Omaha daily bee., 1902-09-18
Plus CASE IS PRESENTED
Arbitration BOsrd at The Hague Takes Up
Old Church claim.
DlAz MENTIONS IT IN HIS MESSAGE
Promises to Abide ny Decision, but
Intimates That ~ Must he In Favor
OF Mexico as Against
the church.

THE HAGUE, Sept. 1.-THE interna-
tional arbitration board today ruled, with
reference to points raised Monday, that
Mexico's reply to the United States mem
orandum shall be included in the
in the case and that the plaintiffs have the
right to introduce a written reply before
September %, that before the American
pleadings Mexico shall be heard and that
each side Is entitled to make a reply
through a single counsel representing each
side.
Senator Stewart Of Nevada then resumed
his presentation Of the case Of the United
States and introduced documents from the
archives OF the archbishopric OF San Fran
cisco in support OF bis contention that the
law Of 1885. founding the Plus fund, gave
the proceeds in ~perpetuity for the civlliz-
ing Of the natives OF California and the
propagation OF the Catholic religion in
those regions. and that the expulsion of the
Jesuits by the king of Spain only changed
the trustees Of the funds, as the Jesuits
were not it's owners. but merely trustees
for the church.
Senator Stewart dealt lengthily with the
Mexican contention and was followed by
Garrett McEnerney, legal adviser Of Arch
bishop Riordan of San Francisco, who as
serted that the Plus fund had been recog-
nized as belonging to Californians by all
the authorities of Mexico from 1879 until
the cession Of California by the treaty of
Guadeloupe in 1s49.
Mr.. McEnerney contended that the funds
were administered in turn by Jesuits of
Spain and Mexico and that the funds were
never the property of the administrators.
but always retained their original charac-
ter as trust funds. Mexico's contention
that the funds were intended solely or prin-
cipally for the civilization Of Spanish or
Mexican subjects was untenable.
Mr.. McEnerney occupied the rest OF the
session and will resume the pleadings Sep
TENDER 20.
Diaz Tells His Congress.
MEXICO CITY, Sept. 1L-President Diaz,
In his message to congress, says OF the
Plus claim, now being arbitrated at The
Hague:
The first contentious international claim
In which the parties are Mexico and The
United States OF America has by mutual
consent just been submitted to the per-
manent arbitration court instituted at The
Hague by virtue Of a conference called
and Justly called, a peace conference. The
case in question grows out of a claim pre-
scented by the Catholic church Of upper
California against the Mexican republic and
upheld by the government of the United
states. looking to the payment OF interest
on a fund which was created in colonial
epochs for the benefit OF missions in that
former portion Of our territory. Originally
the fund In question was entrusted to the
Jesuits for their California missions, but
as the consequence OF the royal order which
expelled the Jesuits from Spanish territory
In l76S, property constituting the fund
passed to the crown of Spain, which en-
trusted it's adminlstration to a royal COM
mission, in whose hands 1t was at the time
when our independence was consummanted.
The national government continued to ad-
minister the fund, which was destined for
the reduction of the barbarous Indians, and
their conversion to Christianity; and
though in 1886 It caused the fund to be
placed at the disposal OF the bishop OF
California to be administered by him, that
arrangement was cancelled by decree Of
February s, 1912, and the administration Of
the fund reverted to the Mexican govern
ment to be employed by the government
in such form and manner as IL might de-
termine compatible with the original In
tention Of the founders.
when the Division Was Made.
when in 1s4S upper California was seq
regated from the Mexican federation the
Mexican government, taking it's stand prin-
cipally on article xiv Of the peace treaty
with the United States, concluded in that
same year, which pronounced as ended and
Cancelled all debts and claims which citl-
zens Of the United States might allege
against Mexico, considered itself released
from all liabilities toward Representatives
OF the church In California, who, II they
believed they had any claim to urge. ought
to have urged it against the government
to which the sovereignty Of upper Cali
fornia, with ali its correlative rights and
obligations, had passed. Not convinced by
considerations to which I have alluded, the
church in question, notwithstanding its lack
of competency. went before the Joint claims
commission, which was held at Washing
ton under convention Of July 4. 1868. de-
manding the payment Of interest up to
date Of the claim. Owing to lack Of agree
ment between the commissioners, the case
was submitted to an arbiter or referee,
who, believing he had found grounds for
such action, sentenced US TO pay a certain
sum.
Already Paid Once Too often.
"The Mexican government, notwithstand-
Ing that It considered the sentence unjust,
paid the interest assessed against 1t on
the strength Of that decision. The Call
fornia church has since claimed that the
republic ought to continue paying interest
on the fund, and its claims were presented
through the diplomatic channel. After an
exchange of notes between the representa-
tives OF the United States and the minister
OF foreign relations, and seeing that no
agreement was reached 1--WE on our side
maintaining that the arbitrary decision of
1885 did not include subsequent interest
and that there is no ground for claiming
that interest or for regarding the pfn-
eipaI Itself. II was decided, with that
spirit of eonciIiatoriness which behts