Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1886-08-19
A NEW PHASE.

presentations of Minister JACKSON 40
cides to Send Special Envoy Go MeAlco
to Investigate the Legal status OF 'no
Cutting Case-The Presidents Choice.
WASHINGTON, Aug. 13.-The situation
in the Mexican troubles was yesterday
materially changed, which means
settlement in some form with basis for
| diplomatic action in the future. me
Cabinet had longer session than. usuai.
There was little if anything considered,
other than the pending controversy over
| the Imprisonment of Cutting. The ques-
ton was thoroughly and Conservatory
considered and discussed from every
conceivable point. The most Important
question, however, was the propositl on
received w ednesday evening late, through
the mails, from Minister Jackson, at the
City of Mexico, conveying to the state
Department plan for the adjustment OF
the affair as proposed by the MeXicau
Government. In brief, it is this:
The Mexican Government has all the
time claimed that it had done nothing IN
the premises which was not warranted
and in harmony with the spirit OF the
law and expressed statutes OF the repuo-
lie. That there may be nothing left I'M
done to ascertain the law of the case,
and that the respective governments may
not proceed further without having the
| laws of the two nations bearing upon
the case fully and satisfactorily
weighed and considered, the Mex
lean Government has made to this
country, through Minister Jackson, the
proposition that If the State Department
will send to the City of Mexico ap able
LAWYER as special envoy of this Govern
ment to confer with the Attorney General
of the Mexican Republic as to the proper
Interpretation of the law under which
Cutting is held, they believe an amicable
solution to the problem can be arrived
at In the official communication OF
Minister Jackson particular stress Is
laid upon the belief that the State De-
partment has not properly construed and
read the law, at the same
time expressing the belief that when
this Government has, by one OF its most
aole and distinguished lawyers, made
thorough investigation of the law and ex-
listing statutes, it will be willing to con-
cede the Mexican Government the right
to hold Cutting for the offense with
which he is charged. After two hours
discussion of this subject by the Cabinet,
it was unanimously agreed that the prop
osition from the Mexican Government be
accepted and representative sent
to the City of Mexico as soon as
possible. This Government is to
be bound by the report that the
representative may make. 1t is asked
that this precaution first be taken before
progressing further in the matter and
upon this report there can be established
additional foundation for further dlplo-
matte procedure. Pending this agree
ment, neither government will take any
action, though each will be held respon-
sible for the conduct of its citizens upon
the border, where excitement is running
high.
Hon. Arthur Sedgwick, of New York
city will be made Special Envoy to Next
CO. Mr.. SedgwiCk was agreed upon this
morning by the President and Secretary
Bayard. Sedgwick is one of the best
known international law attorneys in the
United States, and considerable OF dip
Tomato He will be remembered as the
attorney for the International Copyright
League. He will start for the City OF
Mexico tomorrow or Sunday.
A Mexican View of the Case.
CITY OF MEXICO, Aug. 14.-The Diario,
official Government organ, yesterday con-
tanned important documents regarding
the Cutting case, including the full text
of the decision of Judge Zubia at Paso
Qel NOTle, WHICH SHOW CttdTiy I'LL.
mlstakably that the court held Cutting
for a crime begun on Mexican soil and
continued simultaneously in Texas and
Mexico. This puts new phase on the
case, as it shows that Judge Zubia re-
gar ded the case as one continuous act.
In passing sentence on Cutting the Judge
said the basis of criminal proceedings
against defendant was:
]. Proof before him that he committed an
nffn oil cod ar.iy,,n NV To- Inv,
of which afforded beyond dispute by
publication which appeared in Ell CentineiIa
on June 9th last, paper published ON Mex
lean soil.
> That, although it was true there was an
act of cancellation which would have salts.
fled the offended party had it been complied
with, it was also true this act of Cancellation
not fulfilled and therefore the crime
3. Proof of lack of compliance with the
aim of conciliation Is found in the COM
Paso sunday Herald, in which he renews his
defamatory charges against Medina; and at
the same time publishes an article in Ell
presses capital letters, and puts the name Of
Medina in microscopic type, in order to
make it's reading difficult.
4. A renewal OF the charges does not con-
stitute new offense, but Is confirmation Of
g. That this being So the criminal respon.
sibility Of Cutting arose from the publication
In Ell Centineta, which was renewed in
Texas paper, his renewal or ratification not
constituting new crime, which should be
punished with different penalty than that
which corresponds to first publication.
Judge Zubia lays special emphasis on
the fact that Cutting actually circulated
on Mexican soil his renewal of the libel
published in Texas, and were the case re-
versed, would be punishable under the
present code in Texas.
A. j. Cushing, an American lawyer,
sums up Zubia's decision thus: Cutting
was convicted of repetition of a libel
first published i'm Mexico, and reprinted
more virulently in Texas which he then
brought over and distributed in
Mexico, and it was the dis
triDution in Mexico of the second
libel, and not the printing of the same in
Texas, for which he was convicted, the
libel having been read by three or more
persons, as required by the statute of the
State of Chihuahua. Cutting pleaded in
bar to the jurisdiction of the Mexican
court that the paper had been printed
in Texas. He did not, however, DENY
that the paper had been circulated on the
Mexican side, which was the fact, numer-
Gus copies having been seized there BY
order of Court. This aspect of the case
takes away the phase of a conflict of law
of the two countries.