Originally posted by ramuma53
La Verdadera Historia de Rosarito
Since we want to learn from other people experience, instead of committing the same mistakes, I will let you know, the True Rosarito Story published
by me, on the ABC newspaper and please let me tell you, that every single fact, I mention here, is backed up, by legal documents, that have been
tested and sustained already in Federal courts.
Around 1810, there was a Penal colony in San Diego California Mexico and the guys who guarded it, were called the LEATHER JACKETS, whose Captain was a
fellow named Don Juan Machado, who made such a good work and impressed so much the territory Governor, that in 1825 the Governor Jose Maria Echendia,
gave him for his services, 2 big cattle sites that had about 19,311.61 Hectares in El Rosario, now Rosarito Beach.
As you know, in 1848 California changed from being Mexico to part of the USA and people born in San Diego, was given the chance to say what country
they wanted to belong, Mexico or USA and Don Juan Machado with his family became USA citizens.
In 1863, the national Land law, was issued by Mexico´s President Benito Juarez, you can consult that law in a book named ¨5 siglos de Legislacion
Agraria de Manuel Fabila ¨ From that law:
Article 2 say, that it was forbidden to any of Mexico´s authorities to give away or sell National Land, specially the Estates governors also that it
was forbidden to any person to own more than 2,500 Hectares, also that it was forbidden to any foreigner and Mexican not living in Mexico, to own any
property in Mexico.
Article 10 say, that if the person who claimed National Land, did not make use of the land by putting on the land, at least 1 person for each 10
hectares, the title will become void.
Article 27 say, any violation to any article of this law rendered the title void and inexistent.
Then Benito Juarez died, the Second Empire Raised and fell and President Porfirio Dias took power in 1876, ending the chaos and starting the civil
government in Mexico.
In 1878, the son of Don Juan Machado, Joaquin Machado Valdez, knowing that his father title was void, claimed the El Rosario Ranch with 19,311
hectares from National Land office, in 1879 the title was issued by the President Porfirio Diaz and the title registered in 1885.
In 1889, a delegate was sent to Rancho El Rosarito owned by Joaquin Machado Valdez, brothers and co proprietors, to check if they had complied with
the law, having at least 1 person for each 10 hectares, or at least 1,931 people, they failed for 500 people bringing even children and the failure to
complain with the law documented officially.
In 1894, President Porfirio Diaz, issued a new National Land law (Ley de Terrenos Nacionales de Don Wistano Luis Orozco), allowing people to own more
than 2,500 hectares of land, but in the exceptions to the law chapter, he say, that you can own as much land you needed, but not more than the amount
of land allowed by the Benito Juarez 1863 law.
President Porfirio Diaz did this, to make a joke of a deal, he had made with American companies that were given ½ of the land, they surveyed in Baja
California, named Compañias Deslindadoras; the American companies, went ahead and surveyed the whole Baja, expecting to own ½ Baja, but the law didn´t
allow them to own more than the 2500 hectares limit, but they didn’t know it and measured the whole Estate, only latter knew of the law prohibition,
but by then the Federal government had already the survey works.
In 1910 Mexican Revolution erupted, Civil war everywhere, to try to overthrow the dictator Porfirio Diaz, who had governed Mexico then for 34 years,
war went over for 5 years, up to 1915.
In 1915 Porfirio Diaz was almost finished and had to go to France in disgrace and without money.
Then, everybody was commenting that the land limit will remain like in 1863, no more than 2,500 hectares will be allowed and the word went all the way
to San Francisco California, where the Machado Family lived away from war, as American citizens.
Joaquin Machado had died as American citizen and is buried that way in California USA.
The then Machado family composed of 11 of Don Joaquin Machado Valdez sons and daughters started to sell the Racho El Rosarito 19,311 Has. In San
Francisco, through the Mexican Consul there; they sold it to a Mexican company born in 1915 in Mexicali B.C. named ¨Compañia Explotadora de la Baja
California¨whose main stock holder, holding 99.8% of the company stock was a Canada Born person named Danzinger, the 2/10 % was owned by 2 Mexicans
and one of them lived in San Diego California, I should add, that they never got a permit to own stock in a Mexican company.
The sales are registered in the number one of Tijuana Public Registry´s book, scriptures number 1 through 19.
In 1916, The named President Carranza, having finished the Revolucion and having overthrown the Dictator Porfirio Diaz, published a presidential
decree (Official newspaper May 7, 1917) declaring that all the Baja California Lands, that were in foreigners hands, returned to the national Land
dominium and property, like the Hartford Connecticut company, making an example of that company.
In 1917, the new constitution was published by The Mexico´s President Don Venustiano Carranza, and it´s 27 article, it say that all the titles issued
between 1876 and 1917 were subjected to revision by the national land office to avoid validate any title that violated the 1863 law.
Knowing that he had just lost all the just acquired land, the Canadian owner of Rancho El Rosarito promptly gave away the El Rosarito Ranch, to his
wife, named Daisy Moreno, an Spanish actress, expecting, that nobody will notice she was not a Mexican, with the name being similar to a Mexican name.
As you see, The Rancho El Rosarito´s area violate the 1863 law, making it, and object outside of the law, not fit to be given away by any authority.
The 1894 law, did not validated that sale, and that mean, that the Joaquin Machado Valdez was inexistent, according to the 1863 law article 27 and
inexistence in those years, was the fact that the legal act, affected by it, never started to exist, in other words, the Joaquin Machado Valdez title,
never started to exist, also, if it ever existed, by violation of the article 10 of the same law, it suffered again of in existence. Simply, there is
no way to argue, that that title exist or have any legal effect, after that, but if something else were needed, when the Machado family sold the land
to a foreign owned company, it came under the effect of the Venustiano Carranza decree, returning those lands to the National Property, if we want to
speculate that at any time, it came out.
I should mention, that when I exposed this information to the COPLADEN official meeting in Tijuana´s Presidential palace, being present at that
meeting, the Tijuana Major Hector Osuna (Now Senator) and all of the Tijuana public notaries, one of them, argued that the May 7, 1917 decree was not
legitimate, because it was not issued by an elected President; remembering that Venustiano Carranza was named, not elected and under that light, all
of the Venustiano Carranza´s acts, would be voided also, but then, I counter argued, that if that was the case, then being all of the Venustiano
Carranzas legal acts, voided, then if he was the President that by his act, put in effect the Mexico´s actual constitution, then Mexico would not have
an acting Constitution and no law was in effect in Mexico at that time; being that an absurd, everybody accepted the 1917 decree as legal and in
effect.
This lecture was also issued at the Tijuana´s Commerce Chamber the next year by me, to all of the public officials and Real Estate agents and public
notaries, so nobody can claim not knowing.
[Edited on 1-28-2011 by ramuma53]
[Edited on 1-30-2011 by ramuma53] |
