File No. 412.11/85.
The American Consul at Ciudad Juárez to the Secretary of State.
Ciudad Juárez, April 8, 1912.
Sir: I have the honor to report with reference to instructions1 of March 8 and April 2, and referring to the matter of assisting the Mexican Consul at El Paso in securing an adequate presentation and settlement of the claims of American citizens and injury inflicted upon them during the Madero fight at Juárez.
The said Mexican Consul has notified the claimants and their attorneys through the press and by personal notice of his readiness to take up the investigation of said claims, and requested them to present the same together with such evidence as they have for the establishment of the justice of the claims, etc.
On April 5, 10 a.m.—time appointed for one of the claimants—I was at the Consulate at El Paso. The attorney in the case, after being called by phone, appeared. His client being a Chinaman, but was not present, and was represented to be in Los Angeles. The claimant alleges that he was shot the day of said battle, and injured to the extent of $20,000. The attorney, however, presented no evidence to prove the allegations, and admitted his inability to show that his client was a citizen of the United States, but claimed that inasmuch as the Chinaman had resided at El Paso for several years [he] was entitled to the protection of the United States, etc.; to which the Mexican Government [Consul?] dissented and said that he could entertain the case only on its coming through the Chinese Legation. And thus the day’s work was ended.
On April 8th, 10 a.m., a case having been called for that time, but the attorneys in this case by phone advised the Consul that they were too busy in court and could not take up the case.
In this connection I will state that it has come to my knowledge unofficially that it is agreed among several, if not a majority of the attorneys representing these claimants, that they do not submit their cases to the said Mexican consul for adjustment, preferring (as I am led to believe) to wait for the commission provided for in the Joint Resolution presented by Representative Smith, of Texas, in the House of Representatives.2
The Mexican Consul will, however, continue to invite the claimants, agents, or attorneys to present their claims, and will endeavor to have a full and concise legal record of the facts in each case made in both languages. He also states that he is authorized to make settlement, and, if able to do so, to liquidate without delay.
I have [etc.]
- Not printed.↩
- House Joint Resolution 255, “directing the Secretary of State to investigate claims of American citizens growing out of the late insurrection in Mexico, determine the amounts due, if any, and press them for payment.” It was introduced by Mr. Smith of Texas February 27, 1912, referred to the Committee on Foreign Affairs and ordered to be printed; reported back to the House April 15, 1912, by unanimous vote, without amendment and with recommendation that it pass (House Report No. 556, 62d Congress, 2d Session).↩