers
of the United States, charged with the
execution of the laws thereof, the utmost
diligence in preventing violations of the
said joint resolution and in bringing to
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 23981
(F. R. Doc. 40-1680: Filed, April 26, 1940;
12:01 p. m.)
Proclamations:
Page
Neutrality of the United States
in the war between Ger-
many and Norway
1569
State of war between Germany
and Norway
1569
Use of ports or territorial waters
of the United States by submarines of foreign belligerent states
Executive Order:
1560
Enforcement of neutrality of
the United States, regulations applicable to Norway. 1560
RULES, REGULATIONS,
ORDERS
TITLE 7-AGRICULTURE:
Division of Marketing and Marketing Agreements:
Toledo, Ohio, Marketing Area,
handling of milk
Federal Trade Commission:
Cease and desist orders:
Canepa, John B., Co
Progressive Medical Co., etc.
GERMANY, ON THE ONE HAND, AND NORWAY, ON THE OTHER HAND
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS a state of war unhappily
exists between Germany, on the one
hand, and Norway, on the other hand:
NOW. THEREFORE, I. FRANKLIN D.
ROOSEVELT, President of the United
States of America, in order to preserve
the neutrality of the United States and
of its citizens and of persons within its
territory and jurisdiction. and to enforce
its laws and treaties, and in order that
all persons, being warned of the general
tenor of the laws and treaties of the
United States in this behalf, and of the
1576
1576
TITLE 24-HOUSING CREDIT:
United States Housing Authority:
1577
Definition of terms
PROCLAIMING THE NEUTRALITY OF THE
UNITED STATES IN THE WAR BETWEEN
1571
TITLE 16-COMMERCIAL PRACTICES:
Design of low-rent housing
projects; the structure
1578
TITLE 36-PARKS AND FORESTS:
National Park Service:
Lassen Volcanic National
Park, subsidiary regulations
1584
NOTICES
Department of Agriculture:
Division of Marketing and Marketing Agreements:
Handling of milk:
Fall River, Mass., Marketing
Area, base period for
agreement and order
1585
New York Metropolitan
Marketing Area, determination and order
Toledo, Ohio, Marketing
Area, determination
(Continued on next page)
1569
1585
1584
1570
FEDERAL REGISTER, Saturday, April 27, 1940
and New Zealand apply equally in
respect to Norway
FEDERAL
REGISTER
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the United States of America to
be affixed
Published daily. except Sundays. Mondays,
and days following legal holidays by the
Division of the Federal Register, The National
Archives, pursuant to the authority con-
tained in the Federal Register Act, approved
July 26, 1935 (49 Stat. 500). under regulations prescribed by the Administrative Committee, approved by the President.
The Administrative Committee consists of
the Archivist or Acting Archivist, an officer
of the Department of Justice designated by
the Attorney General and the Public Printer
DONE at the City of Washington this
25" day of April, in the year of our Lord
[SEAL]
United States of America the one
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 2399]
The daily Issue of the FEDERAL REGISTER
of postage, for 81.25 per month or 812.50 per
year: single copies 10 cents each; payable in
and of the Independence of the
hundred and sixty-fourth.
or Acting Public Printer.
will be furnished by mail to subscribers free
nineteen hundred and forty,
(P. R. Doc. 40-1681; Filed, April 26, 1940;
12:01 p. m.)
advance Remit money order payable to the
Superintendent of Documents directly to the
Government Printing Office, Washington, D.C.
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
Department of the Interior:
Bureau of Reclamation:
Klamath Project, Oreg.-Calif.
first form withdrawal
Department of Labor:
Wage and Hour Division:
Orders of investigation and
subpoenas, authority to
issue
Textile industry. final
amended learner employment determination
Federal Trade Commission:
Ignatovitch, Veronica, etc., order
appointing examiner, etc.
Securities and Exchange Commis-
1586
1586
interests of the United States and its
Railway Co., hearing
1589
such conditions and subject to such limitations as the President may prescribe.
effectiveness of declaration.
1588
1589
Central States Edison, Inc., et al.,
hearing
Chicago and Eastern Illinois
Kansas Gas and Electric Co.,
Manufacturers Light and Heat
Co., et al., hearing postponed
Ulen and Co., hearing
1589
1589
United Gas Improvement Co.,
et al., order dismissing certain parties from proceeding.
1588
law of nations, may thus be prevented
from any violation of the same, do hereby declare and proclaim that all of the
provisions of my proclamation of September 5, 1639. proclaiming the neutral-
ity of the United States in a war be-
tween Germany and France: Poland:
and the United Kingdom, India, Australia
utmost diligence in preventing violati
of the said Joint Resolution, and
my proclamation issued thereunder, and
in bringing to trial and punishment any
offenders against the same.
IN WITNESS WHEREOF, I have here-
DONE at the City of Washington this
25" day of April, in the year of our Lord
"Whenever, during any war in which
the United States is neutral, the Prestdent shall find that special restrictions
placed on the use of the ports and territorial waters of the United States by the
submarines or armed merchant vessels
of a foreign state, will serve to maintain
1589
of prospectus, etc
AND I do hereby enjoin upon all offcers of the United States, charged with
vides:
ful for any such submarine or armed
merchant vessel to enter a port or the
territorial waters of the United States
or to depart therefrom, except under
C. L. McComb, withdrawal
Zone, by the submarines of Norway.
of the United States of America to be
citizens, or to promote the security of the
United States, and shall make proclamation thereof, it shall thereafter be unlaw-
Avenal Trust, Margaret and
sive of the Canal Zone, by the submarines
of France: Germany; Poland; and the
United Kingdom, India, Australia, Canada, New Zealand, and the Union of
South Africa, shall also apply to the use
of the ports and territorial waters of the
United States, exclusive of the Canal
WHEREAS section 11 of the Joint Resolution approved November 4. 1939, pro-
peace between the United States and for-
sion:
torial waters of the United States, exclu-
unto set my hand and caused the Sea
eign states, or to protect the commercial
1588
and proclaim that the provisions of my
proclamation of November 4. 1939, in
regard to the use of the ports and terri
A PROCLAMATION
Page
1584
the Joint Resolution approved Novemb
4. 1939, do by this proclamation declare
the execution of the laws thereof, the
Use OF PORTS OR TERRITORIAL WATERS OF
THE UNITED STATES BY SUBMARINES OF
FOREIGN BELLIGERENT STATES
CONTENTSContinued
NOW, THEREFORE, I. FRANKLIN D
ROOSEVELT, President of the United
States of America, acting under
virtue of the authority vested in IR
the foregoing provision of section 1
Whenever, in his judgment, the conditions which have caused him to issue his
proclamation have ceased to exist, he
shall revoke his proclamation and the
provisions of this section shall thereupon
cease to apply. except as to offenses com-
affixed
nineteen hundred and forty, and
(SEAL]
of the Independence of th
United States of America th
one hundred and sixty-fourth
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 2400]
(F. R. Doc. 40-1682: Filed. April 26, 1940,
12:01 p. m.)
EXECUTIVE ORDER
PRESCRIBING REGULATIONS GOVERNING THE
ENFORCEMENT OF THE NEUTRALITY OF
THE UNITED STATES
WHEREAS, under the treaties of the
United States and the law of nations It
is the duty of the United States, in any
war in which the United States is a neu-
mitted prior to such revocation."
WHEREAS there exists a state of war
tral, not to permit the commission of
between Germany and Norway:
AND WHEREAS, a proclamation was
issued by me on the 25th day of Apr
declaring the neutrality of the Unit
States of America in the war now exit
WHEREAS the United States of America is neutral in such war:
WHEREAS by my proclamation of November 4, 1939, issued pursuant to the
provision of law quoted above, I placed
special restrictions on the use of ports
and territorial waters of the United
States by the submarines of France: Ger-
many: Poland: and the United Kingdom,
India, Australia, Canada, New Zealand.
and the Union of South Africa:
unneutral acts within the jurisdiction of
the United States:
ing between Germany. on the one ha
and Norway, on the other hand:
NOW, THEREFORE, in order to make
more effective the enforcement of the
provisions of said treatles, law of nations,
and proclamation, I hereby prescribe
that the provisions of my Executive
259
L
FEDERAL
REGISTER
1934
VOLUME
UNITED
NUMBER 94
Washington, Tuesday, May 14, 1940
The President
the execution of the laws thereof. the
CONTENTS
utmost diligence in preventing violations
OCLAMATION OF A STATE OF WAR Br.
of the said joint resolution and in bringing to trial and punishment any offend-
TWEEN GERMANY, ON THE ONE HAND,
ers against the same.
AND BELGIUM, LUXEMBURG, AND THE
And I do hereby delegate to the Secretary of State the power to exercise
NETHERLANDS ON THE OTHER HAND
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA
A PROCLAMATION
WHEREAS section 1 of the joint resolution of Congress approved November
4. 1939, provides in part as follows:
"That whenever the President, or the
Congress by concurrent resolution, shall
find that there exista a state of war between foreign states, and that it is necessary to promote the security or preserve
the peace of the United States or to pro-
tect the lives of citizens of the United
States, the President shall issue a proc-
egnation naming the states involved;
he shall, from time to time, by proclamation, name other states as and when
they may become involved in the war."
AND WHEREAS it is further provided
by section 13 of the said joint resolution
that
"The President may, from time to time.
promulgate such rules and regulations,
not inconsistent with law as may be nec-
essary and proper to carry out any of the
provisions of this joint resolution: and
be may exercise any power or authority
conferred on him by this joint resolution
through such officer or officers, or agency
or agencies, as he shall direct."
NOW. THEREFORE, I. FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and by
tue of the authority conferred on me
the said joint resolution, do hereby
claim that a state of war unhappily
exists between Germany. on the one
hand, and Belgium, Luxemburg, and the
Netherlands, on the other hand, and that
It is necessary to promote the security
and preserve the peace of the United
States and to protect the lives of citizens
of the United States.
And I do hereby enjoin upon all offlcers of the United States, charged with
any power or authority conferred on me
by the said joint resolution, as made
effective by this my proclamation issued
thereunder, which is not specifically
delegated by Executive order to some
other officer or agency of this Government. and the power to promulgate such
rules and regulations not inconsistent
with law as may be necessary and
proper to carry out any of its provisions.
IN WITNESS WHEREOF, I have here-
unto set my hand and caused the Seal
of the United States of America to be
affixed.
DONE at the City of Washington this
eleventh day of May, in the year of our
Lord nineteen hundred and
forty, and of the Independence
of the United States of America
the one hundred and-sixty-fourth
[SEAL]
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
(No. 2404)
(P. R. Doc. 40-1921; Filed, May 11, 1940:
5:17 p. m.)
THE PRESIDENT
Proclamations:
Page
Neutrality of United States in
war between Germany, on
the one hand, and Belgium,
Luxemburg, and the Netherlands, on the other hand.
1689
State of war between Germany
and Belgium, etc
Use of ports of territorial waters
of the United States by submarines of foreign belligerent states
1689
1690
Executive Orders:
Louisiana, public land with-
drawal in aid of flood control
1691
Neutrality of the United States,
enforcement regulations
amended
1691
RULES, REGULATIONS,
ORDERS
TITLE -AGRICULTURAL CREDIT:
Farm Credit Administration:
Authority of Deputy Production Credit Commissioner,
etc., to act as Commissioner
1691
TITLE 14- CIVIL AVIATION:
Civil Aeronautics Authority:
Mechanic certificate or rating
reexamination
1691
TITLE 16 COMMERCIAL PRACTICES:
PROCLAIMING THE NEUTRALITY OF THE
UNITED STATES IN THE WAR BETWEEN
Federal Trade Commission:
Cease and desist orders:
Fascination Candy Co
1692
GERMANY, ON THE ONE HAND, AND BEL-
Roxanna Candy Co.
1692
GIUM, LUXEMBURG, AND THE NETHER-
Oxol Laboratories, etc
Western Novelty Co
Ehrhart Conrad Co
1693
LANDS, ON THE OTHER HAND
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS a state of war unhappily
1693
1694
TITLE -FOREIGN RELATIONS:
Department of State:
Commerce with states engaged in armed conflict,
1694
exists between Germany. on the one hand,
regulations extended
and Belgium, Luxemburg. and the Netherlands, on the other hand:
NOW. THEREFORE I, FRANKLIN D.
ROOSEVELT, President of the United
States of America, in order to preserve
the neutrality of the United States and of
Contributions for use in certain countries, regulations
1695
extended
Travel regulations amended.
(Continued on next page)
1689
1695
1690
FEDERAL REGISTER, Tuesday, May 14, 1940
CONTENTS-Continued
FEDERAL
REGISTER
USE OF PORTS OR TERRITORIAL WATERS OF
Securities
and Exchange Commission:
Hearings:
American Utilities Service
THE UNITED STATES BY SUBMARINES OF
FOREIGN BELLIGERENT STATES
Page
Corp., et al
Brockton Gas Light Co.
1718
and days following legal holidays by the
Brooklyn Union Gas Co.
Consolidated Ice Co.
1720
Archives, pursuant to the authority con-
Eastern Gas and Fuel Asso-
Published daily except Sundays, Mondays,
Division of the Federal Register, The National
1722
Koppers United Co., Brooklyn Union Gas Co., et al
of the Department of Justice designated by
the Attorney General, and the Public Printer
1722
1721.1722
Fuel Investment Associates
Koppers Co
the Archivist or Acting Archivist, an officer
1720
1719
Koppers United Co., Fuel Investment Associates, and
or Acting Public Printer.
Eastern Gas and Fuel
The daily issue of the FEDERAL REGISTER
Associates
will be furnished by mail to subscribers free
of postage, for $1.25 per month or 812.50 per
year: single copies 10 cents each; payable in
Koppers United Co. (3 notices)
advance. Remit money order payable to the
Superintendent of Documents directly to the
1721
ment Co., place changed.
1723
South Carolina Electric & Gas
Co., and Southeastern
Electric and Gas Co
CONTENTS- -Continued
proved
Bristol Traction Co. disPage
missed from proceedings.
Hearing postponed
General License No. 1,
amendment
1695
United Public Utilities Corp.,
1695
application approved
Sonoma Creek, Calif
Newark Slough, Calif
TITLE 34-NAVY:
1696
1696
Naval Reserve:
Table of Contents
1697
Subpart A-General; administration and organization, all classes
1697
Officer personnel, regulations
amended
1697
its citizens and of persons within its ter-
United States in this behalf, and of the
law of nations, may thus be prevented
from any violation of the same, do hereby
United States in a war between Germany
and France: Poland: and the United
Kingdom. India, Australia and New
Zealand apply equally in respect to Belgium, Luxemburg. and the Netherlands.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the United States of America to be
NOTICES
affixed.
Department of Labor:
Wage and Hour Division:
Learner employment certifi-
DONE at the city of Washington this
eleventh day of May. in the year of our
Lord nineteen hundred and
cates, issuance for various
forty, and of the Independence
of the United States of America
the one hundred and sixty-fourth
(SEAL)
industries notices) 1716, 1717
Federal Trade Commission:
Orders appointing examiner,
FRANKLIN D ROOSEVELT
etc.:
Hamilton Ross Factories, Inc. 1717
Railroad Retirement Board:
Employer status of National
Carloading Corp., et al.,
hearings postponed
By the President:
1717
CORDELL HULL
Secretary of State.
.
Peterson Core Oil & Mfg. Co.
provisions of this section shall thereupon
declare and proclaim that all of the provisions of my proclamation of September
5, 1939, proclaiming the neutrality of the
Department of the Navy:
(No. 2405)
(P. R. Doc. 40-1922; Filed, May 11, 1940;
1718
5:17 .m.)
such conditions and subject to such limi-
cease to apply, except as to offenses com-
tenor of the laws and treaties of the
Bridge regulations:
armed merchant vessel to enter a port or
the territorial waters of the United States
1718
all persons, being warned of the general
partment:
clal interests of the United States and
its citizens, or to promote the security
of the United States, and shall make
proclamation thereof, it shall thereafter
be unlawful for any such submarine
proclamation have ceased to exist, he
shall revoke his proclamation and the
ritory and jurisdiction. and to enforce
its laws and treaties, and in order that
BLE WATERS:
dent shall find that special restrictions
placed on the use of the ports and territorial waters of the United States by the
submarines or armed merchant vessels
of a foreign state, will serve to maintain
peace between the United States and
1723
1695
Corps of Engineers, War De-
"Whenever, during any war in which
the United States is neutral, the Prest-
tions which have caused him to Issue his
1723
1696
1696
provides:
tations as the President may prescribe.
Whenever, in his judgment, the condi-
et al:
Foreign exchange, etc., trans-
General License No.
General License No.
General License No.
General License No.
TITLE -NAVIGATION AND NAVIGA-
1723
United Gas Improvement Co.,
Monetary Offices:
WHEREAS section 11 of the Joint
Resolution approved November 4. 1939,
or to depart therefrom. except under
tric Co., application ap-
TREASURY:
actions:
1724
North American Gas and Elec-
TITLE 31-MONEY AND FINANCE:
A PROCLAMATION
foreign states, or to protect the commer-
1720,1722
San Gabriel River Improve-
Government Printing Office, Washington, D.
OF AMERICA
1721
clates (2 notices)
tained in the Federal Register Act. approved
July 26. 1935 (49 Stat. 500). under regulations prescribed by the Administrative Committee, approved by the President
The Administrative Committee consista of
BY THE PRESIDENT OF THE UNITED STAT
mitted prior to such revocation."
WHEREAS there exists a state of war
between Germany on the one hand and
Belgium and the Netherlands on the
other hand;
WHEREAS the United States of
America is neutral in such war;
WHEREAS by my proclamation of
November 4, 1939, issued pursuant to the
provision of law quoted above, I plac
special restrictions on the use of ports
and territorial waters of the United
States by the submarines of France;
Germany: Poland: and the United Kingdom, India, Australia, Canada, New Zea-
land. and the Union of South Africa:
NOW. THEREFORE, I, FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and by
virtue of the authority vested in me by
the foregoing provision of section 11 of
the Joint Resolution approved November
4. 1939, do by this proclamation declare
and proclaim that the provisions of my
proclamation of November 4. 1939, in
regard to the use of the ports and terri-
torial waters of the United States, exclusive of the Canal Zone, by the submarines of France: Germany: Polar
and the United Kingdom, India, Au
tralia, Canada, New Zealand, and
Union of South Africa, shall also appr.
to the use of the ports and territorial
waters of the United States, exclusive
of the Canal Zone, by the submarines of
Belgium and the Netherlands.
c-1
260
L
SCRIPTA
MANET
REGISTER
FEDERAL 4
1934
VOLUME
UNITED STATES
NUMBER 114
Washington, Wednesday, June 12, 1940
The President
PROCLAMATION OF A STATE OF WAR BETWEEN ITALY, ON THE ONE HAND, AND
FRANCE AND THE UNITED KINGDOM, ON
THE OTHER HAND
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS section 1 of the joint resolution of Congress approved November
1939, provides in part as follows:
"That whenever the President, or the
Congress by concurrent resolution, shall
find that there exists a state of war be-
tween foreign states, and that it is
necessary to promote the security or
preserve the peace of the United States
or to protect the lives of citizens of the
ted States, the President shall issue
proclamation naming the states involved: and he shall, from time to time,
by proclamation, name other states as
and when they may become involved in
the war."
AND I do hereby enjoin upon all officers of the United States, charged with
the execution of the laws thereof, the utmost diligence in preventing violations of
the said joint resolution and in bringing
to trial and punishment any offenders
against the same.
AND I do hereby delegate to the Secre-
tary of State the power to exercise any
power or authority conferred on me by
the said joint resolution, as made effec-
tive by this my proclamation issued
thereunder, which is not specifically dele-
"The President may, from time to time,
the power to promulgate such rules and
regulations not inconsistent with law as
may be necessary and proper to carry
out any of its provisions.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be
affixed.
NOW. THEREFORE, I. FRANKLIN D.
OSEVELT, President of the United
cates of America, acting under and by
virtue of the authority conferred on me
by the said joint resolution, do hereby
proclaim that a state of war unhappily
exists between Italy, on the one hand.
and France and the United Kingdom, on
the other hand, and that it is necessary
to promote the security and preserve the
peace of the United States and to protect
the lives of citizens of the United States.
France, etc
2191
State of war between Italy, on
the one hand, and France
and United Kingdom, on the
other hand
Use of ports or territorial waters
of United States by subma-
2191
2192
Executive Orders:
Neutrality enforcement regulations extended
2193
Public land withdrawal revocations:
Colorado
2193
Nevada
2193
RULES, REGULATIONS,
ORDERS
DONE at the city of Washington this
tenth day of June, in the year of our
Lord nineteen hundred and
forty, and of the Independence
of the United States of America
the one hundred and sixty-fourth.
(SEAL)
FRANKLIN D ROOSEVELT
10.20 p.m.E.S.T.
By the President:
CORDELL HULL
Secretary of State.
(No. 2407)
(F. R. Doc. 40-2357; Filed June 11, 1940;
11:58 a. m.)
TITLE 6-AGRICULTURAL CREDIT:
Farm Credit Administration:
Federal Land Bank of New
Orleans:
Appraisal and title determination fees
Reamortization of loan fees.
2193
2193
TITLE -MONEY AND FINANCE:
TREASURY:
Public Debt Service:
Offering of 1% Treasury Notes
of Series C-1943
Redemption of 3% Treasury Bonds of 1940-43
TITLE 49-TRANSPORTATION AND
2195
2193
RAILROADS:
resolution through such officer or ofdirect."
war between Italy and
rines of foreign belligerent
tion: and he may exercise any power or
authority conferred on him by this joint
ficers, or agency or agencies, as he shall
Page
Neutrality of United States in
states
not inconsistent with law as may be
of the provisions of this joint resolu-
Proclamations:
officer or agency of this Government, and
promulgate such rules and regulations.
necessary and proper to carry out any
THE PRESIDENT
gated by Executive order to some other
AND WHEREAS it is further provided
by section 13 of the said joint resolution
that
CONTENTS
PROCLAIMING THE NEUTRALITY OF THE
UNITED STATES IN THE WAR BETWEEN
ITALY, ON THE ONE HAND, AND FRANCE
AND THE UNITED KINGDOM ON THE OTHER
Interstate Commerce Commission:
Depreciation charges of carriers by water
2196
NOTICES
HAND
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS a state of war unhappily
exists between Italy. on the one hand,
and France and the United Kingdom, on
the other hand:
Department of the Interior:
Bituminous Coal Division:
Brazil Block Fuels, Inc., provisional approval as marketing agency
Metropolitan Paving Brick
Co., renewal of exemption.
(Continued on next page)
2191
2196
2196
2192
FEDERAL REGISTER, Wednesday, June 12, 1940
CONTENTS-Continued
FEDERAL
REGISTER
2206
"Whenever, during any war in which
the United States is neutral, the Prestdent shall find that special restricti
placed on the use of the ports and tel
torial waters of the United States by
2205
a foreign state, will serve to maintain
2206
eign states, or to protect the commercial
Securities and Exchange Commission:
Page
Applications approved, etc.:
Federal Water Service Corp.
Keystone Public Service Co.
(2 documents)
Published daily. except Sundays, Mondays,
and days following legal holidays by the
Wisconsin Power and Light
Division of the Federal Register, The National
Archives pursuant to the authority con-
tained in the Federal Register Act, approved
Co
Applications denied, etc.:
Byllesby Corp
July 26. 1935 (49 Stat 500). under regula-
2205
Byllesby, H. M. & Co.
tions prescribed by the Administrative Committee, approved by the President.
The Administrative Committee constate of
Blair & Co., Inc., et al. hearing
2205
of the Department of Justice designated by
the Attorney General, and the Public Printer
Corp., et al. dental of motion to dismiss
Keystone Public Service Co.,
2207
the Archivist or Acting Archivist, an officer
or Acting Public Printer.
The daily issue of the FEDERAL REGISTER
Commonwealth & Southern
exemption order amended
will be furnished by mail to subscribers, free
2204
2207
of postage, for 81.25 per month or $12.50 per
year; single copies 10 cents each: payable in
advance. Remit money order payable to the
Superintendent of Documents directly to the
Government Printing Office, Washington, D.C.
CONTENTS-Continued
Department of Agriculture:
Page
Rural Electrification Administration:
Project designations, change
2197
of
Department of Labor:
Wage and Hour Division:
Textile industry. employment
of learners, hearing
Federal Communications Commis-
2198
sion:
Hearings:
Columbia Broadcasting System, Inc.
2200
Chicago
2201
Moody Bible Institute of
Norfolk Daily News
2200
Stephenson, Edge & Korsmeyer
2200
Walton, Helen L. and Walter
Bellatti
2201
International telegraph com-
munication information
Portable and portable-mobile
radio station operation
2199
2200
NOW. THEREFORE, I, FRANKLIN D.
ROOSEVELT, President of the United
States of America, in order to preserve
the neutrality of the United States and
of its citizens and of persons within its
territory and jurisdiction. and to en-
force its laws and treaties, and in order
that all persons, being warned of the
general tenor of the laws and treaties
of the United States in this behalf, and
of the law of nations, may thus be prevented from any violation of the same,
do hereby declare and proclaim that all
of the provisions of my proclamation of
September 5, 1939. proclaiming the neutrality of the United States in a war between Germany and France; Poland;
and the United Kingdom, India, Australia and New Zealand apply equally
in respect to Italy.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the United States of America to
be affixed.
DONE at the City of Washington this
tenth day of June, in the year of our
Lord nineteen hundred and
forty, and of the Independence
of the United States of America
the one hundred and sixty-fourth
[SEAL]
FRANKLIN D ROOSEVELT
Timed wire service classification
(2 orders)
10.20 p. T.
2198,2199
By the President:
Federal Power Commission:
Hearings postponed:
Florida Power Corp.
Georgia Light and Power Co.
CORDELL HULL
Secretary of State.
2201
2202
(No. 2408)
Kentucky-Tennessee Light
and Power Co
2202
11:58 a. m.)
Louisiana Public Utilities Co.,
Inc
Metropolitan Edison Co.
Pennsylvania Electric Co
South Carolina Electric and
Gas Co
Tide Water Power Co.
2203
2203
Use OF PORTS OR TERRITORIAL WATERS OF
THE UNITED STATES BY SUBMARINES OF
FOREIGN BELLIGERENT STATES
BY THE PRESIDENT OF THE UNITED STATES OF
2204
AMERICA
Interstate Commerce Commis-
A PROCLAMATION
sion:
Assignments for Commission
members
Division Five, assignment of
work to
2204
2204
Interests of the United States and its
citizens, or to promote the security of the
United States, and shall make proclama-
tion thereof, it shall thereafter be unlaw.
ful for any such submarine or armed
merchant vessel to enter a port or the
territorial waters of the United States or
to depart therefrom, except under such
conditions and subject to such limitations
as the President may prescribe. When-
ever, in his judgment, the conditions
which have caused him to Issue his
proclamation have ceased to exist, be
shall revoke his proclamation and the
provisions of this section shall thereup
cease to apply. except as to offenses com-
mitted prior to such revocation."
WHEREAS there exists a state of war
between Italy, on the one hand, and
France and the United Kingdom, on the
other hand;
WHEREAS the United States of
America is neutral in such war:
WHEREAS by my proclamation of
November 4. 1939, issued pursuant to the
provision of law quoted above, I placed
special restrictions on the use of ports
and territorial waters of the United
States by the submarines of France; Germany: Poland: and the United Kingdom,
India, Australia, Canada, New Zealand,
and the Union of South Africa:
NOW. THEREFORE I. FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and
virtue of the authority vested in me by
the foregoing provision of section 11 of
the joint resolution approved November
4. 1939, do by this proclamation declare
and proclaim that the provisions of my
proclamation of November 4. 1939, in re-
gard to the use of the ports and territorial waters of the United States, exclusive of the Canal Zone, by the submarines of France: Germany: Poland:
and the United Kingdom, India, Australla, Canada, New Zealand, and the
Union of South Africa, shall also apply
to the use of the ports and territorial
waters of the United States, exclusive of
the Canal Zone, by the submarines of
AND I do hereby enjoin upon all officers
2202
2203
peace between the United States and for-
Italy.
2202
New York State Electric &
Gas Corp
(P. R. Doc. 40-2358; Filed, June 11. 1940;
submarines or armed merchant vessels
WHEREAS section 11 of the joint reso-
lution approved November 4. 1939, provides:
of the United States, charged with the
execution of the laws thereof, the utm
diligence in preventing violations of to
said joint resolution, and this my procia-
mation issued thereunder, and in bringing to trial and punishment any offenders
against the same.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the United States of America to be
affixed.
c2
261
FEDERAL REGISTER, Tuesday, November 7, 1939
DEFINITION OF COMBAT AREAS
THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS section 3 of the joint
resolution of Congress approved November 4, 1939, provides as follows:
"(a) Whenever the President shall
have issued a proclamation under the
authority of section 1 (a), and he shall
thereafter find that the protection of
citizens of the United States so requires,
he shall, by proclamation, define com-
bat areas, and thereafter It shall be
unlawful, except under such rules and
regulations as may be prescribed, for
any citizen of the United States or any
American vessel to proceed into or
rough any such combat area. The
combat areas so defined may be made to
apply to surface vessels or aircraft, or
both.
"(b) In case of the violation of any
of the provisions of this section by any
American vessel, or any owner or of
ficer thereof, such vessel, owner, or
officer shall be fined not more than
$50,000 or imprisoned for not more than
than five years, or both. Should the
owner of such vessel be a corporation,
organization, or association. each of
ficer or director participating in the
violation shall be liable to the penalty
hereinabove prescribed. In case of
the violation of this section by any
citizen traveling as a passenger, such
passenger may be fined not more than
$10,000 or imprisoned for not more than
two years, or both.
(c) President may from time to
time modify or extend any proclamation issued under the authority of this
section, and when the conditions which
shall have caused him to issue any such
proclamation shall have ceased to exist
he shall revoke such proclamation and
the provisions of this section shall
thereupon cease to apply. except as
to offenses committed prior to such
revocation."
AND WHEREAS It is further provided
by section 13 of the said joint resolution
that
The President may, from time to time,
promulgate such rules and regulations,
not Inconsistent with law as may be
necessary and proper to carry out any of
the provisions of this joint resolution:
And he may exercise any power or au-
hority conferred on him by this joint
solution through such officer or officers,
or agency or agencies, as he shall direct.'
NOW, THEREFORE, I, FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and by
virtue of the authority conferred on me
by the said joint resolution, do hereby
find that the protection of citizens of the
4495
United States requires that there be de-
fined a combat area through or into
which it shall be unlawful, except under
Rules, Regulations, Orders
such rules and regulations as may be
prescribed, for any citizen of the United
States or any American vessel, whether a
surface vessel or an aircraft, to proceed.
TITLE 7-AGRICULTURE
BUREAU OF ENTOMOLOGY
area as follows:
All the navigable waters within the
limits set forth hereafter.
Beginning at the intersection of the
North Coast of Spain with the meridian
of 2*45' longitude west of Greenwich;
Thence due north to a point in 43*54'
north latitude:
Thence by rhumb line to a point in
45*00' north latitude: 20*00' west longitude:
Thence due north to 58'00' north latitude;
Thence by a rhumb line to latitude 62"
north, longitude 2* east:
Thence by rhumb line to latitude 60*
north, longitude 5° east:
Thence due east to the mainland of
Norway:
Thence along the coastline of Norway,
Sweden, the Baltic Sea and dependent
waters thereof, Germany, Denmark, the
Netherlands, Belgium, France and Spain
to the point of beginning.
AND I do hereby enjoin upon all om.
cers of the United States, charged with
the execution of the laws thereof, the
utmost diligence in preventing violations
of the said joint resolution and in bringing to trial and punishment any offenders against the same.
AND I do hereby delegate to the Secretary of State the power to exercise any
power or authority conferred on me by
the said joint resolution as made effec-
tive by this my proclamation issued
thereunder, which is not specifically delegated by Executive order to some other
officer or agency of this Government, and
the power to promulgate such rules and
AND
PLANT QUARANTINE
AND I do hereby define such combat
(B.E.P. 499 (Supplement No
1)
ADMINISTRATI INSTRUCTIONS TO INSPECTORS ON THE TREATMENT OF NURSERY
PRODUCTS FRUITS, VEGETABLES, AND
SOIL, FOR THE JAPANESE BESTLE
Experiments recently completed with
methyl bromide have shown that all
living larvae of the Japanese beetle will
be killed in 12-inch pots or soil balls
when the treatment, dosage. and temperature required in circular B.E.P.Q.
499 [(1) (5) (D) issued June 9, 1939,
are applied.
The paragraph headed "Preparation
of plants" on page 14 of the above
circular (mimeographed) is hereby
amended to read as follows:
Preparation of plants The treatment
is to be applied only to plants with bare
roots or in 12-inch pots. or smaller, or
in soil balls not larger than 12 inches
in diameter or thicker than 12 inches
when not spherical The soil should
not be puddled or saturated With wet
material, drying for a period of 12
hours is advisable before treatment.
The plants should be stacked on racks
or separated so that the gas can have
access to both top and bottom surfaces
of pots or soil balls. While not essential that the balls be completely separated from each other, they should not
be jammed tightly together.
(Issued under Sec. 301.48; B.E.P.Q.
499, Supplement No. 1. November 4.
1939.)
LEE A. STRONG
[SEAL]
Chief.
NOVEMBER 1939.
regulations not inconsistent with law as
may be necessary and proper to carry
out any of its provisions.
(F. R. Doc. 39-4097: Filed. November 6. 1939;
hereunto set my hand and caused the
Seal of the United States of America to
FEDERAL SURPLUS COMMODITIES
10:04 a. m.)
IN WITNESS WHEREOF, I have
be affixed.
DONE at the city of Washington this
fourth day of November, in the year of
our Lord nineteen hundred and
[SEAL]
thirty-nine, and of the Inde-
pendence of the United States
of America the one hundred and sixtyfourth, at 3 p. m.
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
CORPORATION
DESIGNATION OF AREAS UNDER SURPLUS
FOOD STAMP PROGRAM
Pursuant to the applicable regulations
and conditions prescribed by Henry A.
Wallace Secretary of Agriculture of the
United States of America, the following
areas are hereby designated as areas in
which food order stamps may be used and
in which the agricultural commodities
and products listed in Surplus Commodities Bulletin No. 3,' approved by the Sec-
(No. 23761
(P. R. Doc. 39-4092; Filed. November 1939:
5:33 p. m.j
1 P.R. 4195 DL
4496
FEDERAL REGISTER, Tuesday, November 7, 1939
retary of Agriculture, September 25, 1939,
shall be considered surplus foods:
the erroneous notice, planted an acreage
to the commodity in excess of the finally
The area within the city limits of
approved acreage allotment, the producer will not be considered to have exceeded the acreage allotment for such
Madison, Wisconsin and the immediate
environs thereof as defined by the local
representative of the Federal Surplus
Commodities Corporation.
commodity unless he planted an acreage
The area within the county limits of
Ramsey County. Minnesota.
The area within the city limits of Minneapolis, Minnesota and the immediate
environs thereof as defined by the local
representative of the Federal Surplus
Commodities Corporation.
to the commodity in excess of the allot-
ment erroneously issued, and the deduction for excess acreage will be made only
with respect to the acreage in excess of
the allotment erroneously issued."
The posting of the definition of "the
immediate environs" in the office of the
local representative of the Federal Surplus Commodities Corporation for the respective
areas shall constitute due notice
thereof.
Done at Washington, D. C., this 4th
day of November, 1939. Witness my
hand and the seal of the Department of
Agriculture.
(SEAL)
Secretary of Agriculture.
(F. R. Doc. 39-4096; Filed, November 6. 1939;
10:04 a. m.)
The effective dates for the above areas
areas in local newspapers of general cir-
PARK 724 PROCEDURE FOR THE DETERMINATION OF BURLEY TOBACCO ACREAGE
ALLOWMENTS FOR 1940
Attest:
MILO PERKINS,
President Federal Surplus
Commodities Corporation.
EARL J. SMITH,
Secretary.
Sec.
PART 701-1939 AGRICULTURAL CONSERVA-
724.211 Definitions
fractions
724.213 Instructions hpd forma.
724.214 Applicability of procedure
MENTS FOR OLD FARMS
724.216 Determination of normal acreage
I 724,214 Applicability of procedure.
This Burley Allotment Procedure for
for an old tobacco farm
724.217 Determination of the
724,218
1939/normal acreage.
adjusted
Determination of normal yields.
ENTABLISHMENT OF ALLOTMENTS FOR NEW FARMS
Determination of normal acreages
for new farms
"Payments computed for any farm under the provisions of section 701.8 shall
be subject to all of the following deductions which are applicable to the farm:
Provided, That in/any case where,
through error in a/county or State office. the producer was officially notified
in writing. prior to completion of planting. of an acreage allotment for a commodity larger than the finally approved
acreage allotment for that commodity
and was not notified of the finally approved acreage allotment until after
planting was completed, and the county
committee finds that the producer, acting solely upon information contained in
Adjustment Administration of the United
States Department of Agriculture shall
forms as may be necessary or expedient
Determination
of farm acreage aft
lotment.
The first paragraph of Section 701.9 is
724.213 Instructions and forms
The Administrator of the Agricultural
for carrying out this procedure.
724.220
hereby amended to read as follows:
Fractions of more than fifty-thousandths
of an acre shall be rounded upward, and
724,215 Acreage allotments for old farms.
SUPPLEMENT NO. 23
lows:
lated to the nearest one-tenth of an acre.
cause to be prepared and issued with his
724,219
the Secretary of Agriculture under Section 8 of the Soil Conservation and Domestic Allotment Act, as amended, the
1939 Agricultural Conservation Program
Bulletin, as amended by Supplements 1
to 22, is hereby further amended as fol-
shall be calculated to the nearest whole
per cent. Fractions of more than fiftyhundredths of one per cent shall be
rounded upward, and fractions of fiftyhundredths of one per cent or less shall
approval such instructions and such
ESTABLISHMENT OR ALLOT-
TION PROGRAM BULLETIN
Pursuant to the authority vested in
I 724.212 Extent of calculations and
rule of fractions. (a) All percentages
become 1.1 and 1,050 would become 1.0.
GENERAL
724.212 Extent of calculations and rule of
11:49 a.m.)
AGRICULTURAL ADJUSTMENT
ADMINISTRATION
States Department of Agriculture, as type
31 and known as Burley tobacco.
fifty-thousandths of an acre or less shall
be dropped. For example, 1.051 would
CONTENTS
IP. R. Doc. 39-4088: Filed. November 4. 1939;
(ACP-1939-23)
(g) Tobacco means tobacco classified
in Service and Regulatory Announcement Numbered 118 of the Bureau of
Agricultural Economics of the United
87% (b) All acreage shall be caleu
[40-Tob-12]
October 30, 1939.
[SEAL]
(f) State committee means the grou
of persons so designated within any State
to assist in the administration in the
State of the Act.
be dropped. For example, 87.51% would
become 88% and 87.50% would becom
shall be announced by the local representative of the Federal Surplus Commodities Corporation for the respective
culation.
H. A. WALLACE,
duct of
the farming operations on
entire
farm.
724,221
Determination of normal yields
724.222 Time for filing application.
GENERAL
I 724.211 Definitions. As used in this
procedure and in all instructions, forms.
and documents in connection therewith.
the words and phrases defined in this
section shall have the meanings herein
assigned to them, unless the context or
subject-matter otherwise requires:
(a) Burley allotment procedure for
1940 means this Form 40-Tob-12.
(b) Local committee means the
county and community committee utilized under the Act. "County Committee"
or "Community Committee" shall have
corresponding meanings in the connection in which they are used.
(c) New farm means a farm on which
tobacco was not produced in any of the
five years 1935 to 1939 but on which
tobacco will be produced in 1940.
(d) Old farm means a farm on which
tobacco was produced in one or more of
the five years 1935 to 1939.
(e) Operator means the person who,
as owner. landlord, or tenant, is in
channe of the supervision and the mm
1940 shall relate to. and be effective for,
the establishment of farm acreage allotments for Burley tobacco for the year
1940.
ESTABLISHMENT OF ALLOTMENTS FOR OLD
FARMS
J 724.215 Acreage allotments for old
farms. The farm acreage allotment for
an old farm shall be that percentage of
the normal acreage for the farm which
the State acreage allotment is of the nor-
mal acreages for all old farms in the
State: Provided, That if the acreage allotment so determined for any farm (except a farm operated, controlled, or directed by a person who also operates,
controls, or directs another farm on
which tobacco is produced) is less than
that acreage which, with the normal
yield for the farm, would produce 2,400
pounds of tobacco, then such acreage allotment shall be increased to the smaller
of (a) 120 per cent thereof, or (b) that
acreage which, with the normal yield ,
the farm, would produce 2,400 pour
of tobacco.
724.216 Determination of normal
acreages for an old tobacco form. The
normal acreage for an old tobacco farm
shall be the adjusted 1939 normal acreage for the farm subject to such adjustment as the local committee determines
is necessary to obtain a normal acreage
for the farm which is fair and reasonable in relation to the adjusted 1939 nor-
mal for other farms in the
Mortony
com 334/2
LITTERA
SCRIPTA
MANET
ARCHUES
REGISTER
FEDERAL
1934
VOLUME 5
UNITED STATES
NUMBER 72
Washington, Friday, April 12, 1940
The President
CONTENTS
AND WHEREAS it is further provided
by section 13 of the said joint resolution
THE PRESIDENT
that
DEFINITION OF A COMBAT AREA
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS section 3 of the joint reselution of Congress approved November
1939, provides as follows:
"The President may, from time to
time, promulgate such rules and regu-
lations, not inconsistent with law as
may be necessary and proper to carry
out any of the provisions of this joint
resolution: and he may exercise any
power or authority conferred on him by
this joint resolution through such of
ficer or officers, or agency or agencies,
"(a) Whenever the President shall
have issued a proclamation under the
authority of section 1 (a). and he shall
thereafter find that the protection of
as he shall direct."
citizens of the United States so requires
he shall, by proclamation, define combat
quoted above defining a combat area.
NOW. THEREFORE, L FRANKLIN
areas, and thereafter it shall be unlawful except under such rules and regula-
tions as may be prescribed, for any
citizen of the United States or any
American vessel to proceed into or
through any such combat area The
combat areas so defined may be made
to apply to surface vessels or aircraft,
or both.
"(b) In case of the violation of any
of the provisions of this section by any
American vessel, or any owner or officer
thereof, such vessel, owner, or officer
shall be fined not more than $50,000 or
imprisoned for not more than five years,
or both. Should the owner of such
vessel be a corporation, organization, or
association, each officer or director par-
ticipating in the violation shall be liable
to the penalty hereinabove prescribed
In case of the violation of this section
by any citizen traveling as a passenger.
such passenger may be fined not more
than $10,000 or imprisoned for not more
than two years, or both
(c) The President may from time to
time modify or extend any proclamation
issued under the authority of this section, and when the conditions which
shall have caused him to issue any such
proclamation shall have ceased to exist
be shall revoke such proclamation and
the provisions of this section shall there-
upon cease to apply. except as to offenses committed prior to such revocation."
AND WHEREAS on November 4.
1939. I issued a proclamation in accordance with the provision of law
D ROOSEVELT, President of the
United States of America: acting under
and by virtue of the authority con-
ferred on me by section 3 of the joint
resolution of Congress approved No.
vember 4. 1939. do hereby find that the
protection of citizens of the United
States requires that there be an ex-
tension of the combat area defined in
my proclamation of November 4. 1939
through or into which extended combat
area it shall be unlawful, except under
such rules and regulations as may be
prescribed, for any citizen of the United
States or any American vessel. whether
a surface vessel or an aircraft, to
proceed.
Proclamation:
Page
Extended combat area, defini1399
tion
Executive Order:
Foreign exchange transactions,
transfer of credit, and export of coin and currency,
1400
regulatory order amended
RULES. REGULATIONS,
ORDERS
TITLE 22-FOREIGN RELATIONS:
Department of State:
Travel in combat area
1401
TITLE 24-HOUSING CREDIT:
Federal Savings and Loan Insurance Corporation:
Insurance of accounts,
1401
amendment
TITLE 31-MONEY AND FINANCE:
TREASURY:
Monetary Offices:
Foreign exchange transactions, transfers of credit,
payments, export or with-
drawal of coin, etc., re-
ports of foreign property
interests in U. S.; regu1401
lations
NOTICES
Department of Agriculture:
Division of Marketing and Marketing Agreements:
AND I do hereby define the extended
combat area as follows:
Tokay grapes grown in Cali-
All the navigable waters within the
limits set forth hereafter.
Beginning at the intersection of the
North Coast of Spain with the meridian
of 2*45 longitude west of Greenwich
Thence due north to a point in 43'54'
north latitude;
Thence by a rhumb line to a point in
45" north latitude. 20" west longitude:
Thence due north to 58 north lati-
Food and Drug Administration:
Flour, etc., hearing on stand-
tude:
Thence by a rhumb line to a point in
76 30 north latitude, 16*35 east longitude;
fornia, hearing on han-
1403
dling of
ards
Department of the Interior:
Bituminous Coal Division:
Daugherty W. H.. & Son Refining Co., exemption renewal granted
Department of Labor:
1402
Wage and Hour Division:
Hearings on amendments to
regulations relative to
area of production (3
notices)
1406.1407
(Continued on next page)
F.R. 4495.
