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guan Government in 1930, that the matter could only be dealt with by an amendment to the constitution and that you are of the opinion that the reopening of the subject at this time might result in its being merged with a number of other constitutional changes some of which might be undesirable.

Very truly yours,

For the Secretary of State:
HARVEY H. BUNDY

APPOINTMENT OF MAJOR CHARLES F. B. PRICE, U.S.M.C., TO OBSERVE MUNICIPAL ELECTIONS IN NICARAGUA

817.00 Johnson Electoral Mission/184

54

The Secretary of State to the Minister in Nicaragua (Hanna)

No. 135

WASHINGTON, March 7, 1931. SIR: You are informed that Captain Alfred Wilkinson Johnson having fully complied with the instructions issued to him as Personal Representative of the President of the United States in Nicaragua and as Chairman of the American Electoral Mission to that country, has been relieved from active duty in connection with that Mission and has resumed his regular naval duties. Captain Johnson has not, however, relinquished his office as Chairman of the American Electoral Mission or, consequently, as President of the Nicaraguan Board of Elections.

It is deemed by the Department to be highly desirable that the present structure of the National Board of Elections shall be retained in so far as may be practicable, and that an American member continue to serve thereon during the greater part of the period which will intervene until the presidential elections of 1932 shall have been held. In view, therefore, of the absence of Captain Johnson he will be represented on the Board by his alternate. That official, Commander Andrew S. Hickey, however, has been compelled, by virtue of the pressure of his naval duties, to resign as Vice Chairman of the National Board of Elections, in consequence of which Captain Johnson has nominated as his successor Major Charles F. B. Price, United States Marine Corps.

Captain Johnson will forward to your Legation, for delivery to President Moncada, notice of the resignation of Commander Hickey and of his nomination of Major Price. When you shall have received and delivered to President Moncada the communication from Captain Johnson containing notice of the resignation of Commander Hickey

"For previous correspondence regarding elections in Nicaragua, see Foreign Relations, 1930, vol. ш, pp. 636 ff.

and the nomination of Major Price you are directed then to communicate the substance of this instruction to President Moncada, and, pursuant to the provisions of Article 16 (c) of the Electoral Law of Nicaragua as modified by the Executive Decree of July 26, 1930, to request him to appoint Major Price as alternate to the Chairman of the National Board of Elections, and to cause such further steps to be taken as may be requisite to the assumption of his duties by Major Price.

You are, furthermore, directed to call to the attention of President Moncada the note, No. 64, dated February 12, 1929,55 addressed to Mr. Eberhardt by the Minister for Foreign Affairs, requesting the designation of an American citizen to preside over the National Board of Elections, wherein it was stated that a salary of $8,000 a year would be paid to that person. It is contemplated that Major Price will proceed to Nicaragua during the month of July, 1931, and that he will remain there until the municipal elections of the following October shall have been held, returning thereafter to the United States. Subsequently he will again return to Nicaragua prior to the 1932 presidential elections, should any questions requiring his presence be submitted during that period to the National Board of Elections. You will request that Major Price shall be paid during such time as he may actually be on duty in Nicaragua a salary at the rate of $8,000 per annum. His expenses while traveling to and from Nicaragua will be paid by the Government of the United States, and his salary paid by the Nicaraguan Government will of course cease at such times as he may be absent from Nicaragua. His salary will be his only expense to the Nicaraguan Government. Any traveling expenses in the Republic of Nicaragua and any other incidental expenses will be paid by Major Price out of his salary. Very truly yours,

HENRY L. STIMSON

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The Secretary of State to the Minister in Nicaragua (Hanna)

WASHINGTON, May 11, 1931-6 p. m.

115. Has President Moncada designated Major Price yet as suplente to the Chairman of the Electoral Commission? He must make his definite plans very shortly and desires to know what to expect in this connection.

STIMSON

55 Foreign Relations, 1929, vol. ш, p. 647.

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The Minister in Nicaragua (Hanna) to the Secretary of State

MANAGUA, May 12, 1931-3 p. m. [Received 6:40 p. m.]

74. Your 115, May 11, 6 p. m. I have been awaiting a favorable opportunity to take up with President Moncada the designation of Major Price. It is very embarrassing to propose the contemplated arrangement because of the salary which this Government will be expected to pay Major Price. The amount is small by our standards but this Government will consider it a real drain on its revenues at this time. Many of its high officials are receiving practically no salary at present. I hope the Department of State or the Navy Department can give Major Price an appropriate allowance for this tour of duty only. This would be appreciated by this Government and would help me materially in my representations.

HANNA

817.00 Johnson Electoral Mission/197: Telegram

The Minister in Nicaragua (Hanna) to the Secretary of State

MANAGUA, May 26, 1931-11 a. m. [Received 2:05 p. m.]

