411.12/1765: Telegram
The Ambassador in Mexico ( Daniels ) to the Secretary of State
[Received 10:55 p.m.]
23. Referring to Department’s instruction No. 283, March 9, 1934, relating to protocol for general claims, the Foreign Office is unofficially agreeable to the draft of protocol suggested by the Department with the following changes:
Page 6 Department’s draft line 650 after the word “Umpire” omit all matter to the end of page. In place thereof substitute a paragraph reading substantially as follows: “All matters relating to the designation of an Umpire, time within which his decisions should be rendered and general provisions relating to his work shall be fixed [Page 437] in a convention to be negotiated under the provisions of article 5 of this protocol.”
Page 8 paragraph “d” lines 7 and 1551 after the word “Answer” insert the following: “and Reply Brief”. This addition would enable the responsible [respondent] Government to present rebuttal evidence if found necessary.
Page 9 second line52 omit the words “or Umpire”. Page 9 line 1553 omit all matter after the word “rests” to the end of paragraph.
Page 14 second line54 omit the words “more than 30 days”. It is thought that they may lead to ambiguities in view of the provisions of (j) paragraph 6.
The Foreign Office feels that for the protocol no additional powers are required as described in the first paragraph of suggested protocol. Does the Department concur in this and the suggested changes in the protocol? Please advise by telegraph.
I had a conference with Foreign Minister Puig this afternoon at which I presented the draft of the special claims convention suggested by the Department in its instruction No. 282 of March 9, 1934. Minister Puig indicated that there would be no difficulty regarding the protocol of general claims along the lines discussed by Colonel Moreno and Licenciado Sierra but that in the draft of the special convention the introduction of the Santa Isabel issue reopened a situation that would result in difficulties in the Mexican Senate. He stated that he had anticipated simultaneous action on the protocol and convention. Minister Puig stated that he would not be able to discuss with President Rodriguez the matter of the general claims protocol and of the suggested terms of the special convention until the return of the President to Mexico City, who will not return to the city under five or six days and that he would see me again on Friday, March 23, when he hoped to give to me the views of the President.
I may add that not much progress can be anticipated in the negotiation from March 23 to April 1st owing to the annual Spring vacation in all government offices.