February 21, 1913.
"I r':: alter P, Corbett.
Jaok+onvilloe, ortda. :
"Referring to previous oorrn.poodnne .in regard to
the complaint of Tacoo Bay mCoieroial company of at
alleged attumpt an th part if certain persons in Cuba
to despoil the aoepany of a part of its property situated
in the locality of Baraeona tha Department. enlosea oa
extrat from a despatho received from the Consul at
antiago -de Cuba, letting forth certain faets .As relation
to the investigation made by him in this matter under in-
s tructions from the 3Dpartment.
It appears. rom the Consul's despatch that the on.
pany's complaint arise out of an alleged inoarreot
"judicial survey of a certain tract of land called 1I Cupay,
whioh i adjo i th company*, property, lnd- that this survey
ewhih, at the isitanee of 'r. Rodrigo Rodrlsuos, acting In
belhaf of himself and ,others, was conducted tundr tha
i recte n
direction of the oeurt of first instance at Baraoea, was,
it is alleged, J*properly made eo ae to Ieludoa a traet of
land belonging t the company.
The Department has observe: that it wamnppar further
that some tine during, the year 1912 the cpanty instituted
legl proofedings in the court of first instance at Baraoos
for 41 judicial survey of the company's property that Iby a
survey made in aooordance with these prooleedlngs the trset
of lend, which in the proceedings instituted by ,'r, fodrg.aes
had been deoroe4 by the court to bli a part of the 'r Cupey
estacUt, was shown as being a part of the Inid own4d 'by the
company; and that the oorreetnesa of the survey tde4 at the
ine aiace of the eoopnny I now pond ina before na ,ban
.;ille the )Dw S rtment vwll be ilad to rc der such
further aslestarne a. It properly may to the @coRpany in I on *'
notion with it omplaint, the Depart ent does not appear,
to be in a position to aske any formal dipleiugtie reprefenta-
tions to tha t uban oTfrasment in the ase at tlhe presfnt:,
time, nartieularly in vltw of the feet that the matter
underlyingg the oofipany's cor.ninnt are nor pending before the
Cuban courts. You are (oubtless f1tlliar w V t he principle
of international law t.tat a elatin t muste I, a ':;prneral rule
prosecute his ea". to a finna daoleion in the court of lslt
*': ta r .
resort before iavoking diplomatic &assistane on tbo
ground that he has suffered a denial of justin at the
hands of ms tribunals of a foreign government.
I -m, air,
Your obedient servant,
"F ,or 2 r. Enox -
WilBUR J. OARR.
Director of the Consular service .
EXt ract-f:rond' despatch No. 379 of December 26, 1912,
frori Santiago de Cuba.
5 1. 4 T 11 / 10
~~~~~~ ~ ~ I ...'- ',"-"