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The Chargé in Nicaragua (Munro) to the Secretary of State

289. Under the existing electoral law the Supreme Court must elect the president of the National Electoral Board before December 1st. The Minister of Foreign Affairs has inquired informally whether they would prefer that the Supreme Court elect General McCoy now or that another person should be elected who would later give place to General McCoy. In either case the appointment would presumably become ineffective when the law is amended as it is understood that General McCoy will receive his final appointment from the President of Nicaragua. The Minister for Foreign Affairs thinks that other steps which the law requires to be taken before the time when Congress will have been able to amend the law can be neglected for the present by mutual consent, but he does not think that it would be proper to ask the Supreme Court to disobey or to disregard a law even when it knows that the law is to be changed. If the Supreme Court takes action he and I both feel that it would be better for it to elect General McCoy to prevent any misunderstanding. Please instruct.