Douglas daily dispatch., 1926-05-28
CORRESPONDENCE BETWEENU. S.
AND MEXICO AS TO LAND LAWS


federal government, and grants them
several advntages as the right of ex-
preparation.
Furthermore, the petroleum claims
are situated, comprising their greattr
part, within zones where the consti-
tuition prohibits aliens to possess
them; hence, if the direct domain on
these claims be acknowledged in
stead of the profit domain, they
would be placed in more favorable
condition than the superficiares
wherefore the law on the matter, in
stead of harming the rights of the
interested parties, places them in a
privileged situation in regard to the
law that governs those owning the
direct domain who, in their majority.
are owners of the surface.
Your excellency continues express
ing that after the negotiations of
1928, the secretary of state trans
mitted to the secretary of foreign
relations of Mexico a message in
which it is stated that President
Coolidge approved the declarations
of the American commissioners; that
he requested to be informed if Gen.
eral Obregon approved those of the
Mexican commissioners, and in such
case, it was suggested the form for
the resumption of diplomatic rela-
tions. Your excellency, quotes, also.
the answer of this department of
foreign relations, in which it was
stated that President Obregon APP
proved the declarations of the MeXi-
can commissioners, and proposed GER
tain notifications to the form sug
gested for the resumption of the re-
lations between the two countries;
but this last quotation is not COM
pIete, since there has been omitted
paragraph B, which reads:
"Within a term, for instance, of
from ten to Is days from the date
in which the respective charges IL
affaires would have been formally
accredited, that is to say, once the
diplomatic relations having been re-
sumed, the conventions shall be sign
ed in the form that you have sug-
gested. 1 submit this proposition, be-
cause of my sincere belief that the
simultaneity or excessive proximity
between the two acts referred to
might unjustly present the first one
unUST Tile 1d1S0 dppSdI VI SOA-
ditional, since the government of
Mexico spontaneously proposed the
signature of similar conventions as
long ago as November 10, 1921, and
furthermore, it is unnecessary be-
cause the coventions to he signed
cannot be eacted before the opening
date of the American senate. The
resumption of diplomatic relations
having, then, been decided, the pro-
posed notifications, in short, tend
only to insure-without any sacrifice
to- the American interests or to the
purposes of the government of the
United States-the greatest and firm
est cordiality in the future relations
between the two governments, allow
ing that these be developed on the
solid basis of mutual confidence, only
possible foundation of true friend
ship
What has been stated in the fore
portance, because it expresses in the
most uncontrovertible manner, that
the conferences of 1928 were not
condition for the recognition of the
government of Mexico, ad conse-
quently, they can ever be construed
in such sense; but this explanation
does not mean that Mexico ignores
the declarations made by her COM
missioners.
Again invoking the sentences of
the supreme court of justice, the
declarations of the Mexian commits
sioners, to the effect that the gov
ernment must respect the decisions
of the judicial power, and what was
stated by the department of foreign
relations in the following phrases:
''the law (article IA of the present
law) does OF nor can modify the
sentences of the court" your excellen-
cy states that the government of the
United States canot fail to point out
that the exchange of a present title
for a concession having limited du-
ration does not confirm the title nor
shall grant the owner the right of
to appropriate such products of the
subsoil, without the necessity of a
permit from any authority, nor en-
able him to transmit his rights as he
would any other property.
In this regard, I repeat that the
sentences of the court cannot nor
shall be modified or altered in any
way, either by the executive or by
any other authority; and on the other
hand, there is no objection, because
such is the intention of the executive
/ itself to renew the declarations Of
the Mexican commissioners to the
effect that, according to article IA
there shall be granted to such owners
| or concessionaires of the petroleum, Or
any other person entitled to it, per.
n1its to drill on the respective lands
though it is pertinent to point out
that the sentences of the court do not
have the scope of laws, nor can they
mean that the legislative body is de-
prived of its power to pass the laws
which it may deem convenient, and
that the action of the executive is
necessarily limited by the provisions
I of such laws.
To grant a concession in exchange
! of present title, is to confirm the
latter, because the granting of the
concession is only based on the re-
spect of the title and though it is
| true that the concessions are of linn
tied duration, to fi1A the term for the
I r..