1403
1399
FEDERAL REGISTER, Friday, April 12, 1940
be necessary and proper to carry out any
of its provisions.
REGISTER
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
legal holidays by the
days
and of the Federal Register The National
pursuant to the authority con-
achives.
uped in the Federal Register Act, approved
"E, Any transaction for the purpose
or which has the effect of evading or
DONE at the City of Washington this
avoiding the foregoing prohibitions.
"SECTION 10. Additional Reports A.
25. 1935 (49 Stat. 500). under regulaby the President
approved
tenth day of April, in the year of our
Lord nineteen hundred and
(SEAL) forty, and of the Independence
of the United States of America
the one hundredth and sixty-fourth
2017 prescribed by the Administrative Com1005
sittee
The
Administrative Committee consists of
or Archivist or Acting Archivist, an officer
the Department of Justice designated by
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
or Attorney General, and the Public Printer
INo. 23941
or Acting Public Printer.
The daily Issue of the FEDERAL REGISTER
VII
be furnished by mail to subscribers free
of postage, for $1.25 per month or $12.50 per
HAT single copies 10 cents each: payable in
ACTADOR Remit money order payable to the
IF. R Doc. 40-1457; Filed, April 10. 1940:
4:30 p.m.)
of Documents directly to the
EXECUTIVE ORDER
Government Printing Office, Washington, D.C
AMENDMENT OF EXECUTIVE ORDER No.
6560, DATED JANUARY 15. 1934, REGU-
CONTENTS-Continued
LATING TRANSACTIONS IN FOREIGN Ex-
Department of Labor-Con.
Wage and Hour Division-Con
Learner certificates, issuance
for various industries
Page
1405
Pederal Power Commission:
Allegany Gas Co
by section 2 of the Act of March 9.
1408
other authority vested in me, I.
Securities and Exchange Commission:
Keystone Public Service Co.,
hearing
1409
Producers Corp., hearing con1409
tinued
West Penn Power Co. effectiveDESS of declaration
By virtue of the authority vested in
me by section (b) of the Act of Oc-
1408
New York State Natural Gas
Corp
CHANGE TRANSFERS OF CREDIT AND THE
EXPORT OF COIN AND CURRENCY
tober 6. 1917 (40 Stat. 411), as amended
Hearings:
1409
1933 (48 Stat. 1). and by virtue of all
FRANKLIN D. ROOSEVELT. PRESIDENT of the UNITED STATES OF
AMERICA. do hereby amend Executive
Order No. 6560. dated January 15, 1934,
regulating transactions in foreign exchange, transfers of credit, and the
export of coin and currency by adding
the following sections after section 8
thereof:
"SECTION 9. Notwithstanding any of
Thence by a rhumb line to a point in
70" north latitude. 44 east longitude:
Thence due south to the mainland of
the Union of Soviet Socialist Republics;
Thence along the coastline of the
Union of Soviet Socialist Republics, Fin-
the provisions of sections 1 to 8. inclusive, of this Order, all of the follow-
ing are prohibited. except as specifically
authorized in regulations or licenses issued by the Secretary of the Treasury
pursuant to this Order, if involving
by this my proclamation issued there-
property in which Norway or Denmark
or any national thereof has at any time
on or since April 8. 1940, had any interest of any nature whatsoever, direct
or indirect:
A. All transfers of credit between any
banking institutions within the United
States; and all transfers of credit between any banking institution within the
United States and any banking institution outside the United States (including
any principal, agent, home office, branch
or correspondent outside of the United
States, of a banking institution within
the United States)
B. All payments by any banking institution within the United States:
under, which is not specifically delegated
by Executive order to some other officer
change by any person within the United
or agency of this Government, and the
States:
land, Norway, Sweden, the Baltic Sea
and dependent waters thereof, Germany,
Denmark. the Netherlands, Belgium,
Prance, and Spain to the point of
beginning.
AND do hereby enjoin upon all officers of the United States, charged with
the execution of the laws thereof, the
utmost diligence in preventing violations
of the said Joint resolution and In bringing to trial and punishment any offenders against the same.
AND I hereby delegate to the Secretary of State the power to exercise any
power or authority conferred on me by
the said joint resolution as made effective
power to promulgate such rules and regu-
Inconsistent with law as may
and
the United States of America to be
affixed
wished daily, except Sundays, Mondays
gold or silver coin or bullion or currency
by any person within the United States:
'C. All transactions in foreign exD. The export or withdrawal from
the United States, or the earmarking of
Reports under oath shall be filed, on
such forms, at such time or times and
from time to time, and by such persons,
as provided in regulations prescribed by
the Secretary of the Treasury, with respect to all property of any nature whatsoever of which Norway or Denmark or
any national thereof is or was the owner.
or in which Norway or Denmark or any
national thereof has or had an interest
of any nature whatsoever, direct or Indirect, and with respect to any acquisition, transfer, disposition, or any other
dealing in such property.
'B. The Secretary of the Treasury
may require the furnishing under oath
of additional and supplemental information, including the production of any
books of account, contracts, letters or
other papers with respect to the matters concerning which reports are required to be filed under this Section.
"SECTION 11. Additional Definitions.
In addition to the definitions contained
in Section 7. the following definitions
are prescribed:
"A The terms 'Norway' and Denmark', respectively. mean the State and
the Government of Norway and Denmark on April 8, 1940. and any political
subdivisions, agencies and instrumental-
ities thereof, including territories, dependencies and possessions, and all
persons acting or purporting to act directly or indirectly for the benefit or
on behalf of the foregoing. The terms
'Norway' and 'Denmark'. respectively,
shall also include any and all other
governments (including political subdivisions, agencies, and instrumentalities
thereof and persons acting or purporting to act directly or Indirectly for the
benefit or on behalf thereof) to the extent and only to the extent that such
governments exercise or claim to exercise de jure or de facto sovereignty over
the area which, on April 8. 1940, constituted Norway or Denmark
"B. The term 'national' of Norway or
Denmark shall include any person who
has been or whom there is reasonable
cause to believe has been domiciled in, or
subject, citizen or resident of Norway or
Denmark at any time since April 8. 1940,
but shall not include any individual
domiciled and residing in the United
States on April 8. 1940. and shall also
include any partnership, association. or
other organization, including any corporation organized under the laws of, or
which on April 8. 1940, had its principal
place of business in Norwayor Denmark
or which on or after such date has been
controlled by. or a substantial part of the
stock. shares, bonds, debentures, or other
securities of which has been owned or
C-2 264
REGISTER
FEDERAL
4
1934
VOLUME 5
UNITED STATES
NUMBER 115
Washington, Thursday, June 13, 1940
AND WHEREAS it is further provided
by section 13 of the said joint resolution
The President
CONTENTS
THE PRESIDENT
that
DEFINITION OF A COMBAT AREA
THE PRESIDENT OF THE UNITED STATES
OF AMERICA
A PROCLAMATION
WHEREAS section 3 of the joint reso-
too of Congress approved November
1939 provides as follows:
(ia) Whenever the President shall have
a proclamation under the authorof section 1 (a). and he shall therefind that the protection of citizens
the United States so requires, he shall,
proclamation define combat areas,
ed thereafter it shall be unlawful, exunder such rules and regulations as
my be prescribed for any citizen of the
haited States or any American vessel to
need into or through any such combat
sea
The combat areas so defined may
made to apply to surface vessels or
retail, or both
(b) In case of the violation of any of
provisions of this section by any
aterican vessel, or any owner or officer
street, such vessel, owner, or officer
fall be fined not more than $50,000 or
eprisoned for not more than five years,
both Should the owner of such ves-
el be a corporation, organization, or
sociation, each officer or director parcipating in the violation shall be liable
the penalty hereinabove prescribed.
case of the violation of this section by
citizen traveling as a passenger, such
assenger may be fined not more than
10,000 or imprisoned for not more than
NO years, or both.
((e) The President may from time to
ite modify or extend proclamation
of sec-
caused him to such
rued have and under when the the authority any conditions this which
shall
revoke
such
coclamation hall
shall have
proclamation ceased issue any to exist and
provisions of this section shall thereon cease to apply. except as to offenses
committed prior to such revocation."
"The President may. from time to time
promulgate such rules and regulations,
not inconsistent with law as may be necessary and proper to carry out any of the
provisions of this joint resolution: and
be may exercise any power or authority
conferred on him by this joint resolution
through such officer or officers, or agency
or agencies, as he shall direct."
AND WHEREAS on April 10. 1940, I
issued a proclamation in accordance with
the provision of law quoted above defining a combat area
NOW. THEREFORE I. FRANKLIN D.
ROOSEVELT, President of the United
States of America, acting under and by
virtue of the authority conferred on me
by section 3 of the joint resolution of
Congress approved November 4. 1939, do
hereby find that the protection of citizens
of the United States requires that there
be defined combat areas in addition to
the combat area defined in my proclamation of April 10. 1940, through or into
which additional combat areas it shall
be unlawful, except under such rules and
regulations as may be prescribed, for any
citizen of the United States or any Amerlean vessel, whether a surface vessel or
an aircraft, to proceed.
AND I do hereby define the additional
combat areas as follows:
All the navigable waters within the
limits set forth hereafter:
1. Beginning at the intersection of the
West Coast of Morocco with the parallel
of 33*10' north Intitude:
Thence due west to 20" west longitude:
Thence due north to 37*05' north latitude;
Thence due east to the mainland of
Portugal;
Thence along the coastline of Portu-
gal. Spain, Gibraltar, Spain, France,
Italy, Yugoslavia, Albania, and Greece to
15 F.R. 1599.
Proclamation:
Page
Combat area, definition of
2209
Executive Orders:
Appointment of Baird Snyder,
III, as Deputy Administra-
tor. Wage and Hour Divi-
sion, Department of Labor.
2211
Snake River, Idaho, power site
creation modified
Texas, transferring control, etc.,
2211
of tract of land to Federal
Works Agency
2210
RULES, REGULATIONS
ORDERS
TITLE 22-FOREIGN RELATIONS:
Department of State:
Commerce with states engaged
in armed conflict (Italy).
Solicitation and collection of
2211
contributions for use in
2211
Italy
2211,
Travel regulations amended
2212
TITLE 24- HOUSING CREDIT:
Federal Home Loan Bank
Board:
Annual reports by savings
bank and insurance com2212
pany members
TITLE 26 -INTERNAL REVENUE:
Bureau of Internal Revenue:
Basic Permit and Trade Practice Division created
2212
TITLE 38-PENSIONS, BONUSES AND
VETERANS' RELIEF:
Veterans' Administration:
Accrued amounts due and unpaid at death
Permanent total disability
ratings
2213
2213
TITLE 49-TRANSPORTATION AND
RAILROADS:
Interstate Commerce Commission:
Explosives, etc., transportation of, by motor vehicle
(Continued on next page)
2209
2213
2210
FEDERAL REGISTER, Thursday, June 13, 1940
FEDERAL REGISTER
Thence along the coastline of Turkey,
Syria, Palestine, Egypt. Libya, Tunisia
Algeria, and Morocco to the point of
beginning.
All the navigable waters within the
Published daily. except Sundays, Mondays,
and days following legal holidays by the
Division of the Federal Register The National
Archives, pursuant to the authority con-
tained in the Federal Register Act, approved
July 26, 1935 (49 Stat. 500). under regulations prescribed by the Administrative Committee, approved by the President
The Admintstrative Committee consists of
the Archivist or Acting Archivist, an officer
of the Department of Justice designated by
the Attorney General, and the Public Printer
or Acting Public Printer.
The daily Issue of the FEDERAL REGISTER
will be furnished by mail to subscribers free
of postage, for 81.25 per month or $12.50 per
year: single copies 10 cents each; payable in
advance. Remit money order payable to the
Superintendent of Documents directly to the
Government Printing Office, Washington, D.C.
CONTENTSContinued
voked
Page
2216
Department of the Interior:
Bituminous Coal Division:
General Clay Products Co.,
renewal of application
for exemption
2215
General Land Office:
Idaho, stock driveway withdrawals revoked and reduced
2215
Federal Communications ComHearings:
(amended notice)
2217
2217
Thence eastward along the coast of
Arabia to the meridian of 51* east longi-
2217
2219
ning.
AND I do hereby delegate to the Secretary of State the power to exercise any
power or authority conferred on me by
the said joint resolution as made effective
by this my proclamation issued thereunder, which is not specifically delegated
by Executive order to some other officer
or agency of this Government, and the
power to promulgate such rules and regulations not inconsistent with law as may
be necessary and proper to carry out any
of its provisions.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the United States of America to be
affixed
[SEAL] forty. and of the Independence
of the United States of America
the one hundred and sixty-fourth
June 11, 1940, 5:20 E.S.T.
By the President:
(No. 2410]
2220
(P. R. Doc. 40-2375; Filed. June 12, 1940;
11:37 a. m.)
nated for hearing
West Coast Power Co., effectiveness of declaration
EXECUTIVE ORDER
TRANSFERRING THE CONTROL/AND JURISDIC-
al., trial examiner desig-
TION QUER A CERTAIN TRACT OF LAND
2219
2219
TO THE FEDERAL WORK AGENCY FOR Use
OF THE BUREAU OF CUSTOMS. TREASURY
DEPARTMENT
TEXAS
the intersection of the East Coast of
Greece with the parallel of 39*40' north
latitude:
Thence due east to the mainland of
Turkey:
are hereby, transferred to the Pedent
Works Agency\for the use of the
All of Tract 1 of Parcel No.
of area ceded to the United States
Mexico under the Convention of 1933.
more particularly described (all bearing
AND I do hereby enjoin upon all officers of the United States, charged with
the execution of the laws thereof. the
utmost diligence in preventing violations
of the said joint resolution and in bringing to trial and punishment any offend-
2219
Electric Bond and Share Co., et
ing-described tract of land
in or adjoining E Paso County, Texas
mission:
plication
NOW. THEREFORE, by virtue
authority vested in me as President
the United States, it is ordered
control and jurisdiction over the
of Customs, Treasury Department:
Secretary of State.
Cliffs Corp., withdrawal of ap-
partment the Bureau of Customs, Treasury
Thence due south to the mainland of
Italian Somaliland:
Thence westward along the coast of
Italian Somaliland to the point of begin-
CORDELL HULL,
2216
tract tion of land to the control
of of\the Federal Works Agency
tude:
FRANKLIN D ROOSEVELT
Standard broadcast stations:
Extension of expiration of instruments of authorization for operation of
Regulations explained
Securities and Exchange Com-
Thence due north to the mainland of
Arabia:
Lord nineteen hundred and
KFAB Broadcasting Co., Lincoin, Nebr
WCBD, Chicago, III
Greenwich:
DONE at the City of Washington this
eleventh day of June, in the year of our
mission:
Columbia Broadcasting system, Inc. Charlotte, N.C.
Florida Capitol broadcasters
the meridian of 50* longitude east of
ers against the same.
NOTICES
Civil Aeronautics Authority:
Air Safety Board:
Long Island, N. Y., accident
investigation hearing re-
limits set forth hereafter:
2. Beginning at the intersection of the
North Coast of Italian Somaliland with
WHEREAS it appears that #
be in the public interest to transfer
WHEREAS the hereinafter-described
Convention of
the
States 1. tract 1933, of under between land, the Acquired United by the States February United and
Mexico, is now under the control and
jurisdiction of the Secretary of State; and
being in relation to true meridian
ing through Triangulation Station Num
ber Twenty-one (21) of the of
International Boundary Commission)
follows:
The boundary line of Parcel No.
the old International Boundary Line
the parcel posts are the original pipes
posta which served as monuments 8
old International Boundary Line:
Beginning at the concrete monume
set for Reference Point 173-A
boundary line of Parcel No. 173
said boundary line intersects the north
erly line of the tract reserved by
United States for right of way for
Rio Grande Rectification Project
Border Drain. and the Guadalup
Lateral;
Thence along the boundary line
Parcel No. 173 in the following
and distances:
North 19* West, one hundred
and three tenths (106.3) feet to
which is Monument 18-G on the old
ternational Boundary Line:
North 23*27' East, one hundred
four and nine tenths (164.9) feet to
4. which is Monument 18-H on the
International Boundary Line:
North 89°35' East, one
seventy-three and one tenth (173.)
to the iron pipe set for Post 4-A in
westerly right of way line of the Torr
Guadalupe Road:
Thence along said westerly right
way line. southerly. along a curve to
right of radius five hundred fifty-the
and no tenths (553.0) feet. a distance
two hundred thirty-eight and one tent
(238.1) feet (said curve being subtends
by the chord bearing South 18'19' Wes
two/hundred thirty-six and three tenth
(236.3) feet) to the iron pipe at the
of said curve:
Thence continuing along said westerl
right of way line South 30*39' West
ninety and eight tenths (90.8) feet to
Iron pipe on the northerly line of
tract reserved by the United States:
Thence along said northerly line Nor
59*20'32" West, ninety-six and six tenth
(96.6) feet to the place of beginning and
containing one and nine hundredths
(1.09) acres more or less.
the
265
50 DOCUMENTS ON AMERICAN FOREIGN RELATIONS
9. Foreign Policy. Address by Breckinridge Long, Assistant
Secretary of May
State,
the National Institute of Government,
Washington,
2, at
1940
As you know, the Department of State is the agency which carries
out the foreign policy of the United States for the President. At the
very outset I would like to state that the primary policy of the United
States is to keep out of this war in Europe. Every single act of the Department of State has been directed to that end. That is the policy today. and that has been the policy since the war started last September.
The specific steps taken to effectuate that policy have been numer-
ous. The first was to get American citizens out of the danger zone
and to bring back to the United States just as many of them as wanted
to come. The regular passenger boats were utilized, and five additional
boats were diverted from their regular runs and sent to Europe for
weeks
the war.
them. of
Approximately
80,000 persons were repatriated in the first 6
The second step followed immediately. As soon as the Congress
passed the neutrality law the President defined danger zones into
which American ships were prohibited to enter. The zone, as first
established, ran from a point on the northern coast of Spain well out
to
sea, below
then up
north of the British Isles and across to the coast of
Norway
Bergen.
As other war areas developed, first in Finland and subsequently in
Denmark and Norway, the efforts of the Department were directed
to getting American citizens out of those danger zones and .returning
them to the United States. And, as the waters in those regions became
infested with naval and air activities, the President enlarged the
danger zone to cover the whole coast of Norway, extending as far north
coast
of Russia.
as Spitzbergen
and down through the Aretic Ocean to the northern
Complementary to those two steps, in the first days of the war,
when it seemed possible that there might be belligerent air activity
directed at the centers of population and industry scattered through
the countries at war, American citizens, particularly women and children, were advised to leave such centers and to seek places of refuge
in smaller towns, pending the time they could be accommodated
aboard ship. The object of each of these activities was to guard the
State,
Bulletin, II,
p. 462.
Broadcast
over
the network of the Columbia Broadcasting Co., Department of
266
PRINCIPLES AND POLICY
51
safety of Americans abroad and to eliminate, as far as possible, political complications which might follow if a number of Americans should
be killed or wounded.
Furthermore, in conference at Panama with all the other American
republics, a complete understanding was arrived at. It was the unanimous decision of that conference to follow a similar standard of neutral conduct and with the same objective-that is, not only to keep out
of the war but to keep the war away from us. With that object a
"neutral zone" was declared. Belligerents were requested to keep
their naval warfare out of that zone and away from American shores.
The prosecution of the war in Europe between three or four of the
most powerful nations has had its repereussions in all parts of the
world. Complicated situations have developed not only in Europe
but in other continents and in the islands of the seven seas and on the
broad highways of the oceans, American interests have received the
attention of the Government wherever and whenever they have been
involved and whether they have concerned the lives of American
citizens or properties of American ownership.
In a brief few minutes it is impossible to give more than a most generalized statement of American foreign policy. That largely concerns
political and economic matters. It is these which give rise to complications between nations-these, and the unjustifiable use of force to
solve them. As many of these complications have their bases in some
injury to our citizens, we have taken steps to have our citizens leave
dangerous areas and to prevent others from entering those areas.
This does not apply to officers of the Government who are stationed
at posts of duty abroad-like those who went through the siege of
Warsaw; like those in Finland and Norway; like those in Paris,
London, Berlin, and many other points in belligerent territory-who
remain at their posts of duty-outposts of our policy of peace and
at the same time our first line of defense.
As you have heard from the officers responsible for the activities of
the Army and the Navy, the Government is preparing against any pos-
sible eventuality. The Department of State is following the paths
of peace and the difficult and tortuous course of neutrality. We want
to keep out of the war. We are planning to keep out of it. We have
surrendered none of the rights of any individual American. However,
for the benefit of the country as a whole and in pursuance of the desire
of the American people to keep out of the war, we have refrained from
267
52 DOCUMENTS ON AMERICAN FOREIGN RELATIONS
the exercise of certain rights because the exercise of those rights
would take American citizens and American property into combat
areas.
While the war in Europe is claiming constant public attention and
interest, it is important that we do not lose sight of the fact that hos
tilities are also in progress in the Far East.
In the Far East, as in Europe, this Government has sought by a
reasoned approach and by peaceful measures to protect American
rights and interests and to uphold fundamental principles of this country's foreign policy-and continues so to do. There, as in Europe, it
has acquiesced in certain situations but it has reserved its rights in
every instance when they have been challenged.
In this way we hope to prevent incidents from arising which might
otherwise lead to complications. However, this waiver of the exercise
of rights, and the desire of the United States to keep out of war,
should not be misconstrued by any person in this country, or by any
government abroad, as a supine acquiescence in the face of any injury
to the American people or as supreme indifference to any threat at the
freedom and independence of this or any other American republic.
Our voluntary decision not to exercise certain of our rights is predieated on our desire for peace-an orderly, decent peace. It is that kind
of a world we desire to live in. An orderly and decent peace presupposes the observance of treaties and international commercial relations on a basis of reciprocity and fair dealing. One of the most important of the Government's functions involves the protection of our
foreign trade. But the performance of this function does not require
that we proceed by the law of the jungle. On the contrary, in the short
run as well as in the long run, our own interests will be best served if
we adhere faithfully to a policy of fair dealing in our commercial
relations with other countries and, in collaboration rather than in confliet with them, work toward lowering the many obstacles to peaceful trade among nations. The policy of equality of treatment in international commercial relations is traditionally one of the cornerstones
of American foreign policy. Upon this foundation we have been building, during the last 6 years, effectuating a commercial program which
has as one of its principal objectives the firm establishment of the conditions necessary to a peaceful world.
The relationship of the trade-agreements program to peace and order
in the world is simple. Through trade agreements in a peaceful world
PRINCIPLES AND POLICY
V
26
53
nations can increase their commerce with other nations. They can pro-
cure the materials they lack in their own country. They may sell the
products which they may have in abundance for the things they do
not have and provide for the commercial and industrial prosperity of
their citizens. When these citizens are happily employed, when commeree thrives, when people are contented, and when governments are
using the peaceful processes of orderly commerce to provide for the
prosperity of their citizens, then there is less likelihood that those
citizens can be led into the snares and delusions of aggressive warfare
-either economic or actual.
We deplore the existence of war today and foresee in its trail major
difficulties of many kinds if it long continues, if normal trade is further
impeded by military activity, if avenues of commerce are continuingly
disrupted by artificial barriers, if financial structures are more seriously impaired, if discontent is rife, and injustice heavy-handed.
To obviate those consequences so unpleasant to contemplate our foreign policy isFirst, to keep out of war;
Second, to keep alive and preserve all American rights;
Third, to and
minimize
during
commerce
industry;
and-its course the evil effects of war upon
Fourth, to plan with the hope that after the war conditions will be
so stabilized that in peaceful pursuits, established under a broad program of trade agreements, nations will be prosperous, peoples con-
tented, and the causes of war reduced to a minimum.
10. Address by the President Opening the Eighth American
Scientific Congress, Washington, May 10, 1940 1
FELLOW SERVANTS OF THE AMERICAS:
All of the men and women of this Pan American Scientific Congress
have come here tonight with heavy hearts, During the past few years
we have seen event follow event, each and every one of them a shock
to our hopes for the peaceful development of modern civilization.
This very day three more independent nations have been cruelly in-
vaded by force of arms.
1 Department of State, Bulletin, II, p. 494.
C-4
269
International Traffic in Arms
LAWS AND REGULATIONS
ADMINISTERED BY THE SECRETARY OF STATE
GOVERNING THE INTERNATIONAL TRAFFIC IN
ARMS, AMMUNITION, AND IMPLEMENTS OF
WAR AND OTHER MUNITIONS OF WAR
Seventh Edition
International Traffic in Arms
LAWS AND REGULATIONS
ADMINISTERED BY THE SECRETARY OF STATE
GOVERNING THE INTERNATIONAL TRAFFIC IN
ARMS, AMMUNITION, AND IMPLEMENTS OF
WAR AND OTHER MUNITIONS OF WAR
Seventh Edition
K
E
SECURITY
STATES
OF
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1939
and
Contents
Page
INTRODUCTORY STATEMENT
V
PART I
Sections
12, 15, and 16 of the joint resolution approved by the President
November 4, 1939
1
PART II
DEPARTMENT OF STATE
The President's proclamation of May 1, 1937
3
PUBLICATION 1407
PART III
General regulations
6
PART IV
For sale by the Superintendent of Documents, Washington, D.C.
Price 10 cents
Records of manufacture, export, and import
22
PART V
Special provisions in regard to military secreta
23
PART VI
Special provisions in regard to exportation to China, Cuba, Honduras,
and Nicaragua
24
PART VII
Special provisions in regard to the exportation of tin-plate scrap
27
PART VIII
Special provisions in regard to the exportation of hellum gas
(III)
32
etastro
THAT
add rd beronque colluloan datal adt to at has
J
XAM
Introductory Statement
TRAT
#roqui has Morra to
VI
by the Washington D. fly 1249
additional { of beaun ml labout
IV
newbodH ,edu of collahous of Inago al inofsivorq
has
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gaine stalg-alt to collahoqze odd of bream al lalsagE
my THE
SG
any mulled to out of brazin al Laisan't
III
The Secretary of State announces that the regulations contained
herein supersede, as of this date, all previous regulations administered by him governing the international traffic in arms, ammunition,
and implements of war, and other munitions of war.
November 6, 1939.
International Traffic in Arms
LAWS AND REGULATIONS ADMINISTERED BY THE SECRETARY
OF STATE GOVERNING THE INTERNATIONAL TRAFFIC IN ARMS,
AMMUNITION, AND IMPLEMENTS OF WAR, AND OTHER MUNITIONS OF WAR
Part I
SECTIONS 12, 15, AND 16 OF THE JOINT RESOLUTION APPROVED BY
THE PRESIDENT NOVEMBER 4, 1939
Section 12 of the joint resolution approved by the President on
November 4, 1939, reads as follows:
"SEC. 12 (a) There is hereby established a National Munitions
Control Board (hereinafter referred to as the "Board'). The Board
shall consist of the Secretary of State, who shall be chairman and
executive officer of the Board, the Secretary of the Treasury, the
Secretary of War, the Secretary of the Navy, and the Secretary of
Commerce Except as otherwise provided in this section, or by other
law, the administration of this section is vested in the Secretary of
State. The Secretary of State shall promulgate such rules and
regulations with regard to the enforcement of this section as he may
deem necessary to carry out its provisions. The Board shall be
convened by the chairman and shall hold at least one meeting a year.
"(b) Every person who engages in the business of manufacturing,
exporting, or importing any arms, ammunition, or implements of
war listed in a proclamation referred to in or issued under the authority of subsection (i) of this section, whether as an exporter, importer,
manufacturer, or dealer, shall register with the Secretary of State his
name, or business name, principal place of business, and places of
business in the United States, and a list of the arms, ammunition, and
implements of war which he manufactures, imports, or exports.
'(e) Every person required to register under this section shall
notify the Secretary of State of any change in the arms, ammunition,
or implements of war which he exports, imports, or manufactures;
and upon such notification the Secretary of State shall issue to
such person an amended certificate of registration, free of charge,
which shall remain valid until the date of expiration of the
original certificate. Every person required to register under the
provisions of this section shall pay a registration fee of $100. Upon
receipt of the required registration fee, the Secretary of State shall
issue a registration certificate valid for five years, which shall be
renewable for further periods of five years upon the payment for
each renewal of a fee of $100; but valid certificates of registration
(including amended certificates) issued under the authority of section
2 of the joint resolution of August 31, 1935, or section 5 of the joint
resolution of August 31, 1935, as amended. shall, without payment
of any additional registration fee, be considered to be valid certificates
(1)
2
3
of registration issued under this subsection, and shall remain
for the same period as if this joint resolution had not been valid
"(d) It shall be unlawful for any person to export, or enacted.
export, from the United States to any other state, any arms, attempt to
nition, or implements of war listed in a proclamation referred to ammu- in
issued under the authority of subsection (i) of this section, or or
port, or attempt to import, to the United States from to im.
state, any arms, or implements of
any firstname
having
submitted in
of the purchaser and the terms
persons to this section
a
having tary "(e) such of All obtained State proclamation, of the the license required without ammunition, therefor. register under to war of shall any the sale listed Secre- main- other and
tain, subject to the inspection of the Secretary of State, or any
or persons designated by him, such permanent records of manufacture person
for export, importation, and exportation of arms, ammunition, and
implements of war as the Secretary of State shall prescribe.
"(f) Licenses shall be issued by the Secretary of State to
who have registered as herein provided for, except in cases of persons export
or import licenses where the export of arms, ammunition, or implements of war would be in violation of this joint resolution or any other
law of the United States, or of a treaty to which the United States is a
party, in which cases such licenses shall not be issued; but a valid
license issued under the authority of section 2 of the joint resolution
of August 31, 1935, or section 5 of the joint resolution of August 31,
1935, as amended, shall be considered to be a valid license issued
under this subsection, and shall remain valid for the same period as
if this joint resolution had not been enacted.
"(g) No purchase of arms, ammunition, or implements of war shall
be made on behalf of the United States by any officer, executive department, or independent establishment of the Government from any
person who shall have failed to register under the provisions of this
joint resolution
"(h) The Board shall make a report to Congress on January 3 and
July 3 of each year, copies of which shall be distributed as are other
reports transmitted to Congress. Such reports shall contain such
information and data collected by the Board as may be considered of
value in the determination of questions connected with the control of
trade in arms, ammunition, and implements of war, including the
name of the purchaser and the terms of sale made under any such
license. The Board shall include in such reports a list of all persons
required to register under the provisions of this joint resolution, and
full information concerning the licenses issued hereunder, including
the name of the purchaser and the terms of sale made under any such
license.
"(i) The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall
be considered arms, ammunition, and implements of war for the purposes of this section; but the proclamation Numbered 2237, of May
1937 (50 Stat. 1834), defining the term 'arms, ammunition, and implements of war shall, until it is revoked, have full force and effect as if
issued under the authority of this subsection."
Section 15 of the same joint resolution reads as follows:
"SEC. 15. In every case of the violation of any of the provisions of
this joint resolution or of any rule or regulation issued pursuant
thereto where a specific penalty is not herein provided, such violator
or violators, upon conviction, shall be fined not more than $10,000,
or imprisoned not more than two years, or both."
Section 16 of the same joint resolution reads as follows:
"SEC. 16. For the purposes of this joint resolution"(a) The term 'United States'. when used in a geographical sense,
includes the several States and Territories, the insular possessions of
the United States (including the Philippine Islands), the Canal Zone,
and the District of Columbia.
"(b) The term 'person' includes a partnership, company, association, or corporation, as well as a natural person.
'(e) The term 'vessel' means every description of watercraft and
aircraft capable of being used as a means of transportation on, under,
or over water.
"(d) The term 'American vessel' means any vessel documented,
and any aircraft registered or licensed, under the laws of the United
States.
"(e) The term 'state' shall include nation, government, and
country
"(f) The term 'citizen' shall include any individual owing allegiance
to the United States, a partnership, company, or association composed
in whole or in part of citizens of the United States, and any corpora-
tion organized and existing under the laws of the United States as
defined in subsection (a) of this section."
Part II
THE PRESIDENT'S PROCLAMATION OF MAY 1, 1937
The President's Proclamation No. 2237, of May 1, 1937, referred
to in section 12 (i) of the joint resolution of Congress approved
November 4, 1939, quoted above, reads as follows:
By THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS section 5 of the joint resolution of Congress approved
May 1, 1937, amending the joint resolution entitled "Joint resolution
providing for the prohibition of the export of arms, ammunition, and
implements of war to belligerent countries: the prohibition of the
transportation of arms, ammunition, and implements of war by vessels
of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing,
exporting, or importing arms, ammunition, or implements of war; and
restricting travel by American citizens on belligerent ships during
war," approved August 31, 1935, as amended February 29, 1936,
provides in part as follows:
"The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which
shall be considered arms, ammunition, and implements of war for
the purposes of this section."
191494-39-2
5
Now, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of
United States of America, acting under and by virtue of the authority the
conferred upon me by the said joint resolution of Congress, and
suant to the recommendation of the National Munitions Control purBoard, declare and proclaim that the articles listed below shall,
and after June 1, 1937, be considered arms, ammunition, and imple- on
ments
of war for the purposes of section 5 of the said joint resolution
of Congress:
Category I
(1)and
Rifles
and for
carbines
ammunition in excess of caliber
.22,
barrels
those using
weapons;
(2) Machine guns, automatic or autoloading rifles, and machine
pistols
using ammunition in excess of caliber .22, and barrels for
those weapons;
(3) Guns, howitzers, and mortars of all calibers, their mount
ings and barrels;
(4) Ammunition in excess of caliber .22 for the arms enumerated under (1) and (2) above, and cartridge cases or bullets for
such ammunition; filled and unfilled projectiles for the arms
enumerated under (3) above;
(5) Grenades, bombs, torpedoes, mines and depth charges,
filled or unfilled, and apparatus for their use or discharge;
(6) Tanks, military armored vehicles, and armored trains,
Category II
Vessels of war of all kinds, including aircraft carriers and submarines, and armor plate for such vessels.
Category III
(1) Aircraft, unassembled, assembled, or dismantled, both
heavier and lighter than air. which are designed, adapted, and
intended for aerial combat by the use of machine guns or of
artillery or for the carrying and dropping of bombs, or which
are equipped with, or which by reason of design or construction
are prepared for, any of the appliances referred to in paragraph
(2) below:
(2) Aerial gun mounts and frames, bomb racks, torpedo carriers, and bomb or torpedo release mechanisms.
Category IV
(1) Revolvers and automatic pistols using ammunition in
excess of caliber 22;
(2) Ammunition in excess of caliber 22 for the arms enumerated
under (1) above, and cartridge cases or bullets for such
ammunition.
Category VI
(1) Livens projectors and flame throwers;
(2) a. Mustard gas (dichlorethyl sulphide);
b. Lewisite
(chlorvinyldichlorarsine and dichlordivinylchlorarsine)
c. Methyldichlorarsine;
d. Diphenylchlorarsine;
e. Diphenylcyanarsine;
f. Diphenylaminechlorarsine;
g. Phenyldichlorarsine;
h. Ethyldichlorarsine;
i. Phenyldibromarsine;
j. Ethyldibromarsine;
k. Phosgene;
1. Monochlormethylchlorformate;
m. Trichlormethylchlorformate (diphosgene);
n. Dichlordimethyl Ether;
O. Dibromdimethyl Ether;
p. Cyanogen Chloride;
q. EthyIbromacetate;
r. Ethyliodoacetate;
8. Brombenzyleyanide;
t. Bromacetone;
u. Brommethylethyl ketone.
Category VII
(1) Propellant powders;
(2) High explosives as follows:
a. Nitrocellulose having a nitrogen content of more than
12%;
b. Trinitrotoluene;
c. Trinitroxylene;
d. Tetryl (trinitrophenol methyl nitramine or tetranitro
methylaniline);
e. Picric acid;
f. Ammonium picrate;
g. Trinitroanisol;
h. Trinitronaphthalene;
i. Tetranitronaphthalene;
i. Hexanitrodiphenylamine
k. Pentaerythritetetranitrate (Penthrite or Pentrite);
1. Trimethylenetrinitramine (Hexogen or T.);
m. Potassium nitrate powders (black saltpeter powder);
n. Sodium nitrate powders (black soda powder);
O. Amatol (mixture of ammonium nitrate and trinitrotoluene);
Category V
(1) Aircraft, unassembled, assembled or dismantled, both
heavier and lighter than air, other than those included in Category III;
(2) Propellers or air screws, fuselages, hulls, wings, tail units,
and under-carriage units;
(3) Aircraft engines, unassembled, assembled, or dismantled.
p. Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other
ingredients);
q. Schneiderite (mixture of ammonium nitrate and dinitronaphthalene, with or without other ingredients).
This proclamation shall supersede the proclamation of April 10,
1936, entitled "Enumeration of Arms, Ammunition, and Implements
of War," on June 1, 1937.
6
7
IN WITNESS
WHEREOF,
hereunto
my hand and caused the
Seal
of the United
States ofI have
America
to beset
affixed.
DONE at the city of Washington this first day of May, in the
REGISTRATION NUMBER
of our Lord nineteen hundred and thirty-seven, and of year the
(Net to be filled In by the applicant)
[SEAL]
Independence
of the United States of America the one
hundred
and sixty-first.
United States of America
FRANKLIN D ROOSEVELT
By the President:
CORDELL HULL
Secretary of State.
DEPARTMENT OF STATE
Part III
GENERAL REGULATIONS
APPLICATION FOR REGISTRATION
Persons Engaged in the Business of Manufacturing, Exporting, or Importing
Arms, Ammunition, or Implements of War. Pursuant to Section 12 of the
Joint Resolution of Congress Approved by the President November 4, 1939.
In compliance with that paragraph of section 12 of the joint resolution approved November 4, 1939, which requires the Secretary of
State to promulgate such rules and regulations with regard to the
enforcement of that section as he may deem necessary to carry out
(3) Name
ofas
person
(the
term "person" includes a partnership, company. association, or corporation,
well
. natural
person):
its provisions, the Secretary of State promulgates the following
8 Principal place of business
regulations:
(1) All persons engaged in the business of manufacturing, exporting,
or importing any of the arms, ammunition, or implements of war
enumerated in the President's proclamation of May 1, 1937, shall
register with the Secretary of State by duly filling out and transmitting to the Secretary of State an application for registration in
the form printed below. The articles manufactured, exported, or
imported shall be listed on the application for registration under the
same categories and in precisely the same terms in which they are
listed in the President's proclamation of May 1, 1937. Applications
for registration must be signed and sworn to in the presence of I
notary public before they are transmitted to the Secretary of State.
(The applicant shall all In all of the following spaces)
8 Other places of business to the United States:
manufacture
(4) The applicant is engaged in the importation of arms, ammunition or implements of war. (Strike out
exportation
the designation or designations not applicable to the business of the applicant.)
(1)
List of the arms. minition, and Implements of war -antentred imported or exported. (The
articles manufactured imported, or exported shall be listed under the following categories in precisely
the same terms is which they are listed in the President's proclamation of May 1, 1937.)
Category I
Chargery II
Calagary III
Category IV
Category V
9
8
(manufacture)
(4)
The
applicant is engaged to the exportation
importation) of arma, ammunition, or Implements of war. (Strike
out the designation or designations not applicable to the business of the applient.)
(1)
List of the arms, ammunition and implements of war manufactured, Imported or exported
(The
manufactured, imported or exported shall be listed under the following categories is pre-
the same terms In which they are listed in the President's proclamation of May 1, 1937.)
Category
Cologies II
Includes all articles defined as arms. ammunition and Implements of was by the Prest
nation of May 1, 1937, which are manufactured, imported, or exported by the undersigned
1st
Caleport III
(Signature)
(If the applicant partnership company
corporation, the signature
be that of its duly authorized representative.)
sealed is my presence this
day of
219
Category IV
(Notary public)
ation fee of $100 is transmitted herewith to the form of certified
check)
(money order
Category
V
Id be made payable to the order of the Secretary of State.)
(Perforation)
Category VI
REGISTRATION NUMBER
(Not to be filled to by the applicant)
Category VII
United States of America
DEPARTMENT OF STATE
(These spaces are not to be filled in by the applicant)
CERTIFICATE OF REGISTRATION
This certifies that the person named above has registered in compliance with the provisions of the joint
resolution of Congress approved November 4, 1939, and has paid the required registration fee of $100.
Engaged In the Business of Manufacturing, Exporting. or Importing
, Ammunition, or Implements of War, Pursuant to Section 12 of the
Resolution of Congress Approved by the President November 4. 1939.
This
certificate is valid for . period of 5 years from
For THE SECRETARY OF STATE:
(SEAL)
By
(The applicant shall an in all of the following spaces)
person (the term "person" includes a partnership, company. association. or corporation, M
a natural person):
place of business:
sees of business in the United States:
(2) Applications for registration transmitted to the Secretary of
State must be accompanied by a registration fee of $100 in the form
of a money order or a certified check.
(3) Upon receipt of an application for registration and the appended
certificate of registration duly filled out and accompanied by a
registration fee of $100, the Secretary of State will return to the
applicant, as a receipt, the certificate of registration, duly signed
10
11
and sealed. This certificate of registration must be conspicuously
displayed at the principal place of business of the person registered
(4) Every person registered shall notify the Secretary of State of
any change in the information set forth in his certificate of registration. If the change involves a revision of the list of arms, ammunition, and implements of war which he manufactures, exports or imports, or a change of name, such registered person shall submit, on
the form described in paragraph (1) above, an application for an
amended certificate of registration, including this information Upon
the receipt of a duly executed application therefor, the Secretary of
State will issue to such person, free of charge, an amended certificate
of registration which will remain valid until the date of the expiration
of his original certificate.
(5) Manufacturers, exporters, and importers of component parts of
the articles or units enumerated in the President's proclamation of
May 1, 1937, but not of a complete article or unit listed in that proclamation, are not required to register under the joint resolution Aircraft wheels and aircraft propeller blades are, however, considered as
constituting to such an unusual degree the main body of aircraft
under-carriage units and aircraft propellers that the manufacture,
export, or import of such wheels or blades alone is held to subject the
manufacturer, exporter, or importer to the requirement of registration
(6) Forgings, castings, and machined bodies for any of the arms,
ammunition, or implements of war enumerated in the President's proclamation of May 1, 1937, which have reached such a stage in manufacture that they are clearly identifiable as forgings, castings, or machined bodies for arms, ammunition, and implements of war, are considered as constituting arms, ammunition, and implements of war for
the purposes of section 12 of the joint resolution.
(7) Club propellers, cut away models of aircraft engines and mockups or models of arms, ammunition, and implements of war which by
reason of design or construction are incapable of being used or of
being adapted for use in flight or for military or naval purposes will
not be considered as arms, ammunition, or implements of war within
the meaning of section 12 of the joint resolution.
(8) The production for experimental or scientific purposes, when
such production is not followed by sale, of the appliances and sub-
stances included in category VI, or of single units of other arms,
ammunition, and implements of war, is not considered as manufacture for the purposes of section 12 of the joint resolution.
(9) Persons who are not engaged in the business of exporting or
importing arms, ammunition, or implements of war, but who, either
for their own personal use or as forwarding agents for persons who
are engaged in this business, or, in exceptional circumstances, in other
capacities, may make or receive occasional shipments of such articles,
will not be considered as exporters or importers of arms, ammunition,
and implements of war within the meaning of section 12 of the joint
resolution. Licenses for such shipments may be obtained in accordance
with the provisions of paragraph (24) below.
(10) The provisions of these regulations shall be considered as
binding in addition to, and not in lieu of, those established under the
act known as the National Firearms Act (26 U. S. C. (1934) 11321132q incl.; Supp. IV 1132-1132b incl.), approved by the President
June 26, 1934, as amended; and under the Federal Firearms Act
(15 C. Supp. IV 901-909 incl.), approved by the President June
30, 1938. The National Firearms Act imposes certain taxes upon
manufacturers, importers, and dealers in certain firearms and taxes
upon transfers of certain firearms. The term "firearm" as used in this
act includes "a shotgun or rifle having a barrel of less than eighteen
inches in length, or any other weapon, except a pistol or revolver, from
which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a
muffler or silencer for any firearm whether or not such firearm is
included within the foregoing definition, but does not include any
rifle which is within the foregoing provisions solely by reason of the
length of its barrel if the caliber of such rifle is .22 or smaller and if
its barrel is sixteen inches or more in length." The Federal Firearms
Act applies to manufacturers and dealers who are engaged in interstate or foreign commerce in firearms and ammunition. The term
"firearm" as used in this act means "any weapon, by whatever name
known, which is designed to expel a projectile or projectiles by the
action of an explosive and a firearm muffler or firearm silencer, or any
part or parts of such weapon," and the term "ammunition" includes
"all pistol or revolver ammunition except .22-caliber rim-fire ammuni-
tion." Rules and regulations for the enforcement of these acts are
prescribed by the Commissioner of Internal Revenue, with the
approval of the Secretary of the Treasury.
