El Paso herald. (El Paso, Tex.) 1901-1931, 1914-03-09
HUERTA OFFICERS
UNDER ARREST
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UlHDLII nIIULU
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! the east bound G. H. Passenger train,
en- route to Eagle Pass, Tex. The police
/ claim the men were enlisted here Tor
/ service in the federal army and in
! tended to leave at once for Eagle Pass,
/ where they would cross into Mexico.
, The men were taken to the police sta
| ton and docketed. Later they were
/ turned over to the military authorities.
| Evidence secured from these men
/ caused the officers, acting on what they
/ had learned of other such expeditions
| to make the arrests Monday.
Arrests at Union station.
| When the eight Mexicans were ar
| rested at the union station saturday
! night, three of them, it is claimed, ao-
mitted to United States officers that
J they were recruited for service with
/ the federalS in Mexico, and that they
/ were to report to the FEDERAL com
mander at Ciudad POrf1r1O Dlaz after
/ their arrival at Eagle Pass. The Unit
/ ed States officers also say that the
1 three men who admitted this fact, also
/ said that they had been told by some
| one at the consulate that they were TO
say that they were refugees being sent
/ back to Mexico by the consulate mere
] Five stuck to the story that they were
1 being sent back to Mexico as refugees
! The United States officers very care
/ fully avoided any mention OF the Mex
lean republic in the warrants Wnlcn
were issued for the consular inspector
and his assistants. The warrant reao
/ for violation Of the neutrality laws
! bv conspiring to enlist men for foreign
/ service with the HuerUsta or 4ederal
/ Bryant Delivers Warrants,
When deputy marshal Ed Bryant
went to the Mexican consulate at Sl4
! MapOffin avenue at II O'Clock, he Went
/ to the office of Miguel Diebold, on the
! second floor of the consulate, and
handed the consular inspector the war war
rants. These were read and D1ebold
answered: You have no right to serve
| these papers here, as this IS the Mex
/ can consulate and is foreign SOIL How
ever, you are welcome TO come 70 the
consulate at any time:
A marley followed between D1ebold,
Margain, the vice consul a ue ID
Sierra the consul, and other clerks ana
confidential men in the consulate. Ere
01e0+ calls were made on the telephone
by Diebold and others ana IlnaIly
GufIlermo POrTaS, formerly the acLHB
civil governor Of Chihuahua under the
Huerta regime, appeared with aLIor-
news Harris WaIthall and II. R Gamble.
Then began the conferences Win COIL
Bond is Decided Upon.
Deputy marshal Bryant then LETT the
consulate at a few minutes before Il,
accompanied by the two attorneys
They went to the commissioner OF
flee in the federal building, where an
other conference was held Win the
commissioner, who insisted upon his
stand that the men appear to answer the
charge in person He said that he would
not fix the amount of their bonds until
they were before him, but that ne
would not place them in jail while the
bond was being arranged. A bond Of
$1,000 was practically agreed upon IN
advance.
Consulate Watched by Moore.
It was finally agreed that the men
charged in the warrant would appear
before the commissioner at one o'clock.
In the meantime, deputy marshal
Charles r. Moore went to the consulate
to prevent any possible effort being
made by any Of the men to escape to
Mexico or get out Of the jurisdiction
of the court
Margain Long in Service.
Margaln, the vice consul has been
stationed here a number of years as
vice consul He served under consul
LOrente, consul Mirands and de Ia
Sierra. DiebOId came here from east
Texas, where he was stationed at La
redo a number of years. De Ia Sierra
came mere recently and r. Saldana is
not known locally to Mexicans Die
bold is prominent Mason in Mexico.
The Rights of COnsuIs.
Since under international law a con-
sui is not a diplomatic officer and
possesses only limited privileges of
representing a foreign state or SOW
ereign in semidiplOmatic capacity,
the consular residence is not regarded
as necessarily immune from entry, nor
the consul immune from arrest Con-
suls are amenabIe to the courts of the
country to which they are accredited
IN civil and criminal cases. but bv
custom or by treaty. with abundant
presidents in international practice, it
has been pretty we'll established that
a consul shall not be subjected to any
treatment that may render it impOs-
SlrIe even temporarily for him to per
form his consular functions
Therefore it is usual to admit a con-
sui to bail even in the most serious
criminal cases, or to hold him under
surveillance in his own house rather
than take him to jail A consul can
not be drawn on juries or impressed
into military or police service Other
1mmunItieS are recognized, but except
as a matter of courtesy, which gov
erned in the present case of the Mex
lean officials, they do not extend to
1nvtOlabihty of residence to entry, or
Of person to arrest.
When a consul Offends against the
laws of the country to which he is
accredited or NEEDLES in its political
affairs, it is usual for that country
to demand his recall, or to dismiss him
b. revOking his exequatur. In 1856
the eXequatur of official recognition
of authority was Withdrawn by the
United States from three British con-
suls on the ground that they had
helped to recruit men for the British
army during the Crimean war. This
seems to be almost a parallel case
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