File No. 412.00.

The American Ambassador to the Secretary of State.

No. 712.]

Sir: I have the honor to acknowledge the receipt of the Department’s instruction No. 398 of June 27th last, in which I am instructed to report relative to such plans as may have been proposed or such suggestions as may have been made with reference to the question of claims growing out of the Mexican revolution by members of the resident Diplomatic Corps.

[Page 934]

Since the agitation and discussion among the diplomatic representatives which occurred immediately after the creation of the Mexican Claims Commission there seems to have been a disposition manifested not to proceed hastily, but to await developments which may reveal the purpose and policy of this Government relative to the question of the settlement of claims.

A temporary Court of Claims, of excellent personnel, has been organized and is expected to open its sittings in the near future, giving preferential consideration to the Chinese claims, which are vastly greater in number and pecuniary size to those of any other nation. A copy and translation of the rules of procedure of this Claims Commission is transmitted herewith to the Department, and I think it advisable that I should be instructed, at as early a date as is convenient, as to what attitude the Embassy shall take toward this Claims Commission and in what manner it shall advise American claimants.

In the meantime, the Embassy is taking steps to ascertain the names of all American claimants and is instructing them as to the form in which their claims shall be prepared for presentation.

I have [etc.]

Henry Lane Wilson.
[Inclosure.—Translation.—Extracts.]

Rules of the Mexican Claims Commission.

The Constitutional President ad interim of the Republic, exercising the powers vested in him by Section I, Article 85, of the Federal Constitution, and in accordance with Article 2 of the Decree of May 31 last, has seen fit to issue the following:

rules of the consultative claims commission.

  • Article I. In accordance with Article 2 of the Decree of May 31 last, a Consultative Commission shall be established in the City of Mexico, beginning July 1st of this year, which shall have Chargé of the examination and elucidation of claims made against the National Treasury because of injuries to the private estate of persons or for damages directly growing out of the revolution of November, 1910; and to consult with the Department of Finance with reference to the legal foundation or nonfoundation of said claims, and upon the amount of the indemnity, if any, to which claimants may be entitled.
  • Articles II to VII concern the organization, manner of voting, place and time of meeting, etc.
  • Article VIII. All claims shall be submitted in writing, accompanied by the proper proofs, and shall be received from the 1st day of July to the 30th of September of this year. After the expiration of this term no administrative cognizance shall be taken of any claim.
  • Article IX. Claims shall be registered and taken up in the order of their filing with the Commission; and when several of them are filed at the same time they shall be given the alphabetical order of the last names of the claimants.
  • Article X. The Secretary shall keep a register [etc.].
  • Article XI. Claims growing out of forcible occupation, supply of money, arms, horses, or effects, or from loans exacted by the chiefs of the revolution, shall be submitted with the proper orders, certificates of delivery, receipts, and other documents proving the claim.
  • Article XII. The preparation of the records up to the time when they are ready for decision shall be made by means of instructions given by one of the members of the Commission, and to that end the business shall be divided among the members.
  • Article XIII. When the claimants do not prosecute their claims personally but through attorneys, the capacity of the latter shall be proved by a duly certified power of attorney, regardless of the amount of the claim.
  • Article XIV. The claimants shall have the right to ask for a fixed term within which to file proof, which shall not exceed two months from the date on which such term is fixed. During such term all proofs usually contemplated by the law, except those of interrogatories, may be submitted, and in due time they shall be considered in accordance with the provisions of the Code of Civil Procedure of the Federal District. The term of proof shall not be limited for the Commission, and therefore as long as it remains in existence it shall have the right, at any time prior to rendering its decision in any case, to institute such inquiries therein as it may deem advisable.
  • Article XV. The Commission may also accept any means of proof different from those provided in the above-mentioned Code of Civil Procedure which, in its judgment, may be reasonably sufficient to cause conviction concerning the concrete case in question, leaving the estimate of such means of proof to the reasonable opinion of the Commission; but the fact that they may be taken into consideration in some concrete case shall not serve as a precedent which will necessarily cause such means to have the same effect in other cases.
  • Article XVI. All public offices of the federal, states, or municipal government, as well as the chiefs of the army and of revolutionary forces, shall be required to supply information, data, and copies of such documents as the Commission may ask in order to establish and ascertain claims.
  • Article XVII. In case any proof or proceeding is to be had outside of the capital the Commission may appoint for the purpose any authority of the Republic, be it federal or local; and if, because of the amount of the claim or for some other reason, the Commission considers it advisable, it can designate the secretary or any of the commissioners to go to the place in question for the purpose of said proceeding, receiving, in case it is necessary, through the Department of Finance, the assistance of the federal or local authorities.
  • Article XVIII. The decisions reached by the Commission during the course of the case shall be personally brought to the attention of the interested party, if the latter appears at the office within three days from the date in which they are passed, or, in case the party does not appear, he shall receive information in writing from the secretary, who shall address his communication to the domicile mentioned for that purpose in the first application. In the absence of a given domicile notices shall be published in the “Diario Oficial,”
  • Article XIX. When there may be any reason to suspect that false proofs or documents have been submitted and, in general, that a punishable act has been committed; the case shall be brought to the attention of the proper authority, suspending all action and reporting the case to the Department of Finance to the end that it may prescribe such action as may be proper.
  • Article XX. When the term of proof has expired, there being no further proceedings, the record shall be placed at the disposal of the claimant in the Office of the Commission to the end that if he sees fit, he may allege in writing, within a term of fifteen working days, whatever he may consider favorable to his interests. At the expiration of the fifteen days’ term, the Commission shall subject the case to discussion in connection with the decision submitted by such member of the Commission as may have taken cognizance of the matter, without prejudice to the right which all the other commissioners shall have to personally study the record before voting, if they so desire.
  • Article XXI. The final report rendered by the Commission in each case shall be made in the usual form for legal decisions and shall close with concrete conclusions concerning the propriety or impropriety of the claim and the amount, if any, of the indemnity to be paid the claimant. If from the examination of the claim it would appear that a solution strictly in accordance with the law is not possible, the Commission shall so state it in its report and shall propose to the Department of Finance such equitable bases as in its judgment may be adopted to effect a settlement with the party in interest.
  • Article XXII. When the records are completed, with the report of the Commission, their originals shall be sent to the Department of Finance for such definite decision as may lie.
  • Article XXIII. The Commission shall end its labors no later than December 31 of the present year.
  • Articles XXIV to XXVI. [Pay of members and employees of the Commission.]
Madero,
Secretary of Finance.