Chapter 15. 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. 15.— 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 Benjamin Weil, 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 the means of instituting and pursuing methods of investigation which can coerce the production of evidence 411 or compel the investigation of parties and witnesses,” and that “the authority for such an examination must proceed from Congress:
” Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*Benjamin Weil.Claim to award against Mexico to be tried in Court of Claims.Vol. 20, p. 146., That in further execution of the purpose of said act of June eighteenth, eighteen hundred and seventy-eight, 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 Benjamin Weil, or his legal representatives or assigns, to determine whether the award made by the United States and Mexican Mixed Commission in respect to the claim of the said Benjamin Weil was obtained, as to the whole sum includedDetermination whether award was obtained by fraud. therein or as to any part thereof, by fraud effectuated by means of false swearing, or other false and fraudulent practices on the part of said Benjamin Weil, or his 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 Weil, his 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 not served withNotification of absent defendants. process and who can not be found in the District of Columbia shall be notified and required to appear in such suit by such publication as the court may direct, in accordance with law, as applicable to cases in equity.
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 applicable. And the Secretary of State shall certify to the said courtEvidence. 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 eitherDisposition of award on final judgment. 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 Benjamin Weil, was effectuated by means of fraud, false swearing, or other false and fraudulent practices of said Benjamin Weil, or his assigns, or by their procurement, and that the said Weil, his 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 Benjamin Weil, his legal representatives or 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 isPayments 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 Benjamin Weil, or his legal representatives, attorneys, or 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 awardPayments if claim allowed. made by said Mixed Commission, so far as it relates to the claim of 412Benjamin Weil, 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.