The Waterbury Democrat., 1945-05-19

two weeks, Brewster less than four. But whether then Assitant Secre- tary of State Adolf A. Berle, Jr., who was head of the American dele gation and chairman of the confer ence, pulled fast one on the Sen- ators in their absence by commit ting the U. s. delegation to actions beyond conditions imposed by the Senators, is a principal point of con- troversy and 1t is a moot question because the Senators weren't on hand to stop him.
 Senator Bailey at Chicago took the position that any executive agreement on civil aviation had tc be within the bounds of existing law and that If 1t wasn't 1t would have to be submitted to the Senate for ratification as treaty. After ob- taining what he thought was Berle' s agreement to this, Bailey left Chi- cago.
 BUT BERLE WENT
 AHEAD ANYHOW
 After he had gone 1t appeared to Senator Brewster that the U. s. delegation at Chicago - particu- larly Berle was going beyond this limitation. Brewster brought to Bailey in Washington draft of a proposed agreement which exceed- ed his limitation and Bailey wrote back to Berle in Chicago, protest ing. Brewster also filed flve-page protest saying he could not go along with what the U. s. delegation was planning to do.
 Bailey charges that Berle, fearing the whole conference would col- lapse and wanting to salvage as much as he could. proposed the so- called two-freedoms and fve-free- doms agreements. The former pro- yided transit rights for planes of any country signing the agreement to fly over or land for refueling and repair in the territory of any other signing country. The latter provided transport rights to pick up and dis- charge passengers and cargo at any stop along direct route.
 These two controversial docu- ments, plus permanent civil ayia- ton convention setting up an inter- national governing body for post war flying and three-year interim agreement to govern till the perma- nent convention could be put Into operation, represented the work of the Chicago conference which clos- cd December 2.
 AND THEY LEARNED
 IT WAS A TREATY
 Nothing much happened till Feb ruary 8, when Assistant Secretary Of State Dean Acheson came before Senator Baileys Commerce Com mittee to advise that the solicitor Of the State Department confirmed by the Attorney General, had said that the permanent convention was a treaty requiring Senate ratification while the other three documents could be handled as executive agreements
 At the end of four -and-a- half hour executive session, Acheson ask cd Bailey If he intended to request further delay on the interim agree ment and the two-and- free domS agreements.
 Bailey answered that his commit tee Commerce was not pursu- ing policy Of delay on these mat tcrS.
 Acheson then called Senator Con- nally for his opinion. Connally ask cd what Brewster and Bailey had to say and was told that Senator Bailey had been consulted and given his opinion that We had authority 10 make these agreements under the Civil Aviation Act Of 1888"
 Connally then said, "As far as I am concerned, fl this is true. have no objection 10 your proceeding"
 Next day the State Department announced that the President had sent the permanent convention to the Senate .or ratification and had officially accepted the interim agreement and the five freedoms, in effect making them binding on the U. s. government