The sun., 1919-09-04
REPORTS CONFLICT
ON AIRMEN FIRED AT
Secretary Lansing Will Await
Fuller Details Before Ex-
pressing Opinion.
WARNING MAY BE RESULT
Carranza Soldiers Said to Be
Within Rights If Border
Had Been Crossed.
speetal pespetcA % Tnr svv.


WASHINGTON, Sept S.-5ecretary OF
state Lansing announced to-day that
the United States Government had
reached no decision as to it's action re-
specting the firing on an American Army
,lrplane by Mexicans near the border
and the wounding of Capt David B. Nc
Nabb. the pilot Ofiicial dispatches re-
portlng the case have been received by
Mr.. Lansing, but the facts. he says. are
not vet complete enough or definite
enough to warrant any statement by the
Government.
II develops that the chief point now in
doubt Is whether or not the American
airplane was flying over Mexican terri,
tory when the shots were fired. The
Mexican consul at Laredo says 1t was.
n this be the case there is every. indi-
cation that the United States Govern
rnent will not feel justified In making
representations TO Carranza- Technically
carranzista soldiers would be within
their rights in firing on an invading
American airpiane. II is explained. even
though this act might be regarded as
showing the hostile spirit Of the Mexi-
cans
Construed as Invasion
There is no we'll defined international
law covering the fight of an airplane
over foreign territory. but the practice
has been to regard such acts as con-
yituting invasion in the same sense that
entry Of troops into foreign soil would
constitute invasion. II IL recalled that
before the European war British and
French planes frequently crossed the
border by mistake and promptly were
fred upon.
The United States Government does
rot claim the right to send army air
planes over Mexican territory without
notifying the Mexican authorities in ad-
vance. There have been recent reports
Of American planes crossing the border
and one report states that an American
plane flew as far as Chihuahua to bring
back gold from Mexico. There is no
confirmation Of this at the State De-
partment, but II is pointed out that such
an act would be in violation of Mexican
q law, as Carranza has forbidden the ex-
pert of gold from the country.
1t is believed likely that Major-Gen.
Dickman. commanding the American
troops on the border. will be notified
by the War Department of the position
Of the United States Government regard
ing the flying across the border of Amer
ican planes. He probably will be asked
not TO permit the planes to cross the
border without good reason and with
out notifying the Mexican authorities.
Mcxfcans Always Warned.
In cases where American troops cross
the border TO follow hot trail" after
bandits the nearest Carranzista COM
mander is always notified in advance.
Inc Mexican protests do not serve to
prevent these punitive expeditions but,
It is pointed out. the Mexicans are at
least warned of their coming.
The present case differs from tho
recent case where two American aviators
were held for ransom because in This
case the bandits and not CarranzIsta
troops were responsible. Had the ayi-
ators been taken by Carranzistas II is
regarded here as extremely doubtful
whether the AmericaR~punitive expedi-
lion would have entered Mexico.
In determining whether or not the
american aviators were over Mexican
or United States territory when the
shots were fired. Mr.. Lansing will be
governed by the testimony of witnesses,
me credibility of their reports, etc.