The Birmingham age-herald., 1909-12-28
AMERICAN LYING
 IN MEXICAN JAIL
Labor Unions Are Making Ef-
 forts To Get His Release
NOIE TO THE EMBASSY
State Department at Washington Is aking Steps To Look Into the Matter and See That
 Justice Is Done.

Washington, December 27.-Aetng un- ! der the demands of labor unions, the state department has called upon the American embassy to investigate sharp y the matter of the incarceration of Con duetor James A. Cook. an American, who was arrested and imprisoned for alleged complicity in the robbery oc freight trains on a Mexican railroad Cook has ben in prison for some time without trial. and his friends in this country have beseged both the White House and the state department with demands that he be given immediate trial or be admitted to ball. In cases of the kind the latter alternative Is never resorted under Mexican law
 The text of the note addressed to the embassy is not made public, although what purports to be a copy of the note was published in an afternoon paper here today. The state department officials declined to say whether it was authen- tic or without foundation In fact, but they did acknowledge that the United States diplomatic representative in the Mexican capital had been instructed to undertake an immediate and thorough investigation into the matter and bring the request of the United States gov ernment to the attention of the Mexican foreign office.
 The department deplores the sensa- tional stories based on this action," said a high official of the department today The United States has taken steps to safeguard the rights of an American citizen because the friends of that cit- izen believes those rights are not being recognized. Personally I know little about the case, but l know that the man in the case has not been impris- oned much longer than many suspected persons under the same charge have been incarcerated in this country awaiting trial. It is entirely natural that the friends of Cook should be anxious about him and should likewise exert every ef- fort to have him brought to a speedy trial. The idea of an American pictured as helpless and subjected to persecution, languishing in a foreign Jai1 always will appeal to the tender hearted. It is al- together likely, however, that the Mex ican law is taking its course: if not, the embassy will so report"
 Cook, 1t is said here, was a member of the Brotherhod of Railway Trainmen before he went to Mexico to work on the railroads there. This organization Is powerful one, and closely allied with other railway labor organizations equal ly powerful. These labor bodies have brought powerful pressure 10 bear, not only on the White House and the state department, but also on Congress, and the delegation from Kansas, the state from which Cook halls, has taken up the matter.
 The exchanges between the United States and Mexico are purely friendly and informal. They are being conducted through the regular diplomatic channels and on the part of the department with a complete recognition of the peculiar ities in laws governing the operation of railways in Mexico. Not the slightest friction, the officials of the department insist, has arisen as a result of the in- terchanges, and a satisfactory solution of the entire situation is matter of only a few hours or days at the furthest.
 The existing delay in the matter of giving Cook 8 hearing IS well known here Under the Mexican law the con- ductor of train which kills or mains citizen or is footed, is held without bail until he can be heard and his case passed upon by a court of first Instance, which corresponds with the American grand jury.
 Cook was arrested last August and has been in prison since. all attempts to obtain his release on ball having been refused.
 Mexico Acts Within Rights.
 Mexico City, December 27.-The Mex ican government has acted wholly within it's rights thus far and accord ing to its legal methods in the mat ter of the American Railway Conduc- tor Cook, who is being held responsi- ble for the robbery of a freight train in his charge, said Charge dAffaires James G. Bailey of the United States embassy here tonight He added that he had received instructions from the state department at Wash ington to Ascertain from the Mexican govern ment the status of the government" and that the latter had made a sat isfactory reply" which he had for warded to Washington. He stated that he did not understand the instructions from Washington as in the nature of criticism of the Mexican govern ment's procedure.
 The crime with which Cook stands charged. said MT. Bailey. is not bail able under the Mexican laws. and they have a legal right to keep Cook in custody six months before rendering a decision. He has now been in jail four months. The case Is waiting upon the return of the letters rogatory from General Manager Clark of the Mexican line, which have to do with the character of Cook.