Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-25
PLAN TEMPORARY
U.S.-MEX|CO TRUCE
Governments Seek Arrange
ment to Safeguard Rights
During Arbitration.
by DAVID LAWRENCE.

An effort Is being made by the
Mexican and United States Govern.
ments to arrange what lis known I'm
diplomacy as n ''modus vivendi," or
temporary arrangement. whereby the
rights Of both sides shall not be dis.
turbed while an arbitration tribunal
considers the merits Of the case.
The United States Government: is
willing 10 submit to the General
Claims Commission all issues arising
out Of the attempt to confiscate Amer.
lean oil properties in Mexico, but with
the understanding that no overt act
shall be committed in the interim
which might prevent the restitution OF
property to lawful owners.
Two Methods Proposed.
Two methods are being suggested
to safeguard this phase of the prob
lem. One Is that the Mexican courts
shall be asked to grant restraining
orders in respect of each individual
property and the other that the Mexi-
can government shall give assurance
OF Its intention to maintain a status
quo while the questions are being
decided Already a number of Ameri-
can companies have applied for and
obtained what are known as "ampa-
ros," which are equivalent to injunc-
tons. General restraining orders are
not customary in Mexican law and an
injunction granted. One of the dan
gers of this process so far as Ameri-
can oil companies are concerned is
that 1t may involve an examination
of proof of titles and in the long
series Of changes In government the
proof of title Is not always easy to
obtain.
Commissions Life Vital.
Another problem involved in any
temporary arrangement pending arbi-
tration is the question of the duration
of the General Claims Commission.
BY treaty it's life expires in August of
this year unless extended by mutual
agreement. Both governments are dis
posed to extend the life of the commits
sion for term of years, but 1t has
been suggested that the commission
might better continue it's work indefi.
nitely without any time limit being
imposed. The value of the commits
sion Is that 1t has superseded diplo-
matte channels in the handling of dis
putes on property rights and can by
reason Of it's experience handle the
claims much more expeditiously than
the embassies here or in Mexico City.
Examination Of the proceedings OF
LIle G)IIHIIiSSiOtl LTuS ItIT TGVcaIio liz
fact that It's neutral umpirt>-a M
tive Of Holland-as we'll al the Amer
lean and Mexican commissioners are
basinG their briefs and decisions on
the strict letter of international law.
This has led to the belief that If the
case were ever submitted to the arbi-
tration of the claims commission the
largest question at issue would lie one
of fact as to title.
Resolution Before Senate.
Meanwhile the Senate Is consider.
ing the adoption of resolution favor
ing arbitration. This is of little prac-
teal Importance in the present situa-
ton except as n moral support for
the legal side of the controversy. Both
the Mexican and American govern
ments are disposed to arbitrate. The
question Is now to arrange matters
in the interim SO that the case can 20
to arbitration. The difficulties of an
agreement are as numerous as ever
because they involve principles ON
which long diplomatic correspond
ence has been conducted for nearly
10 years. II an agreement on detail
could be secured in the protocol of
submission, there would be little for
the arbitral tribunal to decide. Prog
ress Is being made, however, and
the probabilities are that no crisis
vii develop in the immediate future.
Copyright 1927