411.12/1777: Telegram
The Secretary of State to the Ambassador in Mexico (Daniels)
45. Your 34, April 2, 4 p.m. Department feels you should have no difficulty in persuading Foreign Office that omission from Paragraph 6, subparagraph (m) of Protocol of the words “more than 30 days” leaves the rules governing dates for filing pleadings absolutely inflexible with the probably inevitable consequence that unnecessary difficulties will arise and disputes result in cases in which it becomes impossible to file pleadings exactly on due dates. It is not, of course, contemplated that the 30-day relaxation provision shall apply to memorials nor be availed of in subsequent pleadings except in cases of unforeseen emergency. Consequently the objections offered by Mexican Government are more theoretical than real. The purpose of the whole protocol is to facilitate disposition of the claims without causes for friction or misunderstanding and for that reason it is felt that the omission of the words “more than 30 days” would be out of harmony with the whole spirit of the agreements. This clause cannot result in any inconvenience to either side nor prolong the general work, and the advantages of such a small degree of flexibility of procedure should be obvious.
In drafting notes regarding Special Claims Convention which are proposed to be exchanged at time of signing protocol, the possibility of having individual claims carefully checked both as to amount and jurisdiction before definitely fixing total amount of Special Claims liability should be preserved. Department cannot agree that definite determination as to whether particular claims are special or general and the definite percentage of liability can be determined in present haste of negotiations. These are vitally important matters which do not need to be determined at present and which must be determined more leisurely. Reference is made in this connection to page 3 of your despatch 1267.73