File No. 812.6363/171.
Vice Consul Bevan to
the Secretary of State.
No. 1355.]
American Consulate,
Tampico,
February 7, 1915.
Sir: I have the honor to transmit herewith a
copy of a decree and its translation stating that all construction work
erected on the federal zone without government permission will be
confiscated by the Government; also a copy of a notice published in the
Tampico newspaper to all the companies occupying the federal zone to
present within a period of three days the documents that cover their
permits to occupy said zone.
The federal zone is a strip of land twenty meters in-shore from the
high-water mark; it extends as far inland as the tide. The permits for
construction of wharves and buildings on the federal zone obtained
during the Huerta administration are not recognized as legitimate by the
present de facto Government, Besides, on account of the political unrest
and the impossibility to get in touch
[Page 878]
with persons authorized to give such permits, a
number of the oil companies have erected buildings on this zone without
special permits, with a view to obtaining them as soon as conditions
settled. Such buildings were absolutely necessary and erected without
permits because there was no Government representative in Tampico, and
the telegraphic and railroad communication with Mexico City was cut.
If the dictates of this decree are carried out, all of the oil companies
will be considerably damaged. * * * All action in regard to this decree
is being held in abeyance while the companies are getting together what
permits they have for use of the federal zone. * * *
I have [etc.]
[Inclosure 1—Translation.]
Decree of January 29, 1915.
Venustiano Carranza, First Chief of the Constitutionalist Army, in
charge of the Executive Power of the Nation, and Chief of the
Revolution, using the extraordinary faculties with which I am
invested, and
Considering that on the lands of Federal jurisdiction in the maritime
zones and on the banks of the rivers and, in general, on all lands
belonging to the nation, there exist constructions and diverse works
are exploited without concessions, contracts or legitimate
privileges;
That, according to the provisions of the civil legislation of the
Federal District, all works constructed on lands of the public
domain without due authorization are the property of the nation by
right of accession;
That even though contracts, concessions or permissions exist, they
have almost invariably been based upon favoritism or lucre, without
the nation deriving the benefit to which it has right;
That although in some cases the law allows the Secretary of Hacienda
to grant permits or concessions for transient occupation of the
federal zones, these should be a mere exception which will in no
manner obstruct the common use of the common property; and
That the concessions made up to this date, especially in proximity to
ports, have been granted in such number and with such lack of
judgment that they have come to be true monopolies in some cases or,
in other cases, extensive invasions of the federal zones for the
benefit of individuals; whereby it becomes necessary not only to
reestablish the public dominion over such property where the
construction or occupation lack permission but also to revise the
legitimately existing concessions and to take up such permits as do
not have the necessary requisites and constitute advantages to
individuals to the detriment of the common use—
I have seen fit to decree the following:
Article 1. From the date of this decree all works or constructions
existing on lands of Federal jurisdiction without due and lawful
authorization pass to the jurisdiction of the nation.
Article 2. The Secretary of Hacienda and Public Credit will at once
prepare to take possession of the unauthorized works and will
decide, in each case, whether the work is to be destroyed or
otherwise disposed of.
Article 3. The contracts, permits or concessions considered by their
possessors to be lawful will be subject to revision and revalidation
by the Secretary of Hacienda and Public Credit, to whom the
interested parties should apply within three months from the date of
this decree. In territory not now occupied by troops under orders
from this office, the said term of three months will be counted from
the date on which such territory is occupied by troops of the
Constitutionalist Army.
Article 4. The revalidation mentioned in Article 3 will not be
conceded in cases where the said Secretary, on account of public
utility, considers necessary the vacation of the premises or the
expropriation of the works existing thereon.
V. Carranza.
Vera Cruz
, January 29, 1915.
[Page 879]
[Inclosure 2—Translation.]
Notice.
Technical Commission of the Port,
Tampico, First
District.
“Victorio E. Góngora, Inspector of Ports, makes known to all those
whom it may concern that from this date they should apply
exclusively to the Inspection Office of the First District, in his
charge, in regard to all matters pertaining to permits for
occupation, concessions and constructions in the Federal Zone,
either maritime or fluvial, in order that such applications may be
forwarded through him to the office of the Secretary of
Communications and Public Works.
He furthermore makes known to all those now occupying any part of the
Federal Zone that they must present, within three days counted from
the first of February, the documents that cover their permits of
occupation.
The office is temporarily situated in the National Telegraph
building.
Office hours are from 8 a.m. to 12 m. and from 3 p.m. to 6 p.m.
Tampico, January 31, 1915.
