Douglas daily dispatch., 1926-05-11
DOUGLAS DAILY DISPATCH, TUESDAY MORNING. MAY H. 1926

provided that the right is essentially
respected.
The limitation provided by law on
corporations possessing rural proper
ties for agricultural purposes tends to
preclude possible conflicts in the APP
plication of the agraian legislation,
since it having been considered advis-
able to reserve to Mexicans the do
main and cultivation of the greatest
portion of lands, it is thus eliminated
any possibility of diplomatic controv-
ersies, which benefits directly and i'm
mediately the cordialty of our rela-
tions with other countries.
Finally in permitting the present
owners to preserve their rights until
their death the only thing that might
be adduced is that the law sets a linn
Iitation upon the right Of inheritance,
which is in perfect accordance with
the law of nations since, in such cas-
es, there are no acquired rights, but
merely an expectation of acquiring
them. This has been practiced by the
United States, where several laws on
the matter are in force and, further
more, Devlin, in the work aforemen-
toned, pages 260 and 261, paragraph
226, quoting hundreds of authorities,
states:
226 "Alien acquiring title by de-
scent At common law an alien cam
not acquire title to land by descent
or by mere operation of law. The
treaties of 1888 and 1894 between the
United States and Great Britain were
held to provide only for titles exist
ing at the time of the making of such
treaties and not titles subsequently
acquired, and hence British subjects
born before the revolution were held
to be equally incapable with those
born after inheriting or transmitting
the inheritance of lands Aliens, how
the laws Of Mexico, which were in
force in California. But for the pur-
pose of preventing an escheat, and
with the object of effectuating the
wishes of a testator, court of equ-
ity will, if necessary, consider land as
money in a case where q testator,
who is trustee, had directed the land
to be sold, and will direct that the
proceeds be given to the "cestue que
trust"
7 A careful study of the law shall
demonstrate that it cannot be retro
actiYe and confiscatory in it's several
provisions because, even in the cases
wherein terms are established for GER
tain effects of the law, these rights
are not consficated but ample and ju-
dicious terms are provided for aliens
to dispose of such rights.
Of rnnI1h1ic G well
as the two houses are inspired, in
this regard by the best wishes and
the firm intention of doing nothing
but what is just, equitable and per-
mitted according to International law
ments will be sufficient to convince.
l believe that the foregoing state
you that the pending law, although 1t
entails for aliens the necessity of full
filling certain acts to be in accord
ance with it, does not disregard any
of their rights. And as further ex-
planation, I wish to repeat to you
what I stated in my memorandum OF
November %, to wit that the provis-
ions contained in h legislation
which you have deemed pertinent tc
point out, have already been put in
practice during the last seven years
in conformity with the various de-
crees and proc1amations of the execu-
tive, who found himself in the neces-
sity to enforce from the beginning
section I of article 27 of the Consti-
tuition.
Finally, I believe that the thought
of such legislation being contrary to
the understanding reached between the
two governments through their COM
missioners, before the resumption Of
relations, will disappear from your
mind, since the spirit of this agree
iment was only of mutual respect OF
the rights of the two sovereign ma
tions, but never of setting aside the
clear provisions of their respective
constitutions.
! Mexico City, December 5, 1925.
I (Signed) AARON SAENZ.