New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-08
Mexico Erases
Big Obstacle
To Recognition
Its Supreme Court Said
to Have Written Guaranty
That American Property
Cam Be Confiscated
Meets Hughes's Demands
lnterprets Article p of
National Constitution as
Not b e i n g Retroactive

FROM The Trtbune's Washington Bureou
WASHINGTON, July 7.--Announcs a.
ment by the Mexican Embassy to- day
of an official communication from the
Mexican Foreign Office declaring
Article ~ Of the Mexican Constitution
has been definitely interpreted by the
Supreme Court as having no retro
active or conhscatory effect will have
an important bearing on the negoti-
atoms now in progress between the
United States and Mexico on the oues-
ton of recognition of the Obregon
regime.
The embassy's announcement indi-
Gates that the Mexican Supreme Court
has reduced to written DEGREES five
oral opinions interpreting Article 27.
If the text of the last decision is as
comprehensive and definite as the en-
bassy's announcement asserts, the be-
lief here is that the greatest obstacle
to American recognition has been re-
moved. State Department officials
however, decline to comment on to-day's
announcement, reserving any state
ment until copies of the five DEGREES
have been forwarded by American
Charge d'Affaires Summerlin and an op-
portunity has been given for careful
olQdy VI VIC NnLQIC anu SCOpC VI tAS
decisions.
Definite Basis Established
Under the Mexican law, five decisions
on disputed points involving the Mex
lean constitution must be given by the
Supreme Court before the question at
issue is definitely determined. The
pronounced by the Supreme Court May
10 h1,{ th,1c for taytnQ1 has
been available. According to the en-
bassys announcement, the ruling Of
May IL definitely establishes a basis
which shall serve in the future for in
terpretation of Article 81, which here
tofore has been attacked as deprivins
Anne orleans of mineral and petroleum
rights legally acquired. Secretary of
State Hughes has insisted that the
Mexican government must definitely
guarantee that American rights shall
be respected, and to-Gay's announce
ment, if followed by the official issu-
ance of the courts DEGREES, may be &C
cepted by the American government as
giving the guarantees sought.
Text of Statement
The Foreign Office statement, which
is headed ARTICLE q has no retroact-
i've effect" is complete as follows:
"On May IL last the judges Of the
Supreme Court Of the nation met to
resolve the claims presented before
that judicial body against acts Of the
executive power of the republic and
of the Secretary Of Industry and Com
merce, claims relating to the exploita-
ton Of the national oil zones.
"The Supreme Court of Justice de-
cided favorably for the claim of pos
session explaining that in that way
it was establishing clear and final
Jurisprudence on the non-retroactivity
of Article 81 Of the Constitution, and
denied to that article any confiscatory
effect.
"In the discussions on this point the
judges arrived at the full conviction
that Article 81 of our Constitution,
neither by its wording nor by it's spirit,
affects the interests originally noted
before publication Of the Constitution
On the contrary, the article referred to
in its fourth paragraph, far from in
tending that it be applied retroactively,
expresseswith absolute precision that
it should not be given that effect.
Give claims Of possession favorably
resolved by the Supreme Court--the
last being those presented by the
Tamiahua Petroleum Company-have
established a juridical precendent
which will serve as the basis for the
future Interpretation Of the law in
cases which, as in those above named,
fall within the constitutional DISPOSE
ton to which we refer. These conclu-
sions have been adopted by our highest
tribunal to signify it's respect for the
rights Of property of the undersoil.'