Evening star., 1938-12-24

cations, etc. The
question was as to what steps a
creditor country might take to assert
its rights when any of its citizens
had been despoiled. The committee
reached a final near agreement:
First, that force should not be en-
ployed. 1t was provided also that
no diplomatic intervention should
occur, except in case Of denial Of
Justice"
The Chilean member is fighting
to eliminate the clause except in
case of denial of justice" He sets out
that the local courts are ample safe
guard. Apparently he wishes to
place the international law exactly
in line with the utterances of PreSi-
dent Cardenas of Mexico when he
discussed the Mexican conflscations
before the Mexican Congress and in
his early letters to Secretary Hull.
Plans Minority Report.
He was voted down, being the only
member of the committee to take
that position. There are seven
members of the committee, but only
four members are at the congress.
1t is permanent committee. DR..
Borchard, the member of the COM
mittee for the United States, led the
objection to the Chilean statesman's
proposal The Chilean, Alberto Cru
chaga OsSa, in fiery and aggres-
sive speech, announced his intention
to bring the issue to the floor of the
congress upon a minority report
He has been joined by a Mexican
delegate who apparently has been
chosen since the issue arose to fill
one of the vacancies on the COM
mittee as represented at the meeting.
The real manner in which this addi-
ton to the committee was accom-
plished has not been revealed, al
though its purpose is clear enough.
The situeNon is not being dis
cusSed by Mr.. Hull and probably will
not be until it is regularly before
the congress on the minority report.
The addition of the Mexican men,
bership to the committee adds some
what to the seriousness of the situa-
ton. Every one familiar with the
confiscations in Mexico and Bolivia
realize that the courts of those
countries could not be depended
upon for impartial justice. In both
countries the courts have been made
over by sensational, revolutionary
procedure, and the hand-picked
judges are the creatures of the gov
eminent officials who have brought
about the confiscations.
1t has been apparent that DR..
Castillo Najara, the Mexican Am
bassador at Washington, the leader
Of the Mexican delegation, has been |
working with Secretary of State Hull |
to keep down any discussion Of the
con1scation issue and the existence |
of Mexican support for the Chilean
minority report is a little battling |
One feature of the situation is for |
tunate. The thing the Chilean
wishes to do leaves the issue naked
To depend upon local adjudica-
tion for justice of property rights
to courts, responsive to public senti- |
ment of the country which has just |
gone into the appropriation racket,
would really give no protection at |
all to the rightful owners.
Fair Valuation Impossible.
The properties would be dissipated |
through the delays. No fair valua-
ton would ever be arrived at and |
not the slightest prospect of restitu-
ton would exist.
To accept the resolution as writ |
ten is the limit Of generous trust.
Even before it is accepted there
should be a definition of what is
meant by the words except in case
Of denial of justice"
1t has been thought that Mr.. Hull
and the Mexican Ambassador were
working together to squelch any
effort to discuss the confiscation
issue before the Congress or to write
new law upon the subject. For sew
eral days 1t has been taken for |
granted that neither Mexico nor the
United States is ready to 60 to bat
upon the issue. The thoughtful
Mexicans realize that an effort to
justify their country's outright con-
f1scations in the sessions of the Pan
American Congress might sharpen
the situation between the United
States and Mexico and produce a
political crisis through which the
present government of Mexico could
not ride. They know that already
a terrific sentiment both in Mexico
and the United States is rising
against the despoliations. There is
talk Of United tSates congress
sional investigation which would
produce convincing revelation of
the character of Cardenas' COM
munistic setup.
(Copyright, 1881