Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1900

Mr. Hay to Señor Azpíroz.

Department of State,
Washington , March 28, 1900 .

No. 78.]

Excellency: As you are advised, the Congress of the United States, acting upon the recommendation of this Department, passed an act¹ which took effect December 28, 1892, authorizing and directing the Attorney-General to bring a suit in the Court of Claims against La Abra Silver Mining Company to determine whether the award made by the United States and Mexican mixed commission in respect to the claim of the said La Abra Company was obtained by fraud; and in case it should be so determined, to bar and foreclose all claims in law or equity on the part of said company, its representatives and assigns, to the money received from the Republic of Mexico on account of such award.

In accordance with the terms of the act of Congress of 1892, the Attorney-General brought suit in the name of the United States against said La Abra Company, and, after a patient and careful hearing of the case, the Court of Claims decided that the award made by the mixed commission was obtained by fraud, and a decree was rendered barring and foreclosing all claim on the part of said company, its agents, attorneys, or assigns, to the money received from the Republic of Mexico on account of said award; and, on an appeal being taken to the Supreme Court of the United States, this latter tribunal affirmed in full the decision of the Court of Claims.

Of the sum paid by the Government of Mexico on account of La Abra award, it appears that there is remaining under the control of this Department $403,030.08, which, in accordance with the legislative and judicial proceedings above cited, it is now within my power to return to the Government of Mexico. Acting under the direction of the President, and in pursuance of the spirit of equity and fair dealing which controls the conduct of this Government in its relations with the neighboring republics, it is now my very agreeable duty to inclose to you herewith a check for the amount above named drawn upon the assistant treasurer of the United States at New York and made payable to your order.

Accept, etc.,

John Hay.

1. See Statutes at Large, vol. 27, p. 409, et seq.