612.119/2906

The Secretary of War ( Baker ) to the Secretary of State

TS 523.82–E–Tpn
(General)

The Secretary of War presents his compliments to the Honorable, the Secretary of State, and has the honor to enclose, in connection with his file Me 612.119/2850, four (4) copies of American Railroad Association Circular CCS–40, promulgated to all railroads, on the subject of embargo on shipments of arms and munitions to Mexican border points.

[Enclosure]

Circular CCS–40 of the American Railway Association

To Railroads: In order to comply with the President’s Proclamation of July 12, 1919,71 prohibiting the exportation of arms or munitions of war from the United States to Mexico, and to prevent the indiscriminate sale of arms and other munitions along the border:

1. All railroads will immediately embargo all shipments of arms and ammunition to Mexican Border points except those covered by Government bills of lading; or those that are authorized by proper military authorities, or those that are authorized to be exported into Mexico by a license issued under the authority of the Secretary of State, as provided for in paragraph six (6) hereof.

2. As used in this order, Border Points will be understood to be as follows, all points inclusive; The cities of Galveston and Houston; Atchison Topeka and Santa Fe—Rincon and points south and west; El Paso & Southwestern—Alamogordo and points south and west; Texas & Pacific—Pecos and points west; Southern Pacific—Yuma to El Paso and all points south. In addition all points on and south [Page 245] and west of a line following the Southern Pacific from El Paso to San Antonio and the San Antonio and Aransas Pass from San Antonio to Corpus Christi.

3. Among the arms and munitions of war referred to are included the following: field guns; machine guns; automatic rifles; grenades; bombs; high power rifles of caliber .22 or larger and ammunition for same; revolvers and automatic pistols, and ammunition for same.

This embargo does not include shot guns, shot gun ammunition and low power rifles of small caliber, such as are used in shooting galleries, and ammunition for them; dynamite, blasting powder, and other high explosives and fuses or caps for firing same.

4. Local persons, firms, or corporations desiring shipments made to them at border points, as defined in paragraph two (2), will apply to the commander of the military forces at the nearest one of the following points; San Antonio, Brownsville, Laredo, Eagle Pass, Del Kio, Marfa, El Paso, Columbus, Douglas, Nogales and Yuma.

Such commander is authorized to approve these requests when, in his judgement, such arms and other munitions are not to be used for purposes inconsistent with the purpose of these restrictions. When his approval is obtained; it should be forwarded to the shipper for file with the bill of lading, as authority for the railroad to transport the property in question.

5. To provide for the sale or shipment of arms or other munitions now at border points designated in paragraph two (2), the local intelligence officers will consider applications for such sale. Final action on application will rest with the commanding officers mentioned in paragraph four (4), above.

6. Persons, firms or corporations having authority from the War Department to ship arms or munitions to border points will furnish the shipper a copy of such authority for file with the bill of lading covering the same. Persons, firms or corporations having authority from the Secretary of State to export arms or munitions into Mexico will furnish the shipper a copy of such authority for file with the bill of lading covering the same.

7. Agents in billing shipments of arms and munitions as above described to border points or into Mexico, which have been properly authorized, will, for information of intermediate roads, place notation on waybill accompanying shipment, to the effect that authority from the War or State Departments, respectively, authorizing shipment, is on file at the office at point of origin.

This supersedes American Railway Circular No. 13, dated July 3rd, 1917, and any other instructions heretofore issued in conflict herewith.

W. C. Kendall
, Chairman