The Birmingham age-herald., 1919-11-28
Text Undoubtedly Agrees With That Given Out By Mexican Consul General. Next Move of United States Is Pr0blematical
By AssoeIstsd Pres.

By Associated Press
 Washington, November 27. Mexico has replied with an argumentive diplomatic refusal to the American governments demand for the immediate re- lease of William O. Jenkins, the consular agent imprisoned at Puebla.
 The official note was delivered here today, but not made public. There is no reason to doubt that it agrees with a copy given out last night by the Mex ican consul general at Fl Paso.
 No comment was forthcoming to indi- cate how the state department regard the answer to what was considered one of the sharpest warnings yet sent to Mexico, and neither was there any indi- cation of what the governments next step would be.
 The Mexican reply, which, according to it's text, was prepared at the direction of President Carranza, argues in the main that the Mexican government can not order the release of a prisoner shile his case is under adjudication in the civil courts of one of its states, and con- tends that the American government 5 demand for the consular agents release had no foundation or precedent in in- ternational law.
 NEW ANGLES REVEALED
 Some new angles of the Mexican view point on the Jenkins case, hitherto un- published in the United States. are re- vealed. The tendency of the Mexican argument is to separate the Jenkins case into two phases:
 First, the situation in which the con sular was Kidnapped by bandits and held for ransom; and last, his subsequent ar- rest and Imprisonment by the civil au- thorities of Puebla on a charge of hav- ing "conniyedn with the bandits. The note at hand deals with the latter phase exclusively.
 It points out that Jenkins was frs held under what is known to the Mex. ican penal code as preventative impris onment."
 This provision covers a situation in which a person is suspected of com plcty In a criminal act. He subse- quentiy was held under a provision cov- ering formal imprisonment, which un- der the Mexican penal code applies when a magistrate believes there is sufficient evidence to establish. that crime has been committed.
 The allegation against JeSEsa IS is that he signed conflicting statements regard ing the Kidnapping, and therefore was guilty of falsifying judicial declara- tion.'
 URGED TO MAKE BAIL
 The note says Jenkins has opportunit released on bail in the sum of 1000 pesos, he equivalent to $500 in American money if reckoned in coin rather than Mex ican bank notes, and that Jenkins has refused to avail himself of it, although he has been requested to do so.
 Recalling that Mexican consuls in the United States have been imprisoned. and that Mexico has never asked the United States to waive local law in their cases, the note remarks that the Mexican government cannot concede to American citizens more rights than Mexicans en- toy in the United States"
 The Mexican note opens with the ob- servation that the foundation for the American governments demand probably "can only be the power of the country that makes it." and the conclusion of lengthy legal argument expresses it's hope that the state department will withhold its judgment on the Jenkins case until the civil courts in Puebia have passed on it.
 In the note to Mexico the state depart nent not only demanded the imnediate release of Jenkins, but warned Carranza that further molest2tion of the consular agent would bring the relations between the two countries to precarious point. As the sequel to one Kidnapping close after another, Jenkins arrest and inn prisonment by local Carranza authori- ties 0incensed" this government, as Sec retary Lansings note expressed it.
 Whether the government will regard the Jenkins case as a climax to the long list of unsettled questions with Mexico is not being indicated in any official way Technically a consular agent has no diplomatic status and immunities, and unlike diplomatic agent, is not beyond local laws.
 Local diplomatists are of the opinion that in framing it's further action the government here will have to determine whether the civil prosecution of Jenkins is civil prosecution in good faith in which the consular agent is receiving a speedy and fair trial with all preserva- !. tion of his rights or whether he is being ''molested' by the Carranza government while legal and technical arguments are Icing advanced to justify the procedure