417.00/263
The Chargé in Nicaragua (Dennis) to
the Secretary of State
Managua, December 9,
1926.
[Received January 5, 1927.]
No. 310
Sir: Referring to my Despatch No. 302, of
November 25, 1926 in regard to the proposed Mixed Claims Commission, I
have the honor to transmit a translation, made by the High Commissioner,
Mr. Hill, of the law providing for this Commission as voted by Congress
on December 1st.
I have [etc.]
[Enclosure—Translation]
Law Enacted December 1, 1926, by the Nicaraguan
Congress, Providing for the Establishment of a Claims
Commission58a
The Senate and House of Deputies
of the Republic of Nicaragua Decree
- Art. 1. There shall be established,
with its seat in the Capital of the Republic, a Tribunal or
Commission of Claims, which shall hear and decide, without
further appeal, all the claims for war exactions, requisitions
and war damages to property which are unpaid and pending against
the State from October 25, 1925 up to the date of the
reestablishment of peace.
- Art. 2. The Commission of Claims
shall be formed of three members: one of the Conservative Party,
one of the Liberal Party and a third shall be the Commissioner
for the Department of State of the United States on the High
Commission. The two Nicaraguan members shall be named by the
Executive.
- Art. 3. The decisions of the
Commission shall be made by the three members, with the
obligation that each one shall indicate his respective vote. The
Commission will decide all matters by a majority vote.
- Art. 4. The Commission of Claims
will decide all claims as arbiters.
- Art. 5. The Commission shall be
installed in the Capital of the Republic within fifteen days
after the reestablishment of peace. Within this period it shall
issue its regulations and rules of procedure. Five days after
the issuance of these, the Commission will begin to function.
The Claims shall be presented in the form and [Page 462] with the requisites required
in the said regulations. Notice of the installation and copy of
the regulations shall be published in the Gaceta.
- For the purpose of this Article the official date of the
reestablishment of peace shall be the date publicly and
officially proclaimed by the Executive.
- Art. 6. Nicaraguan citizens and
juridic persons and foreign citizens and companies shall have
equal rights to present themselves before the Commission. Those
who do not present their claims within six months after the
installation of the Commission, will not be able to do so later
and will lose the right to any indemnization either judicial or
extrajudicial.
- Art. 7. There shall be considered as
Claims against the State, the exactions, requisitions and war
damages caused by both parties in the civil strife of 1926; but
the benefits of this law shall not accrue to either individual
foreigners or foreign companies who have taken part in the
revolutions in Nicaragua, or those who belong to countries which
have furnished arms to aid said revolutions.
- Art. 8. Each member of the
Commission shall enjoy a salary of three hundred cordovas per
month.
- Art. 9. The Secretary of the
Commission shall be a Nicaraguan named by the Commission and
shall enjoy a salary of one hundred cordovas per month. The
Commission may dispose of two thousand Cordovas per year for the
office expense and expenses of investigation, upon which it may
decide, and [all] in accordance with the
dispositions of the Regulations.
- Art. 10. All the members of the
Commission shall remain in the Capital and not be absent during
office days except for duly justifiable cause. In case that any
member shall persistently absent himself without cause or for
any motive should become incapacitated for the fulfillment of
his duties, the remaining members shall notify the Executive who
shall proceed immediately to the appointment of the person to
replace the negligent or incapacitated member. The newly
appointed member shall meet the requirements of Art. 2.
- Art. 11. The functions of the
Commission shall terminate within one year from the date of the
installation. Within this period all matters presented and
resolved by the Commission shall be decided and
published.
- Art. 12. The Executive shall provide
the funds necessary to make the payments to which the State
shall become obligated by the decisions of the
Commission.
- Art. 13. The Treasury shall be
represented before the Commission by a lawyer named by the
Executive to who[m] shall be given the legal notifications and
hearings. This lawyer shall enjoy a salary of one hundred and
fifty cordovas per month.
- Art. 14. The claims shall be
presented to the Commission by the claimant or claimants
personally or by a representative with power of attorney duly
authorized by notary or by local civil judge, in the forms and
with the requisites which the regulations of procedure of the
Commission may demand. The documents on presentation and
resolution shall be in [on] unstamped
paper.
Given [at] the session halls of the House of the Senate.
Managua, 1st December,
1926.