is by sea, vulnerable in time of war, and costly in time of peace. The Alaska Highway is the other main line of communication. At present, there is no adequate road connection between the United States and the Alaska Highway, and its use depends on a Canadian railroad connection and upon a sea and sea-rail connection.

These are the factors which the committee weighed in considering H. R. 2186, the enactment of which constitutes a first step in determining the feasibility of filling the gap. The bill was considered by the committee on August 22, 1949, and reported with amendments on August 24. The bill as referred to the committee contained authority for the President to enter into an agreement with Canada for the survey, location, and construction of a railroad. The committee amendments restricted the authorization to a "location survey." A "location survey," as the term is used by engineers, is a survey to determine and recommend a location. The location selected, however, is part of a survey; it is a recommendation and does not have the binding legal force that would be true under the original wording of the bill.

The measure, as thus amended by the committee, passed the House August 24, the Senate October 17, and was approved by the President October 26 as Public Law 391.

Legislative documents

Committee report (H. Rept. No. 1318, 81st Cong.).

Consideration on House floor (Congressional Record, August 24, 1949, pp. 12410-12411).

Public Law 391, approved October 26, 1949.

5. Western land boundary fence project-H. R. 4976, S. 1115.-The land boundary between the United States and Mexico extends westward from El Paso, Tex., 694 miles and forms the southerly boundary of New Mexico, Arizona, and California. In 1937 a project was initiated to provide for the fencing of this boundary as an aid to the Bureau of Animal Industry of the Department of Agriculture, the Immigration and Naturalization Service, and the Customs Bureau in maintaining their controls at the border and as an aid to demarking the boundary line. Through fiscal year 1949 a total of $515,401 has been made available for which a total of 145.31 miles of ranch-type fence across the open range and 9.60 miles of chain-link fence to ports of entry will be provided. The United States section, International Boundary and Water Commission, United States and Mexico, estimates that an additional 527.13 miles of ranch-type fence, 14.04 miles of chain-link fence, and 3.07 miles of curb to supplement the fence already built will be required to complete the project. It has been estimated that the total additional cost will be slightly over $2,500,000.

On June 2, 1949, H. R. 4976 was introduced, authorizing appropriations for the construction, operation, and maintenance of the western land boundary fence project, and for other purposes. August 9, a similar bill, S. 1115 passed the Senate; on the following day it was referred to the Committee on Foreign Affairs, where the matter was under study. No further action was taken on these measures.

6. Construction of bridge across the St. Lawrence River at Ogdensburg, N. Y.-H. R. 8944.-During the Eighty-first Congress the Committee on Foreign Affairs had already considered three bridge bills (described above) when H. R. 8944, relating to the construction,

maintenance, and operation of the Ogdensburg Bridge across the St. Lawrence River, was referred to it on June 26, 1950. In view of this prior experience, the committee was able to dispose of this measure with dispatch. Following the receipt of reports from the Departments of State and Army, the committee on July 17, considered the measure in executive session and ordered it favorably reported. It passed the House July 27 and the Senate August 9. It was approved by the President August 19, 1950, in the form of Public Law 722. Legislative documents

Committee report (H. Rept. No. 2571, 81st Cong.).

Consideration on House floor (Congressional Record, July 27, 1950 p. 11394).

Public Law 722, approved August 19, 1950.

7. Construction of Rainy River toll bridge at Baudette, Minn.-H. R. 7445.-Following its referral to the Committee on Foreign Affairs, H. R. 7445, authorizing the village of Baudette, Minn., to construct, maintain, and operate a toll bridge across the Rainy River, was referred to a special subcommittee by the chairman on May 19, 1950. On August 29 the bill was reported by the full committee with one amendment recommended by the subcommittee, designed to extend to 30 years the period within which the cost of the bridge must be amortized through collection of tolls. The bill authorizes the village of Baudette to construct, maintain, and operate a toll bridge and approaches thereto across the Rainy River, so far as the United States. has jurisdiction over said river, at a point suitable to the interests of navigation at or near Baudette, Minn., in accordance with the provisions of the act approved March 23, 1906, and subject to the approval of the proper authority in Canada. It passed the House August 31, 1950 and the Senate on December 13. It became Public Law 884 with the signature of the President on December 21.

Legislative documents

Committee report (H. Rept. No. 3016, 81st Cong.).

Consideration on House floor (Congressional Record, August 31, 1950, pp. 14196-14197).

Public Law 884, approved December, 21, 1950.

