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822.01/72a : Telegram
The Acting Secretary of State to the Chargé in Ecuador (Dawson)

WASHINGTON, August 26, 1931–6 p. m. 17. Legation's 40, August 25, 9 a. m. The Department concurs in your opinion that under the circumstances of Colonel Larrea Alba's accession to the Executive Power the question of recognition does not arise. The Legation may accordingly deal with the present Government as the constitutional successor to that of President Ayora.

Please report when elections shall have been called in accordance with Article 81 of the Constitution.

CASTLE

*

822.002/108: Telegram
The Chargé in Ecuador (Dawson) to the Acting Secretary of State

Quito, September 1, 1931—6 p. m.

[Received 11:28 p. m.] 44. By two Executive decrees of today Senator Pedro L. Nunez has been appointed Minister of Finance and Presidential elections have been called for October 20 and 21 in compliance with article No. 81 of the constitution.

DAWSON

822.00/813 : Telegram
The Chargé in Ecuador (Dawson) to the Secretary of State

Quito, October 15, 1931—10 a. m.

[Received 12:30 p. m.] 55. Larrea Alba proclaimed himself dictator at 5 o'clock this morning. He has encountered both military and popular opposition. Shots have already been exchanged between military forces and troops have fired upon the people. Situation very confusing and more fighting is feared.

DAWSON

822.00/814 : Telegram

The Chargé in Ecuador (Dawson) to the Secretary of State

QUITO, October 15, 1931-4 p. m.

[Received October 16–9:25 a. m.] 56. Attempted dictatorship collapsed in face of opposition of unanimous Congress, people of Quito and majority of local troops. Further bloodshed and political chaos which threatened this morning

have been averted for the present at least by the resignation of Larrea Alba and previous appointment as Minister of Gobernacion of former President Alfredo Baquerizo Moreno who, in compliance with the constitution, has automatically assumed charge of the Executive power. . .

DAWSON

822.00/815 : Telegram
The Chargé in Ecuador (Dawson) to the Secretary of State

Quito, October 16, 1931–4 p. m.

[Received 10:08 p. m.] 57. City is quiet and assumption of Executive power by Baquerizo Moreno has been received with satisfaction on all sides.

DAWSON

822.00/817 : Telegram
The Chargé in Ecuador (Dawson) to the Secretary of State

Quito, October 18, 1931—3 p. m.

[Received October 19–9:12 a. m.] 58. Following Cabinet Ministers have been appointed and very well received:

Foreign Relations, Carlos Manuel Larrea; War, Leonardo Sotomayor Luna; Finance, Juan de Dios Martinez Mera; Education, Francisco Perez Borja.

Presidential elections will be held Tuesday and Wednesday as already planned.

DAWSON

822.00/818: Telegram
The Chargé in Ecuador (Dawson) to the Secretary of State

Quito, October 22, 1931–9 a. m.

[Received 4:09 p. m.] 59. Presidential elections held Tuesday and Wednesday were orderly, free and fair. Returns give Bonifaz a large plurality insuring his election. While Bonifaz had declined to identify himself with any party and received considerable conservative support he declared Tuesday night that liberal institutions would have nothing to fear from his administration.

DAWSON

591381-46-VOL. 11-17

EGYPT

EQUALITY OF REPRESENTATION AS AMONG THE PRINCIPAL CAPITULATORY POWERS ON THE MIXED COURTS OF EGYPT

1

883.05/375 : Telegram
The Secretary of State to the Minister in Egypt (Jardine)

WASHINGTON, February 3, 1931–4 p. m. 15. Your 13, January 27, noon. At the time of the official announcement of the appointment of an additional French judge to the Mixed Court judiciary, please present a note to the Minister for Foreign Affairs substantially as follows: 3

"On several occasions during recent years my Government has had occasion to express to the Royal Egyptian Government its interest in favor of a return to the principle of equality of representation as among the principal capitulatory Powers on the Mixed Court judiciary. The last of these occasions was on April 18, 1929, when my predecessor, in a note to the Egyptian Minister for Foreign Affairs, set forth in considerable detail my Government's viewpoint on this question.

The subsequent action of the Egyptian Government in appointing an additional American judge to the Mixed Court of First Instance at Cairo was particularly gratifying to my Government, which interpreted this appointment as indicative of the Egyptian Government's intention to bring about an early realization of the principle of equality of representation among the principal capitulatory Powers.

That it is the intention of the Egyptian Government to bring about a return to this principle is now further indicated by the recent announcement of the appointment of an additional judge from among the nationals of one of the principal capitulatory Powers which in recent years has not been equally represented on the Mixed Courts.

