The Waterbury Democrat., 1945-04-21

ton drawn up al the 54-nation conference in Chicago last Fall.
 This G. w. U. Law Review article is something more than just an- other one of the endless series oi long-winded differences of opinion among lawyers. It was written by Arne c. Wiprud, special assistant tc the Attorney General in charge o1 transportation cases for the Anti Trust Division. Wiprud is the man who did much of the spade work for the Department of Justice suit against the western railroads on charges of conspiracy to fix rates For a government attorney in his position to write an opinion that runs counter to the administration policy on handling postwar civil aviation matters is in itself unusual Wiprud makes clear that his opin- ion represents his own views and not those of the Department of Justice. Yet the fact that all articles written by members of the Depart ment of Justice staff must be clear ed before publication gives these views more than passing import ance.
 NO LEGAL BASIS
 FOR EXCHANGE
 "Under existing law" writes Wip- rud at the end of his exhaustive research into all U. s. aviation laws and treaties, ". the conclusion of executive agreements to affect an exchange of operating rights is without legal basis. Such executive agreements, have legal validity, would require the adoption and ra- t1f1cation of & treaty between the governments concerned"
 If the Wiprud argument is correct the White House would have two choices. Either to recall the agree n1ents and send them to the Senate in the form of treaties for ratifica- tion, or else ask Congress for new legislation, an amendment to the Civil Aeronautics Act of 1898 which would give the Administration the power to do what has already been done.
 If the White House and State De- partment maintain their position. then the Senate must either back down, admit it's licked by fait ac- compli, and let the executive end Of the government save its face. Or else the Senate must go into open revolt and refuse to ratify the per- manent convention until the execu- tive agreements are sent to the Sem ate for ratification like treaties. SENATOR BAILEY
 HAS HIS DOUBTS
 Arne Wiprud is not the only law yer in government who takes the view that executive agreements permitting foreign aircraft trans port rights within the United States are not within existing law. Senator Josiah w. Bailey of North Carolina, delegate to the Chicago conference and chairman of the Senate Con- mittee, has testified before the For eign Relations Committee that he believes the intrim agreement and possibly the first four freedoms - covering the right of an airline to fly over foreign territory to land for service. to put down and pick up traffic from and to it's own coun- try-are within existing law.
 But on the fifth freedom Senator Bailey has his legal doubts. This fifth freedom woul dgrant an inter- national air carrier the right to put down or pick up traf11c from and to other countries than its own coun- try and the country to which it was flying.
 T have not been able to find in the law anything that will justify that" Senator Bailey told the For eign Relations Committee, because l can see where American commerce would be shot all to pieces under It."