411.12/2333: Telegram
The Chargé in Mexico ( Boal ) to the Secretary of State
[Received 10:15 p.m.]
95. With reference to the Department’s telegram 100, June 17, 7 p.m. Foreign Office expects to deliver its reply to note contained in instruction No. 1109 of May 29 tomorrow. I have discussed the matter with Beteta and find that the Mexican Government expects to contend that its interpretation of the Protocol of April 24, 1934, paragraph No. (h), coupled with the letter from Mr. Hunt46 of July 29, 1935, is that the understanding between the two Governments was that unmemorialized claims were to be eliminated leaving only those cases to be submitted to the Commission which were worthy of arbitration. The Foreign Office is in agreement that it would be desirable to dispose of these unmemorialized claims once for all by the Commission but believes that this should be done on the basis of terms of reference to the Commission which would preclude the Commission’s making awards in these cases and would simply permit it definitely to eliminate them.
I pointed out that it might be difficult from our point of view to seem to predetermine the action of the Commissioners but they said they felt the term “heard and decided” is too broad to meet their interpretation of the understanding which was arrived [at?] in 1934 and 35.
I have discussed with Beteta the substance of your telegram 101 of June 17, 8 p.m.47 requesting data regarding memorials to be filed. While he says he will answer me more definitely within the next few days on this point, he feels that their shortage of persons for the preparation of the memorials is such that they may not be able to supply fully the information which the Department desires. He also expressed the belief that this shortage is so serious that they may not be able to present all the memorials which they had expected. If it [Page 738] appears that this is the case he feels that the resulting possible saving to our Government will further strengthen their argument for elimination of the unmemorialized claims through the medium of restrictive terms of reference in their submission to the Commission.
I explained to him that as a practical matter it would be very desirable for our agency to have the data requested in the Department’s telegram 101.