339.115 General Motors Export Co./93: Telegram

The Secretary of State to the Minister in the Dominican Republic (Schoenfeld)

23. Your despatch No. 2346 [2436], April 29; your 44, May 4, 5 p.m.,12 and 45, May 7, 4 p.m.12 As acts in connection with which fine imposed on Dominican Tobacco Company, a majority of whose stock is American owned, were committed, according to statement of Dominican Inspectors of Internal Revenue, prior to enactment of law of March 13, 1935, prescribing the fine, courts obviously precluded by Title VII, Section I, Article 42, of Dominican constitution, from convicting under such law.

You are authorized to submit representations in writing to appropriate authorities, supplemented by oral discussion if you deem it advisable, pointing out the summary nature of trial, lack of notice thereof, right of company to be represented by counsel, inability under circumstances for accused to present defense and haste with which decision announced, a 24-page decision having been handed down within 15 minutes after case called for hearing. You should stress that this Government is deeply interested in seeing and must insist that its citizens are accorded all rights to which they are entitled by established principles of international law, especially that they do not suffer a denial of justice or of just procedure. Finally, you should request the prompt remission of the fine imposed upon the company and reserve in behalf of American interests all rights growing out of any losses that may have been sustained by the company through this incident.

Keep Department informed of all developments.

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