(11) No person not registered under section 12 of the joint resolution shall engage in the business of exporting or importing any of the
arms, ammunition, or implements of war listed in the President's
proclamation of May 1, 1937. All persons registered shall obtain from
the Secretary of State a license to cover each shipment exported or
imported. Blank forms of application for license similar to those
printed below will be furnished by the Secretary of State upon
request.
12
13
DEPARTMENT OF STATE
(6) Quantity
(7) Commodity (to be listed as indicated under Instruction (c))
(8) A approximate
net value
United States of America
APPLICATION FOR LICENSE TO EXPORT ARMS, AMMUNITION,
OR IMPLEMENTS OF WAR
(Application to be made in duplicate)
ORIGINAL
APPLICANT'S
LICENSE NO
REGISTRATION NO
(Insert here name of country of destination)
(For official use only)
GENERAL INSTRUCTIONS
One duplicate application should be made for each complete shipment to any one consignee, and may
(a) Include more than one commodity, but may not include shipments to more than one country
(a) A polications
legibly in ink.should be typewritten, with the exception of signature, but will be considered if written
(e) Commodities appearing under (7) below should be listed under the number of the pertinent catégory
and category subdivision of that Presidential proclamation enumerating arms ammunition and
implements of war which is in effect on the date the application is submitted. Earl commodity
listed
should
be designated clearly and specifically, the type and model designation being included
whenever
possible
value should be given under (8) below for each category, and for each subdivision of rate
(d) A separate which enters into the shipment covered by the application. Values listed should represent the
gory. selline
price only of the articles exported, and should not include such supplementary costs as packing
etc.
(e)
Unsignedwill
freight. returned.
applications or applications which omit essential information called for in the numbered
be
in
When spaces countersigned and impressed with the seal of the Department of State, this application becomes
(a) Any license. attempt to export a commodity differing in any way from that licensed. or any alteration of .
license.
exceptChanges
by duly authorised
officer of theforth
Government
is punishable
arts
have under
which
been appropriate
licenses
information
issued
under
CONETIES
in
the
set
in
the
seal
of of the Secretary of State can be effected by amendments which can be made only by the Department
of State or by collectors of customs or postmasters acting under the specific instructions of the Depart-
ment of State.
IEPARTMENT OF STATE.
(1) State the specific purpose for which the material is required:
m Date of application
(2) Applicant , reference No
Washington, D.C.
The undersigned hereby applies for license to export the commodity described below and warrants the
truth of all statements and answers berewith made regarding it
(3) Name of applicant
By
(State Province
(City
Country
Address
(Street
(City
Address Street
City
State
Nationality
(ii) Consignor in United States
City
Nature of business
(12) Port of exit in the United States from which it is propered to export the shipment
(State Province
Country
Name
Name
Address: Street
Nationality
Name
(5) Purchaser in foreign country
(10) License to be sent to
State
License is hereby granted to the applicant mentioned herein to export from the United States of America
the commodity as described and in the quantity given,
on the following terms and conditions:
the
This license G not transferable and is subject to revocation without notice.
Shipment must be made from port of exit within 1 year from date of this license as given below under
seal
the
Department
Export licenses must be filed with the collector of customs at the port from which the shipment is departing from the United States at least 24 hours before the proposed departure and, in the case of shipment by
scagoing vessel, 24 hours before the lading of the vessel.
a
Address
(To be signed in ink)
(Street
to
(4) Consignee to foreign country
of
Nationality
Name
14
partial
are made on this license, endorsements by the collectors of customs or postmasters
willIfbe
madeshipments
below.
Description
Quantity
Value
Port of exit
Date
Officer
FOR COLLECTORS OF CUSTOMS AND POSTMASTERS
This license should be returned to the Secretary of State at the and of the month during which the last
article of the shipment described therein was exported, or during which notice has been given that the to
maining balance will not be shipped, or during which the license has been revoked or has expired. When
the entire shipment has been exported, the license should be marked "COMPLETED" otherwise the
returned license should best a notation stating the reason for its return and the quantity and value of the
articles actually shipped.
Date of License
(For official use only)
For THE SECRETARY or STATE:
(When countersigned and impressed with the real of the De
partment of State, this application becomes a license.)
By
(For official use only)
Applicant's registration No
Applicant reference No
Check the terms of sale of the commodities listed under (7) to the purchaser named under (5)
Check
Full payment on delivery at factory.
Full payment on delivery at port of exit.
Full payment on delivery at final destination
Full payment within
days after delivery at factory.
Full payment within
days after delivery at port of exit.
Full payment within
days after delivery at final destination
Partial payment in advance of delivery and full payment on delivery at factory.
Partial payment in advance of delivery and full payment on delivery at port of exit.
Partial payment in advance of delivery and full payment on delivery at final destination
days after delivery at
Partial payment in advance of delivery and full payment within
factory.
Partial
payment in advance of delivery and full payment within
port of exit.
Partial payment in advance of delivery and full payment within
final destination
Other terms: (Explain fully)
days after delivery at
days after delivery at
15
DEPARTMENT OF STATE
United States of America
APPLICATION FOR LICENSE TO IMPORT ARMS. AMMUNITION,
OR IMPLEMENTS OF WAR
(Application to be made in duplicate)
APPLICANT'S
REGISTRATION NO
ORIGINAL
LICENSE NO.
(Insert here name of country of origin)
(For official use only)
GENERAL INSTRUCTIONS
(a) One duplicate application should be made for each complete shipment imported, and may cover more
than one commodity, but may not cover shipments from more than one country.
(6) Applications should be typewritten, with the exception of signature, but will be considered If written
"legibly in ink.
Where exact number of packages, weight, and value cannot be ascertained at the time of application.
estimates should be given. Blight variations may be allowed
4 Commodities appearing under (n) below should be listed under the number of the pertinent category
and category subdivision of the President's proclamation of May 1. 1937. Each commodity listed
should be designated clearly and specifically, the type and model designation being included when-
(c)
ever possible.
A
(a)
separate value should be given under (9) below for each category, and for each subdivision of a cate
gory. which enters into the shipment covered by the application. Values listed should comprise the
cost of the article imported only, and should not include such supplementary costs as packing. freight.
etc.
is Unsigned
applications
spaces will
be returned or applications which omit essential Information called for is the numbered
($)
Any attempt to Import a commodity differing in any way from that licensed. or any alteration of .
license in an attempt to import without . license, is punishable under appropriate acts by Congress
(a)
Thre countersigned and impressed with the seal of the Department of State, this application becomes
. license.
DEPARTMENT OF STATE,
(1) Date of application
(2) Applicant? reference No
Washington, D.C.
The undersigned hereby applies for license to import the commodity described below and warrants the
truth of all statements and answers berewith made regarding it.
B Name of applicant
By
Nationality
Name
(4) Consignor in foreign country
Address
(Street
(City
Name
(3) Seller is foreign country
Address
(To be signed In ink)
(State or Province
Country
Nationality
(Street
(State or Province
City
Country
16
17
(4) Commodity and quantity thereof (to be listed as indicated
under Instruction (d))
(7) Num
ber of
articles
II partial shipments are received on this license, endorsements by the collectors of customs will be made
(8) Approxi-
below.
(R) Approve
mate gross
weight
mate net
value
Description
Quantity
Number of
Value
articles
Port of entry
Date
Name of officer
(10) State the specific purpose for which the material is required:
After all of the articles or commedities listed under (6) above have been imported, the collector of customer
should write the word "COMPLETED" under that paragraph and return the license to the Secretary of
State Should the license expire or be revoked before the shipment has been completed, or should the
importer state that be does not desire to complete the shipment, the collector should note, is the space
immediately above. the articles which have been imported under the license and should then return it to
the Secretary of State
(11) License to be set to
Name
Address: Street
(Name
(12) Consignee in United States
Address: Street
Nature of business
City
Date of license
State
Nationality
City
(For official use only)
State
(13) Part efectry in the United States through which it is proposed to import the shiper ent
fromLicense is hereby granted to the applicant mentioned herein to import into the United States of America
the commodity as described and is
quantity given on the following terms and conditions:
This license is not transferable and is subject to revoes tion without notice.
Shipment must be received at the port of entry within 1 year from date of this license as given below under
the seal of the Department.
(When countersigned and Impressed with the seal of the Department of State, this application becomes . license.)
For THE SECRETARY or STATE
By
the
(For official use only)
Applicant's registration No
Applicant's reference No
Name of purchaser in the United States
Check the terms of sale of the commodities listed under (6) to the purchaser in the United States.
Check
OFFILL payment on delivery at factory
OFFILL payment on delivery at port of exit.
OFull payment on delivery at final destination
OFull payment within
days after delivery at factory
OFall payment within
days after delivery at port of exit
Full payment within
days after delivery at final destination
o Partial payment in advance of delivery and full payment on delivery at factory
exit
Partial payment in advance of delivery and full payment on delivery at port of
Partial payment in advance of delivery and full payment on delivery at final destination
Partial
payment in advance of delivery and full payment within
factory.
days after delivery at
Partial
payment In advance of delivery and full payment within
port of exit.
days after delivery at
Partial payment in advance of delivery and full payment within
final destination.
Other terms: (Explain fully)
days after delivery at
18
19
(12) The Secretary of State will issue import licenses to all registered
applicants who have duly filled out an application for license, provided that, in case the articles to be imported are firearms as enumerated in the National Firearms Act of June 26, 1934, as amended, or
firearms or ammunition as enumerated in the Federal Firearms
Act of June 30, 1938, both of which acts are referred to under (10)
above, the importer has conformed to the pertinent regulations
prescribed by the Secretary of the Treasury.
(13) The Secretary of State will issue export licenses to all registered
applicants who have duly filled out an application for license, unless
the exportation of arms, ammunition, or implements of war for which
& license is applied for would be in violation of a law of the United
States or of a treaty to which the United States is a party. (See
parts V and VI below.)
(14) Export and import licenses are not transferable and are subject to revocation without notice, if the exportation or the importation
authorized by the license becomes illegal before the shipment is made.
If not revoked, licenses are valid for 1 year from the date of issuance,
and shipments thereunder may be made through any port of exit
or entry in the United States. The naming of the proposed port of
exit under paragraph (12) of the application for export license the
proposed port of entry under paragraph (13) of the application
for import license does not preclude shipment through another port
if the arrangements made by the exporter or importer are altered
subsequent to the issuance of the license.
(15) No alterations may be made except by the Department of
State, or by collectors of customs or postmasters acting under the
specific instructions of the Department of State, in export or import
licenses which have been issued under the seal of the Secretary of
State.
(16) Export or import licenses which have been revoked or which
have expired must be returned immediately to the Secretary of State.
(17) The country designated on the application for license to
export as the country of destination should, in each case, be the country
of ultimate destination. If the goods to be exported are consigned
to one country, with the intention that they be transshipped thence to
another country, the latter country should be named as the country
of destination. If the country of ultimate destination cannot be
ascertained at the time the application for export license is made, the
country of initial destination may be named on the application as the
country of destination. In such a case, however, the facts must be
clearly explained and the Secretary of State must be informed of the
ultimate destination by the exporter as soon as the latter has learned
the country of ultimate destination of the shipment. The Secretary
of State may refuse to grant an application for an export license until
he is informed of the country of ultimate destination in order that
he may assure himself that the license may be legally issued.
(18) The shipper's export declaration (Customs Form 7525) covering
arms, ammunition, or implements of war for which an export license
is required must contain the same information in regard to the nature
and the value of the articles to be exported as that which appears on
the application for license. If the person designated on the export
declaration as the actual shipper of the goods is not the person to
whom the export license has been issued by the Secretary of State,
the name of this shipper should appear on the export license as that
of the consignor in the United States.
(19) Applications for license to export arms, ammunition, and implements of war should state, whenever possible, the type and model
designation of the article to be exported in order that the Secretary
of State may determine, before issuing the license, that the provisions
of Part V of these regulations would not be violated by the exportation of the article in question. If an application is submitted in which
the articles to be exported are inadequately designated, it will be
returned to the applicant for completion in this respect.
(20) The originals of licenses for the export and the import of
arms, ammunition, and implements of war must be presented to the
collector of customs at the port through which the shipment authorized by the license is being made. Export and import licenses
covering arms, ammunition, and implements of war must be filed
with the appropriate collector of customs before the exportation
or importation is made.
(21) Arms, ammunition, and implements of war covered by an
export license must, when exported, be packed separately from all
other goods, except when the shipment is too small to make this
segregation practical, in which case the exporter should list separately
in the application for an export license those other articles which do
not require a license but which are being included in the package.
(22) Export and import licenses for arms, ammunition, and implements of war which are shipped by parcel post must be presented to
the postmaster at the post office at which the parcel is mailed or
received.
(23) Articles entering or leaving a port of the United States, in
transit through the territory of the United States to a foreign country,
will not be considered as imported or exported within the meaning of
section 12 of the joint resolution.
(24) Persons who are registered as exporters or importers of arms,
ammunition, or implements of war under section 12 of the joint resolution may make application for export or import licenses on behalf
20
21
of persons who are not required to register under the joint resolution
but who may, in accordance with the provisions of paragraph
carriage units and aircraft propellers that a license is required for the
export or the import of wheels and propeller blades, even when they
above, or
desire
to make or
nition,
implements
ofreceive
war. occasional shipments of arms, ammy. (9)
are shipped alone.
(25) Arms, ammunition, and implements of war which are more
than 100 years old will not be considered as arms, ammunition, or
implements of war within the meaning of section 12 of the joint resolution. Evidence in support of exemptions claimed hereunder should
be
submitted to the collector of customs at the port of entry or exit, as
the case may be.
(26) Rifles, carbines, revolvers, and pistols entering the United
States in single units for the individual use of the person to whom consigned will not be considered as imported within the meaning of section
12 of the joint resolution. (This does not relieve the consignee from
the obligation to comply with such of the regulations prescribed by
the Commissioner of Internal Revenue, with the approval of the
Secretary of the Treasury, under the National Firearms Act of June
26, 1934, as amended, and the Federal Firearms Act of June 30, 1938,
referred to in (10) above, as may be applicable in the premises.)
(27) Arms and ammunition intended exclusively for sporting or
scientific purposes or for personal protection, when entering or leaving
the United States carried on the person of an individual or in his
baggage, will not be considered as imported or exported within the
meaning of section 12 of the joint resolution.
(28) The Government of the United States and its agencies are not
"persons" within the meaning of that term as used in section 12 of the
joint resolution and therefore no license is required for arms, ammunition, or implements of war imported or exported by them.
(29) Arms and implements of war which have been legally exported
from the United States, and which are returned to the United States
worn or damaged for repair and reexport, will not be considered as
imported within the meaning of section 12 of the joint resolution. An
export license must be obtained, however, before such articles are
reexported. Evidence in support of exemptions claimed hereunder
should be submitted to the collector of customs at the port of entry.
(30) Licenses are required under the provisions of section 12 of the
joint resolution for the export or the import of those articles only which
are specifically mentioned in the President's proclamation of May 1,
1937. No license is required for the export or the import of the component parts of the articles or units enumerated in that proclamation,
except in cases where the export or import of such parts may reason-
ably be considered as involving, in fact, the export or import of a
substantially complete article or unit in unassembled form. Aircraft
wheels and aircraft propeller blades are, however, considered as
constituting to such an unusual degree the main body of aircraft under-
(31) A license is required for the export of all articles listed in subsection (5) of category I of the President's proclamation of May 1,
1937, which are intended or adapted for war purposes. The fact that
such an article, when exported, is filled with a nonlethal gas or fluid
having a common nonmilitary use will be considered as prima-facie
evidence that the article is not intended for war purposes. No
license is required for the export of articles listed under subsection (5),
even if exported empty, which are adapted and intended solely for
nonmilitary use. Articles listed in subsection (5) will be considered
ipso facto as intended or adapted for war purposes, unless when exported they either contain a nonlethal gas or fluid or can be proven
to be adapted and intended solely for a specific nonmilitary use.
(32) The terms "propellant powders," as used in paragraph (1) of
category VII of the President's proclamation of May 1, 1937, and
"potassium nitrate powders" and "sodium nitrate powders," as used
in paragraph (2) of that category, apply to those powders in bulk
form. They do not apply to such powders when enclosed in cartridges
of types not enumerated in the proclamation, in pyrotechnics, in
safety fuse, or in other similar devices. Licenses will not, therefore,
be required for the export or import of such cartridges or devices,
even though they may contain one of these powders.
(33) Aircraft flown or shipped from the United States for a
temporary sojourn abroad, of not to exceed 6 months' duration, will
not be considered as exported within the meaning of section 12 of the
joint resolution when it is the intention of their owners that they shall
remain under United States registry and shall be operated by a United
States licensed pilot (except during demonstration flights) during
the entire period of their sojourn abroad, and, further, when there is
no intention on the part of their owners to dispose of them
or of any of their essential parts listed in the President's proclamation of May 1, 1937, in any foreign country. It should be
noted that the United States registry of an aircraft which is
sold to an alien either in the United States or abroad is canceled
automatically at the time of the sale under the Civil Air Regulations
of the Civil Aeronautics Authority. Should the owners, after the
departure of an aircraft flown or shipped from the United States
without an export license, propose to place the aircraft under foreign
registry or to have it operated by a pilot not holding a United States
license (except during demonstration flights), or to dispose of the
aircraft or any of the essential parts referred to in any foreign
country, the aircraft, or the part in question, must be returned to
the United States and a license obtained for its export to the coun-
22
23
try concerned. Aircraft of United States registry returning to the
United States from foreign countries will not be considered as im.
ported within the meaning of section 12 of the joint resolution. Air.
craft of foreign registry entering the United States for a temporary
sojourn or leaving the United States after such a sojourn will not be
considered
asresolution.
imported or exported within the meaning of section
12 of the joint
(34) Aircraft flown or shipped for temporary sojourn under the
provisions of paragraph (33) above shall not be so flown or shipped
until customs clearance has been obtained. Evidence in support of
all other records, special permanent records in which shall be recorded
the amounts and estimated values of the arms, ammunition, and
implements of war manufactured by them for export, and similar
records of all arms, ammunition, and implements of war imported or
exported by them. The records of articles imported shall, in addition,
contain information as to the consignors of articles imported and the
port of origin of each shipment. The records of articles exported
shall, in addition, contain information as to the consignees and the
destination of each shipment.
Part V
claim for exemption from the requirement of an import or export
license should be submitted to the appropriate collector of customs.
Aircraft flown into the United States should be cleared through the
customs authorities at the airport of entry where first landing is made
or at such other airport or base where advance permission to land
has been obtained from the Commissioner of Customs. In case of
forced landings of aircraft arriving in the United States clearance
should be obtained at the port of entry or custom house nearest to
the place where such forced landing is made. Aircraft flown out of
the United States should be cleared through the customs authorities
at the customs port of entry nearest to the place of departure, or at
the airport of departure if such airport has been designated as an airport of entry. Before an aircraft of United States registry leaves the
United States for a temporary sojourn abroad, the customs authorities at the port of exit through which the aircraft is cleared should
be informed of the approximate date of return of the aircraft and the
port of entry through which it is proposed to return the aircraft to
the United States. Persons planning to make flights outside the
United States are advised, moreover, to communicate with the Civil
Aeronautics Authority with regard to its requirements. The require-
ments set forth herein have no application to civil aircraft operated by commercial air lines on regular schedules between the
United States and foreign countries under certificates of public convenience and necessity or foreign air carrier permits issued by the
Civil Aeronautics Authority. The provisions of this paragraph shall
be considered as binding in addition to, and not in lieu of, the customs
regulations.
Part IV
RECORDS OF MANUFACTURE, EXPORT, AND IMPORT
The Secretary of State prescribes that all persons required to
register under section 12 of the joint resolution approved November
4, 1939, shall maintain, subject to the inspection of the duly authorized agents of the Secretary of State or of any other enforcement
agency of the Government of the United States. and distinct from
SPECIAL PROVISIONS IN REGARD TO MILITARY SECRETS
Title I of the Espionage Act, approved June 15, 1917, reads in part
as follows:
"Whoever, with intent or reason to believe that it is to be used to
the injury of the United States or to the advantage of a foreign nation,
communicates, delivers, or transmits, or attempts to, or aids or
induces another to, communicate, deliver, or transmit, to any foreign
government, or to any faction or party or military or naval force
within a foreign country, whether recognized or unrecognized by the
United States, or to any representative, officer, agent, employee,
subject, or citizen thereof, either directly or indirectly, any document,
writing, code book, signal book, sketch, photograph, photographic
negative, blue print, plan, map, model, note, instrument, appliance,
or information relating to the national defense, shall be punished by
imprisonment for not more than twenty years
The Secretary of State will not issue a license authorizing the exportation of any arms, ammunition, or implements of war considered
by the Secretary of War or by the Secretary of the Navy as instruments or appliances included among the articles covered by those
terms as used in this act if, in their opinion, they involve military
secrets of interest to the national defense. The articles which may be
so considered are articles falling within one of the following categories:
"(a) Articles, the whole or any features of which have been or are
being developed or manufactured by or for the War Department or
the Navy Department or with the participation of either of those
Departments; and
"(b) Articles, the whole or any features of which have been used
or are being used by the War Department or the Navy Department
or which either Department has contracted to procure.
Included among articles developed by or for the War Department
or the Navy Department are articles the development of which has
been contracted for by either of those departments, or which have
been developed in accordance with Army or Navy specifications and
submitted to either department for evaluation for procurement.
24
25
Prospective exporters of articles falling within the above categories
which may possibly involve military secrets of interest to the national
defense, or persons desirous of transmitting abroad information con-
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
cerning such articles, should communicate with the Secretary of
State in advance of the proposed transaction in order that he may
WHEREAS, Section I of a Joint Resolution of Congress, entitled a
"Joint Resolution To prohibit the exportation of arms or munitions
of war from the United States to certain countries, and for other
military secrets are, in fact, involved therein. The articles upon
purposes," approved January 31, 1922, provides as follows:
be in a position to ascertain for the interested person whether or not
which a determination is requested should be designated clearly and
specifically, the type and model designations being included. Where
applicable, Army or Navy drawing numbers should be given, or
detailed plans and specifications submitted.
Part VI
SPECIAL PROVISIONS IN REGARD TO EXPORTATION TO CHINA, CUBA,
HONDURAS, AND NICARAGUA
A joint resolution of Congress approved January 31, 1922, reads
in part as follows:
That whenever the President finds that in any American
country, or in any country in which the United States exercises extraterritorial jurisdiction, conditions of domestic violence exist, which
are or may be promoted by the use of arms or munitions of war procured from the United States, and makes proclamation thereof, it
shall be unlawful to export, except under such limitations and exceptions as the President prescribes, any arms or munitions of war from
any place in the United States to such country until otherwise ordered
by the President or by Congress.
"SEC. 2. Whoever exports any arms or munitions of war in violation
of section 1 shall, on conviction, be punished by fine not exceeding
$10,000, or by imprisonment not exceeding two years, or both."
A convention between the United States of America and other
American republics in regard to the duties and rights of states in the
event of civil strife, signed at Habana, February 20, 1928, and ratified
by the United States on May 21, 1930, reads in part as follows:
"ARTICLE 1
"The contracting states bind themselves to observe the following
rules with regard to civil strife in another one of them:
"3. To forbid the traffic in arms and war material, except when
intended for the government, while the belligerency of the rebels has
not been recognized, in which latter case the rules of neutrality shall
be applied."
Pursuant to the authority conferred by the joint resolution
of January 31, 1922, a Presidential proclamation, which is still
in effect, was_issued on March 4, 1922, in respect to China, as follows:
"That whenever the President finds that in any American
country, or in any country in which the United States exercises
extraterritorial jurisdiction, conditions of domestic violence exist,
which are or may be promoted by the use of arms or munitions
of war procured from the United States, and makes proclamation thereof, it shall be unlawful to export, except under such
limitations and exceptions as the President prescribes, any arms
or munitions of war from any place in the United States to such
country until otherwise ordered by the President or by Congress."
And whereas, it is provided by Section II of the said Joint Resolution that "Whoever exports any arms or munitions of war in violation of section 1 shall on conviction, be punished by fine not exceeding
$10,000, or by imprisonment not exceeding two years, or both.'
Now, therefore, I, Warren G. Harding, President of the United
States of America, acting under and by virtue of the authority conferred in me by the said Joint Resolution of Congress, do hereby
declare and proclaim that I have found that there exist in China such
conditions of domestic violence which are or may be promoted by the
use of arms or munitions of war procured from the United States as
contemplated by the said Joint Resolution: and I do hereby admonish all citizens of the United States and every person to abstain from
every violation of the provisions of the Joint Resolution above set
forth, hereby made applicable to China, and I do hereby warn them
that all violations of such provisions will be rigorously prosecuted.
And I do hereby enjoin upon all officers of the United States,
charged with the execution of the laws thereof, the utmost diligence in
preventing violations of the said Joint Resolution and this my Procla-
mation issued thereunder, and in bringing to trial and punishment
any offenders against the same.
And I do hereby delegate to the Secretary of State the Power of
prescribing exceptions and limitations to the application of the said
Joint Resolution of January 31, 1922, as made effective by this my
Proclamation issued thereunder.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of the United States to be affixed.
DONE at the City of Washington this fourth day of March in the
year of our Lord one thousand nine hundred and twenty[SEAL]
two and of the Independence of the United States of America
the one hundred and forty-sixth.
WARREN G HARDING
By the President:
HENRY P. FLETCHER
Acting Secretary of State.
26
27
Similar Presidential proclamations, which are still in effect,
issued on March 22, 1924, in respect of Honduras; on September were 15,
1926, in respect of Nicaragua; and on June 29, 1934, in respect of Cuba
In accordance with the authority conferred upon him in these
proclamations, the Secretary of State will permit the exportation to
China, Cuba, Honduras, and Nicaragua of the arms, ammunition,
and implements of war listed in the President's proclamation of May
1, 1937, only when the Department of State has been informed by
the Chinese Embassy in Washington, the Cuban Embassy in Washington, the Honduran Legation in Washington, or the Nicaraguan
Legation in Washington, as the case may be, that it is the desire of
the government of the country into which the arms, ammunition, or
implements of war are to be imported, that the exportation of the
shipment be authorized.
The bringing about of notification to the Department of Stats
through the appropriate embassy or legation that the government of
an importing state desires that the exportation of a shipment be
authorized is a matter with regard to which the initiative and responsibility lie with the importing government and the potential shipper.
In compliance with article II of the convention between the United
States and Cuba to suppress smuggling, signed at Habana March 11,
1926, which reads in part as follows:
"The High Contracting Parties agree that clearance of shipments
of merchandise by water, air, or land, from any of the ports of either
country to a port of entry of the other country, shall be denied when
such shipment comprises articles the importation of which is prohibited or restricted in the country to which such shipment is destined, unless in this last case there has been a compliance with the
requisites demanded by the laws of both countries."
and in compliance with the laws of Cuba which restrict the importa-
tion of arms, ammunition, and implements of war of all kinds by
requiring an import permit for each shipment, export licenses for shipmenta of arms, ammunition, and implements of war to Cuba are required for the articles enumerated below in addition to the articles
enumerated in the President's proclamation of May 1, 1937:
(1) Arms and small arms using ammunition of caliber .22 or less,
other than those classed as toys.
(2) Spare parts of arms and small arms of all kinds and calibers,
other than those classed as toys, and of guns and machine guns.
(3) Ammunition for the arms and small arms under (1) above.
(4) Sabers, swords, and military machetes with cross-guard hilts.
(5) Explosives as follows: explosive powders of all kinds for all
purposes; nitrocellulose having a nitrogen content of 12 percent or
less; diphenylamine; dynamite of all kinds; nitroglycerine; alkaline
nitrates (ammonium, potassium, and sodium nitrate); nitric acid;
nitrobenzene (essence or oil of mirbane); sulphur; sulphuric acid;
chlorate of potash; and acetones.
(6) Tear gas (C.H,COCH,CI) and other similar nontoxic gases and
apparatus designed for the storage or the projection of such gases.
The Secretary of State will permit the exportation to Cuba of the
articles listed above only when the Department of State has been informed by the Cuban Embassy in Washington that the desire of the
Cuban Government that the exportation of the shipment be authorized.
No export licenses will be issued for shipments destined to China,
Cuba, Honduras, or Nicaragua of the appliances and substances listed
under category VI in the President's proclamation of May 1, 1937.
In the case of shipments of arms, ammunition, or implements of
war from the United States not ostensibly destined to China, Cuba,
Honduras, or Nicaragua, the Secretary of State may require exporters
to present convincing evidence that they are not destined to any of
those countries and may refuse to issue an export license for the same
until such convincing evidence has been presented to him.
Part VII
SPECIAL PROVISIONS IN REGARD TO THE EXPORTATION OF TIN-PLATE
SCRAP
The act of Congress approved February 15, 1936, entitled "AN ACT
To provide for the protection and preservation of domestic
sources of tin" reads as follows:
"Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in the interest of
national defense, it is hereby declared to be the policy of Congress
and the purpose and intent of this Act to protect, preserve, and develop domestic sources of tin, to restrain the depletion of domestic
reserves of tin-bearing materials, and to lessen the present costly
and dangerously dependent position of the United States with respect
to resources of tin.
"SEC. 2. There shall not be exported from the United States after
the expiration of sixty days from the enactment of this Act any tinplate scrap, except upon license issued by the President of the United
States. The President is authorized to grant licenses upon such conditions and regulations as he may find necessary to assure in the pub-
lic interest fair and equitable consideration to all producers of this
commodity.
"SEC. 3. Any violations of the provisions of this Act shall be a
misdemeanor and shall be punished by a fine of not more than $500
or by imprisonment of not more than one year, or by both such fine
and imprisonment."
28
29
On February 16, 1936, the President issued an Executive order as
follows:
EXECUTIVE ORDER
DEPARTMENT OF STATE
United States of America
(No. 7897)
To PROVIDE FOR THE
PROTECTION
ANDOF
PRESERVATION
OF THE
DOMESTIC
SOURCES
TIN
APPLICATION FOR LICENSE TO EXPORT TIN-PLATE SCRAP
(Application to be made in duplicate)
WHEREAS section 2 of an act of Congress approved February
15, 1936, entitled "AN ACT To provide for the protection and preservation of the domestic sources of tin," provides:
ORIGINAL
LICENSE NO
(For official use only)
(Insert here name of country of destination)
"There shall not be exported from the United States after the
expiration of sixty days from the enactment of this Act any tinplate scrap, except upon license issued by the President of the
GENERAL INSTRUCTIONS
United States. The President is authorized to grant licenses
Now, THEREFORE, I, FRANKLIN DELANO ROOSEVELT, President
of the United States, acting under and by virtue of the authority
(a) One duplicate application should be made for each complete shipment to any one consignee
Applications should be typewritten, with the exception of signature which should be written In Ink.
Where exact number of packages, weight, and value cannot be ascertained at the time of application,
(a)
(c)
estimates
(6)
should
be
given.
Blight
variations
may
be
allowed.
Undened applications or applications which omit essential information called for In the numbered spaces
will be returned
to Any attempt to export
a commodity
in any
way from that licensed. or any
alteration of license
without differing
acts
license,
punishable under
export
as
attempt
appropriate
is
upon such conditions and regulations as he may find necessary to
assure in the public interest fair and equitable consideration to
all producers of this commodity."
to
of
Congress
(f) When countersigned and impressed with the seal of the Department of State, this application becomes
license.
vested in me by the aforesaid act, do hereby delegate to the Secretary
of State as Chairman of the National Munitions Control Board the
power to grant licenses for the exportation of tin-plate scrap upon
DEPARTMENT OF STATE,
such conditions and under such regulations as he may find necessary
to assure in the public interest fair and equitable consideration to all
truth of all statements and answers berewith regarding it.
producers of this commodity, and as he may prescribe by and with
(8) Name of applicant
(1)
The undersigned hereby applies for license to export the commodity described below and warrants the
By
(Signature)
the advice and consent of the Board.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE,
February 16, 1936.
(Title)
"(1) For the purpose of the act the term 'tin-plate scrap' is construed, provisionally, to mean tin-plate clippings, cuttings, stampings,
trimmings, skeleton sheets, and all other miscellaneous pieces of discarded tin plate, which result from (1) the manufacture of tin plate,
or (2) the manufacture of tin-bearing articles from tin plate. As thus
defined, the term 'tin-plate scrap' does not include tin-plate waste
waste, tin-plate circles, tin-plate strips, tin-plate cobbles, and tin-plate
scroll shear butts, when packed separately and sold as such, and
when not intermingled with tin-plate scrap.
"(2) Blank forms of application for export licenses similar to that
printed below will be furnished by the Secretary of State on request.
Nationality
Name
(4) Consignee in foreign country
Address
Street
City
Name
(3) Purchaser in foreign country
In virtue of the authority vested in him by the Executive order of
February 16, 1936, the Secretary of State by and with the advice
and consent of the National Munitions Control Board prescribed on
December 7, 1936, the following regulations:
Date of application
(2) Applicant's reference No
Washington, D. c.
Address
Street
(City
(State or province
Country.
Nationality
(State or province
Country
30
31
(7) Number
and type of
(6) Character of tin-plate scrap to be exported
containers
00 Approximate weight
Quantity
(6) Approas
Value
Port of exis
Date
Name of officer
Date value
License is hereby granted to the applicant mentioned herein to export from the United States of America
the commodity as described and in the quantity given, on the following terms and
to
meditions:
This license is not transferable and is subject to revocation without notice.
This doesse remains valid unless revoked, for shipments from port of exit at any time during the calendar
year is which issued. All expire automatically at the close of the calendar year is which issued
Date of license
(For official use only)
(10) The tin-plate scrap to be exported under this license was produced by:
For THE BECKSTART OF STATE
(When countersigned and impressed
(Name)
(Address)
By
with the seal of the Department of State
this application becomes a license.)
(11) State the specific purpose for which the material is required:
(For official use only)
on State
the reason
or reasons
application
rather
than to why
will Itthe
in applicant
the Unitedwishes
States:to export the tin-plate scrap referred to is this
(13) License to be sent to
Name
(14) Consignor in United States
Address: Street
Nature of business
Address: Street
Name
below.
City
State
Nationality
City
State
If partial shipments are made on this license, endorsements by the collectors of customs will be med:
"(3) The Secretary of State will issue export licenses to cover
proposed shipments of tin-plate scrap to applicants who have duly
filled out the above form, when in the opinion of the National Munitions Control Board the issuance of such licenses may be consistent
with the purposes of the act. Copies of the statement of the procedure adopted by the Board to govern the issuance of licenses may be
obtained from the Secretary of State.
"(4) The shipper's export declaration (Customs Form 7525) must
contain the same information in regard to the nature and the value
of the tin-plate
scrap to be exported as that which appears on the
application
for license.
(5) Export licenses and export declarations covering tin-plate
scrap must be filed with the appropriate collector of customs at least
24 hours before the proposed departure of the shipment from the
United States, and, in the case of a shipment by a sea-going vessel,
24 hours before the lading of the vessel."
32
33
Part VIII
SPECIAL PROVISIONS IN REGARDGAB
TO THE EXPORTATION OF HELIUM
Section 3 of the act of September 1, 1937 (50 Stat. 885), entitled
"The National Munitions Control Board shall include in its Annual
Report to the Congress full information concerning the licenses issued
hereunder, together with such information and data collected by the
Board as may be considered of value in the determination of questions
related to the exportation of helium gas."
"AN ACT Authorizing the conservation, production, exploitation,
In view of the afore-mentioned provisions of law and under the
and sale of helium gas, a mineral resource pertaining to the national
defense and to the development of commercial aeronautics, authorizing the acquisition, by purchase or otherwise, by the United States
of properties for the production of helium gas, and for other purposes,"
provides in part as follows:
authority of and pursuant to the proviso in section 4 thereof, the Secretary of State prescribed and promulgated on May 23, 1939, with the approval of the National Munitions Control Board and the Secretary of
the Interior, the following regulations governing the export of helium gas:
in the United States
Section 4 of the act provides as follows:
"SEC. 4. No helium gas shall be exported from the United States,
or from its Territories and possessions, until after application has
been made to the Secretary of State and a license authorizing said
exportation has been obtained from him on the joint recommendation
of all of the members of the National Munitions Control Board and
expression 'contained helium' means the actual quantity of the
element helium (i. e. 100 percent pure helium) present in a mixture
of helium and other gases. Purity determinations shall be made by
usually recognized methods.
"(2) Applications for license to export helium gas shall be submitted to the Secretary of State on forms similar to that printed below,
copies of which will be furnished by the Secretary of State on request.
Each application must be signed and sworn to (or affirmed) in the
presence of a notary public before it is transmitted to the Secretary
of State. All applications must be submitted in duplicate.
DEPARTMENT OF STATE
United States of America
the Secretary of the Interior: Provided, That, under regulations govern-
APPLICATION FOR LICENSE TO EXPORT HELIUM GAS
ing exportation of helium approved by the National Munitions Control Board and the Secretary of the Interior, export shipments of
quantities of helium that are not of military importance as defined in
said regulations, and which do not exceed a maximum to be specified
therein, may be made under license granted by the Secretary of State
without such specific recommendation. Such regulations shall not
permit accumulations of helium in quantities of military importance
in any foreign country, nor the exportation of helium to countries
named in proclamations of the President issued pursuant to section
1 (a) or (c) of the Neutrality Act of May 1, 1937 (Public Resolution
Numbered 27 of the Seventy-fifth Congress) while such proclamations
are in effect, and shall require exporters to submit a sworn statement
to the Secretary of State showing the quantity, destination, consignee,
and intended use of each proposed exportation.
"Any person violating any of the provisions of this section or of the
regulations made pursuant hereto, shall be guilty of a misdemeanor
and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment: and the Federal courts of the United States are hereby granted
jurisdiction to try and determine all questions arising under this
section.
Repealed November 4, 1939.
ORIGINAL
(Application to be made in duplicate)
(For official use only)
(Insert here name of country of destination)
GENERAL INSTRUCTIONS
(a) One duplicate application should be made for each complete shipment to any one consignee.
(c)
(b) Applications should be typewritten, with the exception of signature which should be written in Ink.
There exact number of containers, weight, and value cannot be ascertained at the time of application,
estimates should be given. Slight variations may be allowed
(d) Shipments should be described in terms of cuble feet
(c) A Applications not executed under oath unsigned applications. and applications which omit mential
S Any information attempt requested to export a to commodity the numbered differing spaces in thereof any way or otherwise from that required, licensed, will or any be returned alteration of a
acts
under
Congress
license
in
an
attempt
to
export
without
a
approved by the President, for medical, scientific, and commercial
use, except that helium may be sold for the inflation of only such
airships as operate in or between the United States and its Territories
and possessions, or between the United States or its territories and
possessions and foreign countries: Provided, That no helium shall be
sold for the inflation of any airship operating between two foreign
countries notwithstanding such airship may also touch at some point
license
is
"(b) That helium not needed for Government use may be produced
and sold upon payment in advance in quantities and under regulations
"(1) Wherever the word helium is used in these regulations, it shall
be understood to mean 'contained helium' at standard atmospheric
pressure (14.7 pounds per square inch) and 70° Fahrenheit. The
punishable
appropriate
of
($) When countersigned and impressed with the seal of the Department of State, this application becomes
& license
DEPARTMENT OF STATE,
Washington D. c.
(1) Date of application
(2) Applicant's reference No
The undersigned hereby applies for license to export the commodity described below and swears to
(affirma) the truth of all statements and answers herein set forth
(3) Name of applicant
Address
1
34
35
Name
(4) Consignee in foreign country
Address
Name
(5) Purchaser in foreign country
Address
Nationality
(Street
(City
(State or province
shipments are made on this license, endorsements by the collector of customs or postmaster
Country
Nationality
State or province
Country
(Street
City
will If partial made below customs After or Destmaster all of the articles should or write commodities the word listed "Completed under (6) under above he that paragraph been exported, and
return
or should the exporter state to complete collector
been completed should note, in the space immediately below. the articles which ha ve been shipped under the
the collector the license of to the Bee retary of State. Should that be the does license not desire expire or be revoked the before shipment. the shipment the has
or license postmaster and should then return it to the Secretary of State.
(7) Number and type
of containers
(3) Ap
proximate
(9) Ap-
gross
proximate
weight
- valor
Number
Quantity
cantainers
of
(6) Quantity of belium gas to be exported bereunder
Value
Port of exit
Date
Name of officer
(100% belium at 14.7 pounds; 70th F.)
(100 State fully the specific purpose for which the belium gas is required:
License la hereby granted to the applicant named herein to export from the United States of America to
following terms and conditions:
(12) License to be ment to
Address: Street
Address: Street
City
State
Nationality
City.
State
(14) Port of exit in the United States from which It is proposed to export the shipment
nd
(For official am only)
(When countersigned and imprested with the seal of the
Department of State, this application becomes . license.)
(Signature of Applicant)
(If the applicant is a partnership, company,
association, or corporation, the signature shall
Subscribed and swern to before me at
19.
vbast
Date of license
Name
(Name..
11
reagoing vessel, 24 hours before the lading of the vessel
(11) Indicate the source from which the belium gas la to be obtained:
(13) Consignor In United States
the commodity as described and in the quantity given, on the
This license is not transferable and is subject to revocation without notice
Shipment must be made from port of exit before the date of expiration indicated on the face hereof.
Export licenses must be filed with the collector of customs at the port from which the shipment is departfrom the United States at least 24 hours before the proposed departure and, in the case of shipment by .
For THE RECESTARY or STATE
By
(For official use only)
be that of its duly authorised representative.
this
day of
(SEAL)
Notary Public
WAS
odj
Herre
Hade
36
37
(3) Licenses authorizing export shipments of helium gas for medical,
scientific, and commercial use will be issued by the Secretary of State
for quantities not to exceed, during any one year, to the ultimate consignees or purchasers within any one country, 500,000 cubic feet.
(4) Quantities of helium gas that are not of military importance,
within the meaning of the term as used in section 4 of the act of
September 1, 1937 (50 Stat. 885), are defined to be quantities of helium
gas not exceeding 500,000 cubic feet.
(5) Applicants for license to export helium gas under paragraph
(3) hereof may be required to submit with their applications evidence
to show that the helium gas to be exported will be used for only the
purposes indicated therein and that subsequent disposition of the
helium gas will not in any way violate provisions of the act of Sep.
tember 1, 1937 (50 Stat. 885), or regulations promulgated thereunder.
The Secretary of State may refuse to issue a license if such evidence
is not deemed sufficient.
(6) All applications for license to export helium gas shall be accompanied by evidence to show that reasonable safeguards have been
adopted to insure that there shall be no unnecessary waste of the
helium gas desired.
(7) No license will be issued under these regulations to authorize
the exportation of helium gas to a foreign country if it appears that
the issuance of such a license would permit the accumulation in that
country of helium gas in quantities of military importance. The
Secretary of State may, in the case of applicants who have already
obtained one license, require that succeeding applications for license
to export helium gas be accompanied by information indicating the
manner of disposal of the helium gas exported under licenses preceding that applied for. No license will be issued under these regulations
if the amount of helium gas authorized for export under such license,
taken in conjunction with the amount of helium gas already accumulated within the country of destination and any further amount already licensed for export to such country but not actually delivered
would be in excess of 500,000 cubic feet.
(8) No licenses will be issued by the Secretary of State for the exportation of helium gas to any country named in a proclamation issued
by the President pursuant to section 1 (a) or (c) of the Neutrality Act
of May 1, 1937 (50 Stat. 121), while such proclamation is in effect.
(9) Licenses which have been issued under these regulations au-
thorizing the exportation of helium gas to a country which is subsequently named in a proclamation issued by the President pursuant
(10) Licenses authorizing the exportation of helium gas are not
transferable and are subject to revocation without notice. If not
revoked, such licenses are valid until the date of expiration indicated
on the face thereof.
(11) No alterations may be made except by the Department of
State, or by collectors of customs or postmasters acting under the
specific instructions of the Department of State, in licenses which
have been issued under the seal of the Secretary of State.
(12) Licenses which have been revoked or which have expired
must be returned immediately to the Secretary of State.
(13) The country of destination and the consignee named in the
application for license to export helium gas must, in each case, be the
country of ultimate destination and the ultimate consignee, respectively.
(14) The shipper's export declaration (Customs Form 7525) or such
other document as the Bureau of Customs may require must contain
the same information in regard to the quantity and value of the helium
gas as that which appears on the application for license. If the person
designated on the export declaration as the actual shipper of the goods
is not the person to whom the export license has been issued by the
Secretary of State, the name of this shipper should appear on the
export license as that of the consignor in the United States.
(15) The originals of licenses authorizing the exportation of helium
gas must be presented to the collector of customs at the port through
which the shipment authorized by the license is being made. Export
licenses and export declarations, or other documents required by the
Bureau of Customs, concerning helium gas must be filed with the
appropriate collector of customs at least 24 hours before the proposed
departure of the shipment from the United States, and, in the case of a
shipment by a seagoing vessel, 24 hours before the lading of the vessel.
