24 (1937).
[247] Ibid. 233-234. Citing Oetjen _v._ Central Leather Co., 246 U.S.
297, 304 (1918).
[248] 315 U.S. at 228-234 _passim_. Chief Justice Stone and Justice
Roberts dissented, chiefly on the question of the interpretation of the
Litvinov Agreement, citing Guaranty Trust Co. _v._ United States, Note 3
above.
[249] McClure, p. 391.
[250] Ibid. 391-393; United States Department of State Bulletin,
September 7, 1940, pp. 199-200.
[251] McClure, 394-403; _cf._ The Constitution, article IV, section 3,
clause 2. When President John Adams signed a deed conveying property for
a legation to the Queen of Portugal, he was informed by his Attorney
General that only Congress was competent to grant away public property.
_See_ W.B. Bryan, A History of the National Capitol From Its Foundation
Through the Period of the Adoption of the Organic Act, I, 328-329; 1
American State Papers, Misc., 334. _See also_ Chief Justice Hughes, for
the Court, in Ashwander _v._ Tennessee Valley Authority, 297 U.S. 288,
330 (1936).
[252] 4 State Department Bulletin, April 12, 1941, pp. 443-447.
[253] What purports to be the correct text of these agreements was
published in the New York Times of March 11, 1947. The joint statement
by the United States, Great Britain, and France on arms aid for the
Middle East which was released by the White House on May 25, 1950 (_See_
A.P. dispatches of that date) bears the earmarks of an executive
agreement. And the same may be said of the following communique issued
by the North Atlantic Council at the close of its Sixth Session at
Brussels on December 19, 1950.
"The North Atlantic Council acting on recommendations of the Defense
Committee today completed the arrangements initiated in September last
for the establishment in Europe of an integrated force under centralized
control and command. This force is to be composed of contingents
contributed by the participating governments.
"The Council yesterday unanimously decided to ask the President of the
United States to make available General of the Army Dwight D. Eisenhower
to serve as Supreme Commander. Following receipt this morning of a
message from the President of the United States that he had made General
Eisenhower available, the Council appointed him. He will assume his
command and establish his headquarters in Europe early in the New Year.
He will have the authority to train the national units assigned to his
command and to organize the
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