Digitized by tlie Internet Arcliive in 2010 witli funding from University of Florida, George A. Smathers Libraries with support from Lyrasis and the Sloan Foundation http://www.archive.org/details/noticetoclaimant1937levy NOTICE TO CLAIMANTS BEFORE THE SPECIAL MEXICAN CLAIMS COMMISSION Extension of the Commission By the provisions of House Joint Resolution 437, approved by the President on August 25, 1937, the period prescribed for the comple- tion of the work of the Special Mexican Claims Commission was extended until the end of August 1938, subject to possible earlier termination by executive order upon the completion of its work before the end of the additional period. By reason of the extension, notice of the entry of decisions will be given as hereinafter stated. This extension of time will make it possible for the Commission to accept and consider such additional evidence and written legal con- tentions as may be submitted within the period hereinafter an- nounced. It will also afford the Commission an opportunity to make appropriate independent investigations of claims prior to the entry of final awards and, upon proper showing as hereinafter indicated, to review its decisions after they are announced. The Act of April 10, 1935, under which the Commission was estab- lished, provided that the decisions of the Commission should be based upon the existing records in the claims before it, and such addi- tional evidence and written legal contentions as might be presented. The Commission was also given authority, in its discretion, to make independent investigations. By and under the Rules and Regulations adopted by the Commis- sion on September 16, 1935, copies of which were sent to claimants, periods for the presentation of additional evidence and written legal contentions were prescribed. Such evidence and legal contentions were presented in a large number of cases and were considered, in connection with the records previously existing, in the determination of claims. Independent investigations were made by the Commis- sion in a relatively small number of cases. The Commission was aware of the availability of pertinent information, not in the record, with respect to a considerable number of claims which the time at its disposal did not permit it to investigate. Because of the limited time allowed for the decision of all claims, the Commission was obliged, during the last six months of the period originally pre- scribed for the completion of its work, to deny the requests of claim- ants and attorneys for additional time in which to present evidence and written legal contentions, for its consideration. All the 2815 claims within the present jurisdiction of the Com- mission have been decided on the basis of the existing records. New Evidence Notice is hereby given that the Commission will consider all addi- tional evidence and written legal co7itentions that may he fvesented to it hy or on behalf of claimants prior to October 31, 1937. Upon 13930 — 37 'proper showing hefore that date of the need for additional tiine^ extension of time may he granted in individual cases ^ BUT UNDER NO CIRCUMSTANCES WILL ANY NEW EVIDENCE OR WRITTEN LEGAL CONTENTIONS BE ACCEPTED OR CON- SIDERED AFTER DECEMBER 31, 1937. During the time al- lowed for the presentation of additional evidence and legal conteri- tions, the pertinent files of the C oinmission will he open to the inspection of claimants or their authorized representatives. Proof Necessary to Warrant an Award Many claimants have apparently not realized that the Commission can enter awards only upon claims as to which liability was assumed by the Mexican Government under the terms of the Convention (Treaty) entered into by that Government and the United States on September 10, 1923. The function of the present Commission is essentially judicial, and neither the Commissioners nor the members of the staff of the Com- mission can advise claimants or their attorneys as to the sufficiency of the evidence already presented in support of any claim or as to the desirability of the presentation of adclitional evidence or written legal contentions. Article III of the Convention, specifying the forces for whose acts the Mexican Government assumed liability, reads as follows : "The claims which the Commission shall examine and decide are those which arose during the revolutions and disturbed conditions which existed in Mexico covering the period from November 20, 1910, to May 31, 1920, inclusive, and were clue to any act by the following forces : "(1) By forces of a Government de jure or de facto. "(2) By revolutionary forces as a result of the triumph of whose cause governments de facto or de jure have been established, or by revolutionary forces opposed to them. "(3) By forces arising from the disjunction of the forces men- tioned in the next preceding paragraph up to the time when the government de jure established itself as a result of a particular revolution. " (4) By federal forces that were disbanded, and "(5) By mutinies or mobs, or insurrectionary forces other than those referred to under subdivisions (2), (3) and (4) above, or by bandits, provided in any case it be