Papers Relating to the Foreign Relations of the United States, 1918

File No. 412.00/56

Decree of November 24, 1917, creating a commission to pass upon claims for damages to persons and property growing out of the Mexican revolutions¹

November 24, 1917

[Translation]

I, Venustiano Carranza, Constitutional President of the United Mexican States, to the people thereof make known:

That in use of the extraordinary powers in the Department of the Treasury conferred upon me by the Congress of the Union, I have seen fit to decree the following:

• Article 1. In accordance with the decree of May 10, 1913,² issued in Monclova, Coahuila, by the citizen First Chief of the Constitutionalist Army, a commission under the Department of the Treasury is established in Mexico City to handle claims for damages to persons or property, resulting from the revolutionary movements in the Republic from 1910 to 1917.
• Art. 2. Said commission shall be composed of a president and four members, who shall be Mexican-born citizens, and who shall be appointed by the President of the Republic. The commission shall appoint the secretaries and personnel required.
• Art. 3. The proceedings to be followed in the handling of claims shall be in accordance with the rules and regulations which, in accordance with the following principles, shall be issued opportunely by the Executive:

  A. The commission shall receive all claims which may be presented, provided that the claimants comply with the requirements established by the regulations. After receiving the claim, the commission shall examine it carefully, and if in its opinion it fulfils the basic requirements of this law, it shall declare the claim accepted.

  B. The commission shall, without delay, request of the appropriate authorities all data which they consider necessary with a view to deciding whether the claim is just or unjust, or to fix with proper accuracy the amount of indemnification to be paid. During the course of these proceedings, such proofs as the interested parties may consider pertinent shall be received, but it should be understood that whatever the nature of the proceedings relative to the presentation of testimony may be, the final result of same shall be submitted to the commission by means of documents.

  C. Once the proofs and data referred to in the preceding paragraph shall have been submitted, the file shall be shown to the interested party, in order that he may submit in writing a statement of the rights he claims to possess.

  D. The commission, based on the evidence on file, shall discuss and vote upon the claim, and render a proper decision.

  E. The interested party shall be notified of the judgment, and he shall state in writing his conformity or inconformity thereto.

  F. The file shall then be placed before the President of the Republic through the Department of the Treasury, for final decision, excepting in the case of foreigners who may have indicated their inconformity with the judgment rendered by the commission, in which case the provisions of Article 13 of this law shall be followed.

• Art. 4. Claims shall be presented in writing, in Spanish, together with the largest possible number of proofs which will serve to demonstrate that the damages actually occurred and that the amount claimed is a just one. The name of the individual or firm, nationality, and residence of the claimant shall be shown; the places and dates of the occurrences upon which the claim is based, together with the names of those who took a part therein, as well as the nature of the damages and the amount of the indemnification in national gold which is claimed, shall be indicated with the greatest possible preciseness.
• Art. 5. The commission shall accept only such claims as are based:

  I. On damages caused by revolutionary forces or recognized as such by the legitimate governments which may have been established in the Republic upon the triumph of the respective revolution.

  II. Those caused by the forces of the said governments in the performance of their duties and during the struggle against rebels, and

  III. Those caused by the forces of the so-called Federal Army up to the time of its dissolution.

• Art. 6. Those subject-to the civil responsibilities referred to in Transitory Article 15 of the Political Constitution of the United Mexican States, promulgated on the 5th of February of the present year, may not benefit by the provisions of this law. In such cases a hearing shall be given to the Department of Gobernación.
• Art. 7. The right to present claims shall expire within three years from the date of this law. Claims arising from the revolution begun in 1910, which may have been submitted to the consulting commission established by virtue of the law of May 31, 1911, shall be considered as having been presented within the period indicated, and shall be handled by the new commission, the flies being taken in their present state, and the proceedings thereon being continued in accordance with the provisions of this law and its regulations.
• Art. 8. Claims may be based on the destruction of private property, the requisitioning of funds, property, animals or merchandise, or for damages of any other nature to persons or properties, unless those interested should previously have obtained an indemnity to cover; but no claim may be presented for indemnities to cover profits not made but which would have been made had it not been for the condition of war in the country.
• Art. 9. When the claim, in the opinion of the party interested, does not exceed 5,000 pesos, and the commission is convinced that the damage actually occurred, but lacks information upon which to make an exact estimate of the indemnity to be paid, it may fix an arbitrary amount based on the financial and social condition of the claimant and on other circumstances connected with the case.
• Art. 10. It is understood that the fact that the claimant applies to the commission in the administrative form established by this law precludes him from initiating claims proceedings in the courts.
• Art. 11. Foreign claimants shall attach to their claims proofs relative to their nationality; those who do not do so shall be considered as Mexicans with reference to the application of the provisions of this law, and shall in consequence thereof be considered as having surrendered their right to present their claims later through the usual diplomatic channels.
• Art. 12. Stock companies organized under the laws of the Republic shall be considered as Mexican, so far as their claims are concerned, although some or all of the stockholders are foreigners.
• Art. 13. Foreign claimants who may have proven themselves to be such, and who are not in conformity with the findings of the commission, may present their cases either personally or through the diplomatic channels.
• Art. 14. The findings of the commission with regard to the claims of foreigners, which may have been objected to by the parties interested in one of the two forms indicated in the preceding article, shall be submitted for arbitration to three persons, one of whom shall be appointed by the President of the Republic, another by the diplomatic agent of the country to which the claimant belongs, and the third by the other two selected. Should these be unable to reach a decision, the third shall be appointed by the President of the Republic from among the nationals of some country which has no claims for damages growing out of the revolution. The appointment of the arbitrators shall be made in accordance with the regulations governing this law, but it is to be understood that none of those selected shall have diplomatic or consular character.
• Art. 15. The arbitration committees referred to in the previous article shall be organized either for the settlement of a single concrete case, or to handle all cases corresponding to claimants of a single nationality.
• Art. 16. The decisions of the arbitration committees referred to in the preceding article shall be final.
• Art. 17. A special law to be issued opportunely shall establish the manner in which funds shall be raised for the payment of final, approved claims, and the form of payment.

Transitory Articles

• First. This law shall not affect in any way arrangements which may have been made with the Department of the Treasury with respect to the return of intervened or confiscated properties; nor shall it affect properties which are still intervened by the Government, until such time as the law referred to in transitory Article 15 of the Constitution is issued.
• Second. This law shall become effective from the date of its promulgation.
• Third. In the application of this law, all those previously issued and which are opposed thereto are hereby annulled.

I, therefore, order that this be printed, published, distributed and duly complied with.

Given in the National Palace of the Executive Power of the Mexican Union, on the twenty-fourth day of November, one thousand nine hundred and seventeen.

V. Carranza

1. Diario Oficial, November 28, 1917. Transmitted to the Department by the Ambassador in Mexico in despatch No. 634 of December 5, 1917 (not printed).
2. Foreign Relations, 1913, p. 955.