817.812/907
The Minister in Costa Rica (Hornibrook) to the Secretary of State
[Received December 4.]
Sir: I have the honor to refer to my despatch No. 963 of November 13, 1939,27 relative to the proposed canalization of the San Juan River, and to report that Dr. Cordero Reyes and Mr. Luis Mena Solorzano, Nicaraguan Minister to Costa Rica, called by appointment at my residence on November 25 for the purpose of advising me as to the progress of their negotiations with the Costa Rican Government on the canalization project. Both seemed to be rather depressed as to the prospects of an early agreement, and the former stated that in the event he held another conference with the Minister for Foreign Affairs he proposed to suggest an agreement on the proposals which he had heretofore submitted, with a proviso that they should not come into legal operation until such time as the Costa Rican Government had had an opportunity to study the final report of the American engineers. He stated that the only objection which had thus far been voiced by the Costa Rican Foreign Minister or the President [Page 744] had been the fact that Colonel Gross was not in a position on the date of his visit to San José to give detailed information as to the project. The Colonel stated to officials here that he would not be able to give out additional information until such time as his final report had been submitted to the War Department and later released as a public document.
Dr. Cordero Reyes again pointed out that the contention of his government is that Costa Rica has no legal right to oppose the project under existing treaties and asserted that under a clause in one of those pacts signed in 1850 Nicaragua has a right to proceed with the construction and pay the slight damages which might possibly be awarded to Costa Rica for minor losses as a result of flooding a small portion of her territory.
On November 25 I again met Dr. Cordero Reyes at a cocktail party and he stated that it now seemed to be definitely plain Costa Rica would not sign a treaty until such time as Colonel Gross had completed his report and the results made known to the officials of the government. He stated he had again urged upon the local authorities, that the project must be agreed upon between Costa Rica and Nicaragua before the end of the Roosevelt administration in order to insure congressional support in the United States, but was told that until Costa Rica obtained the necessary technical information from Colonel Gross it could hardly be expected to enter into an agreement which might adversely affect its material rights.
Dr. Cordero Reyes asserted that in his opinion Max Effinger, German naturalized Costa Rican now employed in the Ministry of Public Works as an engineer, had considerable to do with the attitude of the Costa Rican Government. He asserted that Effinger has unquestionably raised a large number of technical questions as to possible damage to Costa Rican lands in close proximity to the project.
Press comments have been made from day to day in all local newspapers, but as they appear to confirm the remarks made to me by Dr. Cordero Reyes I shall not include them as enclosures.
Respectfully yours,
- Not printed.↩