established that the appropriate authorities omitted to take reasonable measures to suppress insurrec- tionists, mobs or bandits, or treated them with lenity or were in fault in other particulars." An indispensable prerequisite to an award upon any claim is that the record shall affirmatively show that the loss or damage suffered was due to acts of forces specified in paragraph (1), (2), (3), or (4) of the above quoted Article; or that it was due to the acts of forces specified in paragraph (5), and, in such event, "that the appropriate authorities omitted to take reasonable measures to suppress (the) insurrectionists, mobs, or bandits, or treated them with lenity or were in fault in other particulars." No award can he made upon a mere showing of loss or damage due to revolutionary conditions. The record, in order to warrant an award, must also contain com- petent proof (1) of the American citizenship of the claimant or claimants from the date of the origin of the claim to the date of its filing with the former Commission; (2) of the ownership of any personal property and the ownership or right of possession of any real property involved in the claim; (3) of the value of any property alleged to have been lost or damaged, and the extent of the loss or damage thereof; and, (4), of the extent of any loss or damage not connected with property. The Commission, in considering every claim, takes cognizance of the historical data in its possession with reference to the activities of various forces in Mexico, but these data are, in most instances, help- ful to claimants only in supplementing their own evidence as to the circumstances of their losses or damage. The Commission cannot enter awards upon uneorrol) orated statements of claimants. Notice of Decisions and Petitions for Review As soon as possible after the expiration of the additional period hereby granted for the presentation of additional evidence and legal contentions, the Commission will enter its decisions upon all claims within its jurisdiction. Copies of the decisions will be sent to claim- ants and their attorneys, with a statement of the period allowed for the filing of a w^ritten motion for review, and the conditions under which such review may be granted. After the exjoiration of the period allowed for review, all decisions will be made final. Payments of Awards The Government of Mexico is paj^ing the amount of the lump sum settlement agreed upon, in annual installments. A total of $1,534,- 610.15 has so far been paid to the Government of the United States. A further payment in the amount of $529,610.15 is due in January 1938. There will be due under the agreement seven more annual installments of approximately $500,000.00 each, and interest. It is hoped that the work of this Commission will be completed early enough in 1938 to make it possible that after Mexico makes the 1938 payment the total sum then available may be distributed to the beneficiaries of the Commission's awards without unreasonable delay. As provided in Section 4 of the Act of April 10, 1935, if the total amount of the awards of the Commission is greater than the amount to be available under the lump sum settlement with Mexico for the payment of awards, it will be necessary for the Commission to reduce its awards on a percentage basis. Attorneys' Fees The Commission considers it appropriate to bring to the attention of claimants the fact that the data in the present records, with ref- erence to the character and value of the services rendered by counsel or attorneys in the preparation or prosecution of claims, are, in many instanceSj not such as to afford a basis for the determination by the Commission of just and reasonable fees for such services. The authority of the Commission with reference to attorneys' fees is set UNIVERSITY OF FLORIDA / 3 1262 08484 2656 forth in Section 8 of the Act of April 10, 1935. The Commission cannot determine fees where authorized, except upon sufficient data. Additional Claims to Be Decided by the Commission The Joint Resolution approved August 25, 1937, provides that, in the event of the reclassification as special claims of any of the claims which were found by the Joint Committee under the Con- vention of 1934 to be general claims, the claims so reclassified shall be passed upon by this Commission during its existence and there- after by a Commission to be established in conformity with the Act of April 10, 1935. The claims mentioned are now pending before the Commissioners of the General Claims Arbitration, United States and Mexico, who, under the agreement between the two governments, are required to submit a Joint Report on or before October 24, 1937. //Such claims as the Commissioners of the General Claims Arbitra- tion may reclassify as special and any other claims which may be so reclassified during the existence of this Commission will be con- sidered and decided as provided in the Joint Resolution. The inter- ested parties will be duly advised of the reclassification of any of the claims during the existence of this Conmiission. For the Commission: By Edith McD. Levy, Secretary. Dated August 31, 1937. U. S. GOVERNMENT PRINTING OFFICE: l»97