Douglas daily dispatch., 1926-05-26

lean commissioners on August 2, 1928,
as a part of the negotiations of shat
year stated, "in behalf of their gov
ernment in connection with the repre-
sentations relating to the rights of
the citizens of the United States of
America in respect to the subsoil'
as follows:
"t. 1t is the duty of the federal
executive power, under the constitu-
tion, to respect and enforce the de-
cisions of the judicial power. In ac
! cordance with such a duty, the eX
ecutive has respected anad enforced,
and will continue to do so, the prin-
ciples of the decisions of the supreme
court of justice in the Texas Oil
company case and the four other
similar amparo cases, declaring that
paragraph " of article 81 OF the
constitution of 1917 is not retroactive
in respect to all persons who have
performer, prior to the promulgarion
of said constitution, some positive act
which would manifest the intention
of the owner of the surface or OF the
persons entitled to exercise his rights
to the oil under the surface to make
use of or obtain the oil under the
surface: such as drilling leasing, en-
tering into any contract relative to
the subsoil, making investments of
capital in lands for the purpose Of
obtaining the oil in the subsoil, ear
r.Ing out works of exploitation and
exploration of the subsoil and in
cases where from the contract rela-
tive to the subsol it appears that
the grantors fixed and received a
price higher than would have been
paid for the surface of the land be-
cause it was purchased for the pur-
pose of looking for oil and exploit
ing same if found, and in general,
performing or doing any other posi-
tive act, or manifesting an intention
of a character similar to those here
tofore described.
According to these decisions of the
supreme court, the same rights en-
joyed by those owners of the sur
face who have performed a positive
act or manifested an intention such
as has been mentioned above, will, be
enjoyed also by their legal assignees
or those persons entitled to the tights
to the oil. The protection of the SUI
preme court extends to all the land
or subsoil concerning which any of
the above intentions have been mani
tested, or upon which any of the
above specified acts have been per-
formed, except in cases where the
documents relating to the ownership
of the surface or the use of the sur
face or the oil in the subsoil cstab-
lish some limitation.
"The above statement has consti-
tuted and will constitute in the fu-
ture the policy of the Mexican gov
eminent, in respect to lands and the
subsoil upon which or in relation to
which any of the above specifiei'
acts have been performed, or in re-
lation to which any of the. above
specified intentions have been mani
tested; and the Mexican government
will grant to. the owners, ,assignees
or other persons outlined to the
rights to the oil, drilling permits on
such lands, subject only to police
regulations, sanitary regulations and
measures for public order and the
right of the Mexican government to
levy general taxes.
"2. The government, from the time
that these decisions of the supreme
court were rendered, has recognized
and will continue to recognize the
same rights for all those owners or
lessees of land or subsoiI or other
persons entitled to the rights to the
oil who are in a similar situation as
those who obtained amparo; that is,
those owners or lessees of land or
subsoi1 or other persons entitled to
the rights to the oil who have per-
formed any positive act of the char
acter already described or minifested
any intention such as above specl-
fled"
On August %, 1928, after the ter
mination of these negotiations and
the return of the American commls-
sioners, the secretary of state trans
mitted to the minister of foreign ef-
fairs of Mexico message in part:
II have examined the report OF the
proceedings of the American and
Mexican commissioners, at Mexico
City, closing August Is, 1928, and
have submitted the same to President
Coolidge. / have the honor to in
form you that President Coolidge ap-
prol es the statements and rec>'hmo1-
Gerions of the American commission
ers as therein set forth. l shall he
e!ad to be advised by you mat Sen
er:l Obregon approves the statements
Sc. forth in the said reror: as hav
ing been made by the Mexican COM
missioners.
'In the event that you are able to
advise me, [ beg leave to suggest
the following procedure in respect
to the resumption of diplomatic rela-
lions. 1t seems to be >tdvis lbl" that
we should agree upon a day on
which the resumption Of diplomatic
relations should be formally announc-
ed. :. :"
To this message the minister Of
foreign afft t;rs of MeNic? replied to
the secra .ary of state.
"...I have received your cour-
teous message by which you inform
me, on the one hand, to have ex-
amined the minutes Of the work Of
the Mexican American commission ad
journed on the 18th of this month ct
this city, and to have submitted same