inspecting public works. He strongly maintained his opinion that the Nicaraguan Congress would have to reject the amendments to the electoral law because it must ask the Supreme Court for its advice and because that advice would be unfavorable, and that therefore the amendments should be made by Executive decree. He said he had informally consulted leading members of the Supreme Court including Dr. Morales, its President, and that they maintained that the Court could not escape giving an unfavorable report if consulted by Congress but that it could and would render a favorable opinion if consulted with respect to making the amendments by Executive decree. He said there is no inconsistency in this attitude of the members of the Court and that it is also consistent with the Court's approval of the appointment of Captain Johnson because the Constitution does not say that the President of the National Board of Elections must be a Nicaraguan. He insisted with emphasis that a situation even more annoying and complicated than that which arose in 1928 would be created if the amendments were submitted to Congress and that his only desire is to avoid such a situation and insure free and honest elections. He does not anticipate directing [direct? | strong or organized opposition to the procedure he has proposed and does not think it will be seriously challenged on Constitutional grounds. He said his proposed action will be the best guarantee he can give to the Conservative Party and that he will be following a precedent established by a Conservative administration. The Minister of Fomento who is a lawyer was present and he supported President Moncada especially on the legal points involved. At the conclusion of our conference I requested the President to give me a memorandum of the principal points he desired to have brought to your attention and he and the Minister of Fomento immediately drafted the following memorandum: "By the Constitution, the President of the Republic is charged to enforce the laws and especially to guarantee the right of free suffrage, and may prescribe the measures which he deems necessary for this purpose. With reference to elections of supreme authorities such as Senators and Deputies the recognition and qualification of the members elected and the final canvass of the votes pertain to the faculty of the respective legislative chambers and therefore, after the completion of the electoral procedure, everything is brought to the attention of the Congress through the appropriate official. With respect to the point under consideration, the Supreme Court of Justice may take cognizance, by virtue of any direct charge of unconstitutionality, of any law which is enacted; and in the case of a bill sent to Congress which is in conflict with the Constitution or any law of the land, it is also a Constitutional duty to request an opinion of the Supreme Court. Consequently, the Executive, in submitting to Congress a bill in the form under discussion, would abrogate the very rights which the Constitution has granted to him and would expose the initiative to rejection by the Congress. In case the Executive should decree the electoral procedure, it is believed that it would run no risk of being rejected because it is the executive power that decrees laws of guarantee. It is also true that Congress in renouncing the right of canvass and other faculties which it possesses in connection with elections of supreme authorities would also abrogate the corresponding constitutional provisions. For the reasons thus stated the President thinks that it is better to follow the precedent established for the cooperation of General McCoy. The Supreme Court of Justice is in accord with the President in this opinion." The President told me this statement was merely to supplement my report of our conversation. He added that, in expressing his views, he takes it for granted that the proposed amendments which he has not yet seen will fix a procedure along the same general lines as that followed by General McCoy. I told him I would deliver the draft amendments to him as soon as he returned to Managua. I did not tell the President that the amendments do not deprive Congress of its right to make the final canvass conferred by article 91 of the unamended law partly because he said there are other Constitutional objections and partly to leave the Department free to point this out later if the Department sees fit to insist upon its view. The President stressed his objection to what he conceives an abrogation of his powers. He said he is personally pledged to guarantee a supervision and does not want to impair his responsibility for its success. I am inclined to think President Moncada's present attitude is based on the advice of members of the Supreme Court probably initiated by Dr. Morales. I think the President is sincere in his views but I suspect that the initiators of the idea, whoever they may be, have some well-concealed motive. When I asked President Moncada if the validity of the elections could be challenged subsequent thereto by the Nicaraguan Congress on the grounds of unconstitutionality he replied in the negative and the Minister of Fomento concurred. I doubt if the President's views can be changed in opposition to the advice he is receiving from the Supreme Court but even if he should ultimately agree to submit the amendments to Congress it probably would result in his being subject to pressure to disclaim responsibility for future developments. I believe we will be in a stronger position to meet developments if the Government is fully responsible for the choice of methods in this particular matter. HANNA 817.0131/9: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, June 30, 1930-7 p. m. [Received 11: 39 p. m.] 77. Legation's 76, June 29, 4 p. m. Dr. Cordero Reyes told me today that neither under article 99 or any other article of the Constitution of Nicaragua is it obligatory for the Nicaraguan Congress to hear the