612.119/2994
The Chief of the Division of Mexican Affairs, Department of State (Johnston) to the Second Assistant Secretary of State (Adee)
Dear Mr. Adee: The War Department on its own initiative and without consultation with the Department of State, restricted in 1917 the shipment of arms and ammunition to such dealers at border points as had previously obtained a license from the military authorities.73 The admission is now made by War Department officials, including the Judge Advocate’s office, that no legal justification can be found for the establishment of an inhibited zone on the frontier. The license system was, however, acquiesced in by the dealers so long as the war lasted, but recently the chambers of commerce in American cities along the Mexican frontier have demanded that the zone system be abolished, and have threatened to bring mandamus proceedings to compel common carriers to accept shipments of arms and ammunition consigned to them without any restrictions.
The War Department is desirous of removing the objectionable features of the license system in order to forestall litigation. It is thought that that object can be attained by amending Circular CCS–4074 as proposed in the Supplement attached hereto.75 The concurrence of the Department of State was asked merely as a matter of form. I may add that the War Department has already telegraphed instructions to the Commanding General at San Antonio to modify the regulations in accordance with the spirit of Supplement No. 1 to Circular CCS–40.
- See Foreign Relations, 1917, pp. 1078 ff.↩
- Ante, p. 244.↩
- Not found in Department files; the draft referred to appears to have been returned to the War Department Dec. 16 (file no. 612.119/2975a).↩