612.119/2979

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

OD 4164

Sir: I have the honor to acknowledge receipt of your letter of December 16, 1920,76 with reference to the removal of existing restrictions [Page 249] on the shipment of small arms and ammunition to points along the Mexican Border.

The modifications suggested by you in the draft of the proposed circular to supersede Circular CCS–40, American Railway Association, are concurred in by the War Department and by the American Railway Association.

I am enclosing herewith a copy of the amended regulations in which you will note that the sub-paragraphs of Paragraph 3 have been designated as (a) and (b) in order that they may be referred to more conveniently, and that paragraph 4 carries an interpolation to show that it refers only to embargoed articles.

Respectfully,

Newton D. Baker
[Enclosure]

Supplement 1 to Circular CCS–40 of the American Railway Association

To Railroads: Circular CCS–40, dated June 19, 1920, is hereby amended to read as follows:

In order to comply with the President’s Proclamation of July 12, 1919, 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 the following:

(a)
Those covered by Government bills of lading;
(b)
Those authorized by proper military authorities;
(c)
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 five (5) hereof;
(d)
The small arms, small arms ammunition and other items described in paragraph 3(b) 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 and Southwestern—Alamo Gordo and points south and west; Texas and Pacific—Pecos and points west; Southern Pacific—Yuma to El Paso and all points south. In addition all points on and south 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. (a) Among the arms and munitions of war referred to are included the following: artillery of all calibers and ammunition therefor, machine guns, automatic rifles, grenades and bombs.

[Page 250]

(b) This embargo does not include small arms, such as shot guns, rifles, revolvers, and pistols; small arms ammunition; dynamite, blasting powder and other high explosives used for industrial purposes, and fuses or caps for firing same.

4. Local persons, firms, or corporations desiring shipments of embargoed articles 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 Rio, Marfa, El Paso, Columbus, Douglas, Nogales and Yuma.

Such commander is authorized to approve these requests when, in his judgment, 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. Persons, firms or corporations having authority from the War Department to ship to border points arms or munitions described in paragraph 3(a) 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.

6. 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.

In order to conform to the foregoing restrictions, effective at once, an amended embargo should be issued by each road to its own employees, and to its assigned short line railroads.

W. L. Barnes
, Executive Manager
  1. Not printed.