opinion of the Supreme Court before discussing the amendments to the electoral law, and that the Congress would not have to request the Court's opinion merely because one or more deputies or senators should desire such an opinion. Dr. Cordero Reyes is opposed to making the amendments by Executive decree and thinks that to do so may result in serious complications and charges of illegality in the elections at some future time. I judge from what he told me that the plan to make the amendments by Executive decree will meet with opposition among President Moncada's advisers when it becomes known and it is possible that such opposition may cause the President to change his attitude. I am inclined to think that the plan represents the opinion of a very limited number and that the discussion which will come with publicity may alter the situation. HANNA 817.0131/10: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, July 2, 1930-9 p. m. [Received July 3-12:38 a. m.] [81?] My telegram No. 77, June 30, 7 p. m. President Moncada has just given me legal citations supporting his plan to make the amendments to the electoral law by Executive decree, with the request that Captain Johnson and I confer informally with members of the Supreme Court and then advise him as to our conclusions. We will do so unless you instruct otherwise but we will report our conclusions to you before communicating them to President Moncada. Details by air mail. HANNA 817.0131/12: Telegram The Secretary of State to the Minister in Nicaragua (Hanna) WASHINGTON, July 3, 1930-9 p. m. 61. Your 76, June 29, 4 p. m. and 77, June 30, 7 p. m. As stated in the Department's telegram No. 58, dated June 27, 2 p. m., the final decision with respect to the method to be followed in amending the electoral law rests with the Nicaraguan Government, and the Department does not wish to make further comment with respect to the advisability or inadvisability of effecting amendment by presidential decree or by congressional action. You may say to President Moncada, however, that the cooperation of this Government in the conduct of the impending elections involves a serious responsibility and that consequently the Department deems it to be essential that all measures affecting the elections, including of course the amendment of the electoral law, shall be free from serious challenge. After having communicated the foregoing to President Moncada you may deliver the proposed amendments to the electoral law to him for such action as he deems appropriate. If you prefer, however, you may await Captain Johnson's arrival for a final discussion with him before delivering the amendments to the President. Please report by telegraph the action taken. Please indicate also whether Article 85, Section one of the Nicaraguan Constitution may be considered as requiring amendment by Congressional action rather than by Presidential decree. STIMSON 817.0131/14: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, July 11, 1930-5 p. m. [Received 10:05 p. m.] 85. My telegram No. 81, July 3 [27], 9 p. m. Captain Johnson and I on President Moncada's invitation conferred with him and seven members of the Supreme Court this afternoon concerning desirability of modifications of the amendments to the electoral law and the manner in which the amendments will be issued. The modifications suggested in a general way are few and appear to be of minor importance and a committee of the Supreme Court will meet with Captain Johnson and me tonight to discuss them further and endeavor to settle upon them definitely. The prevailing opinion of those present was that, for reasons stated in my previous communications in this connection, the amendments should be made by an Executive decree. With respect to this last point I expressed the attitude of the Government of the United States as set forth in the Department's telegram No. 58, June 27, 2 p. m., and No. 61, July 3, 9 p. m., and Captain Johnson and I refrained from any further observations on this point. HANNA 817.0131/15: Telegram The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, July 22, 1930-4 p. m. [Received 9:15 p. m.] 90. My 85, July 11, 5 p. m. Captain Johnson and I have reached satisfactory agreement with the Nicaraguan authorities with respect to the amendments to the electoral law. The changes made in the draft amendments submitted by the Department are few and of minor importance and in our opinion do not weaken the supervisory powers of Captain Johnson in conducting a perfectly free and fair election. The amendment to article 20 has been changed to read as follows: "The National Board of Electors shall cooperate with the President of the Republic in the supervision of the elections of 1930 and of 1932 for the supreme authorities and is hereby vested with full and general authority to conduct such supervision and to prescribe with obligatory force all measures et cetera". This change was made to meet the objection that it is unconstitutional for the President to delegate his powers and duties in this connection. The entire Dodds law as amended will be promulgated by Executive decree and the manuscript will be delivered to the public printer on Friday July 25 unless this should not meet with the Department's approval. HANNA 817.0131/16 Telegram The Secretary of State to the Minister in Nicaragua (Hanna) 70. Legation's 90, July 22, 4 p. m. Approved. 817.00 Johnson Electoral Mission/68: Telegram STIMSON The Minister in Nicaragua (Hanna) to the Secretary of State MANAGUA, August 13, 1930-4 p. m. [Received 9:38 p. m.] 103. The following is transmitted at the request of Captain Johnson. "To insure free and fair elections I consider it essential that no less a measure of political freedom be granted this year to Nicaraguans than was granted in 1928. I believe this can possibly be accomplished if President Moncada will issue decrees and instructions as necessary. These should include amnesty to political prisoners and expatriates, freedom of the |