Memorandum from Charles Fahy to Secretary of State James Byrnes, with Attachment and Handwritten Note from Secretary of State James Byrnes to President Harry S. Truman

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DEPARTMENT OF STATE THE LEGAL ADVISER January 13, 1947 MEMORANDUM FOR THE SECRETARY: The War Department advises that General Marshall is still on the active list of the Army. Should he qualify as Secretary of State before retiring the result would be vacation of his status in the military service unless Congress previously, by special legislation, permits him to remain on the active list while serving as Secretary of State. I am advised that the War Department is aware of the situation but I thought you should know about it also. The attached memorandum explains the situation more fully. TRENAN ARCHIVES "NATIONAL RECORDS SERVICE" AND = Charen Charles Fahy only Attachment Dran Misideut Sagnic this legislation Le:CF:bms Marshali to as of General his If trig htmish Tadthe him you falk. yatey