(16) Licenses authorizing the exportation of helium gas which is
being shipped by parcel post must be presented to the postmaster at
the post office at which the parcel is mailed.
(17) Helium gas leaving the United States when used for or intended
for the inflation of an aircraft under American registry will not be
considered as exported within the meaning of section 4 of the act
when it is the intention of the owner of the aircraft that it shall remain
under American registry and shall be commanded by a duly certificated United States airman during the entire period of its sojourn
abroad, and when there is no intention on the part of the owner of the
aircraft to dispose of the helium gas in any foreign country.
to the provisions of law referred to in paragraph (8) hereof, shall
automatically become null and void and further shipment thereunder
shall be considered in violation of these regulations.
Repealed November 4 1939.
o
270
The American Republics
INSULTATIVE MEETING OF FOREIGN MINISTERS OF THE AMERICAN
REPUBLICS
Final Act of the Meeting
and to the press October 5)
CUBA
of the Final Act:
The Governments of the American Repubdesirous of having their respective Foreign
sisters or their substitutes meet for the pur-
of consultation under the agreements
opted at the Inter-American Conference for
Maintenance of Peace held at Buenos
in 1936, and the Eighth International
aference of American States, which met at
in 1938, appointed the delegations hereafter listed in the order of precedence as demined by lot, who assembled in the City of
His Excellency Dr. Miguel Angel Campa, Secretary of State
His Excellency Amadeo Lopez Castro
His Excellency Dr. Pedro Martinez Fraga
His Excellency Dr. Emilio Nunez Portuondo
Dr. Ramiro Guerra, Technical Adviser
Dr. Gonzalo Guell, Secretary General
Mr. A. Bolet y Tremoleda, Attaché
Mr. Leandro Garcia, Press Officer
Mr. Francisco C. Bedrinana, Attaché
Mr. Valentin Riva Patterson, Attaché
nama from September 23 to October 3, 1939,
COSTA RICA
invitation of the Government of the Repubof Panama.
MEXICO
Excellency General Eduardo Hay, Secreary of Foreign Affairs
Excellency Alfonso Rosenzweig Diaz
Anselmo Mena
Antonio Espinosa de los Monteros, Finanial Adviser
His Excellency Tobias Zuniga Montufar, Secretary of Foreign Affairs
His Excellency Enrique Fonseca Zuniga
His Excellency Raul Gurdian
His Excellency Modesto Martinez
Hon. Alvaro Zuniga Quijano, Private Secretary to the Secretary of Foreign Affairs
ECUADOR
PERU
Excellency Dr. Julio Tobar Donoso, MinHer of Foreign Affairs
His Excellency Dr. Enrique Goytisolo Bo-
Excellency Dr. Antonio Quevedo
Excellency Dr. Eduardo Salazar
Excellency Miguel Angel de Yeaza
Excellency Victor Hugo Escala
lognesi, Minister of Foreign Affairs
Mr. Fernando Fuchs, Financial Adviser
Dr. Luis Alvarado, Legal Adviser
Mr. Juan Chavez Dartnell, Commercial Ad-
Luis Eduardo Laso, Financial Attache
Cesar Espinosa, Secretary
viser
Miss Rosina Vega Castro, Secretary
321
271
322
1939
DEPARTMENT OF STATE BULLEY
His Excellency Dr. Justo Prieto, Minister of
Mr. Delfin E. Paez, Secretary
Dr. Victor Manuel Rivas, Secretary
Foreign Affairs
URUGUAY
His Excellency Dr. Pedro Manini Rios, Rep-
resentative of the Minister of Foreign
Affairs
His Excellency Dr. Hugo V. de Pens
Dr. Jose A. Mora Otero, Adviser
tative of the Minister of Foreign
His Dr. Luis A.
Dr. Excellency Luis Mariano Podesta, Affairs Delegy
Zuberbuhler. Secreta
General
Dr. Mario Lassaga Secretary
His Excellency Carlos Salazar, Secretary
Foreign Affairs
His Excellency Alfonso Carrillo
tive of the Minister of Foreign Affairs
His Excellency Joselin de la Maza, Delegate
His Excellency Benjamin Cohen, Delegate
His Excellency Cayetano Vigar, Delegate
His Excellency Luis Malaquias Concha, Adviser
Mr. Rodrigo Gonzalez, Adviser
Mr. Javier Urrutia, Assistant Secretary
gate
His Excellency Alberto Bayon, Economic Adviser
Dr. Guillermo Torres Garcia, Commercial
Adviser
VENEZUELA
His Excellency Dr. Santiago Key Ayala, Rep.
resentative of the Minister of Foreign
Affairs
His Excellency Dr. Mario Briceno Iragorry,
the plenary session held on September 25, 1939.
Guilherme Correia Araujo, Attache
The regulations of the meeting were approved
at a preliminary session held on September 23,
BOLIVIA
b Excellency Dr. Alberto Ostria Gutierrez,
Minister of Foreign Affairs
Excellency Luis F. Guachalla
Franklin Antezana, Financial Adviser
Gustavo Medeiros Querejazu, Secretary
1939.
In accordance with the regulations, a committee on credentials was appointed composed
of His Excellency Dr. Carlos Salazar (Guate-
mala) as Chairman, His Excellency Dr. Alberto Ostria Gutiérrez (Bolivia) and His Excellency Dr. Patrocinio Guzman Trigueros (El
Salvador).
Foreign Affairs and Communications
His Excellency Dr. E Fernandez Jaen, Fina
cial Adviser
Excellency Sumner Welles, Representative
the Secretary of State
Excellency Edwin C. Wilson, Adviser
A committee on coordination was also appointed composed of His Excellency Dr. Manuel Cesar de Goes Monteiro (Brazil), His Ex-
His Excellency Ernesto Mendez, Econom
Herbert Feis, Adviser
cellency Dr. Julio Tobar Donoso (Ecuador),
Adviser
His Excellency Dr. Augusto S. Boyd, Advie
His Excellency Belisario Porras, Jr., Advise
b Warren Kelchner, Adviser and Secretary
His Excellency Honorable Leon Laleau (Haiti)
General
and the Honorable Sumner Welles (United
Marjorie M. Whiteman, Legal Adviser
States of America).
Dr. Eduardo Chiari, Legal Adviser
Sheldon Thomas, Press Officer
Mr. Tomas H. Jacome, Economic Adviser
Mr. Octavio A. Vallarino, Economic Adviser
Paul G. Daniels, Private Secretary to the
The program of the meeting was approved
by the Governing Board of the Pan American
Mr. Pedro Moreno Corres, Secretary
Representative of the Secretary of State
Anna L. Clarkson, Assistant to the Repreestative of the Secretary of State
HAITI
His Excellency Dr. Manuel Cordero Red
Minister of Foreign Affairs
Excellency Léon Laleau, Secretary of ForHis Excellency Dr. Jose Jesus Sanche sign Affairs and Public Works
Delegate
His Excellency Adolfo Altamirano Brown
Excellency Raúl Lizzaire, Adviser
Max H Dorsinville, Secretary
Manuel J. Castillo
Delegate
Mr. Emilio Ortega, Secretary
Er. SALVADOR
DOMINICAN REPUBLIC
Dr. Gayetano Betanour, Legal Adviser
Mr. Daniel Jaramillo, Secretary
Fernando Saboia de Medeiros, Secretary
His Excellency Dr. Narciso Garay, Secretary
NICARAGUA
His Excellency Dr. Esteban Jaramillo, Dele-
acted as
Excellency Dr. Narciso Garay was
Garay, Jeptha tions His of acted B. Panama, Duncan provisional His Excellency president, secretary Dr. and general. Narciso Mr.
elected permanent president of the meeting at
any
UNITED STATES OF AMERICA
COLOMBIA
His Excellency Dr. Luis Lopez de Mesa, Minister of Foreign Affairs
Hugo Gouthier de Oliveirs Gondim, Secre-
PANAMA
Mr. Jose Augusto Padilla, Secretary
His Excellency Manuel Bianchi, Representa-
as
Jacome Baggi de Berenguer Cesar, Adviser
Mr. Juan Carlos Goyeneche, Secretary
Affairs
CHILE
Secretary of Foreign Affairs and Communica-
Adriser
HONDURAS
His Excellency Dr. Jesus Maria Rodriguez, Jr.,
Representative of the Secretary of Foreign
5:00 p. m., in the National Institute. The
Abelardo Bretanha Bueno do Prado,
His Excellency Dr. Leopoldo Melo, Represe
GUATEMALA
Delegate
Excellency Manuel Cesar de Goes Monteiro,
Delegate
ARGENTINA
Mr. Juan Brin, Jr., Secretary
323
7,
Excellency Dr. Patrocinio Guzman TriHis Excellency Jose Ramon Rodriguez, R
resentative of the Secretary of Foreis
Affairs
Mr. Nicolas Vega, Economic Adviser
BRAZIL
His Excellency Carlos Martins, Representati
of the Minister of Foreign Affairs
Enros, Representative of the Minister of
Foreign Affairs
Jorge Argueta Cea, Secretary
Union on September 12, 1939.
As a result of the consultations, the meeting
of Foreign Ministers of the American Republies approved the following declarations and
resolutions:
I
PARAGUAY
TEXTS OF DECREES AND REGULATIONS ON
NEUTRALITY
For the purpose of keeping each other fully
informed regarding the measures of neutrality
taken by the American Republics during the
continuance of the existing European conflict,
The Meeting of the Foreign Ministers of the
American Republics
Resolves:
The President of the Republic of Panama,
Excellency Dr. Juan Demostenes Arose-
officially inaugurated the meeting at a
Mary session held on September 23, 1939, at
To recommend that the Governments of the
American Republics transmit to the Pan Amer-
ican Union the texts of all the decrees and
324
DEPARTMENT OF STATE
regulations approved by each country relative
to its neutrality in the present conflict in order
that the Union may communicate copies of
these documents to the various governments
for their information. (Approved October 3,
1939).
II
TRIBUTE TO THE LIBERATOR
fiscal equilibrium, safeguard the stability
their currencies, promote and expand their
dustries,
intensify their agriculture and devel
their commerce.
2. To create an Inter-American Financia
and Economic Advisory Committee consistin
of twenty-one (21) experts in economic prol
lems, one for each of the American Republic
which shall be installed in Washington, D.
not later than November 15, 1939, and which
WHEREAS:
The place of meeting of the First PanAmerican Congress of 1826 is close to the
monument erected to the glory of the Liberator,
shall have the following functions:
(a) To consider any problem of monetar
by the gratitude of the 21 Republics repre-
relationships, foreign exchange management
or balance of international payment situation
sented at this Consultative Meeting; and
For reasons, the enumeration of which are
which may be presented to it by the Gover
ment of any of the American Republics, and
superfluous, it is fitting that there be held a
joint public manifestation of respect by this
mendations it deems desirable.
Meeting in memory of Simon Bolivar.
The Meeting of the Foreign Ministers of the
American Republics
Resolves:
To go in a body to the statue of the Liberator, immediately after the closing session of the
Meeting, to deposit a floral wreath as an expression of the sentiment of gratitude of the
21 Republics of our Continent. Those attending shall be invited afterwards to visit the Sala
Capitular where the First Pan-American Congress, conceived by the Liberator, was held.
(Approved, October 3, 1939).
III
ECONOMIC COOPERATION
The Meeting of the Foreign Ministers of
the American Republics
Resolves:
1. In view of the present circumstances, to
declare that today it is more desirable and
necessary than ever to establish a close and
sincere cooperation between the American Re-
publics in order that they may protect their
economic and financial structure, maintain their
offer to that Government whatever reces
(b) To study the most practical and sati
factory means of obtaining the stability of
monetary and commercial relationships
tween the American Republics.
(c) To provide, with the cooperation of
Pan American Union, the means for the inte
change of information between the Govern
ments of the American Republics with refe
ence to the matters mentioned in the two
ceding subparagraphs, as well as for the
change of production, foreign trade, financial
and monetary statistics, custom legislation
other reports on inter-American commerce.
(d) To study and propose to the Gover
ments the most effective measures for mutu
cooperation to lessen or offset any dislocation
which may arise in the trade of the America
Republics and to maintain trade amot
themselves, and as far as possible, their tra
with the rest of the world, which may
affected by the present war, on the basis
those liberal principles of international tra
approved at the Seventh and Eighth Inte
national Conferences of American States
the Inter-American Conference for the Mai
tenance of Peace. These principles shall
retained as the goal of their long-term
mercial policies in order that the world
not lack a basis of world-wide internatio
272
7,
1939
which all may participate after world
and peace may be restored.
(e) To study the possibility of establishing
custom truce, of reducing custom duties on
typical commodities which an American
country may offer in the market of another
American country, of abolishing or modifyimport licenses on such commodities, as
well as all the other obstacles which render
difficult the interchange of products between
said countries, of adopting a uniform priniple of equality of treatment, eliminating all
discriminatory measures, and of giving ample
facilities to salesmen traveling from an Amer-
325
3. To recommend to the Governments of the
American Republics:
(a) To take measures in accordance with
their own respective legislation, with a view
to avoiding increases of rates or premiums to
an extent not justified by the special expenses
and risks incurred because of the present state
of war, by shipping companies which maintain
transportation services between the countries
of the Continent, and marine insurance companies operating in their territories,
(b) To promote the negotiation of bilateral
or multilateral agreements for the organiza-
jean country to another.
tion and maintenance of regular and connected
steamship services between the countries of the
(f) To study the necessity of creating an
Inter-American institution which may render
fessible and insure permanent financial cooperation between the treasuries, the Central
Continent in order to facilitate the direct traffic
of passengers and cargoes. These agreements
are to make special provisions for traveling
Banks and analogous institutions of the Amer-
(c) To study the possibility of reducing to a
minimum consular fees on manifests of vessels
in the above-mentioned services, so as to make
possible the shipment of reduced quantities of
commodities which require rapid and special
transportation.
or Republics, and propose the manner and
conditions under which such an organization
should be established and determine the matters with which it should deal.
(of To study measures which tend to pro-
the importation and consumption of
products of the American Republics, especially
through the promotion of lower prices and
better transportation and credit facilities.
(h) To study the usefulness and feasibility
of organizing an Inter-American Commercial
Institute to maintain the importers and exporters of the American Republics in contact
with each other and to supply them with the
necessary data for the promotion of interAmerican trade.
(i) To study the possibility of establishing
few industries and negotiating commercial
treaties, especially for the interchange of the
nw materials of each country.
(j) To study the possibility that silver be
also one of the mediums for international
payments,
The Inter-American Economic Advisory
Committee shall communicate to the Governments the results of the studies made in each
and shall recommend the measures which
considers should be taken.
salesmen and commercial samples.
(d) To study the possibility, in accordance
with their legislation, of reducing to a minimum port, sanitary and other formalities applied to the traffic of merchandise between the
American Republics.
4. To recommend to the Governments that
they do everything possible to abolish obstacles
to the free inter-American movement of capital.
5. To recommend to the Governments that,
when deemed necessary, they negotiate agreements in accordance with the circumstances
and legislation of each country, with a view to
the establishment of bases that would make
feasible and secure the granting of interAmerican credits which may serve to intensify
the interchange of products as well as for the
development of natural resources.
6. To request the governments of the most
industrialized countries of the Continent to do
whatever is possible, within their legal faculties and circumstances, to prevent excessive and
unjustified increases in the prices of manufactured articles destined for export.
273
326
DEPARTMENT OF STATE BULLETIX
7. To recommend that the American Governments promote the negotiation of arrangements,
Continent and of promoting its reestablishment
has served to demonstrate that it is
Declare
their possibilities, with a view to obtaining
ample facilities with regard to the treatment of
this
darity
by American countries, detained at the present
moment on board merchant vessels of countries
proclaimed at the Eighth International Con.
ference of American States at Lima in 1938
at war which are unable to transport it to its
2. That they will endeavor with all the
8. To recommend to the respective Govern-
ments that they preserve in a reciprocal and
generous form the legitimate principle of free-
dom of communications and transit through
the ports and territories of the American nations, in accordance with the legislation and
international agreements in force.
9. To recommend that countries bordering
among
nations
of
this
It is desirable to state the standards of con-
Hemisphere
(act, which, in conformity with international
and their respective internal legislation, the
propriate spiritual and material means at their
disposal to maintain and strengthen peace and
harmony among the Republics of America,
an indispensable requirement to the effective
fulfillment of the duty that devolves upon them
To reaffirm the status of general neutrality
d the American Republics, it being left to each
which impels these nations to express the most
fervent wishes for the cessation of the deplor
plenipotentiaries, in the capital of one of them,
able state of war which today exists in some
in order to arrive at agreements for solving
countries of Europe, to the grave danger of the
most cherished spiritual, moral and economic
common problems of a financial, fiscal, or
economic character. in conformity with the
relevant general principles of commercial
policy approved at recent inter-American
Conferences
not based on violence, but on justice and law
(Approved October 3, 1939).
10. To make every effort in order to complete
their respective sections of the Pan American
Highway and to recommend to the countries
which have ratified the Buenos Aires Convention that they designate as soon as possible one
or more experts to expedite the fulfillment of
the recommendations of the Third Pan Amer-
ican Highway Congress (Approved, October
1939).
IV
JOINT DECLARATION OF CONTINENTAL SOLIDARITY
The Governments of the American Repub-
them to regulate in their individual and
soreign capacities the manner in which they
to give it concrete application.
To have their rights and status as neu-
interests of humanity, and for the reestablish
ment of peace throughout the world-s peace
trais fully respected and observed by all belligerents and by all persons who may be acting for or on behalf of or in the interest of the
belligerents.
1. To declare that with regard to their stato as neutrals, there exist certain standards
recognized by the American Republics appli-
V
able in these circumstances and that in ac-
GENERAL DECLARATION OF NEUTRALITY OF THE
ordance with them they:
AMERICAN REPUBLICS
(a) Shall prevent their respective terres-
WHEREAS:
maritime and aerial territories from be-
As proclaimed in the Declaration of
"The peoples of America have achieved
lag utilized as bases of belligerent operations.
itual unity through the similarity of their
(b) Shall prevent, in accordance with their
internal legislations, the inhabitants of their
territories from engaging in activities capaaffecting the neutral status of the Amer-
publican institutions, their unshakable will
peace, their profound sentiment of humanity
and tolerance, and through their absolute at
herence to the principles of international law.
of the equal sovereignty of States and of ind:
or armed forces of the belligerents.
(d) May determine, with regard to belligerent warships, that not more than three at
a time be admitted in their own ports or waters
and in any case they shall not be allowed to
Resolves
spired by a deep sense of universal cooperation
belligerents or their agents of radio stations
in the terrestrial or maritime territory of the
stations to communicate with the governments
of
ings of their Ministers of Foreign Affairs, or
or establishment the
tilities tionals the against belligerents, property: the belligerent, commit its by
maintain their status as neutral states and
tolfill their neutral duties, as well as require
recognition of the rights inherent in such
The Meeting of the Foreign Ministers of the
selfish purpose of isolation, but are rather
of to cruise
or hosanother or naAmerican Republics, or the utilization of such
American Republics
in the world-wide historical development
civilization and culture:
3. That these principles are free from
ing of the forces or armament of any ship or
vessel to be employed in the service of one
Aperican Republics propose to follow, in order
status,
on each other hold, among themselves, meet-
of their Ministers of Finance, or of special
unanimous intention not to become in-
wired in the European conflict; and
1. That they reaffirm
the declaration of soli.
the
re-embarkation of merchandise sold or acquired
original destination.
The attitude assumed by the American Re-
throughout the world,
in accordance with their legislation and within
327
OCTOBER 1, 1939
in Republics
remain for more than twenty-four hours.
Vessels engaged exclusively in scientific, religious or philanthropic missions may be exempted from this provision, as well as those
which arrive in distress.
(e) Shall require all belligerent vessels and
aircraft seeking the hospitality of areas under
their jurisdiction and control to respect strictly
their neutral status and to observe their
respective laws and regulations and the rules
of international law pertaining to the rights
and duties of neutrals and belligerents; and
in the event that difficulties are experienced in
enforcing the observance of and respect for
their rights, the case, if so requested, shall
thereupon become a subject of consultation
between them.
(f) Shall regard as a contravention of their
neutrality any flight by the military aircraft
of a belligerent state over their own territory.
With respect to nonmilitary aircraft, they shall
adopt the following measures: such aircraft
shall fly only with the permission of the competent authority; all aircraft, regardless of nationality, shall follow routes determined by the
(c) Shall prevent on their respective terri-
said authorities; their commanders or pilots
lies, represented at this first meeting of their
vidual liberty without religious or
lines the enlistment of persons to serve in the
Foreign Ministers,
prejudices";
military, naval, or air forces of the belligerests: the retaining or inducing of persons to
beyond their respective shores for the pur-
shall declare the place of departure, the stops
to be made and their destination; they shall be
allowed to use radiotelegraphy only to determine their route and flying conditions, utilizing
of taking part in belligerent operations;
setting on foot of any military, naval or
terial expedition in the interests of the bel-
out code, only the standard abbreviations being
allowed; the competent authorities may require
This acknowledged spiritual unity presup
Firmly united by the democratic spirit which
is the basis of their institutions,
Desirous of strengthening on this occasion
erence to situations of force which, as in the
the solidarity which is the outgrowth of that
case of the present European war, may threates
spirit, and
the security of the sovereign rights of
Desirous of preserving peace in the American
poses common and solidary attitudes with ref
American Republics;
the
Eggments; the fitting out, arming, or augment-
for this purpose the national language, with-
aircraft to carry a co-pilot or a radio operator
328
DEPARTMENT OF STATE BULLETIN
for purposes of control. Belligerent military
aircraft transported on board warships shall
not leave these vessels while in the waters of
the American Republics; belligerent military
aircraft landing in the territory of an American Republic shall be interned with their crews
until the cessation of hostilities, except in cases
in which the landing is made because of proven
distress. There shall be exempted from the
application of these rules cases in which there
exist conventions to the contrary.
(g) May submit belligerent merchant vessels, as well as their passengers, documents and
cargo, to inspection in their own ports; the respective consular agent shall certify as to the
ports of call and destination as well as to the
fact that the voyage is undertaken solely for
purposes of commercial interchange. They
may also supply fuel to such vessels in amounts
sufficient for the voyage to a port of supply and
call in another American Republic, except in
the case of a direct voyage to another continent,
in which circumstance they may supply the
necessary amount of fuel. Should it be proven
that these vessels have supplied belligerent war-
ships with fuel, they shall be considered as
auxiliary transports.
(h) May concentrate and place a guard on
board belligerent merchant vessels which have
sought asylum in their waters, and may intern
those which have made false declarations as to
their destinations, as well as those which have
taken an unjustified or excessive time in their
voyage, or have adopted the distinctive signs
can be used for offensive purposes. They
require of the said vessels, in order to enter may
their ports, to deposit explosives and munitions
in such places as the local authorities may
determine.
(k) May exclude belligerent submarines
from the waters adjacent to their territories
admit them under the condition that they con.
form to the regulations which each country
may prescribe.
4. In the spirit of this declaration, the Gov.
ernments of the American Republics shall
maintain close contact with a view to making
uniform so far as possible, the enforcement
of their neutrality and to safeguarding it in
defense of their fundamental rights.
5. With a view to studying and formulating
recommendations with respect to the problems
of neutrality, in the light of experience and
changing circumstances, there shall be established, for the duration of the European war,
an Inter-American Neutrality Committee, com
posed of seven experts in international law
who shall be designated by the Governing
Board of the Pan American Union before No.
vember 1, 1939. The recommendations of the
Committee shall be transmitted, through the
Pan American Union, to the Governments of
the American Republics. (Approved October
3, 1939.)
VI
HUMANIZATION OF WAR
of warships.
WHEREAS:
(i) Shall consider as lawful the transfer of
the flag of a merchant vessel to that of any
American Republic provided such transfer is
made in good faith, without agreement for resale to the vendor, and that it takes place in
The American nations have unanimously
condemned war as a means of settling inter
national controversies;
the waters of an American Republic.
(j) Shall not assimilate to warships belligerent armed merchant vessels if they do not
carry more than four six-inch guns mounted on
the stern, and their lateral decks are not rein-
forced, and if, in the judgment of the local
authorities, there do not exist. other circumstances which reveal that the merchant vessels
These states have adhered to non-American
pacts and have signed agreements in the vs
rious International Conferences of American
States with a view to mitigating the unnecessary horrors of war and prescribing the meth
ods by which they are occasioned; and
The peoples of the American Republic
have given traditional proof of their humani
tarian feelings, lending effective aid to
victims of war and disaster,
274
7,
1939
329
The Meeting of the Foreign Ministers of
the American Republics
Resolves
1. To make a fervent appeal to the European
countries now in conflict to arrive at a settle-
ment of their controversies through pacific
means, on the essential basis of justice and law
and not on the dictates of force; and that
they abstain from:
(a) The use of poisonous gases and other
chemical methods of warfare which produce
irreparable and permanent injuries;
(b) Bombarding open cities, objects and
places without military value, whether from
land, sea or air;
(c) Employing inflammable liquids;
(d) Poisoning waters and disseminating
bacteria;
(e) Employing offensive weapons which
increase the suffering of the wounded;
(f) Imposing unnecessarily rigorous measares upon civilian populations;
(g) Sinking merchant vessels without having first placed the passengers, crew and ship's
papers in a place of safety.
2 To condemn in all armed conflict the unrestricted application of measures causing unnecessary and inhuman suffering in injuring
the enemy.
3. To express the hope that the National
Red Cross Societies in the American Republies broaden the scope of their humanitarian
work for the relief of the victims of the presat European war, and that the Governments
lead every faculty and support to their respective Red Cross Societies in carrying forward this work. (Approved October 3, 1939).
VII
CONTRABAND OF WAR
WHEREAS:
The Convention on Maritime Neutrality,
signed at Habana on February 20, 1928, recites
a the Preamble thereof that "international
solidarity requires that the liberty of commerce
should be always respected, avoiding as far as
possible unnecessary burdens for the neutrals";
Article 16 of the same Convention stipulates
that "Credits that a neutral state may give to
facilitate the sale or exportation of its food
products and raw materials" are not included
within the prohibition contained in that article
against the granting of loans or the opening of
credits to a belligerent by a neutral state during
the duration of war;
The American Republics cannot remain indifferent to measures that restrict their normal
commerce with belligerents in foodstuffs, clothing and raw materials for peace-time industries;
Elemental humanitarian considerations impel
the American Republics to deplore the deprivation of civilian populations of the normal
means of subsistence;
The American Republics, in accordance with
a lofty conception of neutrality, consider unjustified the limitations which may be placed
upon their legitimate commerce and trade with
the neutral countries of other continents; and
The American Republics consider that it is
indispensable to avoid, in accordance with their
domestic laws, the effects of measures within
their respective territories and in detriment to
their sovereignty, which the belligerent governments may take to restrict the freedom of trade
of their nationals in neutral countries,
The Meeting of the Foreign Ministers of the
American Republics
Resolves:
1. To register its opposition to the placing of
foodstuffs and clothing intended for civilian
populations, not destined directly or indirectly
for the use of a belligerent government or its
armed forces, on lists of contraband.
2. To declare that they do not consider con-
trary to neutrality the granting of credits to
belligerents for the acquisition of merchandise
mentioned in the foregoing paragraph, whenever permitted by the domestic legislation of
the neutral countries.
3. That the Neutrality Committee, established by another agreement of this Meeting,
shall undertake the immediate study of what-
330
DEPARTMENT OF STATE BULLETIN
ever concerns the commercial situation of raw
materials, minerals, plant or animal, produced
by the American Republics, and shall recommend such individual or collective action that
should be taken by the governments for the
purpose of reducing the unfavorable effects on
the free movement of these commodities, of
contraband declarations and other economic
measures of the belligerent countries. (Approved October 3, 1939).
VIII
will facilitate the action of the police and judicial authorities of the respective countries in
preventing or repressing unlawful activities
that individuals, whether they be nationals or
aliens, may attempt in favor of a foreign bel.
ligerent State,
2. That the necessary steps be taken for the
ratification, as soon as possible, of the Conven-
tion on Extradition signed at the Seventh In
ternational Conference of American States
held at Montevideo in 1933. (Approved Octo
ber 3, 1939).
IX
COORDINATION OF POLICE AND JUDICIAL MEAS
URES FOR THE MAINTENANCE OF NEUTRALITY
WHEREAS:
In order better to safeguard the neutrality
of the American Republics to whatever extent
it may be affected by unlawful activities under-
taken by individuals, whether nationals or
aliens, residing therein, with the purpose of
benefiting any foreign belligerent State, it is
desirable to coordinate the preventive or repressive action of the police and judicial authorities, especially with respect to the rapid
and frequent interchange of information, as
well as the surveillance, apprehension and custody of suspected individuals;
On February 29, 1920, there was signed in
Buenos Aires an agreement between various
American Republics, for the purpose of coordinating police activity, in so far as it relates,
in a general way, to common crimes; and
The procedure of extradition, complementing
the objective in the judicial and repressive
aspect, should be strengthened among the
American Republics through adequate rules
and by extending it to all of them,
The Meeting of Foreign Ministers of the
American Republics
Resolves:
MAINTENANCE OF INTERNATIONAL ACTIVITIES IN
ACCORDANCE WITH CHRISTIAN MORALITY
The Governments of the American Republies, represented at the First Meeting of the
Foreign Ministers of the American Republics
Declare
1. That they reaffirm their faith in the principles of Christian civilization, and their confidence that, in the light of these principles, the
influence of international law will be strength
ened among nations;
2. That they condemn attempts to place in
ternational relations and the conduct of warfare outside the realm of morality;
3. That they reject all methods for the solution of controversies between nations based on
force, on the violation of treaties, or on their
unilateral abrogation;
4. That they consider the violation of the
neutrality or the invasion of weaker nations as
an unjustifiable measure in the conduct and
success of war; and
5. That they undertake to protest against
any warlike act which does not conform to
international law and the dictates of justice
(Approved, October 3, 1939)
X
1. That action be taken, as soon as possible,
through an exchange of views between the For-
RECOMMENDATION TO THE INTERNATIONAL
CONFERENCE OF JURISTS
eign Offices, or through an Inter-American
conference, for the formulation between themselves of coordinated rules and procedure of
a useful, opportune and effective manner, that
WHEREAS:
The project of convention for the creation of
an Association of American Nations, presented
275
OCTOBER 7, 1939
331
XII
to the Eighth International Conference of
American States by the Republic of Colombia
and the Dominican Republic in accordance
with the request of the Inter-American Conferand for the Maintenance of Peace, was referred
for study to the International Conference of
American Jurists,
The Meeting of the Foreign Ministers of the
American Republics
Resolves
To recommend to the International Conferrace of American Jurists that, in studying the
said project of Convention for the creation of
AD Association of American Nations, it take
into consideration, in so far as possible, the
declarations, resolutions and agreements of this
Meeting of Consultation. (Approved October
3,1939)
XI
PROTECTION OF THE INTER-AMERICAN IDEAL
AGAINST SUBVERSIVE IDEOLOGIES
FUTURE MEETING OF FOREIGN MINISTERS
WHEREAS:
On the Supposition that the war may continue for a more or less extended period, and
the state of emergency which now exists may,
a year hence, have become accentuated or that
there may exist an abnormal post-war situation
which may require consideration,
The Meeting of the Foreign Ministers of the
American Republica
Resolves:
To suggest to the respective Governments the
desirability of having their Ministers of Foreign Affairs meet in the city of Habana, capital
of the Republic of Cuba, on October 1, 1940,
without prejudice to an earlier meeting if this
should be found necessary. (Approved October 3, 1939.)
XIII
ORGANIZATION OF THE ECONOMIC ADVISORY
COMMITTEE
The Meeting of the Foreign Ministers of the
WHEREAS:
American Republics
On more than one occasion the American
Republics have affirmed their adherence to the
democratic ideal which prevails in this Hemisphere;
This ideal may be endangered by the action
of foreign ideologies inspired in diametrically
opposite principles; and
It is advisable. consequently, to protect the
integrity of this ideal through the adoption of
appropriate measures,
The Meeting of the Foreign Ministers of the
American Republics
Resolves:
To recommend to the Governments represented therein, that they take the necessary
measures to eradicate from the Americas the
spread of doctrines that tend to place in jeopardy the common Inter-American democratic
ideal. (Approved October 3, 1939.)
Resolves:
To request the Governments of the American
Republics to designate as soon as possible the
experts who shall constitute the Inter-American
Financial and Economic Advisory Committee,
the organization of which shall be entrusted to
the Pan American Union. (Approved October
3, 1939.)
XIV
DECLARATION OF PANAMA
The Governments of the American Republies meeting at Panama, have solemnly ratified
their neutral status in the conflict which is
disrupting the peace of Europe, but the present war may lead to unexpected results which
may affect the fundamental interests of Amer-
ica and there can be no justification for the
interests of the belligerents to prevail over
the rights of neutrals causing disturbances and
suffering to nations which by their neutrality
276
332
DEPARTMENT OF STATE BULLETIN
in the conflict and their distance from the scene
of events, should not be burdened with its fatal
and painful consequences.
nation, whether such hostile act be attempted
or made from land, sea or air.
Such waters shall be defined as follows
TOBER 7, 1939
t. The American Republics, during the exist-
state of war in which they themselves
involved, may undertake, whenever they
Al
During the World War of 1914-1918 the
waters comprised within the limits set forth
DAY determine that the need therefor exists, to
Governments of Argentina, Brazil, Chile, Colombia, Ecuador and Peru advanced, or supported, individual proposals providing in principle a declaration by the American Republics
hereafter except the territorial waters of Can
ada and of the undisputed colonies and por
sessions of European countries within these
may be agreed upon by common consent, and in
that the belligerent nations must refrain from
committing hostile acts within a reasonable
of the in
distance from their shores.
its already present lamentable conflagration, proportions,
spite The of
nature
would not justify any obstruction to inter-
limits:
Beginning at the terminus of the United
States-Canada boundary in Passamaquoddy
Bay, in 44°46'36" orth latitude, and 66°54'11"
west longitude;
to a point 60° west of Greenwich:
Thence due south to a point in 20° north
latitude;
tection. This fact requires the demarcation
of a zone of security including all the normal
maritime routes of communication and trade
north latitude, 24° west longitude;
To this end it is essential as a measure of
necessity to adopt immediately provisions
based on the above-mentioned precedents for
the safeguarding of such interests, in order
to avoid a repetition of the damages and sufferings sustained by the American nations and
by their citizens in the war of 1914-1918.
There is no doubt that the Governments of
the American Republics must foresee those
dangers and as a measure of self-protection
insist that the waters to a reasonable distance
from their coasts shall remain free from the
commission of hostile acts or from the under-
taking of belligerent activities by nations engaged in a war in which the said governments
are not involved.
For these reasons the Governments of the
American Republics RESOLVE AND HEREBY
DECLARE:
g far as the means and resources of each may
permit, the waters adjacent to their coasts
within the area above defined. (Approved,
October 3, 1939.)
DICZARATION OF THE BRAZILIAN GOVERNMENT ON
CONTINENTAL WATERS
Thence due east along the parallel 44°46'36"
American communications which, engendered
by important interests, call for adequate pro-
between the countries of America.
patrol, either individually or collectively, as
Thence by a rhumb line to a point in
Thence due south to a point in 20th south
latitude;
Thence by a rhumb line to a point in 58
south latitude, 57 west longitude;
Thence due west to a point in 80 west loo
The sovereignty of the American Continent
is founded on the inviolate bases of consultation, non-intervention, conciliation, arbitration,
and above all, on the pacific sentiment of the
American nations, who are enemies of war and
activity on the sea, within the limit of the
waters adjacent to the American Continent considered as being useful or of direct and primary
interest to the American Republics.
We expect the belligerent nations, and those
which in the future may take part in the present war, to observe and respect this Declaration
which will be made in Panama as a complement of the Monroe Doctrine and of the Declarations of Buenos Aires and Lima.
We believe that the principle of continental
waters will not affect the sovereignty of other
nations, but rather that it will protect the sov-
ereignty of the American countries and will
favor the peaceful relations of all nations
Our Continent, furthermore, has a right to
reduce the effects of the war, by preventing its
conflicts from being brought near our shores,
friends of peace.
perturb our tranquility, threatening to compro-
We do not have and we will not have anything to fear from each other in America: on
mise or complicate our neutral status.
Brazil does not make and never has made an
issue of formulas and words, but the idea that
the contrary, we have in each other, on land,
and air. the assurance of security for each
it suggested with regard to continental waters
gitude;
of all of the nations of America.
will be defended by Brazil, because it considers
Thence by a rhumb line to a point on th
equator in 97 west longitude;
Thence by a rhumb line to a point in 15
north latitude, 120 west longitude;
Continental security against overseas aggresare must be obtained on sounder bases.
the principle useful for its existence and that
Thence by a rhumb line to a point
48°29'38" north latitude. 136 west longitude
Thence due east to the Pacific terminus
the United States-Canada boundary in
Strait of Juan de Fuen.
2. The Governments of the American Repub-
lies agree that they will endeavor, through joint
representation to such belligerents as may now
or in the future be engaged in hostilities,
It is on the seas that surround us that lies
of the other Republics of America.
These are the bases of the Brazilian vote and
the future fate of our sovereignties, because the
of the attitude of its delegates to the meeting
protection of American soil will not be possible,
in the past, without the security of the surrounding seas.
The sea outside territorial waters, only three
miles from our coast, from our cities and even
from our capitals, not only is not ours, but in it
are at the mercy of any action contrary to
the free and peaceful expansion of our soverrighty, of our continental relations and even of
secure the compliance by them with the pro-
the maritime communications between ports of
visions of this Declaration, without prejudio
the same country.
to the exercise of the individual rights of each
To the defense of the continental territorial
1. As a measure of continental self-protection, the American Republics, so long as they
State inherent in their sovereignty.
3. The Governments of the American Be
integrity, we must add, therefore, as an in-
maintain their neutrality, are as of inherent
publics further declare that whenever they cont
right entitled to have those waters adjacent to
the American continent, which they regard as
sider it necessary they will consult together
The Meeting at Panama must request and
determine upon the measures which they my
movie from all the belligerents engaged in the
of primary concern and direct utility in their
relations, free from the commission of any
hostile act by any non-American belligerent
333
individually or collectively undertake in and
to secure the observance of the provisions
this Declaration.
separable part of an American political whole,
he security of continental waters.
VAL in which no American Republic is innoted the assurance that the countries in con-
- will abstain from any belligerent act or
of Panama.
DECLARATION OF THE ARGENTINE DELEGATION
waters to ContiThe Argentine Delegation declares that in
in as act,
extent
nent, the in zone adjacent that defined territorial the free South from American of any coasts hostile which,
corresponds to the Argentine Republic, it does
not recognize the existence of colonies or possessions of European countries, and adds that
it specifically reserves and maintains intact the
legitimate titles and rights of the Argentine
Republic to islands such as the Malvinas, as
well as to any other Argentine territory located
within or beyond the said zone.
DECLARATION OF THE MINISTER OF FOREIGN
AFFAIRS OF GUATEMALA
The declaration and reservation of His Excellency, Dr. Melo, of Argentina, impels me to
334
DEPARTMENT OF STATE BULLETIS
present, on behalf of Guatemala, a like declaration and reservation, because the controversy
of Guatemala with the British Empire is similar and my silence might be interpreted as an
abandonment of the legitimate rights now
under discussion.
XV
TRANSMISSION OF DECLARATION OF PANAMA
The Meeting of the Foreign Ministers of
the American Republics
Resolves
To request the President of the Republic
of Panama, His Excellency Dr. Juan Demostenes Arosemena, to transmit, in the name of
all the Republics of America, the Declaration
of Panama to the belligerent governments in-
volved in the European war. (Approved
October 3, 1939).
XVI
Resolves
1. That in case any geographic region of
America subject to the jurisdiction of any nonAmerican state should be obliged to change
its sovereignty and there should result there.
from a danger to the security of the American
Continent, a consultative meeting such as the
one now being held will be convoked with the
urgency that the case may require.
2. It is understood that this resolution shall
not apply to a change of status resulting from
the settlement of questions now pending between non-American states and states of the
Continent. (Approved October 3, 1939.)
In witness whereof the following Ministers
of Foreign Affairs or their Representatives
sign the present Final Act, and hereunto affir
their respective Seals.
Done at Panama on the 3rd day of October
1939, in the English, Spanish, Portuguese and
TRANSFER OF SOVEREIGNTY OF GEOGRAPHIC REGIONS OF THE AMERICAS HELD BY NON-AMERICAN STATES
The Meeting of the Foreign Ministers of
the American Republics
French languages, the respective texts to
deposited in the archives of the Pan American
Union. The Secretary General of the Meeting shall hand these texts to the Ministry
Foreign Affairs of Panama for transmittal
the Pan American Union.
Radio Address by Under Secretary Welles
(Released to the press October 3]
The Meeting of Foreign Ministers of the
American Republics for Consultation held its
first plenary session in Panama on September
25. It has now, 8 days later, brought its work
to a close.
This meeting took place because the govern-
ments of the American republics shared the
belief that the outbreak of war in Europe
brought into existence a state of affairs which
might well menace the peace and security of
Delivered October 3. 1939, and broadcast over the
network of the Columbia Broadcasting system. Mr.
Welles is United States delegate to the meeting.
the American Continent. They met together
to consult concerning those peaceful, practical
and effective measures which they might adop
to safeguard their national interests and the
collective interests of the American republics
Specifically, their purposes were to strengthen
and safeguard their position as neutrals,
lessen the dislocations produced on their eco
nomic systems by the European war, and
finally, to insure the maintenance of peace
the American Continent.
Let us see how these purposes have been ful
filled. In the first place you might be inter
ested in hearing how this consultation meeting
D-1
277
[PUBLIC-No. 783-76TH CONGRESS
[CHAPTER 720-3D SESSION]
(8. 4164]
AN ACT
To provide for the common defense by increasing the personnel of the armed forces
of the United States and providing for its training
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Congress hereby declares that it is imperative to increase and train the
personnel of the armed forces of the United States.
(b) The Congress further declares that in a free society the obligations and privileges of military training and service should be
shared generally in accordance with a fair and just system of selective
compulsory military training and service.
(c) The Congress further declares, in accordance with our tradi-
tional military policy as expressed in the National Defense Act of
1916, as amended, that it is essential that the strength and organiza-
tion of the National Guard, as an integral part of the first-line
defenses of this Nation, be at all times maintained and assured. To
this end, it is the intent of the Congress that whenever the Congress
shall determine that troops are needed for the national security in
excess of those of the Regular Army and those in active training and
service under section 3 (b), the National Guard of the United States,
or such part thereof as may be necessary, shall be ordered to active
Federal service and continued therein so long as such necessity exists.
SEC. 2. Except as otherwise provided in this Act, it shall be the duty
of every male citizen of the United States, and of every male alien residing in the United States, who, on the day or days fixed for the first or
any subsequent registration, is between the ages of twenty-one and
thirty-six, to present himself for and submit to registration at such time
or times and place or places, and in such manner and in such age group
or groups, as shall be determined by rules and regulations prescribed
hereunder.
SEC. 3. (a) Except as otherwise provided in this Act, every male
citizen of the United States, and every male alien residing in the United
States who has declared his intention to become such a citizen, between
the ages of twenty-one and thirty-six at the time fixed for his registration, shall be liable for training and service in the land or naval forces
of the United States. The President is authorized from time to time,
whether or not a state of war exists, to select and induct into the land
and naval forces of the United States for training and service, in the
manner provided in this Act, such number of men as in his judgment
is required for such forces in the national interest: Provided, That
within the limits of the quota determined under section 4 (b) for the
subdivision in which he resides, any person, regardless of race or color,
between the ages of eighteen and thirty-six, shall be afforded an oppor-
tunity to volunteer for induction into the land or naval forces of the
United States for the training and service prescribed in subsection (b),
2
3
(PUB 782.1
but no person who so volunteers shall be inducted for such training
and service so long as he is deferred after classification Provided further, That no man shall be inducted for training and service under
Act unless and until he is acceptable to the land or naval forces for such this
training and service and his physical and mental fitness for such train.
ing and service has been satisfactorily determined: Provided further
That no men shall be inducted for such training and service until adequate provision shall have been made for such shelter, sanitary facilities, water supplies, heating and lighting arrangements, medical
and hospital accommodations, for such men, as may be determined care, by
the Secretary of War or the Secretary of the Navy, as the case may be,
to be essential to public and personal health: Provided further, That
except in time of war there shall not be in active training or service in
the land forces of the United States at any one time under subsection
(b) more than nine hundred thousand men inducted under the provisions of this Act. The men inducted into the land or naval forces for
training
and service under this Act shall be assigned to camps or units
of
such forces.
(b) Each man inducted under the provisions of subsection (a) shall
serve for a training and service period of twelve consecutive months,
unless sooner discharged, except that whenever the Congress has
declared that the national interest is imperiled, such twelve-month
period may
be interests
extended
the President
necessary
in the
of by
national
defense. to such time as may be
man, the completion of his of
and (b), shall be transferred to a
ponentage
or or
of until
the the
United
he
attains
of
a
ten
years or he is discharged from such reserve
(c) service after Each of the the such under such land of transfer, subsection forty-five, naval after forces until expiration States; period period and reserve training until of com-
component, whichever occurs first, he shall be deemed to be a member
of such reserve component and shall be subject to such additional training and service as may now or hereafter be prescribed by law Provided.
