The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1919-08-28
MEy|CO'S INTENTION TO
CONF|SCATE PETROLEUM
PROPERTIES IS SHO v n

Washington, Aug. 27-Reply to re-
cent statements by members of Presi-
dent Carran2a's official family in Mex
leo City to the effect that the Mexican
government had right to enact laws
that would result in the confiscation
Of property owned by foreigners and
that retroactive laws were justfiabie
In international law, was made by the
American Association of Producers of
Petroleum of Mexico, in "a letter pre-
scented today to the state department.
"The newspapers for several days.
the letter said, "haVe carried state.
ments emanating principally from Mex
leo, intended to justify Article - Of
the Mexican constitution of 1917 which
declares that all petroleum in the re
public belongs to the nation.
Cabrera, Schiaffino and the others
now plant themselves on the broad
ground that in the public interest m"
Mexican government can conIiscate
the private property of Am ricdns ana
other foreigners. without violating IN
ternational law. According to their
theory, property rights such as the
oil companies have acquired are sub
ordinate to the welfare Of The Mexican
public and therefore can be wiped out.
This has been their real position from
the beginning. though it has undergone
mild disguise from time to time. They
started out by citing American law
on the subject, but it was shown that
American law is precisely the reverse
of their contention, and now they cite
the French authority. Francois Lau-
rent. He is quoted as follows:
Laws may have retroactive effect
when public interests are at stake.
The actual statement by Laurent u)rcit
civil Vol. !, chap. ". Sec. 81. was
"It is commonly argued that laws
have retroactive effect when general
interest so demands, because no right
may be acquired against public inter
est According to our view, TINS Is
too absolute. If private parties may
invoke against the application of a
retroactive effect the impaired inter-
est should cede before general Interest.
But when private parties nave right
IMPAIRED by the law, the court may
not in the name of general interest de
stroy or modify the rights of citizens.
The maintenance of rights is the great
est of all interests.
$50 again it transpires that the au
thority relied on is squarely opposed
to their theory.
"They have dropped the expostula-
ton that the constitution and laws
are not retroactive. They now admit
that they distinctly are; and the
sole and only authority cited To prove
that such things may be proved II be
plainly against their contention On
such a base is built up their justifica-
ton of spoilaton.
Their argument that to seize the
oil lands from their rightful owners,
and turn them over to the Mexican
government to develop would deb7und
to the public benefit is answered by
the record made in the management OF
railways. express companies and other
industries so seized"
All these arguments have been care
fully weighed by the state department
and the decision of this government
was stated in the note OF April 2, 1918
which protested against the specific
articles of the constitution as confis-
catory. The same conclusion was
reached by the governments of France.
England and Holland. 1t is stated by
officials that Mexico will not be allowed
to confiscate the oil properties.