812.6363/2479: Telegram

The Chargé in Mexico ( Schoenfeld ) to the Secretary of State

23. My telegram number 19, January 11, noon.7 I am informed that the Minister of Industry has no objection to Department releasing for publication correspondence exchanged with Branch.

Meanwhile Branch received yesterday corrected text of letter from Department of Industry quoted in Ambassador’s telegram mentioned8 but this corrected version is signed by Eduardo Butron, Chief Clerk of the Department of Industry, “By order of the Secretary,” Morones having left the city. The corrected quotation from the report of the Second Committee on Constitutional Points is as follows in translation:

“To confirm a right is to recognize it expressly in its whole extent and with the conditions inherent therein in such a way that no restriction [Page 296] whatever can be established with regard to the extent or conditions of the right which is confirmed because any restriction in these particulars implies a modification of the right confirmed and a retroactive application of the law contrary to article 14 of the Constitution, since the rights, confirmation of which is ordered by article 14 of the petroleum law, are prior to the going into effect of our fundamental law.”

[Paraphrase.] I have been informed by Branch that a district court in the Federal District recently rendered a decision in an amparo action brought by an oil company against the constitutionality of the petroleum law of December 26, 1925. This decision holds that the law is unconstitutional in certain articles in addition to articles 14 and 15. Branch will furnish me with the details of the decision very shortly. Branch suggests, and Clark concurs, that in giving publicity to the Branch-Morones correspondence as now revised that the Department would do well also to give publicity to the decision of the district court last above mentioned. Since the full particulars on this decision will be sent to the Department when available, it is suggested that publicity be deferred until the receipt of this information. [End paraphrase.]

Schoenfeld
  1. Not printed.
  2. Telegram No. 16, Jan. 9, 7 p.m., p. 293.