817.041/9: Telegram
The Acting Secretary of State to the Minister in Nicaragua (Eberhardt)
137. Your 219, August 31, 9 a.m. Constitution Nicaragua clearly places with Congress power of appointment of judges of Appellate [Page 394] Court. Therefore, it seems Supreme Court without authority to make such appointment.
Moreover, Supreme Court decided in the case of Liberal judges of Courts of Appeal dismissed by Chamorro Congress judges had no legal recourse in matter and that Congress had proceeded within its rights. Consequently, proposed action of Supreme Court would involve disregard of former decision of that Court and open way to similar disregard of other decisions by de facto courts which should be avoided for reasons stated in Department’s 129, August 22, 5 p.m.
You should therefore inform President Diaz and such Liberals as request your opinion that although the restoration of the judges of the Courts of Appeal was not included in the Stimson agreement the restoration of this Court to its former membership would seem highly desirable but for the reasons given above the restoration should be made by the Congress in the manner followed in the case of the Supreme Court.
However, if after careful study of the situation in consultation with all elements concerned you feel that the compromise suggested in last paragraph your telegram under reference would be wisest solution politically please withhold action and cable Department fully giving reasons.