Evening star., 1927-04-26

government was established which
we did not recognize In 1920 Gen
Obregon was chosen President and
sought recognition. In negotiations
for that purpose it was repeatedly
pointed out that we feared that the
new constitution. although one OF Its
provisions expressly prohibited the en-
actment of retroactive laws, might be
| interpreted as retroactive in its effect
upon the holdings Of real estate which
| our people hau secured prior to its
| adoption.
I'VE sought assurances from the
Mexican government that such was
| not the case. In order to prevent
misunderstanding we sent two com
missioners to Mexico City in 1923 to
confer upon this subject, and also on
| the question of our claims, with two
| Mexican commissioners. Charles
| Beecher Warren and John Barton
Payne represented our Government.
| They had series of conferences ana
kept written records OF their pro-
| ceedings, in which are set out the
recommendation for the appointment
of two claims commissions and the
| understanding that the constitution OF
| 1917 was not to be given retroactive
or confiscsdtory application. These rec
| ords were duly signed and attested
| by the commissioners and were SUD
mitted to the President OF Mexico
and the President Of the United States
| for their mutual approval, which was
| given. 1t was solely because or our
understanding secured in this formal
way that our property rights would
be respected, that recognition of the
! of DN.oI 0hrnHnn
granted on September 3, 1923.
Lands Are Seized.
During the Winter Of 1924 revolu-
| sionary activities started in Mexico
which it seems probable would have
| succeeded in displacing President
Oregon had not our Government
| furnished him with arms and ammuni-
| ton largely on credit and given him
| the advantage of our moral support.
| Our help maintained his position.
Soon after President Gales came into
| mower he and Ire Mexican Congress
nroposed laws and regulations which
we deemed threatened confiscat1on or
American property. To prevent the
appearance of acquiescence we SO
| notified Mexico prior to the passage
of such laws. Nevertheless, they were
passed We have made rurtner pro'
rest against their being put into ef-
fect as they are contrary to our un-
der-sta nding of the conference as a
| result of which we granted recognl'
| tion. In the notes which have Deen
racnived the government of President
| Csa1Ies refuses to be bound by Wnat
we thought was the understanding ar
rived at with President Obregon. we
CLOSED the correspondence by notify
| ing the Mexican government That we
stood souarely on the understanding
made with President Obregon ana we
expected it not to take any actlen thas
would deprive American citlzens Oh
their property or their property rights.
Agricultural lands have apparently
| been seized from time to time 1or
r,hicb mo connpensation has yet been
made While there have been threats
to seize oil property, no such seizures
have lately been made, and SUITS are
now pending in Mexican courts TO re-
strain such seizures. Former oe'
cfsions of their courts are relied on
to support these suits.
Controversy Not Sought.
"stripped of all technicalities and
involved legal discussion, this Is the
main difference which our Govern
ment has with the Mexican govern
ment. We do not question their
right to take any property, provldea
they pay fair compensation. Win
their effort to secure q DIVISION oL
great estates, so that more or their
people may be land owners, we nave
every sympathy. We have even
. oreed that our Government would
accent the bonds of the Mexican gov
ernment in payment for damages
awarded by the commission for lano
taken for this purpose. Or course
we do not want any controversy WIN
Mexico We feel every sympathy
with her people in their distress ana
have every desire to assist them. TnaI
thew welcome conditions under which
life and property are secure is SHOWN
by the hundreds OF thousands Oh
them who are coming to the Unlteo
States, where, through their industry
they thrive and prosper. Under tness
conditions small land holdings Woulo
develop in Mexico as they have de-
veloned here. Those of her citizens
who preferred to seek employment IN
Industry, like many Of our own people,
would have an abundant opportunity
in their own country.
"Instead of desiring to pursue any
aggression or to take part IN any op-
nressior, we are endeavoring tnrougn
the most friendly offices to demon
strate to their government that tneir
attitude in relation to propery VIII
not only result in the economic as
advantage of their own people, by pre-
venting the investment or outsiue
canital so necessary for their de-
veIonrnent, but will greatly impair
their friendly relations Win otlieF 1ii'
terested nations.
Negotiation Is Favored.
att is a, cardinal principal OF law
that private property should not be
taken without fair compensation.
This principal is declared in our
national Constitution and IN those OF
all our States. / know or no written
constitution that does not contain q
similar provision. Under the consul
tuition of 1917, and bylaws ana regula,
tions for carrying it into effect, we 1eei
that Mexico is threatening to disre-
gard this great elementary principle
by undertaking retroactive appl1ca-
tion of their constitution to property
of o,Ir. citizens acquired long Defore
their constitution was adopted.
"The Senate recently passed a reso-
luton scpporting the protection or
American life and property and sug-
costing resort to arbitration. we
have at present two commissions of
arbitration with Mexico, and the prin-
oiple of arbitration has always been
strongly advocated by our Govern
ment' Everybody favors arbitration
when the question at issue Is arol'
trable. .u
"TTnder the present circumstances
r can see grave difficulties in formu-
lating a. question which the two GOV
ernments would agree to submit 10
such a tribunal. The principle thas
property is not to be connscated ana
the duty of our Government TO proIecL
II are so well established that 1t Is
doubtful if they should be permitted to
he questioned Very likely Mexico would