The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1940-09-03


be settled by the q. s. secretary of
state and the British secretary Of
state for foreign affairs.
201 DestrOyers
The navy now has In commission
201 destroyers, Of which 10 are
World war vessels which were recon.
missioned after the European waJ
emergency began. In addition, the
navy has under contract or being
built 81 more destroyers.
According to naval experts. the old
deStroyers are unsuited to battle duty
but would serve excellently in con.
voys, thus releasing the newer Brit
ish deStroyers, now on convoy, for
defense of the islands against any
German attempt to transport troops
the channel.
Attorney General Jackson's opin-
ion advised that the president has
the power to effect such a transfer
as a result Of two acts Of Congress
and a supreme court decision.
"And any who asert that the au-
thority does not exist" the opinion
read, "must assume the burden Of es-
tablishing that both the Congress
and the supreme court meant some
thing less than the clear import Of
seemingly plain language"
Opinion Cites
The opinion cited section 5 Of the
act of March 3, 1888, under which
Congress placed restrictions upon
methods to be followed by the secre-
tary of the navy in disposing Of naval
vessels.
"But by the last clause Of the sec
ton" the opinion read, ut recognized
and confirmed such q right in the
president free from such limitations.
'Tt 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 writ
ing"
Man OF Opinion
The opinion set forth that ''it is
clear that the Congress did not
intend to prevent the certification
for transfer, exchange, sale Of dis
position of property merely because
it is still used or usuable, or If pos
sible value for future use. The
statute does not contemplate mere
transactions in scrap, yet exchange
or sale except as scrap would hard
" be possible If confined to material
whose usefulness is entirely gone.
It need only be certified as not es-
Sential, and essential, usually the
equivalent Of vital or indispensable
falls far short of used or 'usable."
The opinion further contended that
Congress has not merely authorized
sale Of ships by cash transaction. 1t
also, the Attorney General held, has
authorized equipment to be trans
ferred, exchanged or otherwise dis
posed Of.
The Attorney General advised
that appropriate staff officers may
and should certify under section IL
(A) that ships and material involv-
ed in a sale or exchange are not es-
Sential to defense of the United
States, If in their judgment the con-
summation OF the transaction does
not impair or weaken the total de-
tense Of the United States.
The opinion held that with spec
ific reference to the proposed agree
ment with the government Of Great
Britain for the acquisition Of naval
the chief Of naval operations may.
ami should, certify under section II
(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"