817.041/9: Telegram
The Minister in Nicaragua (Eberhardt) to the Secretary of State
[Received 6:10 p.m.]
219. Department’s August 30, 3 p.m. The Supreme Court has already ordered the reinstatement of the appellate judges, and the court at Leon though not at Bluefields has been turned over to the former incumbent. The Supreme Court has thus forced the issue and it maintains that it cannot reverse its action without great detriment to its prestige and without establishing in practice the right of Congress to appoint and remove judges for political reasons. The Liberals support it in this position. The Government asserting its desire to follow the procedure suggested in the Department’s August 22, 5 p.m., refuses to pay the salaries or recognize the authority of the new judge at Leon. Both sides are obviously playing politics in this matter, each hoping to have the Department’s support in humiliating the other. I can see no reasonable solution which will satisfy either party but I consider it very advisable that a solution of some kind be reached because there will otherwise be no appellate courts in the two departments involved and there will be a most embarrassing and potentially dangerous controversy in December when Congress meets.
[Paraphrase.] With the Department’s approval, I believe that it might be possible to insist on a solution based upon the status quo. Under such a plan the Government would recognize the reestablished court at Leon, the Supreme Court would withdraw its order to reinstate the former judge at Bluefields, leaving to Congress which meets in December the reorganization of this court provisionally effected. Immediate instructions requested. [End paraphrase.]