87. I am awaiting a reply to my 74, May 22 [12], 3 p. m., before taking up with President Moncada the designation of Major Price. I have just learned that President Moncada is considering the appointment of Dr. Aguado, the Vice President, as chairman of the National Board of Elections and Dr. Aguado has expressed a desire to consult me in this matter. Please instruct.:

HANNA

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The Secretary of State to the Minister in Nicaragua (Hanna) WASHINGTON, May 27, 1931-1 p. m.

125. Your 74, May 12, 3 p. m. 1. The Department deems it to be important that President Moncada make effective at an early date the appointment of Major Charles F. B. Price as Vice Chairman of the National Board of Elections. You are requested therefore to comply with the Department's instruction No. 135 56 in so far as his appointment is concerned.

2. The Department is cognizant of the extreme difficulty of the financial problems with which the Nicaraguan Government is confronted

56 Dated March 7, p. 873.

and does not desire to add to them through the appointment of Major Price. Accordingly it will defray the expenses which will be incurred by Major Price while on his mission in Nicaragua from funds now at its disposal.

3. Nevertheless this action by the Department is not to be construed as establishing a precedent with respect to the 1932 elections, during which it is expected that the Nicaraguan Government itself will defray salary and other costs as in the case of the 1928 and 1930 elections.

4. When formally arranging for Major Price's appointment in compliance with paragraph 1, you may informally and orally apprise the Nicaraguan Government of the substance of paragraphs 2 and 3 above.

5. Please report.

STIMSON

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The Secretary of State to the Minister in Nicaragua (Hanna)

WASHINGTON, May 27, 1931-3 p. m. 126. Your 87, May 26, 11 a. m. A separate telegram is being sent to you concerning the appointment of Major Price."

With respect to the rumored appointment of Dr. Aguado as Chairman of the National Board of Elections, the Department does not understand how this could be effected inasmuch as Captain Johnson continues to hold that position. See the Department's instruction No. 135, dated March 7, 1931.

By the appointment of Major Price as Vice Chairman of the National Board of Elections he will preside over that Board in the absence of Captain Johnson thus completing its organization.

STIMSON

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The Minister in Nicaragua (Hanna) to the Secretary of State

MANAGUA, May 29, 1931-3 p. m. [Received 5:45 p. m.]

91. Your May 27, 1 p. m. I have discussed the matter of Major Price's appointment with President Moncada. A majority of the members of the Supreme Court were present by President Moncada's request. They expressed the opinion that the plan proposed by the Department would be illegal for the following reasons.

Executive decree number 102 of July 26, 1930, making changes in the electoral law of 1923 specifies in its article 3 that those changes

"Supra.

shall have force only when an American citizen designated by the President of the United States and appointed by the Supreme Court of Justice of Nicaragua is President of the National Board of Elections and "during elections for supreme authorities". The changes consequently are not in force for the municipal elections this year and the electoral law of 1923 will govern the municipal elections this year. The electoral law of 1923 makes no provision for the appointment of an alternate to the chairman of the National Board of Elections. President Moncada and the four members of the Supreme Court present were of the opinion that the purposes the Department has in view may be accomplished in one of the following ways:

1. The executive might submit to the Nicaraguan Congress now in session a bill modifying the existing legal situation so as to legalize the appointment of Major Price as alternate with the right to succeed to the chairmanship of the National Board of Elections in the absence of Captain Johnson. This bill might or might not provide also that the electoral law as modified by the executive decree of July 26th, 1930, would be applicable during the municipal elections this year. This plan was deemed objectionable by those present because of the discussion it would provoke in Congress and the probability that the bill would not be approved.

2. The executive might delay action until the Congress adjourned and then make the necessary changes in the law by executive decree under the authority conferred upon him by article 111, paragraph 2 and 33, of the Constitution. This procedure might involve considerable delay because Congress may take a recess and prolong its ordinary session indefinitely.

3. If Captain Johnson will resign as President of the National Board of Elections the Supreme Court may appoint Major Price to the position under the provisions of the electoral law of 1923. The law does not, in the opinion of the members of the Supreme Court present at the conference, preclude the appointment of an American to that position. This plan seemed to be the least objectionable to those present.

President Moncada authorized me to present the foregoing for your consideration and advice. I noted no disposition on the part of those present to oppose the general purpose of the Department's plan. On the contrary they seemed to be making a serious effort to find a legal way to put the plan into effect.

The following procedure occurred to me but did not propose it. Captain Johnson might resign as President of the National Board of Elections and this Government might then fill the vacancy by the appointment of a Nicaraguan in accordance with the electoral law of 1923. Major Price could then be designated as an observer after an exchange of notes with this Government which would insure his being so recognized by this Government and being given ample facilities to enable him to accomplish his mission. I perceive strong objections to

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