711.00111 Lic. Howard Aircraft Corp./12/25

The Secretary of State to the Mexican Ambassador (Castillo Nájera)74

Excellency: I have the honor to refer to informal conversations during the months of August and September between officers of the Embassy and the Chief of the Office of Arms and Munitions Control in regard to the desire of the Howard Aircraft Corporation, Chicago, Illinois, to sell and export to the State of San Luis Potosi two Howard airplanes.

An application for license to export these airplanes to Mexico was received from the Howard Aircraft Corporation on August 27. In accordance with the understanding reached between us in regard to measures to be taken to prevent the transshipment of arms of United States origin from Mexico to Spain, the applications were not granted but were held pending the receipt of notification from you that it was the desire of your Government that the shipment be authorized. On September 20, however, I received a letter from the Howard Aircraft Corporation withdrawing its applications for license to export the airplanes to Mexico and stating that the planes were to be delivered to the purchaser, a United States citizen, at San Antonio, Texas. Fearing that an attempt might be made to violate the law requiring that a license be obtained for the export of all arms, ammunition and implements of war, I immediately requested the Department of Justice to investigate this matter and telegraphed the Howard Aircraft Corporation to learn the identity of the purchaser mentioned in their letter. The Corporation replied that the purchaser was Mr. Cloyd Clevenger.

The investigation now being conducted by the Department of Justice has revealed that Mr. Clevenger and Major Adolfo Piña, who is apparently a pilot for General Cedillo, arrived in Chicago on September [Page 600] 18 and accepted delivery of the planes. Accompanied by an official of the Howard Aircraft Corporation, they flew the planes to San Antonio, Texas, on the same date. On September 19 the planes, piloted by Clevenger and Major Piña, left San Antonio. In view of the fact that both of these men would appear to be agents of General Cedillo and in view of the fact that the Howard Aircraft Corporation originally stated that the planes were sold to the State of San Luis Potosí, there would seem to be every reason to believe that these planes have been exported to Mexico without an export license, in violation of United States laws, and that they have now been delivered to General Cedillo in San Luis Potosí. A description of the two airplanes is as follows:

“Howard Aircraft Four Place Cabin Land Monoplane, Model DGA–8, Serial #82, Manufactured August 1937; (1) Wright R760E2 Engine, Serial #14538; and (1) Hamilton Standard Controllable Propeller Hub #29427, Blades #67668–67669.”

and

“Howard Aircraft Four Place Cabin Land Monoplane, Model DGA–8, Serial #83, Manufactured August 1937; (1) Wright R760E2 Engine, Serial #14539; and (1) Hamilton Standard Controllable Propeller Hub #29349, Blades #67983–67984.”

The Department of Justice is continuing its investigation of this case with a view to the prosecution of all of those persons involved in the violation of the United States neutrality laws which has apparently occurred.

Accept [etc.]

For the Secretary of State:
Sumner Welles
  1. This note was acknowledged by the Mexican Ambassador on October 20, 1937.