411.12/2340: Telegram

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

107. With reference to the Department’s telegram 104, June 20, 2 p.m., and my 105, June 23 1 p.m. As a result of discussion this morning with Beteta and Cordova they suggested the following procedure:

That we should reply to their note of June 18 stating our objections to their proposed convention and if it is deemed advisable stating substance of Department’s 104. They will understand, however, if the statements contained in 104 particularly in second paragraph are not included in the note and will be satisfied that they should not be included.

They ask us, however, in this note to inquire whether in view of the difficulties which have arisen over the procedure by convention suggested by the Mexican Government the latter does not have an alternative procedure to suggest.

The Foreign Office would then reply to the proposed note as follows:

“The Government of Mexico considers that claims filed with the General Claims Commission which the agencies of the two countries [Page 746] before that tribunal shall not have memorialized by June 30th, 1936, should be held as extinguished by waiver on the part of the Governments of the United States and Mexico, respectively, by virtue of the agreement implicit in paragraph (h) clause 6 of the protocol of April 24th 1934. However, the Mexican Government, desirous of finding a practical procedure which, without implying a reversal of Mexico’s position, will permit the Government of the United States of America to overcome the difficulties which it appears to have encountered in accepting the proposal contained in the Mexican note dated June 11th, 1936, suggests the expediency of having both Governments, through their respective agencies, adopt the course set forth below:

On the 30th of the present month of June, both agents shall submit to the General Claims Commission an omnibus memorial of all those claims which, though duly filed with the tribunal, have not been memorialized.
This memorial shall offer no evidence of any kind.
In this memorial, each agent shall petition that all the claims listed therein be heard and decided in accordance with the terms of article VIII of the convention of September 8th, 1923.
On the 15th of July next both agents shall simultaneously submit to the consideration of the arbitral tribunal a reply to the omnibus memorial above mentioned. In this, each agent shall request the Commission to reject the omnibus memorial of the other and, therefore, the claims listed therein on the basis of lack of evidence.

4. Sic. In both the omnibus memorial and in the amendments submitted in accordance with the above points both agents shall respectively declare that they waive the preparation of briefs in connection with the claims listed in the respective omnibus memorials.”

This would be followed by note from us accepting this method of procedure.

I shall await your views on this proposal before taking the matter up further with the Foreign Office.