Chapter 14. to amend and enlarge the act approved June eighteenth, eighteen hundred and seventy-eight, entitled “An act to provide for the distribution of the awards made under the convention between the United States of America and the Republic of Mexico, concluded on the fourth day of July, eighteen hundred a
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CHAP. 14.— An Act to amend and enlarge the act approved June eighteenth, eighteen hundred and seventy-eight, entitled “An act to provide for the distribution of the awards made under the convention between the United States of America and the Republic of Mexico, concluded on the fourth day of July, eighteen hundred and sixty-eight.”December 28, 1892. Whereas the Secretary of State, after investigating the charge ofPreamble. fraud presented by the Mexican Government as to the case of La Abra Silver Mining Company, has heretofore reported that the “honor of the United States requires” that said case “should be further investigated by the United States, to ascertain whether this Government has been made the means of enforcing upon a friendly power claims of our citizens based upon or exaggerated by fraud,” but that “the executive Government is not furnished with means of instituting and pursuing methods of investigation which can coerce the production of evidence or compel the examination of parties and witnesses,” and that “the authority for such an investigation must proceed from Congress;” and Whereas the President of the United States has transmitted to Congress the recommendation of the Secretary of State that said case “be referred to the Court of Claims, or such other court as may be deemed proper, in order that the charge of fraud made in relation to said claim may be fully investigated:
” Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*La Abra Silver Mining Company., That in further execution of the purpose of said act the Attorney-General of the United States be, and he is hereby, authorized and directed to bring a suit or suits in the name of the United States in the Court of Claims against La AbraClaim to award against Mexico to be tried in Court of Claims.Vol. 20, p. 144. Silver Mining Company, its successors and assigns, and all persons making any claim to the award or any part thereof in this act mentioned, to determine whether the award made by the United States and Mexican Mixed Commission in respect to the claim of the said La Abra Silver Mining Company was obtained, as to the whole sum included therein or as to any part thereof, by fraud effectuated by meansDetermination whether award was obtained by fraud. of false swearing or other false and fraudulent practices on the part of the said La Abra Silver Mining Company, or its agents, attorneys, or assigns; and, in case it be so determined, to bar and foreclose all claim in law or equity on the part of said La Abra Silver Mining Company, its legal representatives or assigns, to the money, or any such part thereof, received from the Republic of Mexico for or on account of such award; and any defendant to such suit who can not be found in theNotification of absent defendants.
District of Columbia shall be notified and required to appear in such suit by publication as the court may direct, in accordance with law, as applicable to eases in equity. 410 Sec. 2. That full jurisdiction is hereby conferred on the Court ofJurisdiction. Claims to hear and determine such suit and to make all interlocutory and final decrees therein, as the evidence may warrant, according to the principles of equity and justice, and to enforce the same by injunction or any proper final process, and in all respects to proceed in said cause according to law and the rules of said court, so far as the same are Evidence.applicable.
And the Secretary of State shall certify to the said court copies of all proofs admitted by the said Mixed Commission on the original trial of said claim, and the said court shall receive and consider the same in connection with such competent evidence as may be offered by either party to said suit. Sec. 3. That an appeal from any final decision in such cause to theAppeal to Supreme Court. Supreme Court of the United States may be taken by either party within ninety days from the rendition of such final decree, under the rules of practice which govern appeals from said court; and the Supreme Court of the United States is hereby authorized to take jurisdiction thereof and decide the same.
Sec. 4. That in case it shall be finally adjudged in said cause thatDisposition of award on final judgment. the award made by said Mixed Commission, so far as it relates to the claim of La Abra Silver Mining Company, was obtained through fraud effectuated by means of false swearing, or other false and fraudulent practices of said company or its assigns, or by their procurement, and that the said La Abra Silver Mining Company, its legal representatives or assigns, be barred and foreclosed of all claim to the money or any part thereof so paid by the Republic of Mexico for or on account of such award, the President of the United States is hereby authorized to return to said Government any money paid by the Government of Mexico on account of said award, remaining in the custody of the United States, that has not been heretofore distributed to said La Abra Mining Company or its successors and assigns, which such court shall decide that such persons are not entitled, in justice and equity, to receive out of said fund.
Sec. 5. That, during the pendency of said suit and until the same isPayment to claimants during pendency of suit forbidden. decided, it shall not be lawful for the Secretary of State to make any further payments out of said fund, on account of said award, to La Abra Silver Mining Company, or its legal representatives, attorneys, or Payment if claim allowed.assigns: and in case it shall be finally adjudged in said cause either in the Court of Claims or in the Supreme Court of the United States that the award made by said Mixed Commission, so far as it relates to the claim of La Abra Silver Mining Company, or any definable and severable part thereof, was not obtained through fraud as aforesaid, then the Secretary of State shall proceed to distribute so much of the said award as shall be found not so obtained through fraud, or the proceeds thereof remaining for distribution, if any. to the persons entitled thereto.
Approved, December 28, 1892.