That any man who completes at least twelve months' training and
service in the land forces under subsection (b), and who thereafter
serves satisfactorily in the Regular Army or in the active National
Guard for a period of at least two years, shall, in time of peace, be
relieved from any liability to serve in any reserve component of the
land or Naval forces of the United States and from further liability
for the training and service under subsection (b), but nothing in this
subsection shall be construed to prevent any such man, while in a
reserve
component
of such forces, from being ordered or called to
active duty
in such forces.
(d) With respect to the men inducted for training and service under
this Act there shall be paid, allowed, and extended the same pay, allowances, pensions, disability and death compensation, and other benefits
as are provided by law in the case of other enlisted men of like grades
and length of service of that component of the land or naval forces to
which they are assigned, and after transfer to a reserve component of
the land or nsval forces as provided in subsection (c) there shall be
paid, allowed, and extended with respect to them the same benefits as
are provided by law in like cases with respect to other members of such
reserve component. Men in such training and service and men who
have been 80 transferred to reserve components shall have an opportunity to qualify for promotion.
(e) Persons inducted into the land forces of the United States under
this Act shall not be employed beyond the limits of the Western Hemisphere except in the Territories and possessions of the United States,
including the Philippine Islands.
(f) Nothing contained in this or any other Act shall be construed as
forbidding the payment of compensation by any person, firm, or corporation to persons inducted into the land or naval forces of the United
States for training and service under this Act, or to members of the
reserve components of such forces now or hereafter on any type of
active duty, who, prior to their induction or commencement of active
duty,
were receiving compensation from such person, firm, or
corporation.
SEC. 4. (a) The selection of men for training and service under section 3 (other than those who are voluntarily inducted pursuant to this
Act) shall be made in an impartial manner, under such rules and
regulations as the President may prescribe, from the men who are liable
for such training and service and who at the time of selection are registered and classified but not deferred or exempted: Provided. That in
the selection and training of men under this Act, and in the interpreta-
tion and execution of the provisions of this Act, there shall be no
discrimination against any person on account of race or color.
(b) Quotas of men to be inducted for training and service under
this Act shall be determined for each State, Territory, and the District
of Columbia, and for subdivisions thereof, on the basis of the actual
number of men in the several States, Territories, and the District of
Columbia, and the subdivisions thereof, who are liable for such training and service but who are not deferred after classification, except
that credits shall be given in fixing such quotas for residents of such
subdivisions who are in the land and naval forces of the United States
on the date fixed for determining such quotas. After such quotas are
fixed, credits shall be given in filling such quotas for residents of such
subdivisions who subsequently become members of such forces. Until
the actual numbers necessary for determining the quotas are known,
the quotas may be based on estimates, and subsequent adjustments
therein shall be made when such actual numbers are known. All
computations under this subsection shall be made in accordance with
such rules and regulations as the President may prescribe.
SEC. 5. (a) Commissioned officers, warrant officers, pay clerks, and
enlisted men of the Regular Army, the Navy, the Marine Corps, the
Coast Guard, the Coast and Geodetic Survey, the Public Health Serv-
ice, the federally recognized active National Guard. the Officers'
Reserve Corps, the Regular Army Reserve, the Enlisted Reserve Corps,
the Naval Reserve, and the Marine Corps Reserve: cadets, United
States Military Academy; midshipmen, United States Naval Academy; cadets, United States Coast Guard Academy; men who have
been accepted for admittance (commencing with the academic year
next succeeding such acceptance) to the United States Military
Academy as cadets, to the United States Naval Academy as midshipmen, or to the United States Coast Guard Academy as cadets, but
during the continuance of such acceptance; cadets of the advanced
course, senior division, Reserve Officers' Training Corps or Naval
Reserve Officers' Training Corps; and diplomatic representatives,
technical attachés of foreign embassies and legations, consuls general,
4
5
[PUB 782.)
consuls, vice consuls, and consular agents of foreign countries, residing
in the United States, who are not citizens of the United States, and
who have not declared their intention to become citizens of the United
States, shall not be required to be registered under section 2 and shall
be relieved from liability for training and service under section 3 (b).
(b) In time of peace, the following persons shall be relieved from
liability to serve in any reserve component of the land or naval forces
of
the section
United 3States
under
(b)- and from liability for training and service
(1) Any man who shall have satisfactorily served for at least
three consecutive years in the Regular Army before or after or
partially
before
under section
2. and partially after the time fixed for registration
(2) Any man who as a member of the active National Guard shall
have satisfactorily served for at least one year in active Federal
service in the Army of the United States, and subsequent thereto
for at least two consecutive years in the Regular Army or in the
active National Guard, before or after or partially before and partially after the time fixed for registration under section 2.
(3) Any man who is in the active National Guard at the time
fixed for registration under section 2, and who shall have satisfactorily served therein for at least six consecutive years, before or after
or
partially before and partially after the time fixed for such
registration.
(4) Any man who is in the Officers' Reserve Corps on the eligible
list at the time fixed for registration under section 2, and who shall
have satisfactorily served therein on the eligible list for at least six
consecutive years, before or after or partially before and partially
after the time fixed for such registration: Provided, That nothing
in this subsection shall be construed to prevent the persons enumerated in this subsection, while in reserve components of the land or
naval forces of the United States, from being ordered or called to
active duty in such forces,
(c) (1) The Vice President of the United States, the Governors of
the several States and Territories, members of the legislative bodies
of the United States and of the several States and Territories, judges
of the courts of record of the United States and of the several States
and Territories and the District of Columbia, shall, while holding such
offices, be deferred from training and service under this Act in the land
and naval forces of the United States.
(2) The President is authorized, under such rules and regulations
as he may prescribe, to provide for the deferment from training and
service under this Act in the land and naval forces of the United States,
of any person holding an office (other than an office described in para-
graph (1) of this subsection) under the United States or any State,
Territory, or the District of Columbia, whose continued service in such
office is found in accordance with section 10 (a) (2) to be necessary to
the maintenance of the public health, safety, or interest.
(d) Regular or duly ordained ministers of religion, and students
who are preparing for the ministry in theological or divinity schools
recognized as such for more than one year prior to the date of enactment of this Act, shall be exempt from training and service (but not
from registration) under this Act.
(e) The President is authorized, under such rules and regulations
he may prescribe, to provide for the deferment from training and
service under this Act in the land and naval forces of the United
States of those men whose employment in industry, agriculture, or
as
other occupations or employment, or whose activity in other endeavors,
is found in accordance with section 10 (a) (2) to be necessary to
the maintenance of the national health. safety, or interest. The President is also authorized, under such rules and regulations as he may
prescribe, to provide for the deferment from training and service
under this Act in the land and naval forces of the United States (1)
of those men in a status with respect to persons dependent upon them
for support which renders their deferment advisable, and (2) of those
men found to be physically, mentally, or morally deficient or defective. No deferment from such training and service shall be made in
the case of any individual except upon the basis of the status of such
individual, and no such deferment shall be made of individuals by
occupational
groups or of groups of individuals in any plant or
institution.
(f) Any person who, during the year 1940, entered upon attendance
for the academic year 1940-1941(1) at any college or university which grants a degree in arts
or science, to pursue a course of instruction satisfactory comple-
tion of which is prescribed by such college or university as a
prerequisite to either of such degrees; or
(2) at any university described in paragraph (1), to pursue a
course of instruction to the pursuit of which n degree in arts or
science is prescribed by such university as a prerequisite;
and who, while pursuing such course of instruction at such college or
university, is selected for training and service under this Act prior to
the end of such academic year, or prior to July 1, 1941. whichever
occurs first, shall, upon his request, be deferred from induction into
the land or naval forces for such training and service until the end
of such academic year. but in no event later than July 1. 1941.
(g) Nothing contained in this Act shall be construed to require
any
person to be subject to combatant training and service in the
land or naval forces of the United States who. by reason of religious
training and belief. is conscientiously opposed to participation in
war in any form. Any such person claiming such exemption from
combatant training and service because of such conscientious objec-
tions whose claim is sustained by the local board shall, if he is
inducted into the land or naval forces under this Act, be assigned
to noncombatant service as defined by the President, or shall, if he
is found to be conscientiously opposed to participation in such noncombatant service, in lieu of such induction, be assigned to work of
national importance under civilian direction. Any such person
claiming such exemption from combatant training and service because
of such conscientious objections shall, if such claim is not sustained
by the local board, be entitled to an appeal to the appropriate appeal
board provided for in section 10 (a) (2). Upon the filing of such
appeal with the appeal board, the appeal board shall forthwith
refer the matter to the Department of Justice for inquiry and hearing
by the Department or the proper agency thereof. After appropriate
inquiry by such agency, a hearing shall be held by the Department
of Justice with respect to the character and good faith of the objec-
6
(Pus.
(Pes.783)
7
tions of the person concerned, and such person shall be notified of
the time and place of such hearing. The Department shall, after
such hearing, if the objections are found to be sustained, recommend
to the appeal board (1) that if the objector is inducted into the land
or naval forces under this Act, he shall be assigned to noncombatant
service as defined by the President, or (2) that if the objector is
found to be conscientiously opposed to participation in such noncombatant service, he shall in lieu of such induction be assigned to
work of national importance under civilian direction. If after such
hearing the Department finds that his objections are not sustained,
it shall recommend to the appeal board that such objections be not
sustained. The appeal board shall give consideration to but shall
not be bound to follow the recommendation of the Department of
Justice together with the record on appeal from the local board in
making its decision. Each person whose claim for exemption from
combatant training and service because of conscientious objections is
sustained shall be listed by the local board on a register of conscien.
tious objectors.
(h) No exception from registration, or exemption or deferment
from training and service, under this Act, shall continue after the cause
therefor ceases to exist.
SEC. 6. The President shall have authority to induct into the land
and naval forces of the United States under this Act no greater number
of men than the Congress shall hereafter make specific appropriation
for from time to time.
SEC. 7. No bounty shall be paid to induce any person to enlist in or
be inducted into the land or naval forces of the United States: Provided, That the clothing or enlistment allowances authorized by law
shall not be regarded as bounties within the meaning of this section.
No person liable for service in such forces shall be permitted or allowed
to furnish a substitute for such service: no substitute as such shall be
received, enlisted, enrolled, or inducted into the land or naval forces
of the United States: and no person liable for training and service in
such forces under section 3 shall be permitted to escape such training
and service or be discharged therefrom prior to the expiration of his
period of such training and service by the payment of money or any
other valuable thing whatsoever as consideration for his release from
training and service or liability therefor.
SEC. 8. (a) Any person inducted into the land or naval forces under
this Act for training and service, who, in the judgment of those in
authority over him, satisfactorily completes his period of training and
service under section 3 (b) shall be entitled to a certificate to that effect
upon the completion of such period of training and service, which shall
include a record of any special proficiency or merit attained. In addition, each such person who is inducted into the land or naval forces
under this Act for training and service shall be given a physical examination at the beginning of such training and service and a medical
statement showing any physical defects noted upon such examination:
and upon the completion of his period of training and service under
section 3 (b), each such person shall be given another physical examination and shall be given a medical statement showing any injuries,
illnesses or disabilities suffered by him during such period of training
and service.
(b) In the case of any such person who, in order to perform such
training and service, has or leaves a position, other than a temporary
position, in the employ of any employer and who (1) receives such
certificate, (2) is still qualified to perform the duties of such position,
and (3) makes application for reemployment within forty days after
he is relieved from such training and service-
(A) if such position was in the employ of the United States
Government, its Territories or possessions, or the District of
Columbia, such person shall be restored to such position or to a
position of like seniority, status, and pay;
(B) if such position was in the employ of a private employer,
such employer shall restore such person to such position or to a
position of like seniority, status, and pay unless the employer's
circumstances have so changed as to make it impossible or unrea-
sonable to do so;
(C) if such position was in the employ of any State or political
subdivision thereof, it is hereby declared to be the sense of the
Congress that such person should be restored to such position or to
a position of like seniority, status, and pay.
(c) Any person who is restored to a position in accordance with the
provisions of paragraph (A) or (B) of subsection (b) shall be con-
sidered as having been on furlough or leave of absence during his period
of training and service in the land or naval forces, she be so restored
without loss of seniority, shall be entitled to participate in insurance
or other benefits offered by the employer pursuant to established rules
and practices relating to employees on furlough or leave of absence in
effect with the employer at the time such person was inducted into such
forces, and shall not be discharged from such position without cause
within one year after such restoration.
(d) Section 3 (c) of the joint resolution entitled "Joint Resolution to
strengthen the common defense and to authorize the President to order
members and units of reserve components and retired personnel of the
Regular Army into active military service", approved August 27, 1940,
is amended to read as follows:
"(c) Any person who is restored to a position in accordance with the
provisions of paragraph (A) or (B) of subsection (b) shall be considered as having been on furlough or leave of absence during his period
of active military service, shall be so restored without loss of seniority,
shall be entitled to participate in insurance or other benefits offered by
the employer pursuant to established rules and practices relating to
employees on furlough or leave of absence in effect with the employer
at the time such person was ordered into such service, and shall not be
discharged from such position without cause within one year after such
restoration."
(e) In case any private employer fails or refuses to comply with the
provisions of subsection (b) or subsection (c), the district court of the
United States for the district in which such private employer maintains
a place of business shall have power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits
of such provisions, to specifically require such employer to comply with
such provisions, and, as an incident thereto, to compensate such person
for any loss of wages or benefits suffered by reason of such employer's
8
[Pus. 782.1
unlawful action. The court shall order a speedy hearing in any such
case and shall advance it on the calendar. Upon application to the
United States district attorney or comparable official for the district in
which such private employer maintains a place of business, by any
person claiming to be entitled to the benefits of such provisions, such
United States district attorney or official, if reasonably satisfied that the
person 80 applying is entitled to such benefits, shall appear and act as
attorney for such person in the amicable adjustment of the claim or in
the filing of any motion, petition, or other appropriate pleading and
the prosecution thereof to specifically require such employer to comply
with such provisions: Provided, That no fees or court costs shall be
taxed against the person o applying for such benefits.
(f) Section 3 (d) of the joint resolution entitled "Joint Resolution
to strengthen the common defense and to authorize the President to
order members and units of reserve components and retired person-
nel of the Regular Army into active military service". approved
August 27, 1940, is amended by inserting before the period at the
end of the first sentence the following: " and, as an incident thereto,
to compensate such person for any loss of wages or benefits suffered
by reason of such employer's unlawful action"
(g) The Director of Selective Service herein provided for shall
establish a Personnel Division with adequate facilities to render aid
in the replacement in their former positions of, or in securing positions for. members of the reserve components of the land and naval
forces of the United States who have satisfactorily completed any
period of active duty, and persons who have satisfactorily completed
any period of their training and service under this Act.
(h) Any person inducted into the land or naval forces for training and service under this Act shall, during the period of such training and service, be permitted to vote in person or by absentee ballot
in any general, special, or primary election occurring in the State
of which he is a resident, whether he is within or outside of such
State at the time of such election, if under the laws of such State
he is entitled so to vote in such election; but nothing in this subsec-
tion shall be construed to require granting to any such person a
leave of absence for longer than one day in order to permit him to
vote in person in any such election.
(i) It is the expressed policy of the Congress that whenever a
vacancy is caused in the employment rolls of any business or industry
by reason of induction into the service of the United States of an
employee pursuant to the provisions of this Act such vacancy shall
not be filled by any person who is a member of the Communist
Party or the German-American Bund.
SEC. 9. The President is empowered, through the head of the
War Department or the Navy Department of the Government, in
addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, company, corporation, or organized manufacturing industry for such
product or material as may be required, and which is of the nature
and kind usually produced or capable of being produced by such
individual, firm. company, association, corporation, or organized
manufacturing industry.
Compliance with all such orders for products or material shall be
obligatory on any individual, firm, association, company, corporation,
(Pus.783)
9
or organized manufacturing industry or the responsible head or heads
thereof and shall take precedence over all other orders and contracts
theretofore placed with such individual, firm, company, association,
corporation, or organized manufacturing industry, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning
or operating any plant equipped for the manufacture of arms or
ammunition or parts of ammunition, or any necessary supplies or
equipment for the Army or Navy, and any individual. firm, association, company, corporation, or organized manufacturing industry
or the responsible head or heads thereof owning or operating any
manufacturing plant, which, in the opinion of the Secretary of War
or the Secretary of the Navy shall be capable of being readily
transformed into a plant for the manufacture of arms or ammunition. or parts thereof, or other necessary supplies or equipment, who
shall refuse to give to the United States such preference in the
matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or
the parts thereof, or any necessary supplies or equipment, as ordered
by the Secretary of War or the Secretary of the Navy, or who shall
refuse to furnish such arms, ammunition, or parts of ammunition
or other supplies or equipment, at a reasonable price as determined
by the Secretary of War or the Secretary of the Navy, as the case
may be, then. and in either such case, the President, through the
head of the War or Navy Departments of the Government, in addition to the present authorized methods of purchase or procurement,
is hereby authorized to take immediate possession of any such plant
or plants, and through the appropriate branch, bureau, or department of the Army or Navy to manufacture therein such product
or material as may be required, and any individual, firm, company,
association, or corporation, or organized manufacturing industry.
or the responsible head or heads thereof, failing to comply with the
provisions of this section shall be deemed guilty of a felony, and
upon conviction shall be punished by imprisonment for not more
than three years and a fine not exceeding $50,000.
The compensation to be paid to any individual, firm, company,
association, corporation, or organized manufacturing industry for
its products or material, or as rental for use of any manufacturing
plant while used by the United States, shall be fair and just
Provided, That nothing herein shall be deemed to render inapplicable existing State or Federal laws concerning the health, safety,
security, and employment standards of the employees in such plant.
The first and second provisos in section 8 (b) of the Act entitled
"An Act to expedite national defense, and for other purposes"
approved June 28, 1940 (Public Act Numbered 671, Seventy-sixth
Congress), are hereby repealed.
SEC. 10. (a) The President is authorized(1) to prescribe the necessary rules and regulations to carry
out the provisions of this Act
(2) to create and establish a Selective Service System, and
shall provide for the classification of registrants and of persons
who volunteer for induction under this Act on the basis of availability for training and service, and shall establish within the
10
(PUB. 783.1
Selective Service System civilian local boards and such other
civilian agencies, including appeal boards and agencies of appeal,
as may be necessary to carry out the provisions of this Act. There
shall be created one or more local boards in each county or politi-
cal subdivision corresponding thereto of each State, Territory,
and the District of Columbia. Each local board shall consist of
three or more members to be appointed by the President, from
recommendations made by the respective Governors or comparable
executive officials. No member of any such local board shall be
a member of the land or naval forces of the United States, but
each member of any such local board shall be a civilian who is
citizen of the United States residing in the county or political
subdivision corresponding thereto in which such local board has
jurisdiction under rules and regulations prescribed by the President. Such local boards, under rules and regulations prescribed
by the President, shall have power within their respective jurisdictions to hear and determine, subject to the right of appeal to
the appeal boards herein authorized, all questions or claims with
respect to inclusion for, or exemption or deferment from, training
and service under this Act of all individuals within the jurisdiction of such local boards. The decisions of such local boards shall
be final except where an appeal is authorized in accordance with
a
such rules and regulations as the President may prescribe.
(Pcs.783.)
11
ees for local boards and fix their compensation without regard
to
the provisions
Classification
Act of 1923,laws.
as amended, and without regard
to the
of civil-service
(4) to utilize the services of any or all departments and any and
all officers or agents of the United States and to accept the services
of all officers and agents of the several States, Territories, and the
District
Columbia and subdivisions thereof in the execution of
this
Act:#ofand
(5) to purchase such printing, binding, and blankbook work
from public, commercial, or private printing establishments or
binderies upon orders placed by the Public Printer or upon
waivers issued in accordance with section 12 of the Printing
Act approved January 12, 1895, as amended by the Act of July
8, 1935 (49 Stat. 475), and to obtain by purchase, loan, or gift
such equipment and supplies for the Selective Service System
as he may deem necessary to carry out the provisions of this
Act, with or without advertising or formal contract; and
(6) to prescribe eligibility, rules, and regulations governing
the parole for service in the land or naval forces, or for any
other special service established pursuant to this Act, of any
person convicted of a violation of any of the provisions of this
Act.
Appeal boards and agencies of appeal within the Selective Service
(b) The President is further authorized, under such rules and regulations as he may prescribe, to delegate and provide for the delega-
or appeal board or other agency, shall be excepted from registra-
agents, or persons as he may designate or appoint for such purpose
or as may be designated or appointed for such purpose pursuant to
such rules and regulations as he may prescribe.
System shall be composed of civilians who are citizens of the
United States. No person who is an officer, member, agent, or
employee of the Selective Service System, or of any such local
tion, or deferred from training and service, as provided for in
this Act, by reason of his status as such officer, member, agent, or
employee;
(3) to appoint by and with the advice and consent of the Senate,
and fix the compensation at a rate not in excess of $10,000 per
annum, of a Director of Selective Service who shall be directly
responsible to him and to appoint and fix the compensation of such
other officers, agents, and employees as he may deem necessary to
carry out the provisions of this Act: Provided, That any officer on
the active or retired list of the Army, Navy, Marine Corps, or
Coast Guard, or of any reserve component thereof or any officer or
employee of any department or agency of the United States who
may be assigned or detailed to any office or position to carry out the
provisions of this Act (except to offices or positions on local boards,
appeal boards, or agencies of appeal established or created pursuant
to section 10 (a) (2)) may serve in and perform the functions of
such office or position without loss of or prejudice to his status as
such officer in the Army, Navy, Marine Corps, or Coast Guard or
reserve component thereof, or as such officer or employee in any
department or agency of the United States: Provided further,
That any person so appointed, assigned or detailed to a position
the compensation in respect of which is at a rate in excess of $5,000
per annum shall be appointed, assigned or detailed by and with the
advice and consent of the Senate: Provided further, That the
President may appoint necessary clerical and stenographic employ-
tion of any authority vested in him under this Act to such officers,
(c) In the administration of this Act voluntary services may be
accepted. Correspondence necessary in the execution of this Act
may be carried in official penalty envelopes.
(d) The Chief of Finance, United States Army, is hereby designated, empowered, and directed to act as the fiscal, disbursing, and
accounting agent of the Director of Selective Service in carrying out
the provisions of this Act.
SEC. 11. Any person charged as herein provided with the duty of
carrying out any of the provisions of this Act, or the rules or regulations made or directions given thereunder, who shall knowingly fail or
neglect to perform such duty, and any person charged with such duty,
or having and exercising any authority under said Act, rules, regulations, or directions who shall knowingly make, or be a party to the
making, of any false, improper, or incorrect registration, classification,
physical or mental examination, deferment, induction, enrollment, or
muster, and any person who shall knowingly make, or be a party to
the making of, any false statement or certificate as to the fitness or
unfitness or liability or nonliability of himself or any other person for
service under the provisions of this Act, or rules, regulations, or directions made pursuant thereto, or who otherwise evades registration or
service in the land or naval forces or any of the requirements of this
Act, or who knowingly counsels, aids, or abets another to evade registration or service in the land or naval forces or any of the requirements
of this Act, or of said rules, regulations, or directions, or who in any
manner shall knowingly fail or neglect to perform any duty required
12
(Pur. 782.)
(Pen. 783.)
13
of
him under or in the execution of this Act, or rules or regulations
made pursuant to this Act, or any person or persons who shall know.
ingly hinder or interfere in any way by force or violence with the
administration of this Act or the rules or regulations made pursuant
thereto, or conspire to do so, shall, upon conviction in the district court
of the United States having jurisdiction thereof, be punished by imprisonment for not more than five years or a fine of not more than $10,000,
or by both such fine and imprisonment, or if subject to military or naval
law may be tried by court martial, and, on conviction, shall suffer such
punishment
as a court martial may direct. No person shall be tried
by
any military or naval court martial in any case arising under this
Act unless such person has been actually inducted for the training and
service prescribed under this Act or unless he is subject to trial by
court martial under laws in force prior to the enactment of this Act.
Precedence
shall be given by courts to the trial of cases arising under
this
Act.
SEC. 12. (a) The monthly base pay of enlisted men of the Army
and the Marine Corps shall be as follows: Enlisted men of the first
grade, $126; enlisted men of the second grade, $84; enlisted men of
the third grade, $72; enlisted men of the fourth grade, $60; enlisted
men of the fifth grade, $54; enlisted men of the sixth grade, $36;
enlisted men of the seventh grade, $30; except that the monthly base
pay of enlisted men with less than four months' service during their
first enlistment period and of enlisted men of the seventh grade
whose inefficiency or other unfitness has been determined under regulations prescribed by the Secretary of War, and the Secretary of the
Navy, respectively, shall be $21. The pay for specialists' ratings,
which shall be in addition to monthly base pay, shall be as follows:
First class, $30; second class, $25: third class, $20; fourth class, $15:
fifth class, $6: sixth class, $3. Enlisted men of the Army and the
Marine Corps shall receive, as a permanent addition to their pay, an
increase of 10 per centum of their base pay and pay for specialists
ratings upon completion of the first four years of service, and an
additional increase of 5 per centum of such base pay and pay for
specialists' ratings for each four years of service thereafter, but the
total of such increases shall not exceed 25 per centum. Enlisted men
of the Navy shall be entitled to receive at least the same pay and
allowances as are provided for enlisted men in similar grades in the
Army and Marine Corps.
(b) The pay for specialists' rating received by an enlisted man of
the Army or the Marine Corps at the time of his retirement shall be
included in the computation of his retired pay.
(c) The pay of enlisted men of the sixth grade of the National
Guard for each armory drill period, and for each day of participation
in exercises under sections 94, 97, and 99 of the National Defense Act,
shall be $1.20.
(d) No back pay or allowances shall accrue by reason of this Act
for any period prior to October 1, 1940.
(e) Nothing in this Act shall operate to reduce the pay now being
received by any retired enlisted man.
(f) The provisions of this section shall be effective on and after
October 1, 1940. Thereafter all laws and parts of laws insofar as
the same are inconsistent herewith or in conflict with the provisions
hereof are hereby repealed.
SEC. 13. (a) The benefits of the Soldiers and Sailors Civil Relief
Act, approved March 8, 1918, are hereby extended to all persons
inducted into the land or naval forces under this Act, and to all members of any reserve component of such forces now or hereafter on
active duty for a period of more than one month: and, except as
hereinafter
provided,
thepurposes.
provisions of such Act of March 8, 1918,
shall
be effective
for such
(b) For the purposes of this section-
(1) the following provisions of such Act of March 8, 1918,
shall be inoperative: Section 100: paragraphs (1), (2), and (5)
of section
and
section 101;
603; article 4; article 5: paragraph (2) of section 601;
(2) the term "persons in military service". when used in such
Act of March 8, 1918, shall be deemed to mean persons inducted
into the land or naval forces under this Act and all members of
any reserve component of such forces now or hereafter on active
duty for a period of more than one month
(3) the term "period of military service", when used in such
Act of March 8, 1918, when applicable with respect to any such
person, shall be deemed to mean the period beginning with the
date of enactment of this Act, or the date on which such person
is inducted into such forces under this Act for any period of
training and service or is ordered to such active duty, whichever
is the later, and ending sixty days after the date on which such
period of training and service or active duty terminates;
(4) the term "date of approval of this Act", when used in such
Act of March 8, 1918, shall be deemed to mean the date of
enactment of the Selective Training and Service Act of 1940.
(c) Article III of such Act of March 8, 1918, is amended by adding
at the end thereof the following new section:
"SEC. 303. Nothing contained in section 301 shall prevent the termination or cancellation of a contract referred to in such section, nor the
repossession or retention of property purchased or received under such
contract, pursuant to a mutual agreement of the parties thereto, or their
assignees, if such agreement is executed in writing subsequent to the
making
of such contract and during the period of military service of
the person concerned."
SEC. 14. (a) Every person shall be deemed to have notice of the
requirements of this Act upon publication by the President of a proclamation2.or other public notice fixing a time for any registration under
section
(b) If any provision of this Act, or the application thereof to any
person or circumstance, is held invalid, the remainder of the Act, and
the application of such provision to other persons or circumstances,
shall not be affected thereby.
(c) Nothing contained in this Act shall be construed to repeal,
amend, or suspend the laws now in force authorizing voluntary enlistment or reenlistment in the land and naval forces of the United States,
including the reserve components thereof.
SEC. 15. When used in this Act-
(a) The term "between the ages of twenty one and thirty shall
refer to men who have attained the twenty first anniversary of the day
of their birth and who have not attained the thirty-sixth anniversary of
14
(PUR 789.)
the day
of their birth:
other
terms designating different age groups
shall
be construed
in aand
similar
manner.
(b) The term "United States", when used in a geographical sense,
shall
beHawaii,
deemedand
to Puerto
mean the
several States, the District of Columbia,
Alaska,
Rico.
(c) The term "dependent" when used with respect to a person registered under the provisions of this Act includes only an individual (1)
who is dependent in fact on such person for support in a reasonable
manner. and (2) whose support in such a manner depends on income
earned by such person in a business, occupation, or employment.
(d) The terms "land or naval forces" and "land and naval forces"
shall be deemed to include aviation units of such forces.
(e) The term "district court of the United States" shall be deemed to
include the courts of the United States for the Territories and the
possessions of the United States.
SEC. 16. (a) Except as provided in this Act, all laws and parts of
laws in conflict with the provisions of this Act are hereby suspended to
the
force.extent of such conflict for the period in which this Act shall be in
(b) All the provisions of this Act, except the provisions of sections
3 (c), 3 d). 8 (g). and 12, shall become inoperative and cease to apply
on and after May 15. 1945. except as to offenses committed prior to such
date, unless this Act is continued in effect by the Congress.
(c) There are hereby authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as may be
necessary to carry out the provisions of this Act.
SEC. 17. This Act shall take effect immediately.
18. This Act may be cited as the "Selective Training and Service
ActSEC.
of 1940".
Approved, September 16, 1940, 3:08 p. m., E.S.T.
278
Appe
Registration Day
EXTENSION OF REMARKS
OF
HON. ALBEN W. BARKLEY
OF KENTUCKY
IN THE SENATE OF THE UNITED STATES
Thursday. October 17 (legislative day of Wednesday,
September 18), 1940
ADDRESS BY THE PRESIDENT
Mr. BARKLEY. Mr. President, I ask unanimous consent to
have printed in the RECORD the address delivered by the Prest-
dest and broadcast over a Nation-wide hook-up on registration day. yesterday. October 16, 1940, with reference to the
draft.
There being no objection. the address was ordered to be
printed in the RECORD as follows:
On this day more than 16,000,000 young Americans are reviving
the 100-year-old American custom of the muster. They are obeying
that first duty of free citizenship by which from the earliest colonial
times every able-bodied citizen was subject to the call for service in
the national defense.
day of deep and purposeful meaning in the lives of all of
a For on this day we Americans proclaim the vitality of our
history the singleness of our will. and the unity of our Nation
We prepare to keep the peace in this New World which freemen
have built for freemen to live in. The United States, a Nation of
130,000,000 people, has today only about 500,000 half a million-
officers and men in Army and National Guard. Other nations,
smaller in population, have four and five and six million trained men
is their armies Our present program will train 800,000 additional
me this coming year and somewhat less than 1,000,000 men each
year thereafter. It is a program obviously of defensive preparation
and of defensive preparation only.
Calmly, without fear and without hysteria, but with clear deter-
mination we are building guns and planes and tanks and ships, and
all the other tools which modern defense requires. We are mobilis-
ing our citizenship, for we are calling on men and women and
property and money to join in making our defense effective. To-
car' registration for training and service is the keystone in the arch
of - national defense.
In the days when our forefathers laid the foundation of our
omocracy every American family had to have its gun and know how
to the it. Today we live under threats threats of aggression from
abroad which call again for the same readiness, the same vigilance.
Ours must once again be the spirit of those who were prepared to
defend as they built, to defend as they worked, to defend as they
Forshiped
The duty of this day has been imposed upon us from without
Those who have dared to threaten the whole world with war-those
who have created the name and deed of total war have imposed
upondefense.
us and upon all free peoples the necessity of preparation for
total
But this day not only imposes a duty: It provides also an oppor-
tunity -00 opportunity for united action in the cause of liberty:
an opportunity for the continuing creation on this continent of a
country where the people alone shall be master, where the people
shall be truly free.
To the 16,000,000 young men who register today I say that democracy is your cause the cause of youth.
Democracy is the one form of society which guarantees to every
new generation of men the right to imagine and to attempt to
bring to pass better world. Under the despotisms the Imagination
of
a better world and its achievement are alike forbidden
Your act today affirms not only your loyalty to your country but
a in of and will
your will to build your future for yourselves.
We of today. with God's help. can begerath to Americans of to-
morrow survive nation which the ways liberty justice
of and be secure. Such a nation must be devoted to the cause
peace And it is for that cause that America arms Itself.
It is to that cause the cause of peace that we Americans today
devote
our national will and our national spirit and our national
strength
D
CONGRESSIONAL RECORD-APPENDIX
orders are given It means more dividends for him.
being more asked to speak here and there disinternated
The New Deal and National Defense
individual home only interest is the saving of our
further ell-known International banking house,
OF
has
this
HON. SHERMAN MINTON
while speaking of international recent
advertisement appeared in many papers the
OF INDIANA
advocating our more active in the terrible
abread checked who paid for these and
IN THE SENATE OF THE UNITED STATES
Thursday September 19 (legislative day of Wednesday
internati nal bank in New York City/with the excepdirectly or indirectly connected with the
September 18). 1940
those
inditoSuch
the
apatriotism
director inAnother
a corporato be used in war and whose corporation
ADDRESS BY HON HAROLD
L ICKES, SECRETARY OF THE
INTERIOR
other from the United States Government
officials of our counin a large steel corporation and was one
Members of the committee just mentioned a
Mr MINTON Mr. President, I ask unanimous consent to
the board of directors What do you think about
have printed in the Appendix of the RECORD a radio address
delivered on September 15. 1940, by the Secretary of the In-
this oration? During the first mor the of this
a most 3,000 percent higher than they were for
of last year The last # months of this year points
terior, Hon. Harold L Ickes, on the subject of the New Deal
profits
and national defense.
some of these corporations who are getting large
orders are donating money to the campaign funds
There being no objection, the address was ordered to be
ads political campaign books Bone time ago
printed in the RECORD as follows:
book for $2.50 an Issue. but what
AMERICAN FORUM OF THE Are
orders for our Army and Navy pay for
Here
SUBJECT: THE NEW DEAL AND NATIONAL DEFENSE
them:
of
(Remarks of Secretary of the Interior Harold L Ickes in discussion
$1,500
with Senator STYLES Bamara and others.)
company $2,500
of ships 12,500
of tanks $5,100
last
Mr. Chairman I am delighted to assist in bringing at long
the distinguished senior Senator from New Hampshire the official
of engine $2,700
spokesman for Wendell Willkle and the Republican National Com-
few who paid those amounts for books that were being
mittee, before the microphone tonight Recently I made a radio
speech and Mr. Willikie announced in advance that the Senator
had been detailed to reply forthwith But when I had spoken, Mr
not miss derstand me. I have not nor do now indict
these statements but I do say these practices
Willikle instructed the Senator not to reply and to cancel his "radio
national defente should not be victimized
time."
personally by their -called patriotism.
realize all business will suffer result
They know there bound te a reaction
when the people know the truth admit it is hard
Now this was a very hard thing for the Senator to do, because
I understand that no radio time had been contracted
for that he
Willkie's showman-
could
bill of billions of dollars out of
speech
being created and they will be created Words,
program on which you are all so well informed that I could add
it
little
ascription Conscription to take the boys of
Fortunately. I can help the Senator tonight to clear away what-
them into armed service If drafted boy
the Government takes 79 percent of wealth
confiscates 70 percent for the next 8 months yet
bowl and howl when we try to limit profits to
contracts Yes: the National Defense
the Army and the Navy have all sent representatives to
protest against any law that would limit profits to 7
organizations
at
in organizations to pro-
death and destruction One
of that An profit on a
profit in 8 years on a at 1,000
England
and charged the United States Army 71
an English company but one in
the
a
but $350.73 to make ton. They
profit Not bad when boys were
challenges America It has not only chall
from the standpoint of finance but is paying campaign
American
who will allow them to continue to gouge
peopl
wa't the patriotism that will defend America. We
nath nat defense one to protect us from a foreign
subver forces within
ever confusion and misapprehension he may have caused I am sure
that he will welcome my efforts in this behalf I can do this
readily because as Federal Public Works Administrator for 6 years
I am personally familiar with the record.
First, let us take the statement that the President did not build
plane with these funds. I am sure, Senator that as a patriotic
American a citizen you will be glad to be told that this is a total
error. as you might have ascertained from detailed reports made to
gave us some startling information on war profits.
promote
or
years prior to 1940 It has nothing to do with the present defense
these war profits and we don't have it and we
confiscated
Elwood
You will note that the Senator's criticism is directed at the 7
stop their being created It takes legislation
yet
at
checks, which he could spend wholly at his own discretion. he built
with these funds not one battleship. not a plane, not an antiaircraft
gun, not a single tank.'
the President that "no war millionaires will be
ton.
farm
"Roosevelt slept as Germany armed With $18,000,000,000 of blank
every dollar that is spent.
$560
the
to be "supporting. I quote directly
have right to get a dollar's worth of guns,
of
on
ing If a declaration that is barren of truth can be said
defense which will protect us against
price
back
publican National Committee for him, promptly issued a support-
people are willing to spend whatever is
charging
Mr.
It? viewed with alarm the New Deal record on defense and Candi-
ages. comes from you. I believe yes: I
was
of
date Willikle the refugee from Wall Street,
did BRIDGES
likewise in the
his ReSenator
as he sees it The American people
company
bit
abroad in the land The Republican platform do you remember
the people the facts Because they
One
another
just
National Defense On this subject there is much misinformation
because influential is no reason for a public
in
was
The subject that we have agreed to discuss is The New Deal and
appear in newspapers, where call from
forces to destroy anyone who stares to tell
then
It
the nonexistent time of the Senator had been abandoned Thus
Mr. Willikle truly left his "BRIDGES" burning behind him
business world where word from them will
in
cancel
ship. However, it was widely proclaimed by the partisan press that
some of these individuals who are in the meet powerful
having
279
EXTENSION OF REMARKS
of family in a powerful
politicalholdings,
well
large
nutacturing. holdings in doing
of
27
18709
as
Congress and to the public Nor are these planes "on paper,
your Mr. Willkie says: they are in right now.
said "not a plane," Senator As a matter of fact, fleets of
planes You for both the Army and funds
the Navy
were builtthewithPresident
Public
allotted
by
Administration
With just one allotment more than 100 planes, not to mention spare
parts, radio equipment, and bombing and armament appliWorks
enginee were provided for the Army. With the same allotment 130
ances, ranging from bullet swift fighters to giant flying-boat patrols
planes bombers were provided for the Navy. This allotment was made
and President from P. W. A. funds in November 1933 at a time
by the Willikle the "great utilitarian, considered It his most
when Mr. himself to "the preservation of public util-
patriotic duty to devote Incidentally, Mr. Willikle's utilities are pro-
tected ities privately tonight owned. by these very planes, while utilities in other lands,
however owned. are being bombed.
Is is possible. Senator, that your chief, Mr. Willkie who offers know
an informed leader in these critical times, does not
himself this? Or as is It possible that the statements attributed to yourself
CONGRESSIONAL RECORD-APPENDIX
18710
and to Mr. Willkle were made for political purposes with intent to
mislead the country?
SEPTEMBER
hospitals railroads drydocks dams and ocean terminals
is why, with no thanks to Mr. Willikle or his current
party,
And
we have a stronger Nation more capable of quick and
also that President Roosevelt used emergency
mobilization than If your personal theories of defense had
I might tell you 50 military airports throughout this
But let us proceed Senator You said that the President
these funds, had built not one battleship nor could you
for
other naval construction financed from emergency funds
night on the high seas and at American naval basés are Yet
fleet of vessels constructed with emergency funds These
funds to build
more
were also used to construct naval aircraft
funds than
These
Nation to build hangars and production facilities all aeronautical over the coun- re-
carriers,
to the vital instrument of other
try. and provide serving so well at Langley Field, Va. and in
search now that have put American aviation out in front.
vessels guard our shores in a world gone mad. They protect
laboratories Senator I remember one single P. W. A. allot-
Let us
motorization
andthe
mechanization
ment
ofcontinue,
$10,000,000
to begin
laying the
foundations $10,000,000 allotment was made in December tremendous 1933-years
and my democratic right to debate here tonight They Alto
It possible for Mr Willikle to stage his "Me, too. but campaign
Let us name a few of the vessels that were built as part
P. W. A fleet Included are the Yorktown and the Enterprise
down in 1934 and launched in 1936 Each is 34-knot,
striking power of funds such helped to provide the Army with a network
men of the United States Navy, ready to go anywhere at any
same of 74,000 emergency miles of strategic highways, vital to industrial together and military with
the Philadelphia, the Savannah, and the Nashville In full
mission: 4 heavy destroyers the Porter, Selfridge MarDe
of Army. including armore vehicles, thus actually today.
our for the motorized army that we are building
This Panzer divisions showed the world the
before German equipment I might also tell you that the
ship capable of carrying 100 aircraft Each has 120,000-hones
turbines, driving quadruple screws, and each manned by
In this P. W. A fleet there are also 4 cruisers- Vince
mobilization and indispensable to a mechanized army. facilities
useful grade crossings, visducts and similar
bridges, airplanes for the Army and Navy. one single allot-
and Winslow: 16 fully armed, 1,500-ten destroyers; 4 rubmart
was provided and modernization by President of Roosevelt ordnance in the July improvement 1933 of President arsenals
2 gunboats; and 18 cruising cutters and patrol boats
In fact. Senator, this P. W. A. feet was the largest single
time addition ever made to the United States Navy From
and also the made possible the reconditioning and modernization of our
scuttling to Davey Jones' locker. Today, thanks to the New
ment In addition of proximately to $9,000,000 from P. W. A for emergency the manufac- funds
to Hoover, Republican administration sent American men-of-
ture renovation and preservation of ammunition. The
we have the biggest and finest peacetime fleet in our history
Despite this official record Senator you have charged
75-mm Don't guns they tell you these things, Senator? They report them in
"Roosevelt slept as Germany armed."
Apparently Senator, neither Mr. Willkie nor yourself has
heard that the first emergency funds made available to Prep
papers. But we must be getting along.
the said. Senator, that the President had "18,000,000,000 of blank That,
You which he could spend wholely at his own discretion and
D. Roosevelt after be became President were those in the
checks, probably the most barefaced distortion of them all,
Senator is Senator. you should have known better than to
one which as a full well that. with few exceptions, the Congress
make.
You know funds might be spent
dictated the purposes for which emergency under the National
As to the first P. W. A appropriation in 1933,
Industrial Recovery Act, the President relled upon a permissive sen-
N. I R A. Act. which became law on June 16. 1993. And on
very fact. simultaneously with the signing of this
Deal legislation the President issued an Executive Order
$238,000,000 for the construction of the naval vessels that
referred to Here. Senator, for your information is a photosta
that order.
tence and allotted funds for defense purposes This action was met and
storm of criticism, much of it by the same newspapers
by a who are now. as hindsighters assailing the President for
all
Senator, I have stuck to the text. Mr Wulkie national
and yourself
your
of
king's
horses
at
Republican
headquart
couldn't find that a penny of emergency funds had been
during the past 7 years for defense I have shown you the
doing politicians all that be could of what they now say he should have done
more of
billion dollars were spent directly on defense while the Wes
Willkies of the United States were fighting against all emerge
As result of this violent criticism. when another P. W. A. appropriation bill was before the Senate in 1935, an amendment, originally offered by Senator Borah. took away any possible discretion
the part of the President to make military or naval allotments
expenditures
on This is the distinguished body of which you are an energetic mem-
Senator, you have not merely missed the boat-you have
the whole fleet.
ber, Senator
The defense allotments that I am referring to were all made more
than 5 years ago. Didn't you know that, Senator? or course,
Why I Am for Roosevelt
It
happened before you got here. but the proceedings of the Senate are
closed book to you and you owe it to yourself to investigate
EXTENSION OF REMARKS
not the a record to avoid making a misstatement of fact. In relation to
total armament needs, of course a billion dollars may not now seem
like a large amount for defense. But when it is considered that the
OF
President allocated this total amount out of funds originally in-
HON. JOSEPH F. GUFFEY
tended principally for public works and work-relief projects, It is
an outstanding accomplishment 80from
much
so on.that the Senate saw
1935
ft
to
prevent
similar
OF PENNSYLVANIA
expenditures
As a matter of fact. Senator BRIDGES If you had been a stickler
IN THE SENATE OF THE UNITED STATES
$18,000,000,000 in blank checks which he could have spent for any
Thursday September 19 (legislative day of Wednesday
for the truth, instead of saying that the President had
September 18). 1940
purpose, you would have made it clear that, from 1985 on. Congress, by stipulation. amendment, and . pecific legislation. made
it illegal for him to use some eighteen billion dollars of emergency
funds for military purposes.
