Douglas daily dispatch., 1926-01-27


leo, senior Aaron Saenx, on the Law
Regulating Section 1 of Article ~
of the Mexican Constitution.
The organic law of section one,
article q, of the constitution recent
ly approved by the Mexican congress,
can not be considered as an alien
law as it has been called because it
does not legislate on the status or
condition of foreigners in Mexico, but
it is a law regulating provisions of
the constitution as referring to the
rights which it grants to Mexicans
and to Mexican corporations for the
acquisition of rights on lands, waters
or their appurtenances or of conLGs-
sions to develop mines waters or
mineral fuels in the republic.
The alien law which is in force in
the republic was passed in May 1886,
and is in force except for such pro-
visions which were tacitly derogated
by the constitution of 1917.
The provisions of the organic law,
furthermore are not new in Mexico.
In fact, since 1929 and according to
the 9Th law of chapter of the recon-
pilation of the Indies, issued by Spain,
foreigners friendly to the metropolis
definitely established for the acqui-
sition of real property in New Spain,
with the limitation that they could
not acquire sahne within a zone of
twenty leagues along the coast. This
law was confirmed by that of June
16, 1903.
In 1916 Philip the Fourth widened
the powers for the settlement of for
eigners; restricting their limitation
only in so far as the aforementioned
zone was concerned.
According to the constitution of
Cadiz, to acquire real property for
e;gners We're required to become nat
uralized The law of August 18, 1924,
decreed after the independence of the
/, country, reaffirmed the prohibition
to foreigners to acquire real property
within the 20 league zone, and the
law of April g. 1880, established a
similar prohibition in a zone of twen-
ty leagues along the frontiers. The
same provision was ratified by the
law of July 7, 1854
In 1852 another law was passed
|
ing properties on the frontiers Of
Mexico contiguous to their own coun-
tries. This law has never been re-
pealed, and it's provisions were en-
bodied in the constitution of 1917.
The railway act of April 20, 1899,
provides, without any doubt, that all
railway companies shall always be
considered as Mexican, even if they
are organized abroad and although
some or all of the stockholders are
foreigners, it being Furthermore pro-
yded that the companies as well as
all foreigners their heirs and assigns
who might be part of the said com
panies, whether as stockholders, en-
ployes, or in any other capacity must
be considered as MeXicans in matters
that refer to same and that they may
never claim under any preteXt what
ever, any right as foreigners regard
ing their titles and business reateld
to same enterprises, and that they
shall only have the rights and at
their disposal the means of procedure
granted to Mexican citizens by the
laws of the republic, foreign diplo-
matte agents having therefore no in
thereto.
The mining law of November 25,
1909, contains the prohibition for for
eigners to acquire mining properties
within a zone eighty kilometers along
the frontiers with foreign countries,
and the same law prohibits foreign
corporations to file or acquire, by
any title whatever, mining claims
and properties or realty rights over
mines within the same zone.
Similar laws to the provisions con-
tanned in the organic law of Section
l of Article 27 exist in other coun-
tries, to-wit: In the State of Arizo-
ma, u. S. A, by the law 4716, passed
In 1913, only citizens of the United
States or those who have declared
their intention to become naturalizcd
are permitted to acquire real proper
ty. The same law establishes, fur.
therlnore, that no corporation with
capital of which more than thirty
per cent is in the hands of stock
holders who are not American citi-
zens or who have not declared their
intention to become such, may ac-
quire lands nor titles to them nor
provides that no foreigner may ac-
quire title to any land or real estate
within the state.
In the State of Illinois there exist
s1milarp rovisions but with greater
restrictions this law only granting
a period of five years in which for
eigners must dispose of the proper
ties which they have and if they fail
to do SO, their lands will be confis~
Gated to the benefit of the State of
Illinois.
Furthermore, it IS a general prin-
ciple accepted in the United States,
that foreigners cannot acquire GER
tain rights unless they previously
obtain the declaration of intention to
become American citizens. In Mexi-
co, the law has not attempted in this
respect to go thus far, and has linz
tied itself only to establish certain
conditions for the acquisition by for
eigners of real property, such as
that they consider themselves nation
ais in so far as the acquisitions OF
those rights is concerned that con-
sequently they may not invoke the
diplomatic protection of their respec-
tive governments, so that the MeXl-
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