8. Construction of the Inter-American Highway-H. R. 7890.-H. R. 7890, a bill to amend the act of December 26, 1941, providing for cooperation with the Central American Republics in the construction of the Inter-American Highway, was introduced on March 28, 1950, and referred to the Committee. A special subcommittee (see p. 4 above) was appointed by the chairman on June 16, 1950, to study the question and report its findings and recommendations to the full committee. A majority of the subcommittee are members of the consultative subcommittee of the Committee on Foreign Affairs on the Western Hemisphere. The subcommittee heard testimony on the bill in three executive sessions. Testimony was given by Hon. Donald L. Jackson, who had recently returned from a study mission to Central America, and Hon. Edward G. Miller, Jr., Assistant Secretary of State for InterAmerican Affairs.

The bill would have authorized $8,000,000 for a period of 8 years, or a total of $64,000,000, to enable completion of the Inter-American Highway (a part of the Pan American Highway system) through Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, and Panama by providing through-highway connections from continental United States to the Panama Canal Zone.

The subject of an Inter-American Highway is not new to the Congress. In 1930 the United States Congress gave its first direct support to the project for an overland connection between the United States and the Canal Zone by providing funds for reconnaissance surveys. In 1934 the Congress appropriated $1,000,000, which was used by the Bureau of Public Roads largely in the building of bridges or sections of highway in the Central American Republics which would be immediately serviceable as portions of the through highway to be constructed. By 1939 this fund was practically exhausted.

The German submarine campaign in 1940-41 gave special impetus to the long-pending project. Public Law 375, approved December 26, 1941, authorized appropriations of not to exceed $20,000,000 for the Inter-American Highway. These appropriations were to be spent under an arrangement whereby the United States would contribute two-thirds of the costs of the Inter-American Highway, and the republics of Central America would make available one-third of the total. Most of the $20,000,000 appropriation was expended by the end of 1945, although a small balance remains in Guatemala and is now being used in work on the Guatemalan section of the highway. In 1943 the Congress appropriated an additional $12,000,000 for work in Costa Rica, after it was found that existing funds were not sufficient to cover the costs of the extraordinarily heavy work in the Costa Rican mountains. It was not required that this appropriation be matched because it was realized that such matching was beyond Costa Rica's financial capacity. This special fund was exhausted by the end of 1945.

The condition of the Inter-American Highway as of March 31, 1950, was as follows: Paved, 524 miles or 33 percent; all-weather, 800 miles or 50 percent; dry weather, 42 miles or 2 percent; impassable, 239 miles or 15 percent. Of the impassable sections 25 miles are in Guatemala, 199 miles in Costa Rica and 15 miles in Panama.

Mexico, with financial resources superior to those of her smaller neighbors to the south, has done what has been described as "an excellent job" on the 1,618 miles of the Inter-American Highway which lie within her borders. Of this total, 1,450 miles have been paved and the remaining 168 miles are suitable for all-weather use. Except for a section of only 25 miles in Guatemala next to the Mexican border, where no road now exists, it would be possible to drive today on a paved or all-weather highway from the United States through Mexico, Guatemala, El Salvador, Honduras, and Nicaragua all the way to the border of Costa Rica. It is in Costa Rica that by far the major work still to be done on the highway remains. In that republic it will be necessary to construct a total of 199 miles, much of which runs over consecutive mountain ranges and through other exceedingly difficult terrain. There are also 15 miles in Panama next to the Costa Rican border where there is no road at the present time.

The enactment of the bill was urged by the Department of State on the grounds that it is in the mutual economic interest of the United States and our Central American neighbors and that it will be of benefit to the conduct of our foreign relations with Latin America.

No further action was taken by the Foreign Affairs Committee on this measure, in view of its passage in the form of section 11 of H. R. 7941, the Federal-Aid Highway Act of 1950, approved by the President, September 7, 1950, as Public Law 769. This omnibus high

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way bill had been considered by the Public Works Committees of both Houses of Congress. Like H. R. 7890, section 11 amends the December 26, 1941 act, except that it reduces the authorization to $4,000,000 for fiscal year 1951 and a like sum for fiscal 1952. Not to exceed $2,000,000 of the appropriation authorized for each fiscal year may be expended without requiring the country or countries in which such sums may be expended to match any part thereof, if the Secretary of State finds that the cost of constructing the highway in such country or countries will be beyond their reasonable capacity to bear. Legislative documents

Public Law 769, section 11, approved September 7, 1950.