Five years ago your Mr. Willikie may have been so busy fighting
the Government development of electrical power that now serves
defense needs that be did not know what the President was doing
in the way of building up the Army and the Navy, but you, as
Senator, could have told him the facts You know because you
have voted on some of these matters. In fact. Senator, the
RECORD discloses that you and your partisan asso-
clates, who are now supporting Mr. Willkie, voted regularly for
laws and amendments to prevent, or reduce or curtail, or restrict
these emergency-funds appropriations Inasmuch as you have
STATEMENT BY HON JOSEPH F. GUFFEY, OF PENNSYLVA
Mr. GUFFEY Mr. President, I ask unanimous
have printed in the RxÇORD a statement recently issued
setting forth why I am for Roosevelt.
There being no objection the statement was ordered
printed in the RECORD as follows:
WHY I AM FOR ROOSEVELT
I am for Roosevelt because be sayed American democracy sare
fought against providing such funds in any form for the Prest-
internal destruction and is now leading the crusade to
money was not spent.
foreign aggression.
abroad. economic chaos ended in dictatorship
world found itself in its present plight, President Roosevelt's fore-
and carried forward by President Roosevelt. moved
one is bewildered that you should now complain that more
But let us proceed. Senator. As I have shown, long before the
sight provided funds for military airports such as Mitchel and
Randolph Fields: for engine-tooling: for arsenal tools, which today
are being worked at top speed: for civil aviation, which is a vital
corollary of military aviation: for naval shore works, such as bases,
shops, water-front developments, piera, dikes, bulkheads boilers,
machine shope, cranes, storehouses, shipyards, and docks; for Army
posta, National Guard armories and camps; for military and naval
hospitals; for rifle ranges and proving grounds; and other defense
purposes.
Senator, the fact is that, during the last 7 years, while President
Roosevelt has expended over $1,000,000,000 of emergency funds in
projects directly related to national defense, large additional sums
were expended for facilities pertaining to defense, such as veterans'
And
In saved nations from the same fate by the heroic measures
was
toward
As the European dictatorships progressively Roosevelt who
plete extinction of democracy it was President
warned us that we were in danger
merely
He saw. clearly. that the conflict abroad was revolutionary not and
between the haves and the have nots, but a philosophical
shaking clash of opposing political and social that fact.
While the rest of tis were refusing to believe preparing to man
didn't want to believe it. he was courageously modernizing our
challenge laying down new warships,
forces
economic
On the domestic front, be rescued us from the America today
and I doubt that there is any man anywhere in
0.1
280
Millions
FOR DEFENSE
FEDERAL WORKS AGENCY 1940
Millions
FOR DEFENSE
EMERGENCY EXPENDITURES FOR NATIONAL DEFENSE 1933-1940
FEDERAL WORKS AGENCY, WASHINGTON : 1940
Administrator's Foreword
The musket on the cabin wall was defense enough for Davy Crockett, Daniel
Boone, and other American pioneers. Defense in modern times has become more
complex. Machines and morale win today's victories. In mechanized warfare the
man with the musket is almost as far behind the times as the man with the crossbow.
Our national defense policies recognize the vital importance of having modern ma-
chines, trained men to operate them, and sound national morale. In a very real sense,
preparedness in a democracy does not stop with the Army and the Navy. It depends
upon the preservation of the skill and the spirit of its people. These do not thrive upon
hunger and enforced idleness. Against the forces at work in the world today only a strong.
united nation can successfully defend itself against cruel, mechanized aggression.
That is why, during the emergency work programs of the past 7 years, over one
billion dollars of emergency funds has been spent for projects directly related to national
defense. That is why additional billions of emergency funds have been spent to maintain skills and create highways, hospitals, power plants, and scores of other types of public
works of military and civil importance. And that is why we have a strong Nation todaya
Nation capable of mobilizing quickly and effectively behind an unprecedented program
of national defense.
*
JOHN M. CARMODY, Federal Works Administrator.
1
U NITE D STATES GOVERNMENT PRINTING OFFICE : 1940
Introduction
Over a billion dollars of emergency funds has been spent for direct national defense
purposes in the past 7 years. Additional billions of emergency funds have been spent
for roads, bridges, railroad electrification, streamlined trains, power plants, warehouses,
docks, and other facilities which are indispensable to total defense and will be invaluable
in furnishing energy for manufacturing defense materials, providing facilities for the
PWA funds, landing on airports constructed by WPA labor and on the decks of aircraft
carriers financed by emergency relief allocations. No other nation in the Western Hemisphere has a fleet as large as our "PWA Fleet" of aircraft carriers, cruisers, and destroyers
built since 1933 with emergency funds. Other ships are now coming out of navy yards
rehabilitated by emergency funds, and outfitted in new navy bases which have been
swift transport of men and supplies, and creating needed storage space.
modernized by these funds. Motorized elements of the Army's new "streamlined diviMore could have been spent to build up the strength of our armed forces, but when
the $4,880,000,000 Public Works Bill of 1935 was under consideration, an amendment
on the floor of the Senate took away the discretion vested in the President in respect
sions" ride in equipment financed by PWA funds, over modern highways and bridges
built as emergency relief projects. Ordnance factories have benefitted by new construction and new machinery financed by relief allocations. The Coast Guard has been
to these funds which had previously permitted him to allocate substantial sums for munisupplied with many new cutters and dozens of new planes, the National Guard strength-
tions, warships, and military and naval materiel from emergency funds made available
in 1933 and 1934. This ban made it impossible for the President to provide in 1935 alone
approximately $600,000,000 for defense purposes which the Army and Navy had requested,
thereby retarding defense preparation. Subsequent legislation in substance continued
this prohibition except for $15,000,000 of new money in 1938. Since 1935, therefore, the
President has been unable to allot emergency funds for such national defense purposes.
For many months now our Army and Navy pilots have beer flying planes built with
ened by the construction of new armories, camps, and facilities throughout the Nation.
This booklet shows only a few of the hundreds of ways in which our national defense
has been strengthened by emergency spending during the past 7 years. During these years
the strength of our armed forces has been further augmented by increasingly large appropriations to our War and Navy Departments. None of these Army and Navy projects, however, carried out with their own funds, is shown here. Illustrations are confined wholly to
projects and types constructed with funds appropriated to meet emergency and relief needs.
2
3
Army Aviation
More than 100 military planes of various types, complete with spare engines. parts,
and radio. as well as with the necessary armanent, were purchased by the Army Air
Corps out of a PWA allocation of $7,197,612. Training pursuit. and bombing types were
included. At the time of the grant this resulted in a substantial increase in the combat
air strength of the Army.
Armed wings against the sky today mean far more than a solitary observation flight.
or a formation of ships off to engage an enemy force. They form an important auxiliary
to almost every operation and may be employed for spotting artillery fire, protecting the
flanks of fast-moving mechanized columns, troop transportation. aerial photography.
various types of bombing operations, and numerous other special uses in addition to
observation. bombing. and fighting enemy planes. Our air force has been primarily
engaged in developing the best types of planes which can be employed in these
various missions, and creating a corps of trained fliers and other personnel technically
RS IN FLIGHT
pable of carrying them out satisfactorily. The PWA assistance, coming as it did in a
ried of air corps expansion. was especially useful to help in pilot training. and to assist
ypc constructed from Public Works Administration funds,
the development of new types of military aircraft.
5
Military Airports
Both the number of Army and Navy airports and their capacity in planes have been
enlarged as the result of many construction programs undertaken with emergency funds.
WPA alone worked on more than 50 military airports throughout the Nation. At McChord
Field. a typical WPA project prepared the landing area, paved and asphalted 110,000
square yards of runways, and built warming aprons, streets, electric and heating systems,
and did other work. Many fields have been built or improved for the Navy, and at
Sand Point, near Seattle, WPA labor erected nearly all of the existing 35 buildings.
including 5 hangars, an administration building, a new south wing to the barracks, and
new officers' quarters. PWA operations at Corry Field, near Pensacola, Fla., have created
major facilities for primary training. fighter plane, and glider training. Four hangars for
AN ARMY AIRPORT IN CALIFORNIA
land planes, barracks, administration buildings, roads and runways, and other incidental
buildings and equipment were constructed by the expenditure of over one million dollars.
The cumulative expenditure of Federal emergency funds for military airports has
exceeded $22,000,000. in addition to substantial contributions by sponsors. The Public
Works Administration has also allotted $1,910,000 to the Quartermaster Corps to purchase
Hamilton Field, where Public Works Administration funds built hangars, barracks, officers' quarters,
administration and other buildings.
6
End for air depots and bases.
7
From PWA grants of $7,496,923 for naval aeronautics, 130 new planes have been
built for the Navy. These have added materially to our naval and air power. M the
time of the PWA grant the planes so purchased amounted to about one-fifth of the total
first-line combat planes of the Navy. From the same funds the Nave purchased new
instruments, radio equipment, engine improvements. and handling devices at naval
airports, and made structural improvements to existing aircraft already in service.
The planes are of different types, ranging from little bulletlike fighters to the
majestic flying-boat patrols. Fighting planes are single seaters, usually based on carriers, and are armed with machine guns and often with light bombs. Their primary
mission is to engage and knock down hostile aircraft: such operations are usually accomplished by combat in well-disciplined tactical formations. The patrol squadron. operating
twin-engined ships capable of speeds approaching 200 miles an hour while carrying
bomb loads up to 3 tons, constitute a striking force unequaled in any other fleet. These
NAVAL PLANE ON PATROL DUTY
and many other types of planes help give the Navy the world's strongest naval air force.
PWA assistance and WPA improvements to shore bases not only added to the
Typical long-range putrol bomber of the type constructed by Public Works Administration allocations
to the Navy. PWA funds helped provide many different types of planes.
basic power of the naval air force, but facilitated the naval pilot-training program so
vital to the enlarged Navy.
8
9
Aircraft Carriers
The aircraft carrier frees the naval plane from its bases ashore and permits it to
operate as an integral part of the fleet wherever it goes. Two large modern aircraft
carriers were built by the Navy from funds advanced by the Public Works Administration.
They are the latest type of carrier in commission. These floating airports, the Yorktown
and the Enterprise, were laid down in the summer of 1934. launched in April and October
of 1936, and commissioned shortly afterward. Fast, long-range ships, each are able to
stow and handle 100 aircraft. They cost $19,000,000 apiece without armament. The
standard tonnage of the two ships is 19,900, and their over-all length is 809 feet 6 inches.
AIRCRAFT CARRIER ENTERPRISE
Each powered with turbines totaling 120,000 horsepower, with quadruple screws, they are
capable of rated speeds of 34 knots. Their main batteries are composed of eight 5-inch
guns, and sixteen 1.1-inch anti-aircraft guns. They carry crews of 1,788 men.
Aircraft carriers are primarily used as bases for the units assigned to them. They
are not heavily armored, relying for their defense upon other fleet elements, their speed,
and the inherent protection afforded by the planes carried. Because of our peculiar
defense requirements our Navy has pioneered in the development of aircraft carriers and
the design of special types of high-speed, carrier-based planes: fighters, scout and dive
One of two carriers constructed by the Navy from PWA funds. It carries 100 planes and has been in
service with the fleet since 1938.
10
bumbers, and the heavier torpedo planes.
11
Aeronautical Research
*
Few modern machines are as precisely designed. built. and operated as the airplane.
The difference of a few miles an hour in speed spells life or death in aerial combat: the
difference of a few miles more or less in cruising radius determines whether or not a
particular plane design will meet the strict requirements of military service: the
steadiness and maneuverability of a plane will determine whether it can be landed safely
on an aircraft carrier or hold its own in an aerial dog fight. For these reasons millions of
dollars are being spent in our rapidly expanding aeronautical research program, and the
main laboratory for all military as well as civil aviation is that of the National Advisory
Committee for Aeronautics at Langley Field, Va.
The NACA conducts basic aeronautical research and tests all types of new planes
and new designs. Several of its laboratory buildings have been built by PWA funds.
The basic wind tunnel for testing models and full-scale parts at speeds up to 500 miles an
hour: the free-spinning wind tunnel which determines the control characteristics which
enable planes to get out of spins: the high-speed wind tunnel which produces velocities
WIND TUNNELS FOR AERONAUTICAL RESEARCH
equal to the speed of sound-these are some of the essential equipment for modern
a
One of series of buildings constructed with emergency funds by the National Advisory Committee for
Aeronautics in the interests of improved types of military aircraft.
ronautical research produced with PWA funds.
12
13
LA GUARDIA FIELD, NEW YORK CITY
New York's metropolitan air terminal, constructed almost wholly by WPA, is one of hundreds of airports
constructed or improved with emergency funds.
14
Civil Aviation
Most of the important strides in airport design and construction have been made
with Federal aid. The PWA has financed the construction of nearly five million dollars
worth of hangars-over 50 buildings. The WPA has built or improved 9 out of 10 airports
where the airlines stop, and worked on hundreds of smaller airports and landing fields.
Civil aviation is vitally connected with national defense. As commercial and
private flying increases, the plane-producing capacity of the Nation expands, the facilities
for landing and servicing aircraft increase, and the number of pilots increases. All of
these results are invaluable to military aviation. Many civil airports have been specially
designated as having military significance and their design has been altered to meet
military requirements.
Civil aviation would have been seriously handicapped without the substantial Federal
assistance of the last few years. In 1933, airports were falling into disuse all over the
country. Very few airports had paved runways, adequate drainage systems, or the neces-
sary lighting equipment for night operations. Today, all this is changed. Over 300 miles
of first-class runway have been laid by WPA projects, enough to reach from Washington,
D.C., to Hartford, Conn. More than 10,000 landing and boundary lights have been
installed, and hundreds of new airport buildings erected.
15
Naval Construction
The "PWA Fleet" is the second largest in the Western Hemisphere, exceeded
only by the U. S. Navy itself! In 1933, the Public Works Administration allocated
$238,000,000 to the Navy for the construction of naval vessels. From this fund the
Navy built: 2 aircraft carriers, 4 cruisers, 4 heavy destroyers (1,850 tons), 16 destroyers
(1,500 tons). 4 submarines (1,310 tons), 2 gunboats (2,000 tons).
Together with the Navy aircraft obtained with PWA assistance this makes a very
strong naval force that would do credit to any but the principal naval powers. The total
personnel of the "Fleet" would exceed 10,000 men.
CRUISER VINCENNES UNDER WAY
The cruisers Vincennes, Philadelphia, Savannah, and Nashville were all ordered
in 1933 and commissioned in 1937 and 1938. The Vincennes is a heavy cruiser with a
standard tonnage of 9,400 and an over-all length of 588 feet. It is equipped with eight
5-inch anti-aircraft batteries, four planes and two catapults, and carries a crew of 551
men. Its main armament is nine 8-inch guns. The other three ships are squaresterned light cruisers with a standard tonnage of 10,000 and over-all lengths of 614 feet.
They also are equipped with eight 5-inch anti-aircraft batteries, carry four planes, and
crews of 868 men. Their main armament is fifteen 6-inch guns. All these cruisers
Oneserving
of four with
cruisers
constructed by the Navy with funds advanced by the Public Works Administration
now
the fleet.
have a long cruising radius and a rated speed of 32 knots or better.
16
17
357
III
DESTROYER SELFRIDGE
One of twenty destroyers built with PWA funds. The Selfridge assisted in the evacuation of Americans
from Europe at the outbreak of the war.
18
Destroyers and Submarines
The twenty destroyers of the "PWA Fleet" are of two classes. Four, the Porter,
Selfridge, McDougal, and Winslow, are squadron leaders, commissioned in 1936 and 1937.
They have a speed in excess of 35 knots, and are armed with eight 5-inch guns, four 1.57-
inch anti-aircraft batteries, and eight 21-inch torpedo tubes. They have quarters available
for 210 officers and men and are among the heaviest destroyers in the Navy. The remaining sixteen destroyers comprise one of the Navy's largest groups of new destroyers.
Some ships in this class have bettered 40 knots. They are all armed with twelve 21-inch
torpedo tubes, quadrupled, five 5-inch guns, and anti-aircraft batteries.
The submarines constructed are equipped with six 21-inch torpedo tubes, guns,
mines, and crews of 50 men each. Their surface displacement is a little over 1,300 tons
and their over-all length about 300 feet.
The two gunboats, the Charleston and Erie, are now serving in Central American
waters. At the time of their construction they were the largest gunboats permitted by
the naval treaties and were the model for the heaviest type of new Coast Guard cutters
mentioned on page 41 of this pamphlet. The gunboats are armed with four 6-inch guns,
ten small anti-aircraft guns, and carry crews of 201 men.
19
Naval Bases
The Navy Department, in 1937. issued two complete and well-illustrated bulletins,
Nos. 38 and 39, in its series "Public Works of the Navy," in which the Bureau of Yards
and Docks describes the operations undertaken with the assistance of the Work Projects
Administration and the Public Works Administration. These works, ranging from Pearl
Harbor, Hawaii, to Portsmouth, N. H., cover almost every type of shore works from the
construction of docks and wharves to the erection of quarters, shops, and miscellaneous
buildings. Subsequent to the work reported in 1937. other emergency funds and assistance have been made available to the Navy for the improvement of navy yards and bases.
With the PWA allocations totaling $61,821,876. the Navy undertook heavy perma-
NORFOLK NAVY YARD
nent construction. WPA projects were employed for lighter, more miscellaneous assignments requiring large amounts of labor. In many cases both types of work were carefully
allotted their share in planned construction programs. The types of projects carried out
with PWA funds included hangars and air stations, recreation buildings, industrial and
shop buildings, waterfront developments piers, dikes, bulkheads and causeways, electrical
distribution systems including switchboards, boilers, compressors, machine shops, gas
Much emergency relief money has been spent by the Navy to enlarge and modernize its shore bases and
navy yards. This pier is typical project.
20
plants, cranes, timber shipways, transmitter buildings, storehouses, and similar structures.
21
Shipyards and Docks
Constant improvements to navy yards, docks, and bases are necessary to keep our
fleet and its armament in first-class operating condition. In addition to the large amounts
of construction previously described. PWA funds were used by the Navy to rehabilitate
and improve its construction facilities, and to provide machine tools and shop equipment
at navy yards, air stations, and on naval vessels. In this way, with the aid of emergency
SHIPBUILDING WAYS
funds, the shore establishment is keeping pace with the growing Navy. Apart from the
sums allocated for construction, an additional sum of $2,402,318 was allocated to the Navy
for machine tools and shop equipment.
Such improvement to naval facilities was essential not only to routine operations
but to accommodate the increased naval construction program that resulted from the
decision to build the Navy up to existing treaty limitations. The existence of such faciliExtension of the crane structure over the shipbuilding ways was carried out with emergency relief
funds in 1938. Both PWA and WPA furnished assistance in such work.
ties is obviously of continued value in a period of further naval expansion.
22
23
Naval Facilities
Sailors, as well as their ships, require shore accommodations and facilities, Barracks, mess halls, hospitals, and many other types of construction are necessary for the
training and maintenance of the Navy's shore forces. In addition, highways and other
transportation facilities must be provided and arrangements made for the proper care of
equipment and personnel.
The variety of projects executed by the Navy with Work Projects Administration
funds and personnel have included road improvements, railway extensions, signal stations,
storehouses, gatehouses, administration buildings, paving. powerhouses, paint, sheet
TURRET SHOP, PHILADELPHIA NAVY YARD
metal, pipe and other types of shops, bakeries, laundries, dispensaries, rifle, pistol, and
target ranges, mess halls, hangars, piers and pier sheds, boathouses, athletic fields and
recreational buildings, drill halls, new roofing. boilerhouses, breakwaters, sewagedisposal plants, firehouses, improved shipways, heating tunnels, ammunition buildings,
and other essential works.
These diverse activities suggest not only the magnitude of the work performed
nder the emergency work programs, but the variety of operations necessary to maintain
24
.
In this structure. built with emergency funds, armored turrets for warships are made and installed.
large modern Navy. its ships. its equipment, and its personnel.
25
Army Posts
ID
Basic and long-needed improvements to Army posts were made from the allocation
of $129,935,862 to the Quartermaster General from the Public Works Administration
In addition, many hundreds of WPA projects on military reservations and Army posts
were set up by State WPA administrators. With aid from these sources a great program
has been carried through to improve the buildings, equipment, roads, and grounds of
Army posts throughout the country.
In this way the equivalent of 1 man in every 8 enlisted men was given new
ONE SOLDIER IN EVERY EIGHT HAS BEEN NEWLY HOUSED
quarters, more than 21,000 men having been housed in new barracks. Officers' quarters
for 333 families were built. Quarters have been provided for 660 noncommissioned
officers. These improvements have been limited almost entirely to the 32 Army posts
recognized as permanent.
A typical project under this program was the improvement of the Aberdeen Proving
Grounds, Md. Much new housing was constructed to take the place of temporary wooden
buildings erected in 1917 and 1918. New barracks were erected. With the assistance of
WPA extensive improvements were made to grounds, roads, and facilities. PWA funds
New barracks constructed by PWA funds accommodate 21,696 enlisted men. Many new quarters
for noncommissioned officers, like the ones at Aberdeen Proving Grounds, shown here. have been built.
26
built a new officers' school and adjacent quarters.
27
Hospital Construction
III
Both Army and Navy hospitals have been built with PWA funds. Out of the allocation to the Quartermaster General, new hospitals have been built with a capacity of 717
beds, and quarters have been provided for 72 nurses.
An example of this type of work was the Army hospital at Fort Sam Houston, Tex.
This hospital serves not only Fort Sam Houston but Kelley Field, Duncan Field, Brooks
Field, Randolph Field, Camp Normoyle, Headquarters of the 8th Corps Area and some
ARMY HOSPITAL BUILT WITH PWA FUNDS
outlying sections along the Texas border. Prior to the PWA allotment of $1,933,468 for
a new hospital, the existing hospital consisted of makeshift and temporary buildings,
flimsy in character and dilapidated through age and hard use, many of them hurriedly
thrown up during the Mexican border disturbances in 1914-1916. These wooden structures, with pasteboard partitions and oiled floors were extremely hazardous, especially
considering the large number of crippled cases in this area. The new hospital is a model
of modern construction. and will meet the needs of the enormous concentration of military
A new two million dollar hospital at Fort Sam Houston to serve the important aviation training centers in
the 8th Corps Area, constructed with PWA funds.
28
aviation in this area.
29
Army Machine Shop Facilities
Very little money had been available in the period following the World War for the
fundamental improvement of our manufacturing arsenals, which are vital experimental
laboratories and sources of munitions, Most of the arsenals and proving grounds were
maintained as inexpensively as possible on a stand-by basis. Ammunition and guns
were stored away in sheds, But the science of war and the materials of war were not
standing still. They marched on, and in the light of this progress it appeared that much
of our stored materiel and arms-producing machinery had become obsolete.
At this point $8,768,450 was allocated to the Army by the Public Works Administration for the manufacture, renovation, and preservation of ammunition, and the moderniza-
tion of ordnance and the improvement of arsenals. With these funds the Army was able
to make basic improvements in the equipment of its arsenals and ordnance-production
facilities, replacing old and worn-out machinery with new equipment, and introducing
improved work methods based on the new equipment provided. The use of new machinery in the manufacture of munitions often broke new ground and made important
TOOLING UP FOR NATIONAL DEFENSE
contributions to industrial technique. Thus, at the Rock Island Arsenal the handpolishing of piston rods used in connection with recoil cylinders was supplanted in 1936
One of the many machine tools essential to making modern weapons which PWA funds purchased
by a successful mechanical process, a method since widely adopted in private industry.
30
31
Reconditioning of Ordnance
COOC
0000
0000
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cocco
The famous French 75's which composed the principal field artillery of the World
War are still unsurpassed as general-purpose artillery for our Army. Thousands of these
guns have been in storage at our arsenals and proving grounds for the last 20 years.
To use them in modern warfare, however, the guns themselves must be reconditioned
and equipped with modern high-speed carriages and pneumatic tires. Without these
essential changes they are as modern as a substantial colonial house without plumbing.
RENOVATED 155 MILLIMETER SHELLS
electricity, and central heat.
PWA grants to Army ordnance have been used in this modernization program,
IS well as for the renovation of stored ammunition and the modernization of other types
Stored ammunition in Arms arsenals was renovated and in some cases replaced with PWA assistance
of ordnance.
32
33
Army Motorization
Ten million dollars of PWA allocations has been used for the motorization and
mechanization of our Army. These funds were used to purchase passenger and reconnaissance cars, motorcycles, light and medium cargo trucks, tractors, trailers, special
signal and engineer facilities, scout cars, and similar equipment. This was the first
extensive Army motorization program and it laid the foundation for the fast-moving,
hard-hitting motorized divisions of our Army today.
The first steps were to motorize the traditionally mobile units, including certain
cavalry and field artillery units and supply trains. Newly powered by gasoline, charac-
,
teristics of high mobility, fire-power, and shock. plus armored protection of these units
have been enhanced. Provision was also made for reconnaissance units, for truck
transportation of infantry, for command cars, and similar items. This piece-by-piece
HE NEW MOTORIZED ARMY
experimental motorization program has been extended in the Army reorganization to
embrace the idea of the completely independent mechanized force of tanks, motorized
infantry, artillery, and sometimes aviation. similar to the famous German Panzer divihe mobility and striking power of the Army were increased by hundreds of trucks, command care
otorcycles. and other equipment purchased with funds advanced by the PWA.
34
ions which in recent months proved to have tremendous striking power.
35
Public Roads
*
American roads are vital to industrial mobilization. They are also indispensable to
a more completely mechanized Army. For this reason the Army has established a network of 74,000 miles of strategic highways. This network was worked out with highway
officials, and nearly all of the interregional network of the Public Roads Administration is
included in the strategic national defense system.
The creation of our national highway system, virtually the work of the last 20
years, has been achieved in too short a time to eliminate completely every section of
horse-and-buggy highway and every bridge incapable of carrying modern tanks and heavy
military loads. There are still minor bottlenecks of this sort, but these are being rapidly
eliminated. Highway construction madenecessary by defense needswillexpeditethiswork
The major part of the billion dollars of emergency funds spent by the Public Roads
Administration has been spent for improvements within the strategic network, and much
PUBLIC ROADS FOR MECHANIZED DEFENSE
of the highway work accomplished by WPA projects has resulted in improvements of
great military significance. In addition to main highway improvements, secondary roads
have been improved, and many metropolitan traffic bottlenecks have been eliminated.
The highway system, taken as a whole from the standpoint of defense, is years in advance
Emergency funds have been extensively used to improve the roads and bridges of the 74,000-mile
network of strategic highways of military importance in the United States.
of the point it would have normally reached without the aid of emergency funds.
36
37
Bridges and Underpasses
Because the design of military equipment has been coordinated with highway
requirements for wheel loads and axle spacings, all of our modern highways naturally
are well suited to military loads. Our modern bridges, likewise, are easily able to bear
military loads which in most cases are less than the heaviest commercial trucks now
using the highways. Almost every new highway bridge and railway grade-crossing
separation is suited to any military need it may be called upon to meet. The volume of
such work that has been done in the last 7 years with emergency funds is enormous.
The billion dollars of emergency funds used for roads and highways produced about 3,000
grade-crossing separations and literally scores of major bridges. WPA projects con-
TRIBOROUGH BRIDGE, NEW YORK
structed or reconditioned more than 15,000 bridges of steel or masonry construction. As
our highway engineers and military authorities examine the national highway system and
find that some of our old bridges are the weakest link, it is worth reflecting on the situation
as it would have been without the extensive work already accomplished with the aid of
Emergency funds built this and hundreds of other bridges of strategic importance in moving men and
supplies for mobilization and industrial preparedness.
38
emergency funds.
39
Coast Guard
The Coast Guard was enabled to construct a flotilla of new cutters and patrol boats
from the $27,439,627 allocated from PWA funds. The work included building 18 cruising
cutters, varying from 110 to 327 feet in length, and 9 patrol boats 165 feet in length.
Twenty-eight patrol planes of various types were also procured from these funds.
In time of war or national emergency. the Coast Guard becomes part of the Navy.
Its larger cutters are built to the exact model of our Navy's gunboats, and are useful for
COAST GUARD IN ACTION
patrol, policing. and work in close waters, as well as the rescue and patrol duties usually
assigned to them. The Coast Guard's fast picket boats and smaller craft are speedy
auxiliaries and can be readily converted for duty under naval orders in wartime.
In addition to the veritable fleet of Coast Guard vessels and airplanes, millions of
dollars of PWA and WPA funds have been spent to strengthen and improve Coast Guard
bases and shore facilities along our coasts, and to enlarge the famous Coast Guard Acadby In time the of war the Coast Guard becomes part of the Navy. Cutters, patrol boats, and planes purchased
Coast Guard with emergency funds are readily convertible for naval uses.
emy at New London, Conn.
40
41
National Guard Armories
National Guard armories have been constructed and extensively improved through
assistance from emergency funds, In some States, such as Pennsylvania and Oklahoma,
State-wide programs have almost completely rehoused activities of the Guard. PWA
has financed the construction of 13 new armories in cities throughout the country, and
has aided in extending and improving 10 others. Over two hundred new armories have
been constructed by WPA and hundreds more improved and enlarged
These armories are. of course. the drill halls and training quarters for the various
State National Guard units, bet they are also buildings which are used by the entire
community for a great variety of purposes. A typical armory in one of the smaller towns is
at Ligonier. Pa.. the headquarters of Company F. 103d Medical Regiment of the Pennsylvania National Guard. The brick building includes a drill hall, quartermaster's supply
room. troop room. orderly room. officers' rooms. and garage. An armory characteristic
of larger cities is at Minneapolis. Minn. The new armory provides quarters for 16
NEW NATIONAL GUARD ARMORIES
ettley infantry, and naval units of the National Guard and Naval Militia.
The new armories erected and enlarged by emergency funds are the centers of the
Hundreds of National Guard armories have been built or improved by WPA and PWA efforts
larged National Guard enlistment and training programs now in progress.
42
43
National Guard Camps
In addition to the construction of armories, much emergency money has been spent
by the National Guard to improve camps and rifle ranges. PWA allocated the sum of
$2,227,157 for camps and camp improvements at 62 locations. The largest part of the
$38,000,000 worth of WPA projects for National Guard work has gone into camp improve-
MODERN CAMPS FOR THE NATIONAL GUARD
ments. In consequence new roads, water and sewer systems, electrical-distribution
systems, tent floors, kitchens, warehouses, drill fields, rifle ranges, bathhouses and
latrines, and many other improvements have been made to National Guard camps
throughout the Nation. Whether in summer camp or in their armories, the National
Guard is now operating under vastly improved conditions which result in more efficient
Both PWA and WPA have completed millions of dollars worth of improvements to National Guard camps,
including the construction of buildings. reads, and sanitary facilities.
44
raining and improved morale.
45
Photographs From:
PAGE
PAGE
4 Army Air Corps.
26 Public Works Administration Architectural Survey.
6 Public Works Administration Architectural Survey.
28 Public Works Administration, Architectural Survey.
8 Navy Department, Bureau of Acronautics
30 War Department Ordnance Corps.
10 Navy Department.
12 National Advisory Committee for Aeronautics
14 American Airlines
16 Wide World Photos,
is Navy Department
32 War Department Ordnance Corps.
34 War Department. Signal Corps.
36 War Department, Signal Corps.
38 Wide World Photos
40 U. S. Coast Guard.
20 Navy Department Bareau of Yards and Docks
42 Public Works Administration Architectural Survey.
22 Navy Department, Bareau of Yords and Docks
44 War Department. Signal Corps.
24 Navy Department Boreas of Yards and Decks
The photograph on the title page is from Wide World Photos
46
281
[PUBLIC-No. 703-76TH CONGRESS
[CHAPTER 508-3D SESSION
[H. R. 9850]
AN ACT
To expedite the strengthening of the national defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) in order
to expedite the building up of the national defense, the Secretary of
War is authorized, out of the moneys appropriated for the War
Department for national-defense purposes for the fiscal year ending
June 30, 1941, with or without advertising, (1) to provide for the
necessary construction, rehabilitation, conversion, and installation at
military posts, depots, stations, or other localities, of plants, buildings, facilities, utilities, and appartenances thereto (including Government-owned facilities at privately owned plants and the expansion
of such plants, and the acquisition of such land, and the purchase or
lease of such structures, as may be necessary), for the development,
manufacture, maintenance, and storage of military equipment, munitions, and supplies, and for shelter: (2) to provide for the development. purchase, manufacture, shipment, maintenance, and storage of
military equipment, munitions, and supplies, and for shelter, at such
places and under such conditions as he may deem necessary; and (3)
to enter into such contracts (including contracts for educational
orders, and for the exchange of deteriorated. unserviceable, obsolescent. or surplus military equipment, munitions, and supplies for other
military equipment, munitions, 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: Provided. That the limitations contained in sections 1136 and
3734 of the Revised Statutes, as amended. and any statutory limitation
with respect to the cost of any individual project of construction,
shall be suspended until and including June 30, 1942, with respect
to any construction authorized by this Act: Provided further, That
no contract entered into pursuant to the provisions of this section
which would otherwise be subject to the provisions of the Act
entitled "An Act to provide conditions for the purchase of supplies
and the making of contracts by the United States, and for other
purposes", approved June 30, 1936 (49 Stat. 2036; U. S. C., Supp. V.
title 41, secs. 35-45), shall be exempt from the provisions of such
Act solely because of being entered into without advertising pursuant
to the provisions of this section: Provided further, That the costplus-a-percentage-of-cost system of contracting shall not be used
under this section; but this proviso shall not be construed to prohibit the use of the cost-plus-a-fixed-fee form of contract when such
use is deemed necessary by the Secretary of War.
(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
as
3
(PUB. 703.)
2
(Pus. 700.1
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 (47 Stat. 412).
(c) Whenever, prior to July 1, 1942, the Secretary of War deems
it necessary in the interest of the national defense, he is authorized,
from appropriations available therefor, to advance payments to con-
tractors for supplies or construction for the War Department in
amounts not exceeding 30 per centum of the contract price of such
supplies or construction. Such advances shall be made upon such
terms and conditions and with such adequate security as the Secretary of War shall prescribe.
SEC. 2 (a) During the fiscal year 1941, all existing limitations with
respect to the number of flying cadets in the Army Air Corps, and
with respect to the number and rank of Reserve Air Corps officers
who may be ordered to extended active duty with the Air Corps,
shall be suspended.
(b) The President may, during the fiscal year 1941, assign officers
and enlisted men to the various branches of the Army in such numbers as he considers necessary, irrespective of the limitations on the
strength of any particular branch of the Army set forth in the
National Defense Act of June 3, 1916, as amended: Provided. That no
Negro, because of race, shall be excluded from enlistment in the Army
for service with colored military units now organized or to be organized for such service.
SEC. 3. All existing limitations with respect to the number of
serviceable airplanes, airships, and free and captive balloons that
may be equipped and maintained shall be suspended during the fiscal
year 1941.
SEC. 4. (a) The Secretary of War is further authorized to employ
such additional personnel at the seat of government and elsewhere,
and to provide for such printing and binding, communication service,
supplies, and travel expenses, as he may deem necessary to carry out
the purposes of this Act: Provided, That until December 31, 1941,
the Secretary of War may, if he finds it to be necessary for nationaldefense purposes, authorize the employment of supervising or construction engineers without regard to the requirements of civil-service
laws, rules, or regulations: Provided further, That notwithstanding
the provisions of section 6 of the Act of August 24, 1912 (37 Stat.
555: U. S. C. title 5, sec. 652), the Secretary of War may remove
from the classified civil service of the United States any employee of
the Military Establishment forthwith upon a finding that such person
has been guilty of conduct inimical to the public interest in the
defense program of the United States and upon the giving of notice
to such person of such charges: And provided further, That within
thirty days after such removal such person shall have an opportunity
personally to answer such charges in writing and to submit affidavits
in support of such answer
(b) Notwithstanding the provisions of any other law, the regular
working hours of laborers and mechanics employed by the War
Department, who are engaged in the manufacture or production of
military equipment, munitions, or supplies shall be eight hours per
day or forty hours per week during the period of any national
emergency declared by the President to exist: Provided, That under
such regulations as the Secretary of War may prescribe, such hours
may be exceeded, but compensation for employment in excess of forty
hours in any workweek, computed at a rate not less than one and
one-half times the regular rate, shall be paid to such laborers and
mechanics.
SEC. 5. The President is authorized, with or without advertising,
through the appropriate agencies of the Government (1) to provide
for emergencies affecting the national security and defense and for
each and every purpose connected therewith, including all of the
objects and purposes specified under any appropriation available or
to be made available to the War Department for the fiscal years 1940
and 1941; (2) to provide for the furnishing of Government-owned
facilities at privately owned plants; (3) to provide for the procurement and training of civilian personnel necessary in connection with
the protection of critical and essential items of equipment and mate-
rial and the use or operation thereof; and (4) to provide for the
procurement of strategic and critical materials in accordance with the
Act of June 7, 1939. but the aggregate amount to be used by the
President for all such purposes shall not exceed $66,000,000. The
President is further authorized, through such agencies, to enter into
contracts for such purposes in an aggregate amount not exceeding
$66,000,000. An account shall be kept of all expenditures made or
authorized under this section, and a report thereon shall be submitted
to the Congress at the beginning of each session subsequent to the
third session of the Seventy-sixth Congress: Provided, That no contract entered into pursuant to the provisions of this section which
would otherwise be subject to the provisions of the Act entitled "An
Act to provide conditions for the purchase of supplies and the making
of contracts by the United States, and for other purposes", approved
June 30, 1936 (49 Stat. 2036; U. S. C., Supp. V. title 41, secs. 35-45),
shall be exempt from the provisions of such Act solely because of
being entered into without advertising pursuant to the provisions of
this section.
SEC. 6. Whenever the President determines that it is necessary
in the interest of national defense to prohibit or curtail the exportation of any military equipment or munitions, or component parts
thereof, or machinery, tools, or material, or supplies necessary for
the manufacture, servicing, or operation thereof, he may by proclamation prohibit or curtail such exportation, except under such rules
and regulations as he shall prescribe. Any such proclamation shall
describe the articles or materials included in the prohibition or curtailment contained therein. In case of the violation of any provision
of any proclamation, or of any rule or regulation, issued hereunder,
such violator or violators, upon conviction, shall be punished by a
fine of not more than $10,000. or by imprisonment for not more than
two years, or by both such fine and imprisonment. The authority
granted in this section shall terminate June 30, 1942, unless the
Congress shall otherwise provide.
Approved, July 2, 1940, 10:55 a. m., E. S. T.
all
UKA
-
282
[PUBLIC-No. 829-76TH CONGRESS]
[CHAPTER 836-3D SESSION]
[H. R. 10339]
AN ACT
To authorize the use President of the United to requisition States, and certain for other articles purposes. and materials for the
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That whenever the
President determines that it is necessary in the interest of national
defense to requisition and take over for the use or operation by the
United States or in its interest any military or naval equipment or
munitions, or component parts thereof, or machinery, tools, or materials, or supplies necessary for the manufacture, servicing, or operation thereof, ordered, manufactured, procured, or possessed for export
purposes, the exportation of which has been denied in accordance with
the provisions of section 6 of the Act approved July 2, 1940 (Public,
Numbered 703, Seventy-sixth Congress), he is hereby authorized and
empowered to requisition and take over for the said use or operation
by the United States, or in its interest, any of the foregoing articles
or materials, and to sell or otherwise dispose of any such articles or
materials, or any portion thereof, to a person or a corporation of the
United States whenever he shall determine such action to be in the
public interest. Any moneys received by the United States as the
proceeds of any such sale or other disposition of any such articles or
materials or any portion thereof shall be deposited to the credit of
that appropriation out of which was paid the cost to the Government
of the property thus sold or disposed of, and the same shall immediately become available for the purposes named in the original appropriation Provided, however, That nothing in this section shall modify
or repeal section 14 of Public Law Numbered 671, 76th Congress,
approved June 28, 1940.
SEC. 2. Whenever the President shall requisition and take over any
article or material pursuant to the provisions of this Act, the owner
thereof shall be paid as compensation therefor such sum as the President shall determine to be fair and just. If any such owner is unwilling to accept, as full and complete compensation for such article or
material, the sum so determined by the President, such owner shall be
paid 50 per centum of the sum so determined by the President and
shall be entitled to sue the United States for such additional sum as.
when added to the sum already received by such owner, such owner
may consider fair and just compensation for such article or material,
in the manner provided by sections 41 (20) and 250. title 28. of the
Code of Laws of the United States of America: Provided. That recovery shall be confined to the fair market value of such article or material, without any allowance for prospective profits, punitive or other
damages.
SEC. 3. The authority granted in this Act shall terminate June 30,
1942, unless the Congress shall otherwise provide.
Approved, October 10, 1940.
D-2
283
0
0
EXECUTIVE ORDER
Y
PROVIDING FOR THE ADMINISTRATION OF THE
ACT ENTITLED SAN ACT TO AUTHORIZE THE
PRESIDENT TO REQUISITION CERTAIN
ARTICLES AND MATERIALS FOR THE
USE OF THE UNITED STATES, AND
FOR OTHER PURPOSES".
Under and by virtue of the authority vested in me by the act
of Congress entitled "AN ACT To authorise the President to requi-
sition certain articles and materials for the use of the United
States, and for other purposes". approved October 10. 1940, and as
President of the United States, it is hereby ordered as follows:
(1) The Secretary of War and the Secretary of the Havy, acting jointly through the Army and Navy Munitions Board, shall make
determination as to the necessity of requisitioning and taking over
in the interest of national defense for the use or operation by the
United States or in its interest any military or naval equipment or
munitions, or component parts thereof, or machinery, tools, or
materials, or supplies necessary for the manufacture, servicing,
or operation thereof, within the purview of the said act of October 10, 1940.
(2) The provisions of the said act of October 10, 1940, re-
lating to the sale or other disposition of any articles or materials requisitioned and taken over pursuant to the said act and to
the determination whether the sale or disposition of any such
articles or materials is in the public interest shall be administered
284
-2-
by the Secretary of War and the Secretary of the Havy acting
jointly through the Army and Havy Munitions Board.
(3) The provisions of the said act of October 10, 1940,
other than those mentioned in paragraphs (1) and (2) hereof shall
be administered by the Administrator of Export Control under reg-
ulations to be prescribed from time to time by the President in
the interest of national defense.
FRANKLIN D. ROOSEVELT
THE WHITE HOUSE,
October 15, 1940.
D-2
285
REGULATIONS GOVERNING THE REQUISITIONING AND
TAKING OVER FOR THE USE OR OPERATION BY THE
UNITED STATES OR IN ITS INTEREST OF CERTAIN
ARTICLES AND MATERIALS ISSUED PURSUANT TO
THE PROVISIONS or THE ACT OF CONGRESS
APPROVED OCTOBER 10. 1940
Purcuant to the authority vested in me by the provisions of
the Act of Congress entitled "AN ACT To authorise the President to
requisition certain articles and materials for the use of the
United States and for other purposes", approved October 10, 1940,
and as President of the United States, I hereby prescribe the fellowing regulations to govern the requisitioning and taking over for
the use or operation by the United States or in its interest, of
articles and materials ordered, manufactured, procured, or possessed
for export purposes, the exportation of which has been denied in
accordance with the provisions of section 6 of the Act of Congress,
approved July 2, 1940 (Public, No. 703, 76th Congress):
1. When the Secretary of War and the Secretary of the Navy,
acting Jointly through the Army and Havy Munitions Board, notify
the Administrator of Export Control that it has been determined
that it is necessary in the interest of national defense to requisition and take over for the use or operation by the United States
or in its interest any article or material ordered. manufactured,
procured, or possessed for export purposes the exportation of which
has been denied in accordance with the provisions of section 6 of
the act approved July 2, 1940 (Public, No. 703, 76th Congress). the
286
-2 Administrator of Export Centrol shall cause to be served a requisi-
tion for the said article or material by an officer, agent, or
employee of the United States which officer, agent, or employee
shall take possession of the article or material for and in behalf
of the United States and shall issue a receipt therefor.
2. The Administrator of Export Control shall hold or cause to
be held whatever hearings may be necessary to determine the fair
and just value of such property, at which hearings the owner of
the property, his duly authorised agent or representative, or other
person claiming an interest therein, may present evidence orally
or in writing regarding the fair and just value of the article or
material requisitioned and taken over. Upon conclusion of such
hearings the Administrator of Export Control shall report to the
President his finding and recommendation in regard thereto.
3. Upon determination by the President of the amount of the
fair and just compensation for the article or material so requisitioned and taken over by the United States, the Administrator of
Export Control shall give written notification to the owner of the
property or his duly authorised agent or representative of such
determination and of his right to accept or reject the sum awarded.
