312.1113 Sustaita, Antonio/39
The Chargé in Mexico (Boal) to the Secretary of State
[Received July 29.]
Sir: I have the honor to refer to my despatch number 4962 of June 28, 1937, regarding the desire of the Department to obtain, from the Mexican Government, an indemnity for the family of Antonio Sustaita.
A note dated July 17, 1937, has today been received from the Foreign Office which, with reference to the Embassy’s note of May 15, 1937,16 requests the proofs on which the request for this indemnity was based. Copies of the note, with translation, are enclosed.
I assume that in view of the legal aspects of this case and the attitude heretofore taken by the Mexican Government in the premises, as reported in various despatches, the Department may desire to formulate a statement of the bases of its request that an indemnity be paid or to instruct the Embassy concerning the form in which the proofs or evidence should be presented.
It seems probable that the Foreign Office is now convinced of the weaknesses of the position it has taken in this case (especially in the light of the Cortes Rubio case) and it is not unlikely that it will now seek to avoid payment of the indemnity on a different basis, i. e., by endeavoring to discredit any evidence presented by the United States Government. If this is so, it is desirable that the best available documentation be obtained for presentation to the Foreign Office.17
Respectfully yours,