File No. 312.52/622.
Consul Alger to
the Secretary of State.
No. 617.]
American Consulate,
Mazatlan,
May 22, 1915.
Sir: I have the honor to enclose
translation of a decree issued by the municipality of Mazatlan on
May 19. I have made protest against the carrying out of this decree,
copy of the same enclosed, and submit my action to the Department
for approval or otherwise.
I have [etc.]
[Inclosure
1—Translation—Extract.]
Report of the special committee of the
Municipal Council.
Honorable’ Colleagues: The undersigned, commissioned to pronounce
upon the proposed decree relating to the expropriation of the
Empresa de Agua of this city which was presented to you in
compliance with the resolution of this Council of the 8th of
February, now render our report:
* * * If we are bound by the Constitution, only two roads are
open: a private transaction amicably arranged, or payment in
advance. The first has not been attempted by this committee
since it lacked authorization; the second we shall not attempt
since we lack money.
We must renounce all legalistic scruples; we do not need to
observe the law in order to act lawfully. If we know that our
actions rest upon the purest foundation of justice, why trouble
about a puritanism of form? The end justifies the means.
To argue about the constitutionality of the measure we propose to
execute is to lose time in useless discussions, once we consider
that this Municipal Council emanates from the Revolution and not
from the Law, because we have put aside the Law in order to
correct the vices which are precisely the cause [Page 1040] of the Revolution. * * * Let us
say with Madero: Perish the Constitution so the people may be
saved. And let us adopt this resolution:
- Art. 1. We decree, on the ground of public utility,
the expropriation of the Empresa de Agua, S. A., of this
city, its pumping-plant at Pena Hueca, its pipe-lines,
installations, and all other properties of said
Empresa.
- Art. 2. Let the expropriation be effected immediately,
for which purpose [etc.]
- Art. 3. The rights of the expropriated company remain
safeguarded, in order that upon the reestablishment of
the courts of law they may make them valid.
- Art. 4. Let the decree be issued.
-
Santiago D.
Rodríguez.
-
Ruperto Gómez.
-
Manuel Mora.
Mazatlan
, May 12,
1915.
[Inclosure 2.]
Consul Alger
to the Acting Governor of
Sinaloa.
American Consulate,
Mazatlan,
May 22, 1915.
I, W. E. Alger, Consul of the United States of America at
Mazatlan, Sinaloa, as the representative of American interests
in the State of Sinaloa, and in behalf of the American owners of
shares in the “Empresa de Agua” of Mazatlan, hereby formally and
solemnly protest against the carrying out of the decree of the
Municipality of Mazatlan, expropriating the “Empresa de Agua” of
their property—a decree the authors of which declare to be
illegal and contrary to the Constitution of the Republic of
Mexico.
Respectfully,
