Evening capital news. (Boise, Idaho) 1901-1927, 1919-12-01
BACK in WASHINGTON.
SECRETARY LANSING.
Continued from Page one.)

/
for obviously no such citation is nee
essary for the enlightenment Of gov
eminent of the present day. The Mex
:can government believes, and rightly
So that the American request for
Jenkins release is not based on the
strength of the country which makes |
it, for 1t knows the request Is founded |
on the justice of the right of an Amer |
lean citizen and United States consular
officer to fair treatment while resid-
ing and discharging his duties within |
Mexican jurisdiction with the knowl- |
edge and approval of the main govern
ment. The Mexican government may
contend that the Imprisonment of the !
victim is necessary for the investiga-
ton by judge under Constant vigil
lance of public opinion of the truth
regarding his abduction and that a
light of release on bail is a palliative
for such wrongful Imprisonment, but
the United States Is constrained to the
opinion that such arguments are mere
excuses. The government of the Unit
cd States invites and desires the fullest
possible examination and investigation
o. this case, but 1t can not admit that
Il is necessary that Mr.. Jenkins should
be retained in prison even with the
privilege of applying for bail. My gov
eminent will not, and is satisfied that
Mr.. Jenkins will not place any OBJ
stacles in the way of a complete and
full examination of himself or his wit
enesses orsof the events, leading up to
and connected with his abduction.
IMPARTIAL TREATMENT.
THE Mexican government prefers to
attribute the American note to an i'm
perfect knowledge of the Mexican
renal laws and proceeds to explain
with refinement the tintricacies Of the
Mexican penal proceedings but the
government of the United States fails
/ to discern in their application to this
case at the hands of Mexican author
tiles an approximation to impartial
treatment of Jenkins and the Mexican
government knows the absence of such
treatment is the reason for the Amer
lean request.
| THE Mexican government maintains
! that 1t can not grant the request of
the United States for Jenkins release,
for the reason that under international
/ law no diplomatic intervention is ap-
propr1ate unless denial of Justice has
occurred and because the Mexican gov
eminent Is not in position to demand
jenkins release in view of the separa-
ton of the executive and judicial
powers under the Mexican form of gov
ternment and the independence of the
state courts, by one of which Jenkins
icontention Is, as everyone knows, that
a denial of justice has already taken
place, and also because the Mexican
lconstitution specifically gives the fed
eral tribunal jurisdiction of all cases
concerning diplomatic agents and con-
sular officers.
] 1.-THE United States is not to be
driven by such subtle arguments into
a defense of it's request for the re-
lease of Mr.. Jenkins. 1t Ii for Mexico
to show cause for his detention, not for
the United States to plead for his liber-
alton. Stripped of extraneous matters
with which the Mexican note of Nov.
26, endeavors to clothe 1t. the naked
case of Jenkins stands forth: Jenkins,
a United States consular agent, &C.
credited to the government of Mexico,
is imprisoned for rendering false ju-
. dicial testimony in connection with
the abduction of which he was the
victim. This is the substance of the
Mexican note.
PROSECUTING VICTIM.
MY government is pleased TO learn
that the Imprisonment of Jenkins
stands on this single and we'll defined
ground and that the recorded state
ments that Mexican authorities had
caused the Imprisonment of jenkins
because of collision with his abductora
and rebellion against the state are moi
} ScAiouSiy Tc3dTucu ny yOuT 8OtcIilHl
In whose interests then is the charge
of false swearing brought against
2 Jenkins? !. His abductors? He Is II
: equity the complainant in the case o.
e his abduction, not the defendant a.
y the Mexican government now make!
!, him out to be. The Mexican govern
q ment is prosecuting the victim in.
: stead of the perpetrators of the crime
s While the outlaws. who endangered hi
: life and took away a large part of hi,
fortune enjoy their freedom, the Mexi
r can authorities now deprive Jenkini
g Of his liberty. Moreover the grount
expressed for the imprisonment of Jen
e kins, namely that he Is supposed Z,
# be responsible for the crime of render
v ing false judicial testimony must b.
Q ltaken-and my government directs spe
n cial attention to this point--as merel!
$ an expression Of opinion on the part o
: the Mexican government as 1t Is en-
tirely unsupported by evidence.
There is not produced any OF tn
testimony rendered by him or any ex
}. tracts from such testimony tending 4
o show the correctness Of this opinion
g. The Mexican government cannot ex
i pect the United States to accept In tn
5 grave circumstances Of this case sucl
a bare unsupported statement -