File No. 812.63/462

Ambassador Fletcher to the Secretary of State

No. 89

Sir: Referring to my telegram No. 113, April 20, 5 p.m., I have the honor to enclose text and translation of a circular relative to mining properties in the State of Oaxaca, Mexico, issued April 3, 1917 by Pastor Rouaix, Secretary of the Department of Fomento. Since this circular was issued, matters relating to mining properties have been transferred from the Department of Fomento to the new Department of Commerce and Industry.

The meaning not being plain for that portion of paragraph 1 wherein reference is made to documents “of a date prior to June 3, 1915 or [Page 1055] after that date”, I requested the Secretary of Commerce and Industry to clear up this point, and I have received his answer as follows:

By documents executed “prior to June 3, 1915” are meant those put in process of execution before the date stated by Constitutionalist authorities, but continued at a later date by authorities acting without legal right.

By documents executed “after that date” (June 3, 1915) are meant those started in process of execution after June 3, 1915 and before March 3, 1916 by authorities acting without legal right, whose acts are considered null and void.

To continue the proceedings for the first class of documents, the interested parties should ask “confirmation” (revalidación) and for the second class they should ask “reposition” (reposición).

I have [etc.]

Henry P. Fletcher
[Inclosure—Translation]

circular of the department of fomento relative to mining properties in oaxaca

On September 29, 1915, by instructions of the First Chief of the Constitutionalist Army, all acts and decisions which were or may have been made effective with regard to matters under the jurisdiction of this Department, by the so-called Departments of Agriculture and Fomento, of Industry and Commerce, or by any other office not forming a part of the Constitutionalist Government, were declared null and void. In virtue whereof, and considering the well known fact that the State of Oaxaca refused obedience to the Government from the 3d of June 1915 to the 3d of March 1916, be it declared:

1.
Those interested in denouncements of mining properties, who during the period mentioned may have had transactions with any of the mining agencies established in the State of Oaxaca not forming a part of the legal Government of the Republic, and who desire a continuance of proceedings in the said transactions in connection with which documents appear of a date prior to June 3, 1915 or after that date, are obliged to undertake confirmation or reposition of such transactions, and in doing so they will observe the requirements of Circulars 2, 3 and 7 issued by this Department on September 15 and October 20, 1914 and March 31, 1915 respectively.
2.
In order that the preceding paragraph may be complied with, a period of time is granted, beginning to-day and expiring on the 15th of June next, at the expiration of which the rights of the concessionaires will cease in the case of those who do not comply with the requirements of this circular, and in such cases the cancellation of these rights will be ordered, the property in such cases being open to a new denouncement without the necessity of its previous publication on the bulletin board of the respective agency.

Constitution and Reforms

Pastor Rouaix