Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-08-25
MexiCanS Defend
Oil Legislation
In Statement

| Ill CIdlEWEHl
! Mexico City. Aug. 24-lBy the As
sociared Fress.-The right Of the
constituent legislator In almost IN
limited and can not be checked, when
| dealing with the public organization,
by rights acquired by private par
ties. Examples which have been Cit
ed are sufficient I'd demonstrate that
, when the constituent legislator has
considered II of general interest 10
enact any law Of retroactive effect,
he has done SO, even If he has pass
ed over acquired rights OF many
| years which have been sanctioned
almost as rights inherent 10 man.
| The only fundamental question is
| this, Is the public interest al stake
/ wfen petrnleum laws have been en-
acted, Evidently yes. Then the
state has had a right to enact such
laws
! These statements express. briefly
and in part. the legal grounds upon
/ which the Mexican government bases
the right of the constituent assembly
OF Queretaro, which enacted the
Mexican constitution of 1917. I'd
! in that document Article q nation
aIizing the oil lands They also pro-
vide a defense for the presidential
| decreespn petroleum, developing On
Article % IN which foreign oil inter
/ eSts are attacking.
The statements themselves are
taken from documents gwen TO the
| correspondent exclusively by Leon
/, Salinas. sub-secretary of commerce
and industry and al present head Of
| development and also chief OF the
| petroleum bureau Of the department.
They supplement a statement given
/ 10 the Associated Press by Senior
4 Salinas on Aug. q and form the
preliminary draft Of q summary fur
nished the Mexican Congress by tbs
department of commerce and indus
Ftry for the coming consideration %
oil legislation.
1 The defence of the refroactivffy o.
Article - and the subsequent presi-
| Dental degrees as prepared by At
| torney Quiles Eloroudy which forms
| part Of the governments defence q.
| its attitude On petroleum, continues
| n part, as follows:
| The only serious article which ap-
! parently is of great force is thR'
| declaring the petroleum law absolute
I " retroactive. This argument CHI
be answered from Two points-con-
/ stitutloral and common Legislation
4 Regarding the first point, the theor1
I hereby sustained is that the cuusfit-
:. uent legislator can almost always es-
(! tahlisf IN a coun1ry's constitution al
I legal principles, which IN his Judg-
/ nent, are good for the nation in such
/ manner that whatever rights are es-
| tablished by another anterior con-
! stirutiun, new constitution can de-
| rogRte them without difficulty.
L The reason is that laws which
! oriain a nations form of govern
l ment. regime of ownership, economic
/ system and SO forth. are mot immut-
! able. because, as nation Progresses
| and radical evolution takes place n
all the sources of It's products, il il
/ impossible that al legislation couit
| be applied to modern times"
| The document then quotes al
| length from Francois Laurenr's WORK
! ON civil law.
| Defending the oil legislation under
! the view Of common Legislation. the
document again quotes Laurent. stat
ing incidentally that a principal uni
! persaIly admitted is that laws cHr
| have retroactive effect whenever pub
lie interests are at stake"
j Referring 10 various Citations and ex-
4 amples of retroactive laws in France.
| the document asks: why can mot a
| law like the one that has been enacted
! in Mex CO ON petroleum be considered
legal and Just when II does not nuilify
acquired property righrs- but simply
subjects rhezn 10 certain requisites %
be val a."
! The assertion in mnde that there q
an apparent analogy with mining legis-
4 lation which has had retroactive effect,
/ 'fbut now everyone accepts that mines
are not tina property OF the owner Of
! the land. The conclusion drawn is:
/ The only fundament question in. Is the
/ puuiic interest at stake when petroleum
laws have been eaactede Erieentiv
yes. Then the state has had the righl
/ TO enact such laws
/ An additional and supplementary
1 statement offered the correspondent
I from the szIne source gives the land II
Mex.uD owned and leased and operzsef
| by individuai- companies M 6E.52 Aec.
tares which are owned and 2H12Oz hec.
! %u<~ ~fs-k< -