The daily monitor leader. [volume] (Mount Clemens, Mich.) 1942-19??, 1945-04-27
. BEHIND THE SCENES
IN WASHINGTON .

ON =
requiring it automatically to ap-
prove the application of any
foreign airline wanting to fly
to the United States?
Senator Josiah w. Bailey Of
North Carolina, chairman Of the
Senate Commerce COMMITTEES
and q delegate to the Chicago
civil aeronautics conference last
fall, is of the opinion that the
executive agreements would
destroy the jurisdiction of the
CAB and give that jurisdiction
to the State Department.
FEARS FOR US. AIR
COMMERCE
What particularly bothers
Senator Bailey is the so-called
fifth freedom-the right to pick
up traffic along the route In q
foreign state and carry 1t to an
other foreign state. Under this
policy Senator Bailey believes
US. foreign air commerce
might be "shot all to pieces" so
he considers It bad policy for
the government to pursue. But
his objection to this fifth free
dom is also based on his opinion
that under existing U.s. law,
the Civil Aeronautics Act Of
1888, this government does not
have the power to make any
such agreements with foreign
governments.
Here the argument becomes
something like that old wheeze
about which comes first, the
chicken or the egg.
The Civil Aeronautics Act Ut
1898, which set up the Civil
Aeronautics Board as the gov
erning body over US. civil av-
iation, has three sections which
seem to bear on this issue:
Section 400 says that the Civil
Aeronautics Board shall exam
inc foreign airlines for fitness
as a carrier in the U s. public
interest.
Section 802 says that the De-
partment of State shall advise
and consult with the Civil Aero
nautics Board on any negotia-
tons with a foreign airline for
establishment of a route to this
country. "Advise and consult"
aren't defined, so there Is no
clear-cut responsibility.
Section 1902 says that the
Civil Aeronautics Board, in ex-
ercising its powers, shall do so
consistent with any obligation
assumed by the United States
in any treaty, convention or
agreement.
Apply those stipulations to
the present mix-up and see
where it leaves you:
OBLIGATION IS OFFICIAL
The White House and the De-
partment Of State have put into
effect an executive agreement
granting the airlines Of any for
eign government which also ap-
proves this agreement, the right
to operate in the United States.
That is an obligation on the
United States, and under Sec
ton 1902 the CAB can't do any,
thing inconsistent with that OBJ
legation.
Under this Interpretation
CAB might be reduced to rub
ber-stamping any civil aviation
deals made by the State Depart
ment, the degree Of whose con-
sulting and advising with CAB
isn't prescribed.
But Section 400 says CAB
shall examine all these foreign
airlines in the public interest.
And il establishment of a Brit
ish airline to Australia across
the US. and by way Of Hawaii
were found to be against the
public interest, CAB would be
legally bound to repudiate the
State Departments agreement.
CAB would do this by recon-
mending to the President that
he deny the permit to operate.
The amazing thing about this
whole mix-up Is that Congress
passed the law that way, so It
is now fouled up on the horns
of one of its own bull dilemmas.