File No. 312.115Am3/29.
The Assistant Secretary of State to the American Ambassador.
Washington, April 16, 1912.
Sir: I enclose a copy of a letter1 from the American Smelting and Refining Company of New York City, in which they state that they [Page 909] are in receipt of a telegram from their manager in Chihuahua saying that General Orozco has demanded payment to be made to him for freights due by the company to the National Railway lines for the month of March, and that hereafter such payments for freight should be made to him. They point out that they will doubtless have demands made upon them by the railroad for repayment of the freight if paid to General Orozco; also that the same situation would doubtless apply to the export tax on shipments from Chihuahua.
Some time ago the American Consul at Chihuahua was advised as follows: [Telegram of March 27, 4 p.m.]
It is believed that this instruction to the Consul states the general principles which control in the matter of the payment of taxes, customs duties, etc., to insurrectionary or revolutionary officers, and it would apply to the case suggested by the American Smelting and Refining Company.
You will lay the matter before the Mexican Government and state that the Government of the United States will regard such payments made for freight and export taxes to the persons exercising de facto authority as completely relieving the Smelting Company of further obligation in regard to such payments.
I am [etc.]
- Not printed.↩