E. IMPLEMENTATION OF TREATIES

Unless the particular treaty contains a specific provision to the contrary, a treaty properly signed and ratified becomes a binding international obligation at the time fixed by its own terms. With respect to municipal law, however, there are cases where treaties contain an express stipulation for legislative implementation or belong to a category of treaties which cannot be given force and validity as law in the United States without legislative execution. In other words, provisions of a treaty may be non-self-executing and hence inoperative in the United States unless the Congress enacts the necessary operative legislation.

In the leading case of Foster v. Neilson (27 U. S. 253, at p. 314 (1829)), Chief Justice Marshall laid down this fundamental principle with respect to the operative effect of treaties in the United States:

Our Constitution declares a treaty to be the supreme law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the court.

It is evident, then, that the fulfillment of our treaty obligations often requires action on the part of both Houses of Congress. Implementation of treaties to which the United States is a party constituted an important aspect of the discharge by the Committee on Foreign Affairs of its legislative responsibilities during the Eightyfirst Congress. These treaties are technical in nature, covering highly specialized subjects, and call for cooperative efforts between the United States and other governments in matters of mutual concern and direct benefit to the peoples of the participating countries.

1. Development of hydroelectric power at Falcon Dam on the Rio Grande by the United States and Mexico-H. R. 5773.-In giving its advice and consent to ratification of the water treaty of 1944 between the United States and Mexico, the Senate did so with what is known as statement of understanding (a). This statement specified that prior approval of the Congress would be necessary to an agreement between the two countries with respect to the joint construction, operation, and maintenance of a power plant at the Falcon Dam on the lower Rio Grande. Appropriate legislation, H. R. 5773, was introduced on July 26, 1949. A special subcommittee of the Committee on Foreign Affairs (see p. 2, above), appointed to consider the bill, held a hearing

on August 17, in which representatives from the Department of State and the Federal Power Commission were heard. On August 22 the matter was considered in executive session by the full committee and was reported with a clarifying amendment. The following day it passed the House. H. R. 5773 passed the Senate on September 27. It was approved by the President on October 5 and became Public Law 312.

Thus, through prompt committee action, concurred in by both Houses, the United States will be in a position to complete construction of the Falcon Dam and the joint power plant before the date specified in the treaty, November 8, 1953, and the power shortage in the south Texas region will be materially relieved.

Legislative documents

Printed hearings.

Committee report (H. Rept. No. 1299, 81st Cong.).

Consideration on House floor (Congressional Record, August 23, 1949, pp. 12317-12318).

Public Law 312, approved October 5, 1949.

2. Tuna fish conventions-H. R. 4205, H. R. 5067, H. R. 6204, H. R. 8945 and S. 2633.—Fifty years ago the resources of the sea were considered inexhaustible; the more fish taken from it, the more there seemed to be available. Experience has proved otherwise, and it is now abundantly clear that if the sea can be protected from overfishing it will continue to produce a maximum quantity of food. The essence of United States policy in this respect is "to secure a mechanism which will provide for each high-seas fishery of American concern the possibility of management, to the end that the population of fish upon which the fishery works will be kept at that level at which a maximum crop can be harvested year after year, ad infinitum. Carrying out such a policy involves international agreements, international bodies, legislation, scientific investigation, and regulations.

To implement the United States-Mexican Convention of 1949 for the Establishment of an International Commission for the Scientific Investigation of Tuna, and the United States-Costa Rican Convention of 1949 for the Establishment of an Inter-American Tropical Tuna Commission, H. R. 4205 and H. R. 5067 were introduced on April 12 and June 8, 1949, respectively. Both measures were referred to the Committee on Foreign Affairs, the chairman of which appointed a special subcommittee (see p. 3, above) to consider these bills. On September 22, a clean bill (H. R. 6204) was introduced, embodying different approach from the original bills, and was likewise referred to the subcommittee for study and recommendation. As a result of further study by the subcommittee another clean bill (H. R. 8945) was introduced on June 26, 1950. The subcommittee on June 28 recommended favorable action by the full committee on H. R. 8945. On July 27 the full committee considered the bill and reported it with two perfecting amendments. The previous day S. 2633, a companion bill, had passed the Senate. Accordingly, when H. R. 8945 was called up on the floor of the House on August 23, the chairman of the committee by unanimous consent brought up the identical bill, S. 2633, which was passed in lieu of the House bill with one minor technical amendment relating to the title. The following day the Senate agreed to the amendment. On September 7, 1950, the bill was approved by the President and became Public Law 764.