The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-05-11
I.S.WON'T CLOSE HOi So
No Law TO stop Imports N Arms Via n
pasO and .OuNre/.

open regularly during IN" occupation
Of Juare. by the insurrects
This decision by the Treasury Depart
ment is of great importance to the revolu
tionists II assures the Madero forces
OF an open port of entry on tho border
AS base of operations into which they
can ship from the United States war
supplies without Interference from this
country.
The United States. under the neutrality
laws as interpreted by the supreme Court
and officials OF the Department Of Justice.
has no right to interfere with bona fde
shipments Of arms or ammunition into
Mexico. II 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 seize them Pccently the
Judge Advocate General Of the army
has decided that three armed men con-
etitut"d an expedition
While the United States has made no
attempt to interrupt legitimate shipments
OF arms into Mexico. the usurrectos have
been obliged 10 resort TO filibustering
expeditions TO rescue their munitons
because up to this time the custom houses
on the Mexican side have all been held
by the Mexican Federal Government.
Consignments Of arms and ammunition
to tho insurrectos when cleared by the
American custom houses were promptly
seized on the other side by the Daz
officials and confisca,ed
This lack Of a port Of entry has been
one Of the most serious handicsps that the
insurrectos have had to endure II ex-
plains why they cente-ed their efforts
FIRST on the capture of Aqua Prieta and
later on Juarpz. With the latter port
Of entry in their possession. however.
the situation has cleared for them. The
Madero army now for the first time has an
open door to American manufacturers
As the helig-rency Of the insurrectos
has not yet been recognized and state of
var is not officially acknow lodged to
exist in Mexico. there are no goods which
can be termed contrabaad Of war; but
even though war we're admitted by the
Mexican Government the United States.
a. neutral. would not have authority
to stop the shipment Of ammunition or
guns 10 the insurrectos.
The passage of goods through the FL
Paso custom house into the hands uf the
irsurrectos does not. however. imply a
recognition Of bellieerency by this
Government. The custom houses Of
this country are operated without
regard to International situations and
the United States does not, in fact. pass
the goods to any other country or Gov
ernment. In the opinion of Treasury
officials it simply allows them egress
from this country
Ships were cleared from foreign ports
for Southern ports OF this country during
the civil war. They took their chances of
entry because the United States blockaoed
the Confederate ports. hut the foreign
Governments we're not under ohligat ion
to prevent ships from sailing for these
ports. \ similar situation. it is argued.
exists along the Mexican border. except
that the Rio Grande River instead of the
Atlantic Ocean divides the two countries
Treasury Department officials are of
the opinion that any action which the
Diaz government might take by way of
formally declaring Juarez "a closed port
would have no effect upon the United
States custom house at FL Paso The
United States Supreme Court, it ia said.
has held that the United States authorities
persons in charge of the custom houses
in the foreign port of their destination
The situation which confronted the
Treasury Department in regard to Juarez
was exactly the same as that which re-
suited several weeks ago from the capture
by the insurrectos of the Mexican custom
house at Aqua Prieta. At that time
Customs Collector O'Keefe at Douglas.
Ariz.. which is directly across from Aqua
Pr,eta, closed the American custom house
pending instructions from the Treasury
Department as 10 whether he should clear
to the insurrectos, He acted without
authority from the Department The
Treasury Department took up the ques-
tion presented by the Aqua Prieta situa-
ton with the State Department and the
Attorney General and there was con-
siderable uncertainty at that time as to
what should be done.
The conferences lasted two days and
before a decision was reached By that
time the insurrectos had evacuated Aqua
Prieta and the custom house there had
again passed into the hands OF the Mex lean
Government The Gust ON house on the
American side was then reopened by
kesfe without further notice from
Washington. after having been closed
thirty-six hours. In finally arriving at a
decision in regard TO the matter. however,
The Treasury Department. it was learned
to-day, adopted the general rule that it
would not close American custom houses
along tho border because of conditions
on the other side of the frontier
There is no exact American precedent
for the case presented on the border at
this time. though similar questions have
frequently arisen in other countries The
President of the United States has the
unrestricted power to close any custom
house he secs fiji, but it is apparent that
Mr., Taft will not exercise the power.
either in the case of Juarez or of other
border towns.
The Mexican Government, of course.
may declare the port of JuareH closed az
a port Of entry and thus create an en-
hergo, but the ln,urreci o. could laugh
al an embargo which tho Federals could
not enforce and this Government atti-
tude would not he affected by the situa-
tlon on the Mexican side of the border
The capture OF the city of JliareZ hv
the rebels has not caused any change %
policv ON the part of ,hi, Government
President TAFT ana hi. advisers believe
that the situation alOup thp border, Ma :