4. Acceptance of the award of compensation shall be accom-
panied by a release executed by the owner of the property or his
duly authorised agent or representative absolving the United States,
its officers, agents, and employees from any and all further claims
in connection with the property so requisitioned and taken ever.
287
-3-
5. Upon rejection of the award of compensation by the owner
of the property or his duly authorised agent or representative,
50 percent of the sum awarded as just and fair compensation shall
be paid to the said owner OF his duly authorised agent or representative under the provisions of section 2 of the Act of Congress,
approved October 10, 1940.
6. When an article or material is requisitioned and taken
over in accordance with the provisions of the Act of Congress,
approved October 10. 1940, and any Executive order or regulations
issued pursuant thereto, payment for the said article or material
shall be made from the funds available for such purpose to the
department or agency requesting the requisitioning of the article
or material.
FRANKLIN D. ROOSEVELT
THE WHITE HOUSE
October 15, 1940.
288
HOUSE OF REPRESENTATIVES
TOTH CONGRESS
No. 943
}
3d Session
DOCUMENT
ACQUIRING CERTAIN NAVAL AND AIR BASES IN
EXCHANGE FOR CERTAIN OVER-AGE DESTROYERS
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
NOTES EXCHANGED BETWEEN THE BRITISH AMBASSADOR AT
WASHINGTON AND THE SECRETARY OF STATE UNDER WHICH
THIS GOVERNMENT HAS ACQUIRED THE RIGHT TO LEASE
CERTAIN NAVAL AND AIR BASES, ALSO A COPY OF AN OPINION
OF THE ATTORNEY GENERAL DATED AUGUST 27, 1940, REGARDING AUTHORITY TO CONSUMMATE THIS ARRANGEMENT
SEPTEMBER 3, 1940.-Referred to the Committee of the Whole House on the
State of the Union and ordered to be printed
To the Congress of the United States:
I transmit herewith for the information of the Congress notes
exchanged between the British Ambassador at Washington and the
Secretary of State on September 2, 1940, under which this Government has acquired the right to lease naval and air bases in Newfoundland, and in the islands of Bermuda, the Bahamas, Jamaica, St.
Lucia, Trinidad, and Antigua, and in British Guiana; also a copy of
an opinion of the Attorney General dated August 27, 1940, regarding
my authority to consummate this arrangement.
The right to bases in Newfoundland and Bemuda are gifts-
generously given and gladly received. The other bases mentioned
have been acquired in exchange for 50 of our over-age destroyers.
This is not inconsistent in any sense with our status of peace.
Still less is it a threat against any nation. It is an epochal and farreaching act of preparation for continental defense in the face of
grave danger.
Preparation for defense is an inalienable prerogative of a sovereign
state. Under present circumstances this exercise of sovereign right is
essential to the maintenance of our peace and safety. This is the most
important action in the reinforcement of our national defense that has.
ACQUIRING CERTAIN NAVAL AND AIR BASES
ACQUIRING CERTAIN NAVAL AND AIR BASES
2
3
been taken since the Louisiana Purchase. Then as now, considerations of safety from overseas attack were fundamental.
The value to the Western Hemisphere of these outposts of security
is beyond calculation. Their need has long been recognized by our
country, and especially by those primarily charged with the duty of
charting and organizing our own naval and military defense. They
are essential to the protection of the Panama Canal, Central America,
the northern portion of South America, the Antilles, Canada, Mexico,
and our own eastern and Gulf seaboards. Their consequent importance in hemispheric defense is obvious. For these reasons I have
taken advantage of the present opportunity to acquire them.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE, September 3, 1940.
such bases, necessary to provide access to and defence of such bases,
and appropriate provisions for their control.
Without prejudice to the above-mentioned rights of the United
States authorities and their jurisdiction within the leased areas, the
adjustment and reconciliation between the jurisdiction of the authorities of the United States within these areas and the jurisdiction of
the authorities of the territories in which these areas are situated,
shall be determined by common agreement.
The exact location and bounds of the aforesaid bases, the necessary
seaward, coast and antiaircraft defences, the location of sufficient
BRITISH EMBASSY,
Washington, D. C., September 2, 1940.
The Honourable CORDELL HULL,
Secretary of State of the United States,
Washington, D.
SIR: I have the honour under instructions from His Majesty's
Principal Secretary of State for Foreign Affairs to inform you that in
view of the friendly and sympathetic interest of His Majesty's Government in the United Kingdom in the national security of the United
States and their desire to strengthen the ability of the United States
to cooperate effectively with the other nations of the Americas in the
defence of the Western Hemisphere, His Majesty's Government will
secure the grant to the Government of the United States, freely and
without consideration, of the lease for immediate establishment and
use of naval and air bases and facilities for entrance thereto and the
operation and protection thereof, on the Avalon Peninsula and on the
southern coast of Newfoundland, and on the east coast and on the
Great Bay of Bermuda.
Furthermore, in view of the above and in view of the desire of the
United States to acquire additional air and naval bases in the Caribbean and in British Guiana, and without endeavouring to place a
monetary or commercial value upon the many tangible and intangible
rights and properties involved, His Majesty's Government will make
available to the United States for immediate establishment and use
naval and air bases and facilities for entrance thereto and the operation and protection thereof, on the eastern side of the Bahamas, the
southern coast of Jamaica, the western coast of St. Lucia, the west
coast of Trinidad in the Gulf of Paria, in the island of Antigua and
in British Guiana within fifty miles of Georgetown, in exchange for
naval and military equipment and material which the United States
Gevernment will transfer to His Majesty's Government.
All the bases and facilities referred to in the preceding paragraphs
will be leased to the United States for a period of ninety-nin years,
free from all rent and charges other than such compensation to be
mutually agreed on to be paid by the United States in order to compensate the owners of private property for loss by expropriation or
damage arising out of the establishment of the bases and facilities in
question.
His Majesty's Government, in the leases to be agreed upon, will
grant to the United States for the period of the leases all the rights,
power, and authority within the bases leased, and within the limits of
the territorial waters and air spaces adjacent to or in the vicinity of
military garrisons, stores, and other necessary auxiliary facilities shall
be determined by common agreement.
His Majesty's Government are prepared to designate immediately
experts to meet with experts of the United States for these purposes.
Should these experts be unable to agree in any particular situation,
except in the case of Newfoundland and Bermuda, the matter shall be
settled by the Secretary of State of the United States and His Majesty's
Secretary of State for Foreign Affairs.
I have the honour to be, with the highest consideration, Sir,
Your most obedient, humble servant,
(Sgd.) LOTHIAN.
DEPARTMENT OF STATE,
Washington, September 2, 1940.
His EXCELLENCY THE RIGHT HONORABLE
THE MARQUESS OF LOTHIAN, C. H.,
British Ambassador.
EXCELLENCY: I have received your note of September 2, 1940, of
which the text is as follows:
I have the honour under instructions from His Majesty's Principal Secretary
of State for Foreign Affairs to inform you that in view of the friendly and sym-
pathetic interest of His Majesty's Government in the United Kingdom in the
national security of the United States and their desire to strengthen the ability
of the United States to cooperate effectively with the other nations of the Americas
in the defence of the Western Hemisphere, His Majesty's Government will
secure the grant to the Government of the United States, freely and without
consideration, of the lease for immediate establishment and use of naval and air
bases and facilities for entrance thereto and the operation and protection thereof,
on the Avalon Peninsula and on the southern coast of Newfoundland, and on
the east coast and on the Great Bay of Bermuda.
Furthermore, in view of the above and in view of the desire of the United
States to acquire additional air and naval bases in the Carlbbean and In
British Gulana, and without endeavouring to place a monetary or commercial
value upon the many tangible and intangible rights and properties involved.
His Majesty's Government will make available to the United States for immedate establishment and use naval and air bases and facilities for entrance and the
the operation and protection thereof. on the eastern side of the Bahamas, of
southern coast of Jamaica, the western coast of St. Lucia. the west coast
Trinidad in the Gulf of Paria, in the Island of Antigua and in British Guiana
within fifty miles of Georgetown, in exchange for naval and military equipment
and material which the United States Government will transfer to His Majesty's
Government
ACQUIRING CERTAIN NAVAL AND AIR BASES
5
ACQUIRING CERTAIN NAVAL AND AIR BASES
All the bases and facilities referred to in the preceding paragraphs will be
leased to the United States for a period of ninety-nine years, free from all
rent and charges other than such compensation to be mutually agreed on to be
paid by the United States in order to compensate the owners of private property
for loss
byfacilities
expropriation
or damage arising out of the establishment of the
bases
and
In question.
His Majesty's Government, in the leases to be agreed upon, will grant to the
United States for the period of the leases all the rights, power, and authority
within the bases leased, and within the limits of the territorial waters and air
spaces adjacent to or in the vicinity of such bases, necessary to provide access to
and defense of such bases, and appropriate provisions for their control
Without prejudice to the above-mentioned rights of the United States authorities and their jurisdiction within the leased areas, the adjustment and reconciliation between the jurisdiction of the authorities of the United States within
these areas and the jurisdiction of the authorities of the territories in which these
areas are situated, shall be determined by common agreement.
The exact location and bounds of the aforesaid bases, the necessary seaward,
coast and anti-aircraft defenses, the location of sufficient military garrisons, stores,
and other necessary auxiliary facilities shall be determined by common agreement.
His Majesty's Government are prepared to designate immediately experts to
meet with experts of the United States for these purposes. Should these experts
be unable to agree in any particular situation, except in the case of Newfoundland
and Bermuda, the matter shall be settled by the Secretary of State of the United
States and His Majesty's Secretary of State for Foreign Affairs.
I am directed by the President to reply to your note as follows:
The Government of the United States appreciates the declarations
and the generous action of His Majesty's Government as contained
in your communication which are destined to enhance the national
security of the United States and greatly to strengthen its ability to
cooperate effectively with the other nations of the Americas in the
defense of the Western Hemisphere. It therefore gladly accepts the
proposals.
The Government of the United States will immediately designate
experts to meet with experts designated by His Majesty's Government to determine upon the exact location of the naval and air bases
mentioned in your communication under acknowledgment.
In consideration of the declarations above quoted, the Government
of the United States will immediately transfer to His Majesty's
Government fifty United States Navy destroyers generally referred
to as the twelve hundred-ton type.
sideration.
Accept, Excellency, the renewed assurances of my highest conCORDELL HULL
The PRESIDENT,
OFFICE OF THE ATTORNEY GENERAL,
Washington, D. C., August 27, 1940.
The White House.
My DEAR MR. PRESIDENT: In accordance with your request I have
considered your constitutional and statutory authority to proceed by
Executive agreement with the British Government immediately to
acquire for the United States certain off-shore naval and air bases in
the Atlantic Ocean without awaiting the inevitable delays which would
accompany the conclusion of a formal treaty.
The essential characteristics of the proposal are:
The United States to acquire rights for immediate establishment and use
(a) naval and air bases in Newfoundland, Bermuda, the Bahamas, Jamaica, St.
of Trinidad, and British Guiana: such rights to endure for a period of 99
Lucia, and to include adequate provisions for access to, and defense of, such bases
years and appropriate provisions for their control.
(b) In consideration it is proposed to transfer to Great Britain the title and
of certain over-age ships and obsolescent military materials now the
property possession of the United States, and certain other small patrol boats which though
nearly completed are already obsolescent
Upon such transfer all obligation of the United States is discharged. The
sequisition (1) consists only of rights, which the United States may exercise or not at
its option, and if exercised may abandon without consent. The privilege of
maintaining such bases is subject only to limitations necessary to reconcile United
States use with the sovereignty retained by Great Britain Our Government
sausimes no responsibility for civil administration of any territory. It makes no
promise to erect structures, or maintain forces at any point. It undertakes no
defense of the possessions of any country. In short it acquires optional bases
which may be developed as Congress appropriates funds therefor. but the United
States
alliance.
does not assume any continuing or future obligation, commitment, or
The questions of constitutional and statutory authority, with which
alone I am concerned, seem to be these:
First. May such an acquisition be concluded by the President
under an Executive Agreement or must it be negotiated as a Treaty
subject to ratification by the Senate?
Second. Does authority exist in the President to alienate the title
to
such ships and obsolescent materials, and if so, on what conditions?
Third. Do the statutes of the United States limit the right to
deliver the so-called mosquito boats now under construction or the
over-age
destroyers by reason of the belligerent status of Great
Britian?
I
4
There is, of course, no doubt concerning the authority of the Presi-
dent to negotiate with the British Government for the proposed
exchange. The only questions that might be raised in connection
therewith are (1) whether the arrangement must be put in the form of
a treaty and await ratification by the Senate or (2) whether there
must be additional legislation by the Congress. Ordinarily (and
assuming the absence of enabling legislation) the question whether
such an agreement can be concluded under Presidential authority or
whether it must await ratification by a two-thirds vote of the United
States Senate involves consideration of two powers which the Constitution vests in the President.
One of these is the power of the Commander in Chief of the Army
and Navy of the United States, which is conferred upon the President
by the Constitution but is not defined or limited. Happily, there has
been little occasion in our history for the interpretation of the powers
of the President as Commander in Chief of the Army and Navy. I
do not find it necessary to rest upon that power alone to sustain the
present proposal. But it will hardly be open to controversy that the
vesting of such a function in the President also places upon him a
responsibility to use all constitutional authority which he may possess
to provide adequate bases and stations for the utilization of the naval
and air weapons of the United States at their highest efficiency in our
6
ACQUIRING CERTAIN NAVAL AND AIR BASES
ACQUIRING CERTAIN NAVAL AND AIR BASES
7
defense. It seems equally beyond doubt that present world conditions
forbid him to risk any delay that is constutitionally avoidable.
The second power to be considered is that control of foreign relations
which the Constitution vests in the President as a part of the Executive function. The nature and extent of this power has recently been
explicitly and authoritatively defined by Mr. Justice Sutherland,
writing for the Supreme Court. In 1936, in United States V. CurtissWright Export Corp., et al. (299 S. 304), he said:
It is important to bear in mind that we are here dealing not alone with an
authority vested in the President by an exertion of legislative power, but with
such an authority plus the very delicate, plenary, and exclusive power of the
President as the sole organ of the Federal Government in the field of international
relations a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exer-
cised in subordination to the applicable provisions of the Constitution It is
quite apparent that if, in the maintenance of our international relations, embarrassment perhaps serious embarrassment to be avoided and success for our
aims achieved, congressional legislation which is to be made effective through
negotiation and inquiry within the international field must often accord to the
President a degree of discretion and freedom from statutory restriction which
would not be admissible were domestic affairs alone involved. Moreover, he,
not Congress, has the better opportunity of knowing the conditions which prevail in foreign countries, and especially is this true in time of war. He has his
confidential sources of information. He has his agents in the form of diplomatic,
consular, and other officials Secrecy in respect of information gathered by them
ful
results
may
be highly necessary. and the premature disclosure of it productive of harm.
plenary, and exclusive" is not unlimited. Some negotiations involve
commitments as to the future which would carry an obligation to
exercise powers vested in the Congress. Such Presidential arrangements are customarily submitted for ratification by a two-thirds vote
of the Senate before the future legislative power of the country is
committed However, the acquisitions which you are proposing to
accept are without express or implied promises on the part of the
United States to be performed in the future. The consideration
which we later discuss, is completed upon transfer of the specified
items. The Executive agreement obtains an opportunity to establish
naval and air bases for the protection of our coast line but it imposes
no obligation upon the Congress to appropriate money to improve
the opportunity
It is not
necessary for the Senate to ratify an
opportunity
that entails
no obligation.
There are precedents which might be cited, but not all strictly
pertinent. The proposition falls far short in magnitude of the acquisition by President Jefferson of the Louisiana Territory from
belligerent during a European war, the Congress later appropriating
theagreement.
consideration and the Senate later ratifying a treaty embodying
the
a
and maintain a light but would erect no fortification thereon. This
was done without awaiting legislative authority Subsequently the
Congress made appropriations for the lighthouse, which was erected
in 1856. Malloy, Treaties and Contentions (vol. 1, p. 663).
It is not believed, however, that it is necessary here to rely exclusively upon your constitutional power. As pointed out hereinafter
lishments-perhaps also the trade agreements recently negotiated
under statutory authority and the acquisition in 1903 of the coaling
and naval stations and rights in Cuba under the act of March 2,
1901 (h. 803, 31 Stat. 895, 898). In the last-mentioned case the agreement was subsequently embodied in a treaty but it was only one of a
number of undertakings, some clearly of a nature to be dealt with
ordinarily by treaty, and the statute had required "that by way of
further assurance the Government of Cuba will embody the foregoing
provisions in a permanent treaty with the United States.
The transaction now proposed represents only an exchange with no
statutory requirement for the embodiment thereof in any treaty
and involving no promises or undertakings by the United States
that might raise the question of the propriety of incorporation in a
treaty. I therefore advise that acquisition by Executive agreement
of the rights proposed to be conveyed to the United States by Great
Britain will not require ratification by the Senate.
II
The right of the President to dispose of vessels of the Navy and
The President's power over foreign relations while "delicate,
I am also reminded that in 1850, Secretary of State Daniel Webster
acquired Horse Shoe Reef, at the entrance of Buffalo Harbor, upon
condition that the United States would engage to erect a lighthouse
(in discussing the second question), I think there is also ample statuauthority to support the acquisition of these bases, and the precetory dents perhaps most nearly in point are the numerous acquisitions of
rights in foreign countries for sites of diplomatic and consular estab-
unneeded naval material finds clear recognition in at least two enactments of the Congress and a decision of the Supreme Court-and any
who assert that the authority does not exist must assume the burden
of establishing that both the Congress and the Supreme Court meant
something less than the clear import of seemingly plain language.
By section 5 of the act of March 3, 1883 (c. 141, 22 Stat. 582, 599-600
(U. S. C., title 34, sec. 492)), the Congress placed restrictions upon
the methods to be followed by the Secretary of the Navy in disposing
of naval vessels, which have been found unfit for further use and
stricken from the naval registry, but by the last clause of the section
recognized and
confirmed such a right in the President free from such
limitations.
It provides:
But no vessel of the Navy shall hereafter be sold in any other manner than
herein provided, or for less than such appraised value, unless the President of the
United States shall otherwise direct in writing. (Italies supplied.]
In Levinson V. United States (258 U. S. 198, 201), the Supreme
Court said of this statute that "the power of the President to direct a
departure from the statute is not confined to a sale for less than the
appraised value but extends to the manner of the sale," and that "the
word 'unless' qualifies both the requirements of the concluding clause.
So far 88 concerns this statute, in my opinion it leaves the President
Commander in Chief of the Navy free to make such disposition of
naval vessels as he finds necessary in the public interest, and I find
nothing that would indicate that the Congress has tried to limit the
President's plenary powers to vessels already stricken from the naval
registry The President, of course, would exercise his powers only
under the high sense of responsibility which follows his rank as Commander in Chief of his Nation's defense forces.
as
Furthermore, I find in no other statute or in the decisions any
attempted limitations upon the plenary powers of the President as
8
ACQUIRING CERTAIN NAVAL AND AIR BASES
ACQUIRING CERTAIN NAVAL AND AIR BASES
9
Commander in Chief of the Army and Navy and as the head of the
state in its relations with foreign countries to enter into the proposed
arrangements for the transfer to the British Government of certain
over age destroyers and obsolescent military material except the
limitations recently imposed by section 14 (a) of the act of June 28,
1940 (Public, No. 671). This section, it will be noted, clearly recognizes the authority to make transfers and seeks only to impose certain
restrictions thereon. The section reads as follows:
SEC. 14. (a) Notwithstanding the provision of any other law, no military or
naval weapon, ship, boat, aircraft, munitions, supplies, or equipment, to which
the United States has title, in whole or in part, or which have been contracted for,
shall hereafter be transferred, exchanged, sold, or otherwise disposed of in any
manner whatsoever unless the Chief of Naval Operations in the case of naval
material, and the Chief of Staff of the Army in the case of military material, shall
first certify that such material is not essential to the defense of the United States,
Thus to prohibit action by the constitutionally created commander
in chief except upon authorization of a statutory officer subordinate
in rank is of questionable constitutionality. However, since the
statute requires certification only of matters as to which you would
wish, irrespective of the statute. to be satisfied, and as the legislative
history of the section indicates that no arbitrary restriction is intended, it seems unnecessary to raise the question of constitutionality
which such a provision would otherwise invite.
I am informed that the destroyers involved here are the survivors
of a fleet of over 100 built at about the same time and under the same
design. During the year 1930, 58 of these were decommissioned with
a view toward scrapping and a corresponding number were recommissioned as replacements. Usable material and equipment from the
58 vessels removed from the service were transferred to the recommissioned vessels to recondition and modernize them, and other usable
material and equipment were removed and the vessels stripped. They
were then stricken from the Navy Register, and 50 of them were sold
as scrap for prices ranging from $5,260 to $6,800 per vessel, and the
remaining 8 were used for such purposes as target vessels, experimental
construction tests, and temporary barracks. The surviving destroyers
now under consideration have been reconditioned and are in service,
but all of them are over age, most of them by several years.
In construing this statute in its application to such a situation it is
important to note that this subsection as originally proposed in the
Senate bill provided that the appropriate staff officer shall first certify
that' 'such material is not essential to and cannot be used in the defense
of the United States.' Senator Barkley and others objected to the
subsection as so worded on the ground that it would prevent the
release and exchange of surplus or used planes and other supplies for
sale to the British and that it would consequently nullify the provisions of the bill (see sec. 1 of the act of July 2, 1940, H. R. 9850,
Public, No. 703) which the Senate had passed several days earlier for
that very purpose. Although Senator Walsh stated that he did not
think the proposed subsection had that effect, he agreed to strike out
the words "and cannot be used." Senator Barkley observed that he
thought the modified language provided much more elastic term.
Senator Walsh further stated that he would bear in mind in conference
the views of Senator Barkley and others, and that he had "no desire or
purpose to go beyond the present law, but to have some certificate
filed as to whether the property is surplus or not" (Congressional
Record, June 21, 1940, pp. 13370-13371)
In view of this legislative history it is clear that the Congress did
not intend to prevent the certification for transfer, exchange, sale, or
disposition of property merely because it is still used or usable or of
possible value for future use, The statute does not contemplate
mere transactions in scrap, yet exchange or sale except as scrap would
hardly be possible if confined to material whose usefulness is entirely
gone. It need only be certified as not essential, and "essential,"
usuallyorthe
equivalent of vital or indispensable, falls far short of
"used
"usable.
Moreover, as has been indicated, the congressional authorization is
not merely of a sale, which might imply only a cash transaction.
It also authorizes equipment to be "transferred" "exchanged", or
"otherwise disposed of and in connection with material of this kind
for which there is no open market value is never absolute but only
relative-and chiefly related to what may be had in exchange or
replacement.
In view of the character of the transactions contemplated, as well
as the legislative history, the conclusion is inescapable that the Congress has not sought by section 14 (a) to impose an arbitrary limitation upon the judgment of the highest staff officers as to whether a
transfer, exchange, or other disposition of specific items would impair
our essential defenses. Specific items must be weighed in relation
to our total defense position before and after an exchange or disposi-
tion. Any other construction would be a virtual prohibition of any
sale, exchange, or disposition of material or supplies so long as they
were capable of use, however ineffective, and such a prohibition
obviously was not, and was not intended to be, written into the law.
It is my opinion that in proceeding under section 14 (a) appropriate
staff officers may and should consider remaining useful life, strategic
importance, obsolescence, and all other factors affecting defense value,
not only with respect to what the Government of the United States
gives up in any exchange or transfer, but also with respect to what the
Government receives. In this situation good business sense is good
legal sense.
I therefore advise that the appropriate staff officers may, and should,
certify under section 14 (a) that ships and material involved in a sale
or exchange are not essential to the defense of the United States if in
their judgment the consummation of the transaction does not impair
or weaken the total defense of the United States, and certainly so
where the consummation of the arrangement will strengthen the total
defensive position of the Nation.
With specific reference to the proposed agreement with the Government of Great Britain for the acquisition of naval and air bases, it is
my opinion that the Chief of Naval Operations may, and should,
certify under section 14 (a) that the destroyers involved are not essential to the defense of the United States if in his judgment the exchange
of such destroyers for such naval and air bases will strengthen rather
than impair the total defense of the United States.
I have previously indicated that in my opinion there is statutory
authority for the acquisition of the naval and air bases in exchange
for the vessels and material. The question was not more fully discussed at that point because dependent upon the statutes above
10
ACQUIRING CERTAIN NAVAL AND AIR BASES
ACQUIRING CERTAIN NAVAL AND AIR BASES
11
treated and which required consideration in this section of the opinion.
Whereas a neutral is in no wise obliged by his duty of impartiality to prevent
It is to be borne in mind that these statutes clearly recognize and
deal with the authority to make dispositions by sale, transfer, ex-
his merely contraband of war, a neutral is bound to employ the means at his
change, or otherwise; that they do not impose any limitations concern-
being disposal to prevent his subjects from building, fitting out. or arming, to the order
ing individuals, corporations, or governments to which such dispositions may be made: and that they do not specify or limit in any
manner the consideration which may enter into an exchange. There
is no reason whatever for holding that sales may not be made to or
exchanged made with a foreign government or that in such a case a
treaty is contemplated. This is emphasized when we consider that
the transactions in some cases may be quite unimportant, perhaps
only dispositions of scrap, and that a domestic buyer (unless restrained
by some authorized contract or embargo) would be quite free to
dispose of his purchase as he pleased. Furthermore, section 14 (a)
of the act of June 28, 1940, supra, was enacted by the Congress in full
contemplation of transfers for ultimate delivery to foreign belligerent
nations. Possibly it may be said that the authority for exchange of
naval vessels and material presupposes the acquisition of something
of value to the Navy or, at least. to the national defense. Certainly
I can imply no narrower limitation when the law is wholly silent in
this respect. Assuming that there is, however, at least the limitation
which I have mentioned, it is fully met in the acquisition of rights to
maintain needed bases. And if as I hold, the statute law authorizes
the exchange of vessels and material for other vessels and material
or, equally, for the right to establish bases, it is an inescapable corrol-
lary that the statute law also authorizes the acquisition of the ships
or material or bases which form the consideration for the exchange.
Whether the statutes of the United States prevent the dispatch to
Great Britain, a belligerent power, of the so-called mosquito boats'
now under construction or the over-age destrovers depends upon the
interpretation to be placed on section 3 of title V of the act of June 15,
1917 (e. 30, 40 Stat. 217, 222). This section reads:
During a war in which the United States is a neutral nation. it shall be unlawful
to send out of the jurisdiction of the United States any vessel, built, armed, or
equipped as a vessel of war, or converted from a private vessel into a vessel of war.
with any intent or under any agreement or contract, written or oral, that such
vessel shall be delivered to a belligerent nation, or to an agent, officer, or citizen
of such nation, or with reasonable cause to believe that the said vessel shall or will
be employed
any such belligerent nation after its departure from
the
jurisdictioninofthe
theservice
UnitedofStates.
This section must be read in the light of section 2 of the same act
and the rules of international law which the Congress states that it
was its intention to implement (H. Rept. No. 30, 65th Cong., 1st
sess., p. 9). So read, it is clear that it is inapplicable to vessels, like
the overage destroyers, which were not built, armed, equipped as.
or converted into, vessels of war with the intent that they should
enter the service of a belligerent. If the section were not so construed,
it would render meaningless section 2 of the act which authorizes the
President to detain any armed vessel until he is satisfied that it will
not engage in hostile operations before it reaches a neutral or belligerent
port. The two sections are intelligible and reconcilable only if read
in light of the traditional rules of international law. These are clearly
stated by Oppenheim in his work on International Law, (5th ed.,
vol. 2, sec. 334, pp. 574-576)
subjects from selling armed vessels to the belligerents, such armed vessels
either belligerent, vessels intended to be used as men-of-war, and to prevent the
departure from his jurisdiction of any vessel which, by order of either belligerent,
has been adapted to warlike use. The difference between selling armed vessels
to belligerents and building them to order is usually defined in the following
way: An armed ship, being contraband of war, is in nowise different from other
kinds of contraband, provided that she is not manned in a neutral port, so that
the can commit hostilities at once after having reached the open sea. A subject
of a neutral who builds an armed ship, or arms a merchantman, not to the order
of a belligerent, but intending to sell her to a belligerent, does not differ from a
manufacturer of arms who intends to sell them to a belligerent. There is nothing
to prevent a neutral from allowing his subjects to sell armed vessels, and to deliver
them to belligerents, either in a neutral port or in a belligerent port.
On the other hand, if a subject of a neutral builds armed ships to the order of a
belligerent, he prepares the means of naval operations, since the ships, on sailing
outside the neutral territorial waters and taking in a crew and ammunition, can
once commit hostilities. Thus, through the carrying out of the order of the
at
belligerent, the neutral territory has been made the base of naval operations; and
as the duty of impartiality includes an obligation to prevent either belligerent
from making neutral territory the base of military or naval operations, a neutral
violates his neutrality by not preventing his subjects from carrying out an order
of a belligerent for the building and fitting out of men-of-war. This distinction,
although of course logically correct, is hairsplitting. But as, according to the
present law, neutral States need not prevent their subjects from supplying arms
and ammunition to belligerents, it will probably continue to be drawn.
Viewed in the light of the above, I am of the opinion that this statute
does prohibit the release and transfer to the British Government of the
so-called mosquito boats now under construction for the United
States Navy. If these boats were released to the British Government,
it would be legally impossible for that Government to take them out
of this country after their completion, since to the extent of such completion at least they would have been built, armed, or equipped with
the intent, or with reasonable cause to believe, that they would enter
the service of a belligerent after being sent out of the jurisdiction of the
United States.
This will not be true, however, with respect to the overage destroyers, since they were clearly not built, armed, or equipped with any
such intent or with reasonable cause to believe that they would ever
enter the service of a belligerent.
In this connection it has been noted that during the war between
Russia and Japan in 1904 and 1905, the German Government permitted the sale to Russia of torpedo boats and also of ocean liners
belonging to its auxiliary navy. See Wheaton's International Law,
6th ed. (Keith), vol. 2, p. 977.
IV
Accordingly, you are respectfully advised:
(a) That the proposed arrangement may be concluded as an Executive agreement, effective without awaiting ratification
(b) That there is Presidential power to transfer title and possession
of
the proposed considerations upon certification by appropriate staff
officers
12
ACQUIRING CERTAIN NAVAL AND AIR BASES
(c) That the dispatch of the so-called "mosquito boats" would constitute a violation of the statute law of the United States, but with
that exception there is no legal obstacle to the consummation of the
transaction, in accordance, of course, with the applicable provisions
of the Neutrality Act as to delivery.
Respectfully submitted.
ROBERT H. JACKSON,
Attorney General.
o
CONGRESSIONAL RECORD-HOUSE
40
authority within the bases leased, and within the limits
Ordinarily, and assuming the absence of enabling legislation.
and waters and air spaces adjacent to or in the victolity
the question whether such an agreement can be concluded under
bases
territorial
necessary to provide
access
to and defense of such
their control
for
propriate
Presidential authority or whether It must await ratification by
provisions
a two-thirds vote of the United States Senate involves consideration
of two powers which the Constitution vesta in the President
and prejudice to the above-mentioned rights of the United
without and their jurisdiction within the leased greas, the
authorities reconciliation between the jurisdiction of the
One of these is the power of the Commander in Chief of the
Army and Navy of the United States, which is conferred upon the
eastment and the United States within these areas and the jurisdic-
morities of authorities of the territories in which these areas are
of the be determined by common agreement
sted shall location and bounds of the aforesaid bases, the neces-
exact coast, and antiaircraft defenses, the location of sum-
military
reward,
garrisons. stores. and other necessary auxiliary
shall be determined by common agreement.
online Government are prepared designate immediately
Majesty's with experts of the United States for these purposes.
these meet experts be unable to agree any particular situs-
sould in the case of Newfoundland and Bermuda the matter
except settled by the Secretary State of the United States and
Majesty's be Secretary of State for Foreign Affairs.
directed by the President to reply to your note as follows:
- Government of the United States appreciates the declarations
the generous action of His Majesty's Government as contained in
communication which are destined to enhance the national
of the United States and greatly to strengthen its ability to
early overate effectively with the other nations of the Americas in the
these of the Western Hemisphere It therefore gladly accepts the
Government of the United States will immediately designate
to meet with experts designated by His Majesty's Government
determine upon/ exact location of the naval and air bases
ationed in your communication under ledgment.
consideration of the declarations above quoted, the.Government
the United States will immediately transfer to His Majesty's Govement 50 United States Navy destroyers generally referred to as
1,200-ton type.
accept, Excellency, the renewed assurances of my highest considacon
CORDELL Hutz
British Ambassador
AUGUST 27. 1940.
beyond doubt that present world conditions forbid him to risk any
delay that is constitutionally avoidable
The second power to be considered is that control of foreign
relations which the Constitution vesta in the President as a part
of the Executive function. The nature and extent of this power
has recently been explicitly and authoritatively defined by Mr.
Justice Sutherland, writing for the Supreme Court In 1936, in
United States v. Curtiss-Wright Export Corp. et al. 299 U. 304,
he said:
alone with an authority vested in the President by an exertion of
legislative power, but with such an authority plus the very delicate
plenary. and exclusive power of the President as the sole organ of
the Federal Government in the field of international relations
power which does not require as a basis for its exercise an act of
Congress, but which. of course, like every other governmental
power. must be exercised in subordination to the applicable provi-
stops
of
the
Constitution
It
is
quite
apparent
that
if.
in
the
main-
tenance of our international relations embarrassm perhaps
serious to be avoided and success for our aims
achieved congressional legislation which is to be made effective
the form of diplomatic, consular, and other officials Secrecy in re-
The White House.
spect of information gathered by them may be highly necessary
MY DEAR Ms PRESIDENT: In accordance with your request. I have
residered your constitutional and statutory authority to proceed
Executive agreement with the British Government amediately
acquire for the United States certain offshore naval and air bases
the Atlantic Ocean without awaiting the inevitable delays which
accompany the conclusion of a formal treaty.
and the premature disclosure of It productive of harmful results.
The President's power over foreign relations while "delicate
plenary. and exclusive" is not unlimited Some in-
volve commitments as to the future which would carry an obli-
gation to exercise powers vested in the Congress Such Presiden-
tial arrangements are customarily submitted for ratification by
The essential characteristics of the proposal are:
(a) The United States to acquire rights for immediate establishand use of naval and air bases in Newfoundland, Bermuda, the
Jamaica. St. Lucia, Trinidad, and British Gulana, such
fights to endure for a period of 99 years and to include adequate
revisions for access to and defense of such bases and appropriate
visions for their control
thirds vote of the Senate before the future legislative power of
the country is committed However, the acquisitions which you
are proposing to accept are without express or implied promises on
the part of the United States to be performed in the future The
consideration which we later discuss is completed upon transfer
of
(b) In consideration It is proposed to transfer to Great Britain
title and possession of certain overage ships and obsolescent
alitiary materials now the property of the United States and cerother small patrol boats which, though nearly completed, are
(c) Upon such transfer all obligation of the United States is discarged The acquisition constate only of rights, which the United
may exercise or not at its option; and if exercised, may aban-
without consent The privilege of maintaining such bases is
limitations
to
reconcile
United
States
use
the overeignty retained by Great Britain Our Government
no responsibility for civil administration of any territory
makes no promise to erect structures or maintain forces at any
It undertakes no defense of the possessions of any country
short it acquires optional bases which may be developed as Con-
appropriates funds therefor. but the United States does not
any continuing or future obligation, commitment, or
The
States at their highest efficiency in our defense It seems equally
domestic affairs alone involved Moreover, be. not Congress has
the better opportunity of knowing the conditions which prevail in
foreign countries, and especially is this true in time of war. He
has his confidential sources of information He has his agents in
be PRESIDENT
to
to controversy that the vesting of such a function in the President
also places upon him a responsibility to use all constitutional authority which he may possess to provide adequate bases and stations for the utilization of the naval and air weapons of the United
must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were
THE MARQUESS OF LOTHIAN, c. H.
only
alone to sustain the present proposal But It will hardly be open
through negotiation and inquiry within the international field
Eas EXCELLENCT THE RIGHT HONORABLE
abject
tation of the powers of the President as Commander in Chief of the
Army and Navy. I do not find it necessary to rest upon that power
"It is important to bear in mind that we are here dealing not
posals.
the
President by the Constitution but is not defined or limited. Happily, there has been little occasion in our history for the interpre-
questions of constitutional and statutory authority, with
alone am concerned, seem to be these:
Pirst May such an acquisition be concluded by the President
offer effect
an Executive
agreement
or must it be negotiated as a treaty,
to ratification
by the
Senate?
Second Does authority exist in the President to allenate the title
s ruch ships and obsolescent materials; and if so, on what con-
boats or
Third Do the statutes of the United States limit the right to
diser overage the so-called mosquito now under construction
Irlain? destroyers by reason of the belligerent status of Great
I
There is of course. no doubt concerning the authority of the
resident exchange to negotiate with the British Government for the proposed
therewith The only questions that might be raised in connection
are (1) whether the arrangement must be put in the
there a treaty and await ratification by the Senate or (2) whether
must be additional legislation by the Congress.
a
inch
289
17277
the
specified
items
The
Executive
agreement
obtains
an
oppor-
tunity to establish naval and air bases for the protection of
our coastline but it imposes no obligation upon the Congress to ap-
propriate money to improve the opportunity It is not necessary
for the Senate to ratify an opportunity that entails no obligation
There are precedents which might be cited. but not all strictly
pertinent The proposition falls far short in magnitude of the acquisition by President Jefferson of the Louisiana Territory from
a belligerent during a European war, the Congress later appropriat-
ing the consideration and the Senate later ratifying a treaty em-
bodying the agreement.
I am also reminded that in 1850, Secretary of State Daniel Webster
acquired Horne Shoe Reef at the entrance of Buffalo Harbor. upon
condition that the United States would engage to erect a lighthou
and maintain a light but would erect no fortification thereon. This
was done without awaiting legislative authority. Subsequently the
Congress made appropriations for the lighthouse which was
erected in 1856 (Malloy, Treaties and Conventions vol. 1. p. 663.)
It is not believed however, that It is necessary here to rely exclusively upon your constitutional power As pointed out hereinafter (in discussing the second question) I think there is also
ample statutory authority to support the acquisition of these bases,
and the precedents perhaps most nearly in point are the numerous
acquisitions of rights in foreign countries for sites of diplomatic
and consular establishments perhaps also the trade agreements
recently negotiated under statutory authority and the acquisition
in 1903 of the coaling and naval stations and rights in Cuba under
the act of March 2 1901 (ch. 803, 31 Stat. 895. 898). In the last-
mentioned case the agreement was subsequently embodied in a
treaty but It was only one of a number of undertakings, some
clearly of a nature to be dealt with ordinarily by treaty. and the
statute had required "that by way of further assurance the Government of Cuba will embody the foregoing provisions in a per-
manent treaty with the United States.
The transaction now proposed represents only an exchange with
no statutory requirement for the embodiment thereof in any treaty
and involving no promises or undertakings by the United States
that might raise the question of the propriety of incorporation in a
17278
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291
DEPARTMENT OF STATE
JUNE 4, 1940
No. 267
FOR THE PRESS
Text of letter dated June 4, 1940 from the Secretary
of State, Mr. Cordell Hull to the Honorable Sol Broom,
Chairman of the Committee on Foreign Affairs, House of
Representatives:
"June 4, 1940
"The Honorable
Sol Bloom,
Chairman, Committee on Foreign Affairs,
House of Representatives.
"My dear Mr. Bloom:
"You have requested my comment on the attached
proposed joint resolution regarding possessions in
the Western Hemisphere belonging to European states.
"Several European states have had possessions in
the Western Hemisphere for long periods of time and
this Government has at no time undertaken to interfere
with them. However, in keeping with its traditional
policy, this Government must necessarily insist that
such possessions shall not become the subject of barter
or conquest between rival European powers or be made
the scene of the settlement of European difficulties.
"The proposed resolution here in question recites
(1) that the United States would not recognize any
transfer and would not acquiesce in any attempt to
transfer any geographic region of the Western Hemisphere
from one non-American power to another non-American
power and (2) that if such transfer or attempt to
transfer should appear likely the United States would,
in addition to other measures, immediately consult with
the other American Republics to determine upon the stops
which should be taken to safeguard their common interests.
"The first part of the resolution is in effect a
restatement of the position which this Government has The
consistently taken for more than a hundred years.
second part of it is a reaffirmation of the policy
adopted in recent years of cooperation with the other I
American Republics in matters of common interest.
enclose for your information copies of (1) the Convention
for the Maintenance, Preservation and Reestablishment
of Peace signed at Buenos Aires in 1936, to which the
United States is a party, providing
in thefor consultation
(2) the Declaration
pence between is the menaced; American Republics of event the 1938, that Principles their
of Solidarity of America signed at Limn in commonly
referred to as the Declaration of Lima; and (3) the roso-
lution adopted at Panama regarding the transfer of
sovereignty of geographic regions of the Americas held
by non-American states.
"The
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"The proposed resolution is based squarely upon
the idea of full respect for established sovereignties.
It would not interfere in any way with continuance of
equality of commerce and trade for all nations of the
world in their relations with the countries of the
American continents.
"Having in mind the foregoing, I heartily approve
the proposed resolution and am glad to be able to
recommend its favorable consideration by the Congress.
"Sincerely yours,
"CORDELL HULL"
(Released by the Committee on Foreign Affairs)
***
293
DEPARTMENT OF STATE
FOR THE PRESS
JULY 5, 1940
No. 333
The Secretary of State, the Honorable Cordell Hull,
today made the following statement:
The American Charge d'Affaires in Berlin has communicated
to the Department the text of a note dated July 1, which he
has received from the German Minister of Foreign Affairs.
The note in question refers to the note delivered by the
American Charge d'Affaires under instructions of the Government
of the United States on June 18, in which this Government informed the Government of the German Reich that it would not
recognize any transfor of a goographical region of the Western
Hemisphere from one non-American power to another non-American
power, and that it would not acquiesce in any attempt to undertake such transfer.
The Gorman Minister of Foreign Affairs states that the
Government of the Gorman Reich is unable to perceive for what
reason the Government of the United States of America has
addressed this communication to the Reich Government. He
states that in contrast with other countries, especially in
contrast with England and France, Germany has no territorial
possessions in the American continent, and has given no occasion
whatever for the assumption that it intends to acquire such
possessions and he asserts that thus insofar as Germany is
concerned, the communication addressed to the Reich Government
is without object.
The German Minister of Foreign Affairs continues by remarking that in this case the interpretation of the Monroe
Doctrine implicit in the communication of the Government of
the United States would amount to conferring upon some
European countries the right to possess territories in the
Western Hemisphere and not to other European countries. He
states that it is obvious that such an interpretation would
be untenable. He concludes by remarking that apart from this,
the Reich Government would like to point out again on this
occasion that the non-intervention in the affairs of the
American continent by European nations which is demanded by
the Monroe Doctrine can in principle be legally valid only on
condition that the American nations for their part do not
interfere in the affairs of the European continent.
The foregoing is the substance of the German note.
I feel that no useful purpose will be served at this time
for this Government to undertake to make any further communication to the Government of the German Reich on the subject
matter of the communication above quoted.
The fundamental questions involved are entirely clear to
all of the peoplos of the American Republics, and undoubtedly the
as well to the majority of the governments and pooples in
rest of the world.
The
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The Monroe Doctrine is solely a policy of self-defense,
which is intended to preservo the independence and integrity
of the Americas. It was, and is, designed to prevent aggression in this hemisphere on the part of any non-American power,
and likewise to make impossible any further extension to this
homisphere of any non-American system of government imposed
from without. It contains within it not the slightest vestige
of any implication, much loss assumption, of hegomony on the
part of the United States. It never has resembled, and it
does not today resemble, policies which appear to be arising
in other geographical areas of the world, which are alleged
to be similar to the Monroe Doctrine, but which, instead of
resting on the sole policies of self-defense and of respect
for existing sovereignties, as doos the Monroo Doctrine, would
in reality seem to be only the protext for the carrying out of
conquest by the sword, of military occupation, and of complete
economic and political domination by certain powers of other
froo and independent peoples.
The Monroe Doctrino has, of course, not the romotest
connection with the frot that certain European nations exercise
sovereignty over colonies in the Western Hemisphere and that
cortain other European nations do not. This situation existed
before the Monroe Doctrine was proclaimed. The Doctrino did
not undertake to interfere with the existing situation, but
did announce that further incursions would not be tolerated.
It made clear that the future transfer of existing possessions
to another non-American state would be regarded 08 inimical to
the interests of this hemisphere. This hns become a basic
policy of the Government of the United States. As already
stated in the communicntion addressed to the German Government
by this Government under date of June 18, the Government of the
United States will neither recognize nor acquiesce in the transfor to a non-American power of geographical regions in this
hemisphere now possessed by some other non-American power.
The Government of the United States pursuce a policy of
non-participation and of non-involvement in the purely politicel affairs of Europe. It will, however, continue to cooperate,
as it one cooperated in the past, with all other nations,
whenever the policies of such nations make it possible, and
whenever it believes that such efforts are prncticable and in
its own best interests, for the purpose of promoting economic,
commercial, and social rehabilitation, and of advancing the
cause of intornational law and order, of which the entire world
stands SO tragically in need today.
