Douglas daily dispatch., 1927-05-19
FEDERAL COUNCIL OF CHURCHES
REPORTS AMERICAN INTERESTS
HAVE GRIEVANCE IN MEXICO

neaJn Chelr lands but tDaC unleSS &C
ceptance of this offer was evidenced by
some positive act of exploration, the
offer could be withdrawn, and was
withdrawn by the constitution OF 1877,
From the American point OF view the
positive act doctrine was mere de-
vice that was being imported into the
controversy. On its face the law OF
1909 appears to be subject to no such
involved Interpretation as the supreme
court handed down
On the question of legality of titles
the report says:
'It is safe to say that in country
where land was held by families and
communities, where revolutions have
been frequent, and where corruption
in government has been a major ma
tional problem, and where the courts
have too generally been Subservlent to
the executive power, many titles are
less than flawless, some perhaps thor
oughly bad It is no part of the pur-
pose of this report to discuss the val
idity of titles for the reason that if
every title in question were unexcep-
tional, that fact would not affect the
essential elements of this controversy. .
The report describes the aims OF the
revolution and the condition of the
landless class at the end of the Diaz
regime. After citing a series cf his
torical events that have prejudiced
Mexican opinion against the United
States, the report says:
'This series of events created a back
ground against which Mexicans view
what they regard as an aggressive
policy on the part of the United States
government. In particular they fear
increasing economic penetration of
Mexico by American interests. These
considerations made the present situa-
ton vastly more difficult There is a
widespread feeling in this country as
well as abroad that for permanent
peace and harmony between the two
nations the United States must be pre-
pared to convince Mexico that her
northern neighbor has no unfriendly
designs upon her and that the policy
of the United States is dictated by con-
siderations of justice without any ul-
terror purpose"
The general conclusions of the report
on the four principal items in the con-
troVersy follow.
On the question of retroactivity and
confiscation, the report states: "It is
admitted by the Mexican government
that the way in which the provisions
OF the new constitution for the re-
habilitation of the communal lands
have been applied has given rise to
claims on the part of American owners
Tor damages or restitution. The con-
tention of the Mexican government in
this connection is that the net result
of the land policy has been greatly
beneficial from social point of view
and that the evils incident to its adop-
ton are being mitigated and remedied
as rapidly as possible.
"As to the question whether the new
petroleum law is retroactive and con-
fiscatory, it must be said that rights
which the Mexican supreme court up
held in former decisions which the
Mexican government in 1928 agreed to
observe in future, have been definitely
impaired in the new petroleum law, if
the Mexican supreme court should sus-
tain the law as it stands.
However, final judgment on this
point must be suspended until tine am
paro cases now before the Mexitan Su-
preme court are decided"
On the question of remuneration of
the right to diplomatic protection, the
report says: Although the Calvo
principle has been resorted to through
many decades by Latin American ma
tions for the purpose of protecting the
nations against excessive diplomatic
pressure in the interest of the ma
tionals of powerful governments, it's
general application, with the forfeiture
clause contained in the Mexican con-
stitution, is novel. The CalvO doctrine
marks an area of conflict in the field
of international law which doubtless
will be a battle ground for long time
to come. For the present, at least, it
may be said that however the prln-
clple may be stated, it will not be in
terpreted as depriving a government of
the right to interpose diplomatic in
fluence in cases where it believes Jllat
its citizens have suffered a denial of
justice at the hands of foreign gov,
ernment.'
Considering the question of condi-
OAOAASSA
the Mexican government, the report
says: ''This element in the contro-
verSy seems to be largely of psyche
logical significance. From practical
point of view, it is clear that recogni-
ton of the Obregon government only
after the commissioners of the two
governments in 1928 had developed
assurances which the state depart
ment regarded as necessary"
Regarding the question of remedies
of oil and land disputes under inter-
national law, the report says: "The
practical question, however, is not as
to the merits of the policy of the
Mexican government, but as to the
alternatives open to the American
government and to the American in
terests involved. In the absence of
any adequate machinery of interna-
tional society to guarantee equity as