Mr. Clayton to Mr.
Hay.
Embassy
of the United States,
Mexico, August 8,
1901.
No. 1038.]
Sir: I have the honor to transmit herewith a
copy of a communication from M. Brown, an American citizen, dated the
30th ultimo, complaining of illegal eviction from a house occupied by
him in this city, under lease, and of illegal imprisonment on account of
his refusal to obey the order of the governor of the Federal district to
vacate said property.
I also have the honor to inclose a copy and translation of a memorandum
handed me by Mr. Brown, briefly setting forth a history of the
proceedings. * * *
After carefully examining the aforesaid papers and having become
satisfied of the justness of Mr. Brown’s complaint, I brought the matter
to Mr. Mariscal’s attention yesterday, unofficially, leaving with him a
copy of the aforesaid memorandum, which he read in my presence and
remarked that he already had some knowledge of the case. He expressed
the opinion that Mr. Brown was entitled to damages, but did not commit
himself as to Brown’s right to indemnity on account of his false
imprisonment.
At Mr. Mariscal’s request I to-day furnished him with the name of Mr.
Brown’s attorney. I remarked that I brought the matter to his attention
unofficially because I believed he would see to it that justice [Page 787] was done to Mr. Brown who,
having received a favorable judgment from the supreme court of the
nation, complains that he is unable to receive the fruits thereof. Mr.
Mariscal expressed his appreciation of my course and promised to give
the matter attention as soon as he could confer with Mr. Brown’s
attorney.
I am of the opinion that the matter will be satisfactorily adjusted
without recourse to diplomatic intervention.
I have, etc.,
[Inclosure 1.]
Mr. Brown to
Mr. Clayton.
Dear Sir: The undersigned, a citizen of the
United States of America, residing in the City of Mexico, feeling
himself aggrieved and injured by the action of the Federal governor
of this district and the first correctional judge of the Republic of
Mexico, as shown in the copies attached hereto, places himself
within the protection of the United States Government in the person
of its honored ambassador, and respectfully petitions your
excellency to use your good offices in obtaining from the Mexican
Government a rectification of the grievance which your petitioner
believes he has suffered.
Yours, respectfully,
[Inclosure 2.]
Statement of Mr. Brown’s case.
Mr. Michael Brown, a citizen of the United States of America,
resident of this city, entered into a contract with Mrs. Paulina
Diffonti to lease the house No. 9 Gante street, in which to
establish a shop for dyeing and cleaning clothes, the duration of
the said lease to be two years from November, 1899, obligatory on
both the contracting parties.
While Mr. Brown was in the peaceful enjoyment of his lease Mrs.
Diffonti conceived the idea to add another story to the house, in
order to obtain more rent therefrom. With this object in view, she
proposed to Mr. Brown to rescind the contract, offering to indemnify
him therefor; and as Mr. Brown declined to accept the proposal, Mrs.
Diffonti applied to the governor of the district to compel Mr. M.
Brown to vacate the house, alleging that it was in a ruinous
condition and liable to fall down at any time.
The governor of the district admitted the petition of Mrs. Diffonti,
and notified Mr. Brown to proceed immediately to vacate the house,
and did not desist from this resolution although Mr. Brown several
times begged that the house be examined, as was proper in the case,
alleging that then it would be found that it was not in a ruinous
condition and that the allegations of Mrs. Diffonti were a mere
pretext to recover the house. The governor carried his hostility to
Mr. Brown so far as to commit him to the first correctional judge on
the charge of disobedience.
Mr. Brown appealed for a stay of proceedings and protection against
the order of the governor of the district, which was designed to
deprive him of the house No. 9 Gante street, and against the acts of
the first correctional judge, who had deprived him of his liberty by
committing him to prison and holding him there during three
days.
The appeal for stay of proceedings being sustained, the second
district court and the supreme court granted to Mr. Brown the
protection of the justice of the union against the acts of the
governor of the district and of the first correctional judge.
The decree of the supreme court granting protection to Mr. Brown from
the acts of the governor of the district has not yet been complied
with, because Mrs. Paulina Diffonti refuses to return the house as
it was when Mr. Brown was deprived thereof, thus setting the said
decree at defiance, as the legal effect of the said decree is to restore things to the condition in which
they were previously.
[Page 788]
From the preceding simple statement it is seen that Mr. Michael Brown
holds the right—
- First. To the fulfillment of the decree of the supreme
court, which orders the restitution to him of the possession
of the house No. 9 Gante street, of which he was illegally
dispossessed by the governor of the district.
- Second. To indemnity for the damages and losses suffered
and still being suffered from the aforesaid acts.
- Third. To indemnity for the damages and losses caused by
the illegal imprisonment he was made to suffer by the
governor of the district and by the judge of the first
correctional court.