Douglas daily dispatch., 1926-01-27
FOREIGN MINISTER SAENZ GIVES
MEXICAN VIEW OF ARTICLE II,
WHICH u. 5. FINDS DISTASTEFUL

the organic law so much discussed
is retroactive and confiscatory and
that it requires foreigners to waive
their own nationality in order that
they may acquire real property in the
republic. Although the provisions of
the law that are said to make it
retroactive or confiscatory have not
been specifically quoted, the follow
ing observations show how unJusti-
fled these charges are:
First: The organic law in question
is not retroactive. Article Fifth
clearly states that the rights dealt
with by the law and which were
legally acquired by foreigners prior
to its enforcement, shall be kept by
those who have acquired them until
their death. If a previously ACQUIRED
right is conserved until the extinction
of its holder, it can in noWise be-
alleged that this right is injured. 1t
has been argued in this respect that
the present holder will not have the
right to transfer his properties to
his foreign heirs and that, in this
way, a right acquired prior to the
law is injured. Such reasoning, in
spite of it's apparent truth, is sophis-
teal.
Should state be deprived of the
liberty of modifying it's laws at any
time, it would be prevented from
further development in juridical mat
ters. Every sovereign state can mod
ify existing individual rights. and 1t
is matter pertaining to the state
itself to weigh the advantages and
disadvantages which a new law may
have for the community. If it is
true, and a fact perfectly accepted by
international law and by all the civ
ilized nations of the earth that it is
a sovereign right of every state to
legislate on inheritances, to the point
of absolutely transmitting the trans
mission of the property of de-
ceased person to another no one can
doubt that the government of Mexico
has the sovereign power to impose
conditions for the acquisition of pro-
perty by hereditary right from
person deceased. In fact in cases
where the acquisition by foreigners
is not absolutely prohibited by the
law. the foreign heir of a deceased
foreigner may acquire the real pro-
perty, waters, mining concessions,
etc, which constitute the inheritance,
by simply fulfilling condition re-
quired by the Mexican law to faclll-
tate to foreigners the alienation OF
real property which might come TO
them by inheritance and which they
can not keep on account of absolute
prohibition of the law or because
they will not fulfill the requirement
of considering themselves as MeXl-
cans in regard to those properties,
article sixth of the law grants them
a period of five years in which le-
galIy to dispose of them. AS it Will
be seen, the lawsI far from 1nJurlng
acquired rights is extremely lenlent
to foreigners since it, affords them
ample opportunity to comply with
the provisions of the constitution Oh
the republic.
The foregoing refers not only to
individuals but also to partnerships
and corporations, which can also
keep their rights according to SAID
Article Fifth, until their dissolution.
Second: The law in question is
not, likewise, confiscatory Foreign
ers who do not comply with the re-
ouirements established by this law
in it's articles four and six, cannot
hold the properties affected; but the
Mexican law, at variance with Whal
many foreign laws provide IN sMnl-
lar cases, does not conf1Scate thoSe
properties but fixes ample and con-
venient terms during which the re-
spective rights may be transferred
and only in the event that this is
not carried out within the time spe-
Gifted. the laws provide for the dis
posal of them by public sale through
4udicial channels and for the delivery
TO the foreigner of the proceeds OF
the sale.
since the beginning it became ne
ccssary, from every point of view
and for the proper application of the
law. to have knowledge of all those
instances where q. foreigner might
bold properties or concessions as
those mentioned in the law legally
acquired prior to the enforcement VI
the provisions in question, and Tor
that reason Article Seventh proNloes
tbat foreigners who are in such con-
dition may file a declaration pelolV
the department of foreign relatlohs
regarding their previously ACQUIRE"
rights In this way, eVaslons OIL INC
law Will be prevented, anu 'iAN
which a state uses to insure the ap-
plication of it's laws, with very an
ME limitations, remain within the
same sovereign power of the nation
rbe nenalty imposed on the foreigner
who does not file the aforesaid DEC
laration is that the acquisition III
question be considered as having oeen
effected after the promulgatlon ol
the law. If this provision is regard
ed with an impartial and just Iraihe
of mind, it will be found that 1t mas
the sound aim of defining and lnsur-
ing the rights Of foreigners acquired
in good faith. Every foreigner VINO
might have 1iled the declaratloh
within the time limit provided Dy
the law, will not only have the as
surance that his rights will be con-
sidered as well established, but also
that it will be respected unoef tne
provisions of the law without requlr-
inc. him. in this case, to comply Win
tha requirements of this new law.
On the other hand those properties
which have not been declared as
belonging to foreigners snail oe coi
sidered as acquired after the pr0mui.
c~..r