The Washington herald., 1911-05-11

has not been considered by President
Taft and his advisers.
The next move of the federal troops
here 10 awaited With interest. AZ far
as IL known the Mexican government
was relying entirely upon Gen. Navar-
70 and his force at Juarez to crush the
insurgents in the north. and II il not
believed that the Mexican government
will be able to gather a second army
in the northern part OF Mexico large
enough to cope with the Maderists.
Border Port of Entry.
The United States custom-house. at Ell
Paso. Tex. will be kept open regularly
during the occupation Of Juarez by the
insurrectos. This decision by the Treas
ury Department Is Of great importance
to the revolutionists. It assures the Ma
dero forces Of an open port OF entry on
the border as a base of operations into
which they can ship from the United
States war supplies ovithout interference
from this country.
The United States. under the neutrality
laws as interpreted by the Supreme Court
and officials Of the Departfent of Jus
tice. has no right to interfere with bona
fide, shipments Of arms or munitions into
Mexico. It is only when an attempt is
made to smuggle war supplies across the
border. or when they are carried by an
expedition" that the United States gov
ernment can interfere. Recently the
Judge Advocate General Of the army has
decided that three armed men constituted
an expedition.
While the United States has made no
attempt to interrupt legitimate shipments
Of arms into Mexico, the insurrectos have
been obliged to resort to filibustering >ex,
petitions for their munitions because the
custom-houses on the Mexican side have
been held by the Mexican federal gov
ernment. Consignments Of arms and am
munitions to the insurgents wher. cleared
by the American custom-houses were
promptly seized on the other side by the
Diaz officials and confiscated
This lack Of a port of entry has been
one of the most serious handicaps that
the insurrectvs have had. II explains
why they centered their efforts first on
Aqua Prieta and later on Juarez The
Madero army now has an open door to
American manufacturers.
No Contraband Goods.
AS the belligerency of the insurrectoy
has not yet been recognized and a state
of war is not officially acknowledged TO
exist in Mexico. there are no goods which
can be termed contraband, but even
though war were admitted by the Mexi-
can government, the United States, as
a neutral, would not have authority to
stop the shipment Of ammunition or guns
to the insurrectos
Treasury Department oficials are Of
the opinion that any action which the
Dias government might take by way Of
formally declaring Juarez a closed port
would have no effect upon the United
States customs-house at Ell Paso. The
United States Supreme Court, It is said
has held that the United States authori-
ties are required only to clear goods to
the persons in charge of the customs
house in a foreign port Of entry.
Their. is no exact American precedent
for the case presented on the border at
this time. The President of the United
States has the unrestricted power to
close any customs-house, but II Is ap-
parent that Mr.. Taft will not exercise
1t either in the case OF Juarez or other
border towns.
The Mexican government may declare
the port of Juarez closed as a port of
entry. and thus create an embargo, out
the insurrectos could laugh at an EN-
barge which the federaIs could not en-
force.