Evening star., 1921-09-02
COURTS DECISION
AIDS RECOGNITION
Ruling Declaring Article 27
Non-retroactive Clears Way
|. for Negotiations.
BY DAVID LAWRENCE.

Mexico's chances of recognition are
better today as a result of her su-
preme courts decision on the famous
article 27 of the Mexican constitu-
tion.
The United States had proposed
that a treaty be signed by Mexico alb
solutely safeguarding American oil
rights. President Obregon felt that
to concede Americas request would
give the impression that he was
yielding to foreign influence. Never
theless. the American government in
sisted that either article 81 was re-
troactive or it was not and that Mexi-
CO should say formally and irreyoc-
ably which was the case. America
suggested treaty because it would
always be binding. Mexico, however,
has found another way-namely, a
supreme court decision.
Courts Now Independent.
Heretofore oil men have not had
much faith in the decisions of Mex
Icos supreme court. because of the
frequent reverSes of judgment. Now
however, the Mexicans claim their
judiciary is Independent. 1t no longer
IS appointed by the executive, but all
the judges are elected by congress
and only one-third is elected at one
time, so that the court maintains
certain Independence of political
changes. This method of election was
provided under the new constitution
and the decision just handed down is
really the first of its kind 1t will
nave an important bearing on the fu-
ture, because if the supreme court
does not reverse itself, there will be
much more faith in its integrity.
Article II Not Retroactive.
1t is true that America asked that
the oil question be adjusted in treaty
ognition would be extended. The
American government will not stand
on technicalities. 1t is interested in
the substance rather than the form.
IN IN erect: the contention of the United
states that article 81 ought not
lute!y y upheld. The supreme court of
MEXICO agrees entirely with the
United States in pointing out that
lands obtained prior to the making of
the constitution are safe from confis-
cation.
willing to Adjust CInims.
President obregon's speech saying
ne would not sign a treaty is taken to
mean that he refers to the points
cleared up by the supreme court de-
cision.
The Mexican president. however,
had previously indicated his willing
ness to adjust by treaty a number OF
pending questions, such as claims
growing out of the revolutions in
Mexico. An agreement on these points
will not be difficult to accomplish
and it may be that some broad ref
erence to the protection of lives and
property in the future may be urged
as a means of satisfying public opin-
ion on this side of the Rio Grande.
for while the United States govern
ment wants to be as considerate as
possible in making it easy for Presi-
dent Obregon to handle his own DO
ltical situation there is also a prob
lem in Washington.
For inside the republican admins
tration are men like Secretary Fall,
who reflects an extreme attitude to-
ward Mexico. men like Secretary
Hughes. who is interested in seeing
legal questions adjusted on a sound
basis and President Harding, who is
eager that Americas relation to Mex
leo shall be friendly, SO that complica-
tions with European countries may
be avoided.
The situation is in such shape that
standing on forms and pride may
drive the two nations apart. whereas
spirit of recociliation and compro-
mise will bring them together. There
Is no evidence here of the rafting of
sabers, but a desire to get a definite
agreement in black and white on a
number of vexatious points, SO that
the extension Of recognition by the
as it will be by similar action from
the European powers, will not be the
basis for political attack in the United
States