Papers Relating to the Foreign Relations of the United States, 1923, Volume II

811.1254 V 65/3

Decision Rendered by the Justice of the Superior Court of Essex County, Massachusetts ³⁵

undated

Commonwealth of Massachusetts

superior court

Essex, ss.

In Equity

United States of Mexico vs Fernandez

This cause came on to be heard upon a plea in abatement, a motion to dismiss and a demurrer. It was argued by counsel. I find that the United States of Mexico is an “international person.” That the property alleged to have been taken is the property of said person and not of any individuals of a government of said person and is within the Commonwealth of Massachusetts. That the government of the United States of America has not accorded recognition to the Administration now functioning in Mexico; but that intercourse is in fact maintained between the peoples of this United States of America and of the United States of Mexico. That consuls commissioned by the existing Administration in Mexico function in various places in this United States of America, lacking only the formal exequatur from the government of the United States of America. That an embassy is so maintained at Washington in the District of Columbia lacking only said formal recognition.

I take judicial notice that negotiations for formal recognition by the government of the United States of America of the administration now functioning in the United States of Mexico and so functioning at the date of the filing of this bill are in progress; and I take the law to be that recognition if accorded will relate to a period prior to the filing of this bill and to the acts complained of. I find that persons acting in fact within these United States of America generally in matters affecting the property and interests of the international person, the United States of Mexico, other than in diplomatic relations with the United States of America, authorized the bringing of this proceeding and the appearance of the counsel for the plaintiff. Accordingly I overrule the plea in abatement but without prejudice to raising the question by answer and upon a trial of the merits whether the United States of Mexico may maintain this bill. I deny the motion to dismiss; and overrule the demurrer, paragraph one of the bill having been amended before the hearing on the demurrer.

William Cushing Wait

Justice of the Superior Court

1923 June 29.
A true copy.
Attest:— [seal] Geo. E. Lord
Ass’t. Clerk

35. Received at the Department without covering letter on July 18, 1923.