The Chargé in Mexico ( Summerlin ) to the Under Secretary of State ( Fletcher )

Dear Mr. Fletcher: With reference to the recent so-called nonretroactive decision of the Supreme Court,35 you will be interested to hear, if you do not know it already, that no decision of the Mexican Supreme Court may be considered as establishing a precedent. I received a report, indirectly, from a Mexican lawyer this morning, to the effect that the Supreme Court, acting tomorrow, say, on a denouncement case similar to that of the Texas Oil Company, could render a decision directly opposite to that rendered on August 30th. This being the case, it appears to me that we should continue to press for the signing of the proposed Treaty of Amity and Commerce.36 In this connection, Mr. Pani admitted to me several days [Page 426] ago that such a Treaty would be of the greatest assistance to the Central authorities in cases where State Legislatures would attempt to pass and enforce radical legislation such as the Vera Cruz law for the division of profits, the Durango Agrarian Law and other objectional State legislation.37

Very sincerely yours,

George T. Summerlin
  1. Decision of Aug. 30, 1921, in the amparo case of the Texas Oil Co., p. 464.
  2. Ante, p. 397.
  3. See pp. 473 ff.