Foreign Relations of the United States, 1958–1960, United Nations and General International Matters, Volume II

425. Memorandum of a Telephone Conversaton Between the Legal Adviser (Hager) and Donald L. McKernan, Fish and Wildlife Service, Department of the Interior, Washington, April 22, 1960¹

Washington, April 22, 1960

Mr. McKernan telephoned Mr. Hager this morning to express alarm at reports that they were receiving at Interior from fisheries representatives to the effect that the State Department had authorized Ambassador Dean to go further than the position outlined in Geneva telegram 1720.² Mr. McKernan said that they were being given the impression that the State Department had therefore not been fully honest with the Interior Department at the meeting in Mr. Hager’s office on Thursday morning, April 21.³

Mr. Hager stated that to his knowledge there was absolutely no truth to these reports. He said that the only communication that he knew of that had taken place between the State Department and the delegation since the telephone conversation with Dean Thursday morning in which Mr. McKernan had participated, had been a telegram authorizing the action described in Geneva telegram 1709,⁴ which, Mr. Hager reminded Mr. McKernan, had been agreed upon at the meeting Thursday morning. Mr. McKernan acknowledged that the authorization of 1709 had been agreed upon.

Mr. Hager said that the State Department was about to telegraph Dean that he was authorized to take the action outlined in Geneva telegram 1720. He then paraphrased for Mr. McKernan the intended telegram of instruction.⁵ Mr. McKernan said that Interior could not concur in such an instruction. They were going to recommend to Secretary Seaton, however, that, while Interior did not concur in the authorization to proceed as outlined in Geneva telegram 1720, nevertheless it felt that this was essentially a matter for judgment in the field, that Interior was represented in the field, and therefore no action should be taken by the Interior Department to stop the action contemplated in 1720.

Mr. Hager reiterated that he was sure that the State Department had not authorized Dean to go beyond 1720, but he promised to check at once to make certain that this was true and said that he would telephone Mr. McKernan promptly if he found that he was mistaken. Mr. McKernan thanked Mr. Hager and said he would advise callers that it is not correct that Ambassador Dean had been authorized to go beyond 1720

1. Source: Department of State, Central Files, 399.731/4–2260. Drafted and initialed by Hager.
2. Document 421.
3. See supra.
4. The authorizing telegram has not been identified further; telegram 1709, April 19, transmitted the text of a resolution on technical assistance. (Department of State, Central Files, 399.731/4–1960) For text of the resolution, adopted on April 26, see U.N. doc. ACONF.19/8, p. 176.
5. Infra.