295
DEPARTMENT OF STATE
FOR THE PRESS
JULY 30, 1940
NO. 360
STATEMENT BY THE SECRETARY OF STATE, THE HONORABLE CORDELL
HULL UPON LEAVING HABANA AT THE CLOSE OF THE SECOND
MEETING OF THE FOREIGN MINISTERS OR THEIR
REPRESENTATIVES OF THE AMERICAN REPUBLICS,
AT HABANA, CUBA, ON JULY 30, 1940.
The Habana Meeting of Foreign Ministers of the American
Republics faced unprecedented problems and conditions. Pos-
sibilities of danger to the peace, security and welfare of
the continent have been increasingly apparent in recent
months and weeks. To meet them successfully it has been
clear that the American nations must strengthen further
their already strong ties of unity and solidarity and
devise a constructive program for implementing, through
consultation and cooperative action, effective means of
continental protection and defense.
We are confronted, in this respect, with three sets
of problems and conditions. The first relates to the
possible transfer of sovereignty at any time over certain
islands and regions from one non-American state to another
non-American state. The second involves the threat of subversive activities in the American nations directed from
outside the continent. The third comprises extremely
grave
economic difficulties and dislocations resulting
from war.
With regard to all three of these sets of menacing
conditions, the American Governments have manifested their
full recognition of the dangers which confront them in
common and have created machinery for common action.
Instead of faltering and abandoning the spirit of unity
and concerted steps for safety, they have demonstrated to
the world their unalterable determination to preserve and
strengthen the spirit and the system of continental unity
and solidarity. They have thus cleared the decks for
effective action whenever such action may become necessary.
The situation with respect to possessions in this
hemisphere controlled by European powers for many years
has for the first time become most acute by reason of the
fact that the European territory of some of these powers
18 now under military occupation, and there exists the
danger that change in sovereignty or control of any of
these regions might make them objects of barter or a
battleground for the settlement of differences between
European nations. There also exists the danger that
these regions might be used as a base for the carrying
on of activities of a subversive character in the
American countries.
I cannot too strongly emphasize at this point that
at no time has any American nation had the slightest
thought of taking advantage of the European situation
for the purpose of grabbing territory--quite the contrary.
The thought has been to protect the peace and safety of
this continent.
At the beginning of the meeting at Habana there was
some difference of view as to the modus operandi for
achieving the desired end in relation to the island
possessions.
In certain quarters there was a feeling that 246
until a transfer of sovereignty or control had actually
taken place it would be sufficient to have no more than
a general declaration reasserting the principle of solidarity
and consultation agreed upon at previous conferences. On the
other hand, there was a strong feeling on the part of other
delegations, including that of the United States, that having
in mind the situation now obtaining in Europe, the fact that
a transfer of sovereignty might be made overnight, with or
without formality, and that activities in these regions
detrimental to the peace and safety of the Americas might
be begun momentarily, it was necessary to formulate at this
meeting definite methods of procedure to cope with any
situation that might thus arise. It was realized that
provision should be made for prompt action in any emer-
gency situation and that delay pending later consultation
might be disastrous to the maintenance of peace and order
in the Western Hemisphere. Happily, such differences of
view as at first appeared to exist were reconciled, with
the result that the Meeting of the Foreign Ministers has
unanimously agreed upon two documents designed to take
care of any situation that may arise. These documents
consist of (1) a Convention, and (2) a Declaration and
Resolution, referred to as the Act of Habana.
The Convention contains definite provisions for the
administration of any region which it may be found necessary for the American Republics to administer. It has the
twofold purpose of protecting the peace and safety of the
American Republics, and of safeguarding and advancing the
interests and welfare of the inhabitants of the region.
The administration, which will be under an "InterAmerican Commission of Territorial Administration", is
to be provisional in character and is to continue only
until such time as the region 18 in a position to govern
itself or is restored to its former status--whenever the
latter is compatible with the security of the American
Republics--whichever of these alternatives shall be found
to be the more practicable and just.
The Convention condemns all violence, whether under
the form of conquest, of stipulations imposed by belligerents
in treaties, or by any other process, and states that no
transfer or attempt to transfer or to acquire any interest
or right in any such region shall be recognized or accepted
by the American Republics, regardless of the form that may
be employed to attain such purposes.
Temporary provisions in the Act of Habana are designed
primarily to cover situations that may arise prior to the
coming into force of the Convention which will require
ratification by the various governments. They authorize
the creation of an emergency committee composed of a
representative of each of the American Republics, which
is to be regarded as constituted when two-thirds of the
members shall have been appointed. The appointments are
to be made promptly. Should the Committee be under the
necessity of administering any region before the effective
date
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date
of of
the
visions
theConvention,
Convention.it will utilize the applicable proThe Act also recognizes the possibility of energency
situations and the right of any of the American Republics,
acting singly or jointly with others, to proceed in any
manner required in its own defense or in the defense of
the continent. If action is taken 8.8 an emergency measure,
the matter is to be placed before the committee as soon as
practicable in order that it may adopt appropriate measures.
The spirit of unity and solidarity has been likewise
strengthened by the action of the conference on pro jects
the attitude toward propaganda designed on the one hand
to stir up dissension .in the Western Hemisphere by beguiling
and misleading the people, and, on the other hand, to intimidate them by express or implied threats of what may happen
relating to subversive activities. I refer especially to
if the American Republics fail to recognize and to take into
account the foreign purposes and policies of certain foreign
governments. These activities at times have been in the
nature of oral or written representations and at other times
in the form of a promiscuous circulation of literature.
In pursuing these policies, the personnel of diplomatic and
consular missions has been increased out of all proportion
to the needs for legitimate functions of such missions. It
is well known that members of diplomatic missions have
well-recognized functions and that the members of such
missions are clothed with special immunities. When they
engage in activities foreign to those that are recognized,
they abuse their immunities and the government that has
received them may well be concerned.
Likewise, the functions of consular officers are
generally defined in international law and practice and the
officers themselves enjoy certain special consideration by
the local authorities. But when such officials engage in
activities divorced from the customary consular functions,
they abuse the hospitality of the state in which they
serve. That situations of the foregoing character have
developed in many of the American Republica, has been generally
known for some time past.
This Meeting of Ministers of Foreign Affairs has taken
cognizance of these matters in several resolutions, particularly the one relating to Activities Directed From Abroad
Against Domestic Institutions and that relating to InterAmerican Development of Standards on Diplomatic Officers.
The first-mentioned resolution recites that the American
Republics have equal concern and equal responsibility for
the preservation of peace and security of this hemisphere,
and that each shall adopt all necessary measures to prevent
and suppress activities directed, assisted or abetted by
foreign governments or foreign groups or individuals which
tend to subvert the domestic institutions or to foment
disorder in the internal political life of the Americas.
It also provides for immediate consultation in the event
that the peace of any of the American Republics is menaced
by such activities, and for a full interchange of information
regarding subversive activities within their respective
jurisdictions.
In
In a word, there is in the resolution a definite
recognition by the American Governments of an intrusion upon
their hospitality and a disregard of their desire to live
in peace, freed from systems of government and of international policies which are foreign to the precepts of free
and liberal institutions upon which the democracies of this
hemisphere are based. The Habana Meeting recognized the
common interest of all of the American Republica in these
matters and showed determination to maintain a solid front
against any incursions.
The resolution concerning improper activities of
diplomatic and consular agencies sets forth the underlying
principles relating to the functions of such missions and
calls upon the respective governments to take action to
prevent and suppress such activities.
In these as in other matters of a kindred character,
discussed and acted upon by the conference, there has been
demonstrated not only a desire but a zeal and determination
to face movements of a subversive character with a solid
and united front. The American Republics have resolved
that the political institutions and aggressive practices
of other nations shall not be imposed upon the free and
independent peoples of this hemisphere.
In the economic field, too, we set out to examine together the dangers and difficulties confronting all of the
American nations and to consult as to the best means of
meeting them. The task was approached with a strong con-
viction shared by all that the present state of affairs,
as well as the outlook for the future, imperatively call
for the creation of instrumentalities of economic defense,
that must necessarily gain in effectiveness in proportion
to the degree of common action and cooperative effort which
they represent.
All of our nations are faced today with the distressing
consequences of war-created disruption of world trade.
Surpluses of commodities, the exportation of which 18
essential to the economic life of the American Republice,
have accumulated and continue to accumulate because Europe
at war is unable to absorb them. Their existence is a
matter of serious concern throughout the continent. In
addition, we must envisage the possibility that, after the
termination of hostilities, many important European markets
for these commodities may be directed and controlled by
governments which regard international commerce as an instrument of domination rather than as a means of enabling all
nations to share fully and on a basis of equality in a
mutually beneficial exchange of their surplus products. The
resolution on economic cooperation adopted by the Habana
meeting is designed to create and set into operation machinery
of action to deal with and meet both of these situations.
In that resolution, the twenty-one American Republica
reaffirmed their adherence to liberal principles of international trade--those of equal treatment, of fair practices,
and of peaceful motives. They declared their determinati on
to
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5-
to apply these principles in their relations with each other
as fully as present circumstances permit, and their readiness to conduct trade in accordance with these principles
with any non-American country prepared to do likewise. At
the same time, they announced their purpose "to devise and
apply appropriate means of effective action to cope with
the difficulties, disadvantages and dangers arising from
the present disturbed and dislocated world conditions. II
It was the unanimous opinion of the Habana meeting that
continuing consultation among the American Republics is
essential to the attainment of these pressing objectives.
Accordingly, it was decided to strengthen and expand the
activities of the existing Inter-American Economic and
Financial Advisory Committee as an agency of such consultation.
The Habana meeting specifically instructed the Committee
to proceed at once with the preparation of detailed plans
for cooperative temporary handling and orderly marketing of
existing and prospective surpluses; for the development,
where feasible, of commodity production and marketing agreements and arrangements; and for the promotion, among the
American nations, of mutually beneficial trade. The Committee
was also instructed to devise methods of increasing consumption in the American Republics, through relief and in other
ways, which would aid in the disposal of surplus commodities.
Finally, the Committee was instructed to consider, while
these measures and plans are being developed, the possibility
of a broader system of Inter-American cooperative organization
in matters of trade, credit, money, foreign exchange, etc.
Some of the measures proposed can be put into operation
very quickly. Some will require a certain amount of time for
the maturing and execution of appropriate plans. Taken in
its entirety, the program of action which is envisaged is
flexible enough to apply to any emergency, and effective
enough to make it possible for each of the American Republics
to meet more fully the difficulties resulting from war-
disrupted trade and to safeguard itself from possible dangers
of economic subordination from abroad.
It is a system of economic defense, under which the
American Republics will be prepared to trade with any
nation willing to meet them in good faith, in a spirit of
friendly and peaceful purpose, and on a plane of frank and
fair dealing; and under which they will be fully equipped
to protect themselves against any other kind of dealing.
300
DEPARTMENT OF STATE
FOR THE PRESS
August 4, 1940.
No. 367
CONFIDENTIAL RELEASE FOR PUBLICATION IN THE AFTERNOON NEWS--
PAPERS OF TUESDAY, AUGUST 6th, 1940, WHICH DO
NOT APPEAR ON THE STREETS BEFORE
9:00 A.M., E.S.T., TUESDAY, AUGUST 6th, 1940.
NOT TO BE PREVIOUSLY PUBLISHED, QUOTED FROM,
OR USED IN ANY WAY.
STATEMENT BY THE HONORABLE CORDELL HULL, 'SECRETARY OF STATE.
The strong belief of the representatives of the twentyone American nations at the recent Habana Meeting was that
the military and other sinister activities on the part of
some nations in other large areas of the world present real
possibilities of danger to the American Republics. It was
universally recognized that a threat to any important part
of the Americas means a threat to each and all of the
American nations. It was, therefore, agreed that full and
adequate preparations for continental defense could not be
taken too soon if the threatened danger from abroad was to
be checked and terminated. It was also the unanimous view
at Habana that the prompt strengthening of unity and
solidarity for the purpose of continontal defense and for
its implementation by concrete programs supported by the
twenty-one nations was indispensable to the safety,
security,
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security, peace and welfare of this hemisphere.
There was general agreement that if the peaceful
nations of Europe had thus promptly organized themselves
for self-defense on the most effective cooperative basis,
the chances are that their situation and that of Europe
would be vastly different today. Instead, many of those
countries complacently relied upon utterances of peaceful
purpose and upon their own neutrality to safeguard them
against the mighty forces of invasion, conquest, and
destruction. Some of them have been overrun and destroyed
by the ruthless invader. Their fate should be a tragic
lesson to us.
The vast forces of lawlessness, conquest and de-
struction are still moving across the earth like a savage
and dangerous animal at large. By their very nature,
those forces will not stop unless and until they recognize
that there exists unbroakable resistance.
At Habana we forged new instrumentalities of con-
tinental defense. These will be of vast importance to our
nation and to every American nation. But there are other
and immense tasks still before us.
I would greetly prefer to say that we are safe in
this country and in this Hemisphere from outside danger.
But I am firmly convinced that what is taking place today
in many areas of the earth is a relentless attempt to
transform the civilized world as we have known it into a
world in which lawlessness, violence and force will reign
supremo, as they did a thousand years ago. The people of
this country cannot recognize too soon this fact and its
overwhelming significance for our national safety and for
the maintenance of our national institutions.
The
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The one and only sure way for our nation to avoid
being drawn into serious trouble or actual war by the
wild and destructive forces now abroad elsewhere in the
world, and to command respect for its rights and interests
abroad, is for our people to become thoroughly conscious
of the possibilities of danger, to make up their minds
that we must continue to arm and to arm to such an extent
that the forces of conquest and ruin will not dare make
an attack on us or on any part of this hemisphere. To
this end, each citizen must be ready and willing for real
sacrifice of time and of substance, and for hard personal
service. In the face of terrific problems and conditions,
and until the present serious threats and dangers have
disappeared, we cannot pursue complacently the course of
our customary normal life.
I feel constrained thus to offer my views in the
light of what is already a dangerously widespread movement
for world conquest and for the destruction of most of the
worthwhile things which civilization has given the human
race.
303
ADDRESS OF THE PRESIDENT DELIVERED
FROM THE PRESIDENT'S TRAIN AT
DAYTON, OHIO, OCTOBER 12, 1940.
1650
My friends of the Americas:
It is no mere coincidence that this radio broadcast
to the entire Western Hemisphere -- North America, Central
America and South America -- should take place on the anniversary of Christopher Columbus' discovery of the New World.
No day could be more appropriate than this day on which we
celebrate the exploits of the bold discoverer.
Today, all of us Americans of North and Central and
South America, join with our fellow citizens of Italian descent to do honor to the name of Columbus.
Many and numerous have been the groups of Italians
who have come in welcome waves of immigration to this hemi-
sphere. They have been an essential element in the civilization and make-up of all of the twenty-one Republics. During
these centuries Italian names have been high in the list of
statesmen in the United States and in the other Republics -and in addition, those who have helped to create the scientific
contercial, professional and artistic life of the New World.
The Americas have excelled in the adventure of many
races living together in harmony. In the wake of the discoverers came the first settlers, the first refugees from Europe.
They came to plough new fields, build new homes, establish a
new society in a new world. Later, they fought for liberty.
lien and women of courage, of enterprise, of vision, they knew
what they were fighting for; they gained it -- and thereby
"gave hope to all the world for all future time".
They formed, here in the Western Hemisphere, a new
human reservoir, and into it has poured the blood, the culture,
the traditions of all the races and peoples of the earth.
To the Americas they came -- the "passes yearning to be free" -the ;ultitudes brought hither out of many kindreds and tongues",
cherishing common aspirations, not for economic betterment alone,
but for the personal freedoms and liberties which had been
denied to them in the 016 World.
They came not to conquer one another but to live with
another. They proudly carried with them their inheritance
one of culture, but they cheerfully left behind the burden of
prejudice and hatred.
In this New World were transplanted the great cultures
of Spain and Portugal. In our am day the fact is that a world great
part of the Spanish and Portuguese culture of the entire
now comes from the Americas.
It is natural that all American citizens from the many
of the Old World should kindly remember the lands where
nations their ancestors lived, and the great attributes of the American old civili-
zation in those lands. But in every single one of the of these
the first and final allegiance and loyalty in which
Republics, citizens, almost without exception, is to the Republic
they live and move and have their being.
For when our forefathers cane to these shores, of they
with determination to stay and to become citizens
care the now World. a As it established its independence, they wanted
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to become citizens of America -- not an anglo-Saxon America,
nor an Italian, nor a Gernan, nor a Spanish, nor a Portuguese -but just citizens of an independent nation of America.
Here, we do not have any dual citizenship. Here, the
descendants of the very same races who had always been forced
to fear or hate each other in lands across the ocean, have
learned to live in peace and in friendship.
No one group or race in the New World has any desire
to subjugate the others. No one nation in this hemisphere has
any desire to dominate the others. In the Western Hemisphere
no nation is considered a second class nation. And that is
something worth remembering.
We know that attempts have been made -- we know that
they will continue to be made -- to divide these groups within
a nation, and to divide these nations among themselves.
There are those in the Old World who persist in believing that here in this new hemisphere the Americas can be
torn by the hatreds and fears which have drenched the battle
grounds of Europe for so nany centuries. Americans as individuals, American Republics as nations, remain on guard against
those who seek to break up our unity by preaching ancient race
hatreds, by working on old fears, or by holding out glittering
promises which they know to be false.
"Divide and conquer" has been the battle-cry of the
totalitarian powers in their war against the democracies. It
has succeeded on the continent of Europe for the moment. On our
continents it will fail.
We are determined to use our energies and our resources
to counteract and repel the foreign plots and propaganda -- the
whole technique of underground warfare originating in Europe and
now clearly directed against all the Republics on this side of
the ocean.
That propaganda repeats and repeats that democracy is
a decadent form of government. They tell us that our old demo-
cratic ideal, our old traditions of civil liberties, are things
of the past.
We reject this thought. We say that we are the future.
We say that the direction in which they would lead us is backward, not forward -- backward to the Sondage of the Pharoahs,
backward to the slavery of the Middle Ages.
The conmand of the democratic faith has been ever onward
and upward. Never have free men been satisfied with the mere maintenance of any status quo, however comfortable or secure it may
have seemed at the moment.
We have always hold to the hope, the belief, the con-
viction that there is a better life, a better world, beyond the
horizon.
That fire of freedom was in the eyes of Washington,
and Bolivar, and San Martin, and Artigas, and Juarez, and
Bernardo O'Higgins, and all the brave, rugged, ragged men who
followed them in the wars of independence.
That fire burns now in the eyes of those who are
fighting for freedom in lands across the sea.
305
On this side of the ocean there is no desire, there will
be no effort, on the part of any one race, or people, or nation, to
control any other. The only encirclement sought is the encircling
bond of good old fashioned neighborly friendship. So bound together,
we are able to withstand any attack from the east or from the west.
Together we are able to ward off any infiltration of alien political
and economic ideas which would destroy our freedom and democracy.
When we speak of defending this Western Hemisphere, we are
speaking not only of the territory of North, Central and South America
and the immediately adjacent islands. the include the right to the
peaceful use of the Atlantic and lacific Oceans. That has been our
traditional policy.
It is a fact, for example, that as far back as 1798 the
United States found that its peaceful trade and commerce with other
parts of the Americas were threatened by armed privateers sent to
the West Indies by nations then at war in Europe. because of this
threat to peace in this Homisphere of ours, the United States Ships
"Constellation," "Constitution," "United States, and many others were
fitted out; and they drove the armed vessels of Europe out of the
waters to the south of us, and made commerce between the Americas
once more peaceable and possible.
No of the Americas still consider that this defense of
these ocoans of the Western Honisphere against acts of aggression
is the first factor in the defonse and protection of our own ter-
ritorial integrity. T/e reaffirm that policy, lest there be any
doubt of our intention to maintain it.
There are some in every single one of the twenty-one
American Republics who suggest that the course the Americas are
following is slowly drawing one or all of us into war with some
nation, or nations, boyond the seas.
The clear facts have boon stated over and over again.
This country wants no war with any nation. This hemisphere wants
no war with any nation. The American Republics are determined to
work in unity for peace just as we work in unity to defend ourselves
from attack.
For many long years every ounce of energy I have had has
been devoted to keeping this nation and the other Republics at peace
with the rost of the world. That is what continues uppernost in
my mind today -- the objective for which I hope and work and pray.
We arm to defend ourselves. The strongest reason for
that is that it is the strongest guarantee for peace.
The United States of America is mustering its men and
resources, arming not only to defend itself, but, in cooperation
with the other American Republics, to help defend the whole
homisphere.
We are building a total defonse on land and sea and in
the air, sufficient to rapol total attack from any part of the world.
Forewarned by the deliberato attacks of the dictators upon free
peoples, the United States, for the first time in its history, has
undertaken the mustering of its mon in peace time. Unprecedented
dangers have caused the United States to undertake the building of
navy and an air forco sufficient to defend all the coasts of the
Americas from any combination of hostile powers.
We have asked for, and wo have received, the fullest
cooporation and assistance of industry and labor. All of us are
speeding the properation of adequate defense.
And we are keeping the nations of this homisphere fully
advised of our defonse proparations. No have welcomed the
military missions from neighboring republics; and in turn
a
306
-4our own military experts have been welcomed by them. We intend
to encourage this frank interchange of information and plans.
We shall be all for one and one for all.
This idea of a defense strong enough and wide enough to
cover this half of the world had its beginnings when the Government
of the United States announced its policy with respect to South
America. It was the policy of the good neighbor, the neighbor who
knew how to mind his own business, but was always willing to lend a
friendly hand to a friendly nation which sought it, the neighbor who
was willing to discuss in all friendship the problems which will
always arise between neighbors.
From the day on which that policy was announced, the
American Republics have consulted with each other; they have peace-
fully settled their old problems and disputes; they have grown closer
and closer to each other; until at last in 1938 at Lima, their unity
and friendship were sealed.
There was then adopted a declaration that the New World
proposed to maintain collectively the freedom upon which its strength
had been built. It was the culmination of the good neighbor policy,
the proof of what was said by that famous Argentinian of Italian birth,
Alberdi - "The Americas are a great political system: the parts draw
life from the whole; and the whole draws life from its parts".
Through the acquisition of eight naval bases in territories of the British Empire lying within the sphere of the New
World, from Newfoundland to Guiana, we have increased the immediate
effectiveness of the great navy which we now have and of the greater
navy we have under construction. These bases were acquired by the
United States; but not for the protection of the United States alone.
They were acquired for the protection of the whole Western Hemisphere.
The unity of the American Republics was proven to the world, when
these naval bases were promptly opened by the United States to the
other Republics for cooperative use. In that act was typified the
good neighbor conception of hemispheric defense through cooperation
by and for all of us.
American radio stations will play their part in the new
unity which has been built so solidly between the American nations
during the past eight years. They must be effective instruments
for the honest exchange and communication of ideas. They must never
be used as stations in other lands are used, to send out on the same
day one false story to one country, and a different false story to
another.
The core of our defense is the faith we have in the institutions we defend. The Americas will not be scared or threatened
into the ways the dictators want us to follow.
No combination of dictator countries of Europe and Asia
will halt us in the path we see ahead for ourselves and for democracy.
No combination of dictator countries of Europe and Asia
will stop the help we are giving to almost the last free people
fighting to hold then at bay.
Our course is clear. Our decision is made. We will continue to pile up our defense and our armaments. We will continue
to help those who resist aggression, and who now hold the aggressors
far from our shores. Let no American in any part of the Americas
question the possibility of danger from over seas. Why should we
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-5accept assurances that we are immune? History records that not
long ago those same assurances were given to the people of Holland
and Belgium. and Norway.
It can no longer be disputed that forces of evil which are
bent on conquest of the world will destroy whomever and whenever they
can destroy. We have learned the lessons of recent years. We know
now that if we seek to appease them by withholding aid from those
who stand in their way, we only hasten the day of their attack upon us.
The people of the United States, the people of all the
Americas, reject the doctrine of appeasement. They recognize it
for what it is -- a major weapon of the aggressor nations.
I speak bluntly. I speak the love the American people
have for freedom and liberty and decency and humanity.
That is why we arm. Because, I repeat, this nation wants
to keep war away from these two continents. Because we all of us
are determined to do everything possible to maintain peace on this
hemisphere. Because great strength of arms is the practical way of
fulfilling our hopes for peace and for staying out of this war or
any other war. Because we are determined to muster all our strength
so that we may remain free.
The men and women of Britain have shown how free people
defend what they know to be right. Their heroic defense will be
recorded for all time. It will be perpetual proof that democracy,
when put to the test, can show the stuff of which it is made.
I well recall during my recent visit to three great capi-
tal cities in South America, the vast throngs which came to express
by their cheers their friendship for the United States. I especially
remember that above all the cheers I heard one constant cry again
and again -- one shout above all others: "Viva la Democracia" "Long live democracy"1
Those three stirring words cry out the abiding conviction
of people in all the democracies that freedom shall rule in the land.
As I salute the peoples of all the nations in the western
world, I echo that greeting from our good neighbors of the Americas:
"Viva la democracia" - "Long live democracy"1
DEPARTMENT OF STATE
FOR THE PRESS
308
JULY 22, 1940
No. 353
CONFIDENTIAL RELEASE FOR PUBLICATION WHEN SECRETARY HULL
STARTS TO SPEAK IN HABANA, WHICH IS EXPECTED TO
BE APPROXIMATELY 4 P.M. E.S.T. MONDAY,
JULY 22, 1940. PRESS ASSOCIATIONS WILL FLASH
THE MOMENT THE SECRETARY BEGINS TO SPEAK.
ADDRESS OF THE HONORABLE CORDELL HULL, SECRETARY OF
STATE AND DELEGATE OF THE UNITED STATES TO THE SECOND
MEETING OF THE FOREIGN MINISTERS OR THEIR REPRESENTATIVES
OF THE AMERICAN REPUBLICS AT HABANA, CUBA, MONDAY,
JULY 22, 1940.
Mr. Chairman, Fellow-Representatives of the American Republics:
Permit me, first of all, to express my deep personal
pleasure in setting foot once more on the soil of the great
nation whose guests we are at this time. Forty years have
passed since my first visit to these shores, when I had the
honor to serve with my regiment in the cause of Cuba's
liberation. I doubly welcome the present opportunity to
re-visit this country--both because of the personal gratification which it affords me and because of the vital importance
of the purpose which has brought us together in this beautiful
city of Havana.
We are here as representatives of the twenty-one free and
independent American Republics. We meet when world conditions
are perhaps graver than they have ever been before. Our purposc is to devise concrete measures by which a number of
pressing problems may be met. Our objective is to safeguard
the independence, the peace and the well-being of the American
Republics.
For nearly a year now, a new major war has raged, with
increasing fury, over important areas of the earth. It came
as a culmination of a process of deterioration of international
conduct
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309
conduct and international morality, extending over a period
of years, during which forces of ruthless conquest were
gathering strength in several parts of the world.
These forces, now at work in the world, shrink from no
means of attaining their ends. In their contempt for all
moral and ethical values, they are bent on uprooting the very
foundation of orderly relations among nations and on subverting,
undermining and destroying existing social and political institutions within nations. They have already left in their wake
formerly sovereign nations with their independence trampled
into dust and millions of proud men and women with their
liberties destroyed.
Our American Republica had no part in kindling the tragic
conflagration which has thus been sweeping across the world.
On the contrary, severally and jointly, we did everything in
our power to stay its outburst. Once the conflict had begun,
we did everything we could to limit it s spreading. But it has
been increasingly clear that in the vast tragedy which has
befallen large portions of the earth there are dangers to
the American nations, as well, which it would be suicidal not
to recognize in time and not to prepare to meet fully and
decisively.
It has been increasingly clear that our nations must not
have done to their mortal rrow--regarding the possibility
of attack against them from without or of externally directed
attempts from within to undermine their national strength and
to subvert their cherished social and political institutions,
or both. Too many nations have only recently paid a tragic
price for confidently placing reliance for their safety and
security solely upon clearly expressed desire to remain at
blind themselves into fatal complacency &B so many nations
peace, upon unequivocally proclaimed neutrality, upon scrupulous avoidance of provocation. Conquerors, invaders, and
destroyers ignore or brush aside reasons such as those.
Looming ominously on our horizon is the danger that
attempts may be made to employ. against our nations, too, the
same means of subordinating their destinies to control and
dictation from abroad that have already been notoriously
employed elsewhere against numerous other countries. We must
recognize the serious possibility that no effort or method
may be spared to achieve, with respect to some of us, economic
domination and political penetration, and to BOW, among our
nations, the seeds of suspicion, dissention and discord--the
frequent prelude to even more menacing action.
Lest our nations, too, suffer the fate that has already
befallen so many other peace-loving and peace-seeking nations,
wisdom and prudence require that we have in our hands adequate
means of defense. To that end, in the face of common danger,
our nations are already working together, in accordance with
their firmly established practice of free consultation among
equals and of voluntary co-operation with regard to problems
which are of common concern to all of us. It is to examine
such
43-
310
such of these problems as are immediately pressing and to seek
for them most effective solutions that the representatives of
the twenty-one American Republics have come together at this
time.
I.
I should like to consider first the situation which con-
fronts us in the economic sphere.
The war now in progress has brought with it a disruption
in the channels of international commerce and a curtailment
of foreign markets for the products of the Western Hemisphere.
This has meant to many American nations a 'diminution of foreign
exchange resources and a loss of purchasing power sufficiently
serious to place severe strains on their national economies.
In some cases, stagnant surpluses of commodities, the exporta-
tion of which is essential to the economic life of the
countries concerned, have accumulated and continue to accumulate. Their existence is a matter of present and future concern to farmers, workers, business men, and governments
thro ughout the continental area.
We must assume that these difficulties will continue
certainly as long as the war exists. We must anticipate that
these problems, and possibly others, will continue for some
time after the war ends.
If the standards of living of the Americ an peoples are
be maintained at levels already achieved, and particularly
if they are to be raised in accordance with the legitimate
aspirations of these peoples, production and distribution
must expand, not only in this Hemisphere, but throughout the
world. This same condition is essential to the well-being
to
of all other areas. For no nation or group of nations can
hope to become or to remain prosperous when growing poverty
stalks the rest of the earth.
Under existing conditions, the problem is singularly
pressing. Though war now is in progress, we must contemplate
its eventual end. At that time, perhaps 80 millions of people
in Europe, and many millions in other parts of the world, who AVO
been entirely engaged in war work, must find a new place for
themselves in the economics of peace. At the same time, it
1s to be assumed that, once the pressures of war are ended,
there will be a general demand that reasonable conditions of
life may be restored. To effect this transition, and to
supply the world with what it then needs, will necessitate a
great increase in production, distribution. and exchange of
goods. Failure to achieve this can only mean that the tragedy
of war would be followed by the still greater horror of disintegration in great areas.
It is
plain that international commerce is
indispensable if economic rehabilitation is to be achieved.
It 1s also plain that the only available means of doing this
is
311
is to resume, as soon as circumstances permit, the normal
currents of world trade. I have no doubt that the American
Republics are ready and indeed anxious to do their part in
bringing this about; though the extent to which we can thus
play our part must depend materially on the economic methods
and policies pursued by other countries.
We are confronted with two opposite trading methods.
Open trade, freed as rapidly as may be practicable from the
obstruction and regimentation of excessive restrictions, can
accomplish the necessary task. Prosperity for the American
Republics or for any part of the world cannot be achieved-even the necessities of the war-torn areas of the carth
cannot be met--by regimented or restricted trade, especially
directed under a policy of national or regional autarchy.
We recognize the need for a transition period; but we are
convinced that there can be only one satisfactory permanent
policy.
We have long known from experience that international
trade inevitably declines in volume and usofulness when it
1s conducted on a basis of exclusive bilateralism, or is
pressed to unfair advantage, or is used to attempt economic
domination. Eventually, such methods destroy the trade and
the trader alike. In the present situation, they are totally
unable to provide that volume and distribution of goods which
alone can save great areas from intense distress. Only where
equal treatment, fair practices, non-discrimination and
peaceful motives lie beneath trade, can it develop to the
degree needed to rehabilitate a shattered world and to provide a foundation for further economic progress.
Today, in spite of what has oc curred in other parts of
the world, the American nations continue to adhere to liberal
trade principles and are applying them in their relations
with each other as fully as the present state of affairs
trade with the entire world on this basis as rapidly as other
nations are willing to do likewise.
permits. They should be prepared to resume the conduct of
In the meantime, the American nations must and should do
everything in their power to strengthen their own economic
position, to improve further the trade and other economic
relations between and among themselves, and to devise and
apply appropriate means of effective action to cope with the
difficulties, disadvantages and dangers of the present disturbed and dislocated world conditions. To accomplish these
purposes, the nations of the Western Hemisphere should undertake the fullest measure of economic cooperation, so designed
and so conducted as to serve the best interests of each nation
and to bring injury to none.
Progress has already been made toward the forging of
new tools to carry out certain phases of economic cooperation
on an inter-American basis. The Inter-American Financial and
Economic Advisory Committee, which was established last
November pursuant to a resolution of the Panama Meeting, has
proven
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proven itself to be an efficient body for considering and
working out such mechanisms. It has recently created the
Inter-American Development Commission to carry out the work
of planning and promoting the development of new productive
facilities in the American Republics. In addition, it
prepared the framework for the establishment of an InterAmerican Bank to foster cooperation in the spheres of longterm development and of money and foreign exchange. The
Government of the United States is taking steps to implement
the Inter-American Bank Convention and urges that the Governments of the other American Republics give their cooperation
so that this important institution may be placed into opera-
tion as rapidly as possible.
Useful as these organizations can be in the long run,
there remains the immediately prescing situation confronting
the American Republics as a result of the curtailment and
changed character of important foreign markets. Fully
realizing that under prosent disturbed conditions no nation
can expect to maintain a normal economic situation, and in
order to meet the emergencies which confront their nations,
the Governments of the American Republics, it is believed,
should give consideration to the following program of
immediate cooperative action:
1. Strengthening and expansion of the activities
of the Inter-American Financial and Economic Advisory
Committee as an instrument for continuing consultation
with respect to trade matters, including especially
the situation immediately confronting the American
Republics as a result of the curtailment and changed
character of important foreign markets.
2. Creation of facilities for the temporary handling
and orderly marketing of accumulated surpluses of those
commodities which are of primary importance to the maintenance of the economic 11fc of the American Republics,
whenever such action becomes necessary.
3. Development of commodity agreements with a view
to assuring equitable terms of trade for both producers
and consumers of the commodities concerned.
4. Consideration of methods for improving the
standard of living of the peoples of the Americas,
including public health measures, nutrition studies,
and suitable organizations for the relief distribution
of some part of any surplus conmodities.
The Government of the United States of America has already
utilized its existing agencies to enter into nutually advantageous cooperative arrangements with a number of American
Republica in connection with programs for the development of
their national economics and by way of assistance to their
central banks in monetary and foreign exchange matters.
It
318
It 1s now taking steps which will make possible the
extension of both the volume and character of the operations
of such agencies. When these steps have been completed, the
Government of the United States of America will be in a
position to expand its cooperative efforts with other
American nations in the fields of long-term development and
of monetary and exchange matters.
It will also be able to participate in immediate joint
action with other nations of this Hemisphere to meet pressing trade situations which may arise before the program
outlined has come into operation.
Finally, it will be enabled to enter effectively into
the cooperative program as it proceeds, assisting in the
temporary handling and orderly mark ting of the important
commodities of the Hemisphere; implementing, on its part,
the commodity agreements which are developed; and carrying
out other operations involving such export products.
While the proposed measures are being developed, con-
sideration should be given to the desirability of a broader
system of inter-American cooperative organization in trade
matters to complement inter-American cooperative organizations in the field of long-term economic development and of
money and foreign exchange.
By helping each other, by carrying out with vigor,
determination and loyalty whatever decisions are reached,
the American nations can build a system of economic defense
that will enable each of them to safeguard itself from the
dangers of economic subordination from abroad and of economic
distress at home. It 1s no part of our thought to obstruct
in any way logical and natural trade with Europe or with any
other portion of the world, but rather to promote such trade
with nations willing to meet us, in good faith, in a spirit
of friendly and peaceful purpose, and on a plane of frank
and fair dealing. Against any other kind of dealing, we
naturally will protect ourselves.
II.
The solution of our economic problems alone is not enough
to preserve the peace and security of this Homisphere. There
exist also other problems, which are of an altogether different
character but the solution of which is of no less importance
to our freedom and independence.
I refer to the threat to our security arising from
activities directed from without the Hemisphere but which
operate within our respective borders. A new and evil
technique has been invented which seeks by devious methods
to corrupt the body politic in order to subject it to alien
purposes. With cynical effrontery, sanctuary within the
generous citadels of free speech and freedom of assembly is
demanded by agents whose masters would obliterate those
institutions and foment instead dissension, prejudice, fear,
and hatred.
Make
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314
Make no mistake concerning the purposes of this sinister
campaign. It is an attempt to acquire domination of the
interest. Already we have seen the tragic results abroad
when governmental structures have been undermined and the
fabric of established institutions riddled by the termites
American Republics by foreign governments in their own
of alien propaganda.
We long ago recognized the source and extent of this
infection and have already taken some steps to eradicate it.
At Lima we declared that it was incompatible with the sovereignty of any American Republic that persons or groups within
our countries should be controlled by any outside government
for its own purposes. It is now urgently incumbent upon us
to take decisive remedial action to the end that the independence and political integrity of each of the American
Republics may be fully safeguarded.
To this no friendly government can legitimately object.
The inter-American system carries no implication of aggression
and no threat to any nation. It is based solely on a policy
integrity of each of the American nations. It implies no
of self-defense, designed to preserve the independence and the
hegemony o'n the part of any member of the inter-American
group; but it equally rejects the thesis of hegemony by anyone
else. It resembles in no way regional policies recently pursued in other parts of the world, which pretend to invoke our
inter-American system as precedent. The difference is that
our sole purpose is self-defense, while these other policies
seem instead to be pretexts for conquest by the sword, for
military occupation and for complete economic and political
domination of other free and independent peoples.
III.
There are other pressing political problems arising out
of the vast changes which have taken place on the continent
of Europe. The principles on which we act with respect to
these problems have been forged by the American Republics
through years of discussion and practice. They are applied
entirely thout discrimination, solely for the purpose of
assuring that the security of the American Hemisphere shall
not be impaired by the repercussions of warfare elsewhere.
Specifically, there is before us the problem of the
status of European possessions in this Hemisphere. These
geographic regions have not heretofore constituted a menace
to the peace of the Americas; their administrations were
established, for the most part, many generations ago and,
in our time, have acted as congenial neighbors. We have no
desire to absorb these possessions or to extend our sovereignty over them, or to include them in any form of sphere
of influence.
We could not, however, permit the se regions to become
subject of barter in the settlement of European differences,
or a battleground for the adjustment of such differences.Either
a
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Either situation could only be regarded as a threat to the
peace and safety of this Hemisphere, as would any indication
that they might be used to promote systems alien to the interAmerican system. Any effort, therefore, to modify the eristing status of these areas-whether by cession, by transfer,
or by any impairment whatsoever in the control heretofore
exercised--would
be of profound and immediate concern to all
the
American Republics.
It is accordingly essential that we consider a joint
approach to this common problem. We must be in a position
to move rapidly and without hesitation.
It has been suggested that our action take the form of
the establishment of a collective trusteeship, to be exercised in the name of all of the American Republics. The
Government of the United States endorses this suggestion
and
is prepared to cooperate, should occasion arise, in its
execution.
The establishment of a collective trusteeship for any
region must not carry with it any thought of the creation
of a special interest by any American Republic. The purpose
of a collective trusteeship must be to further the interests
and security of all of the American nations, as well as the
interest of the region in question. Moreover, as soon as
conditions permit, the region should be restored to its
original sovereign or be declared independent when able to
establish and maintain stable self-government.
IV.
Seldom has a meeting of friendly nations opened in an
atmosphere of more widespread misconception and more flagrant
misrepresentation as to its aims and purposes than have
emanated in recent weeks, from responsible and irresponsible
quarters, in connection with this meeting.
We have met to consult together regarding our own pressing problems. We covet nothing anywhere in the world. We
are free from the spirit of enmity towal t any nation. But
we cannot fail to be acutely conscious of the dangers which
confront us as a result of present world CL ditions and
against which we are taking and intend to ta 9 fully adequate
measures of defense. National life itself toway imposes as
an absolute obligation the will to national defense, should
national institutions or integrity ever be threatened.
Achievement of this requires that we call out anew the end-
less energy, the complete spirit of sacrifice, the iron will,
which characterized the pioneers, the liberators, and the
defenders, to whom we owe our present freedom. Let no man 40y
ictin the world of today any nation not willing to defend
itself is safe. The fortitude and resolution of our fore-
fathers won for us our free institutions. W.c proudly have
inherited them, and proudly are prepared to maintain them.
At
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At the same time, while meeting the imperative needs
of emergency conditions we must--and, I am certain, we will-continue our abiding faith that what is happening today is
but a temporary interruption in the progress of civilization.
Mankind can advance only when human freedom is secure; when
the right of self-government is safeguarded; when all nations
recognize each other's right to conduct its internal affairs
free from outside interference; when there exist among nations
respect for the pledged word, determination to abstain from
the use of armed force in pursuit of policy, and willingness
to settle controversies by none but peaceful means; when
international economic relations are based upon mutual benefit,
equality of treatment, and fair dealing.
In 1937, in an attempt to prevent the impending catastroa communication to all nations, reciting these basic principles
of orderly international relations under the rule of law as the
foundation of its foreign policy and inviting comment thereon.
More than fifty nations expressed on that occasion their belief
phe of a new war, the Government of the United States addressed
in the validity of these principles. At Montevideo, at
Buenos Aires, at Lima, at Pannma, the twenty-one American
Republics proclaimed their acceptance.
I am confident that, so oner or later, the entire world
must return to a system of international relations based on
those principles. They are the only possible foundation
stones of an organized society assured of enduring pence and
of sustained prosperity. The price of their abandonment is
the chaos of international anarchy and the inexorable impoverishment of nations and individuals, such as we witness today
in Europe and in Asia.
In a system of cooperative peace such as we envisage
there is no exclusion. Its underlying principles are universal in their applicability; they can be accepted by all
nations to the benefit of each and all; they must be accepted
by all, if the light of modern civilization is not to be
extinguished. Any nation which in good faith accepts and
practices them automatically shares in the vast benefits they
confer.
At this time, when these principles and these ideals are
being widely challenged, when institutions based on them are
being crushed by force over large areas of the world, it is
doubly essential that our nations keep them alive and rededicate themselves to the cause of their preservation.
It is in this spirit, and in this spirit alone, that the
Government which I have the honor to represent approaches the
tasks that are before our present meeting--in complete confi-
donce that in this vital respect all of the American nations
stand today as united as ever.
317
DEPARTMENT OF STATE
FOR THE PRESS
SEPTEMBER 7, 1940.
No. 403
The Secretary of State yesterday sent the following
instruction to Diplomatic Missions of the United States in
all the other American Republics:
"It is desired that you formelly notify the
Government to which you are accredited that the
United States has acquired the right to lease naval
and air bases in Newfoundland, and in the islands
of Bermuda, the Bahomas, Jamnica, St. Lucia, Trinidad,
and Antigua, and in British Guiana.
"The Government of the United States has taken
this step to strengthen its ability not only to
defend the United States but in order the more
effectively to cooperate with the other American
Republics in the common defense of the hemisphere.
'The resulting facilities at these bases will,
of course, be made available alike to all American
republics on the fullest cooperative basis for the
common defense of the hemisphere and in entire
harmony with the spirit of the pronouncements made
and the understandings reached at the conferences
of Lima, Panama, and Habana."
***
M
318
MEMORANDUM FOR THE SECRETARY.
October 28, 1940.
There have been a few comments on recent statements made by the
Secretary and others in connection with the campaign.
A post card (New York State) says, "Expose Willkie's false
statements from now until election, and you've got him".
A Doctor in Kentucky sends a photostat of a letter from Norman
Thomas stating that while Wendell Willkie never registered as a member
of the Socialist Party, he worked for it and was associated with its
activities as a young man. The writer says, #It seems to me this is
a good campaign argument - Willkie was a Socialist in his 20's, a
Democrat in his 30's, a Republican in his 40's -- the logical next step,
a Dictator".
There are two expressions of disapproval in regard to shipping
food and materials, through General Franco, to Spain. A Clergyman
in Philadelphia writes, "I learn with pain and astonishment of a move-
ment to assist Franco. Do all in your power to fight this plan". And
from New York City a telegram, "The record of the United States in
regard to Spain has been sinful from the start; now governed by a
puppet of Hitler and Mussolini. Under the name of decency, we should
not assist Franco, and through him, the Germans.
A number of letters speak approvingly of giving every possible aid
to Great Britain, or thank the Secretary for what he has already done
in that connection.
statement