Memorandum of Conversation with Secretary of State Dean Acheson, David Bruce, George P. Baker, and J. Paul Barringer

1332 DEPARTMENT OF STATE DRAFT 1018 Memorandum of Conversation 243 ABOTRICTED DATE: 313 INSURED October 12, 1952 SUBJECT: ARCHIVES *NATIONAL SERVICE** RECORDE AND Mexican Air Negotiations = PARTICIPANTS: The Secretary of State The Under Secretary of State Mr. George P. Baker, Consultant, Department of State Mr. J. Paul Barringer, Director, Office of Transport COPIES TO: and Communications Policy, Department of State Suggested distribution: U TRC E AV ARA MID u. S. GOVERNMENT PRINTING OFFICE 16-61120-1 Following the meeting with the President at the White House, the above met in the Secretary's office at about noon. Mr. Baker regretted that he must conclude that he had contributed to the Department all that he could in this matter at this time and that he did not believe that he could serve any useful purpose by representing the President in conjunction with Mr. Stowe at the anticipated meeting with President Aleman. It was his opinion that the Civil Aeronautics Act did not contemplate that determina- tions as to the routes to be flown in international air commerce were to be made by the Chief Executive but rather by the Civil Aeronautics Board and the State Department. However, the courts had so interpreted and had upheld the Chief Executive power to make such determinations, even in contradiction to the advice of the Board and the Department. The F.O. 10501 RESTRECTED