In reaffirming my Government's position with respect to the principle of equality of representation, I have been instructed to express my Government's confidence that the Egyptian Government will continue to apply this principle in future appointments in order that American representation on the Mixed Court judiciary may soon be brought to a parity with that of the other principal capitulatory Powers."

For correspondence on the regime of the Mixed Courts, see Foreign Relations, 1929, vol. II, pp. 936 ff.

Not printed.
* The note was presented under date of March 3, 1931 (883.05/382).
* Foreign Relations, 1929, vol. , p. 942.

After the note has been presented you may, if you perceive no objection, show a copy thereof in strict confidence to your French colleague.

STIMSON

883.05/393

The Egyptian Minister for Foreign Affairs (Yehia Pasha) to the

American Minister in Egypt (Jardine)"

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[Translation] No. 29/7/1 (45)

CAIRO, June 1931. MR. MINISTER: I have the honor to acknowledge the receipt of the Note dated March 3, 1931, by which Your Excellency was good enough, in referring to a former note, dated April 18, 1929, addressed to His Excellency Mohamed Mahmoud Pasha, then Prime Minister and Minister for Foreign Affairs, ad interim, to express again the interest which the Government of the United States attaches to the question of the representation of the principal Capitulatory Powers on the bench of the Mixed Courts.

The Note above mentioned of April 18th, having been forwarded upon the occasion of the proposals for the modification of the Judicial Organization of the Mixed Courts, made by the Government of His Majesty the King in December 1927,9 and October 1928, and the realization of these proposals not having been followed up since then, it resulted that this Ministry has not again expressed, following this note, the point of view of the Egyptian Government on this question.

But the last Note of Your Excellency, of March 3, 1931, indicating that the Government of the United States would be inclined to interpret the relatively recent nomination of a judge of American nationality to the Cairo Court, and that which has just occurred, of a judge of French nationality to the Mansourah Court, as the expression of an intention of the Egyptian Government to arrive at an equal representation of the principal Capitulatory Powers, I take the liberty of again explaining the point of view of the Government of His Majesty the King. Apart from the arrangements admitted with certain powers to select from among their nationals a certain number of judges, Egypt remains entirely free to choose the judges called to fill the supplementary seats.

* Copy transmitted to the Department by the Minister in Egypt in his despatch No. 196, June 11; received July 2.

* File translation revised. ? See supra.

See circular note of the Egyptian Minister of Foreign Affairs dated December (25), 1927, Foreign Relations, 1928, vol. I, p. 747.

See note of the Egyptian Minister for Foreign Affairs to the American Minister dated October 28, 1928, ibid., p. 767.

The letter of Sir Henry Elliot of May 26, 1873,10 to which reference is made in the Note of April 18, 1929, constitutes only an episode in the long negotiations which preceded the establishment of the Mixed Courts and during the course of which various opinions were expressed at certain times, by one or another of the States taking part in these negotiations. The opinion expressed in this letter by the representative of Great Britain was never shared in by the Khedivial Government. Furthermore, it is shown by the convention entered into between Egypt and Great Britain on July 31, 1875,12 for the establishment of the Mixed Courts that the above-mentioned letter formed no part of this convention and was not mentioned therein.

On the other hand, according to the opinion of the Government of His Majesty the King, “to avoid giving a preponderance of one nationality over another in the choice of judges”, following the terms employed by Sir Henry Elliot according to the citation from his letter made in the Note of April 18, 1929, is not equivalent to applying the principle of equality in the number of judges of each nationality.

Such a rule would be of a nature to embarrass considerably the Egyptian Government in the composition of the Mixed Courts according to needs and circumstances, and would greatly hamper it in the proper administration of justice.

Finally, in stating that it has no agreement in this respect, the Government of His Majesty the King considers that there does not exist at the present time, nor has existed at any time, the preponderance, envisaged in the phrase of Sir Henry Elliot, in the mixed judicial corps, to the benefit of a particular nationality. Accept [etc.]

A. YEHIA

883.05/393

The Secretary of State to the Minister in Egypt (Jardine) No. 108

WASHINGTON, October 28, 1931. Sir: The receipt is acknowledged of your despatch No. 196 of June 11, 1931,12 regarding the equality of representation of the principal capitulatory Powers on the Mixed Courts of Egypt.

The Department has studied with interest your analysis of the position of the different capitulatory Powers in this matter and has given careful consideration to your recommendations as well as to the recommendations made by Judge Crabitès in his communication of June 9, 1931,18 addressed to Mr. Childs.14 It is desired that you seek

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