The Birmingham age-herald., 1912-04-28
INVESTIGATE STRAY
 MEXICAN BULLETS Has Raised New Question in
 Diplomatic Circles DAMAGES ARE ASKED State Department at Washington Refuses to Present Claims and
 Congress Is Endeavoring to
 Force Such a Move
 
Ky JONATHAN WINFIELD

claims of certain American citizens who suffered by reason of the shots fired by Mexicans across the international boundary line. during the Madero in- surrection laN year, is presenting has never before arisen in the history of the government.
 Claims have frequently been made by Americans against foreign governments but always the injury complained of has been committed while the claim ants were upon foreign soil In this in stance the damages for which repara- ton is sought were inflicted upon Americans by foreigners while the Americans were in their own country and therein lies a difference which has caused the claimants to appeal from the decision of the state department to Congress.
 In April of last year the Mexicans fought battle at Agua Prieta, town in Mexico just across the line from Douglas. Ariz. Many of the shots fired went across the border and killed and wounded Americans while they were in their homes and in the pursuit of their business. Later in May of the same year. a battle was fought at Juarez across the line from El Paso, Tex and there was similar Injury inflicted upon Americans in that town.
 At the scene of both enga gements an American force was present on Amer .can soil, but the troops were powerless to act to protect the lives and property rT.1. tl... resident to the Mexican government and the officers commanding the com hatants were unavailing.
 Following these occurrences the Americans who were injured and the representatives of those who were killed prepared their claims against the IeXican government for damages anil presented them to the American Secre :ary of State, together with their proof. with the request that they be laid be- fore the Mexican government and pressed through diplomatic channels for payment.
 This the state department has re- fused to do and instead has advised the claimants that the American ambas- sador at the City of Mexico would, upon reques st, file their claims with the Mex
 
 the consultative claims commission of Mexico, but with the distinct under standing that in so presenting the claims neither the embassy nor the United States would pass upon the porpriety, equity, justice or legality of such claims.
 These questions. the department rer- resented. would be left for further con sideration and final determination Ia accordance with the rules and prin- ciples of international law applicable and controlling them, when, If at all. it should become necessary to pass upon the question of formally presenting complaints of claimants through diplo- matte channels as diplomatic claims.
 The state department further informed the claimants that the American em- bassy would do nothing further In re- latoin to their claims than to present them for filing. The secretary of state informed them that 1t would be necessary for each claimant either personally or by attorney, to take all other needful measSfes in the premises, but that If the parties appearing before the Mexi | can tribunal should be dissatisfied with | it's findings after they had been ap proved or modified by the Mexican treas ury that they might then prosecute l their claims in the ordinary way before the Mexican courts.
 
 objection to this method of procedure. They have taken the position that they were injured in the United States and not in Mexico, and had never submitted themselves to Mexican Jurisdiction or Mexican laws and that there is no au- thority in International law 10 require them to go to Mexico for the trial of their cases.
 They contend that. as in all other cases of personal injury, their rights should be determined. and the amount of damages measured. by the laws blythe place where they were injured which were the laws of the United States
 They point out that the laws of Mexico | are wholly napplieable and that if Il were the purpose of Mexico to apply l American laws to the claims, Mexican tribunal would not be competent to apply | them.
 They Insist that it would be an act of in- | Justice, If not, indeed, complete denial of justice to require the American claim ants to incur the heavy expense of going l to aa foreign country to submit their claims to a tribunal whose proceedings would be conducted in foreign language and which has no power to enforce the production of evidence from the locality | where the injuries were inflicted.
 The claimants further represent that the | duty rests upon this government to pro- l tect it's citizens and to afford them jus | tice. They contend that as to them it | has not afforded protection and that in | consequence they have been injured, and | that it should afford them proper means of redress. This, 1t is insisted can only | be done by having this government in- vestIgate the cases, determine the amounts due and present and press them for pay ment through diplomatic channels.
 Americans cannot sue the Mexican gov | ernment in American courts, and 1t is | fmpra cticable for them to produce the | evidence or to try them before a Mexican | tribunal.
 On the other hand the state depart- ment contends that the Mexican govern | nlent has authorized tribunal to hear and pass upon the claims of foreigners | who have suffered by reason of the revo- | luton, and that all matters of indemnity i must go before that body. To support i it's position the department has presented | a long list of precedents. but in all of | them. according 10 the Arizona and Texas | cla aimants, the status is different. in that | the injuries done were committed while l those who sought redress were upon for eisn soil Tn the present cases the dam age was inflicted while the Americans were in their own country.
 Never before has such question arisen. and the arguments on both sides are strong and present an issue upon which interna ticnal law is not clear.
 To the end that these cases may be pi pared and presented by the American government against Mexico, there is les- islatior pending before Congress to obige f<1f