814.00/441: Telegram
The Minister in Guatemala (McMillin) to the Secretary of State
[Received April 22—5:48 p.m.]
78. Department’s 40 April 17, 6 p.m. The taking over of the Government as described in Legations’ 67 April 8, 8 p.m. was [Page 752] under Herrera’s election by Congress. It seems that Unionists fearing the legality of this proceeding at a called session of Congress during the bombardment named Carlos Herrera as first designado and José Zelaya as second designado and under this proceeding the organization of Government as described in Legation’s 74 April 16, 5 p.m. was made, after the surrender and resignation of Estrada Cabrera, devolving the Government on Herrera as first designado.
I desire to make further examination before giving the opinion as instructed by Department as to the constitutionality of the last organization. Have informally met Unionists leaders, relative to moderation and amnesty, and will continue efforts in that direction. Efforts to prevent lawlessness and to restore peace and quiet have been more and more successful than was anticipated. Conditions in city improving daily. Good reports from provinces.