El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-27
To
FREE JENKINS
MeXico's Answer to u. S.
Ultimatum Now Before
Secretary Lansing.
CContlnued from page L.

u
Confined from page L.
cone OF 1a.s.lying luuicial deciara-
tons and TINS mas caused his lmpris-
I onmenL
] Negertheless this imprisonment does
not Of irselt slgnlly mat alr. jenkins
3 BLslt3s peealse sucn a fact can
[ only be established by a definite
augment
Z A0ur excellency knows that the
criminal proceedings IN Mexico in
I olives three classes OF Imprisonment
Z preventive, nnen it is suspected tnal
a person has criminal cOmpuclty In
an act; formal, Wnen against the &C
lLseu there is suIUcienr evidence IN
the judgment Of the magistrate 10
suppose tnar the accused is guilty or
the crime, and ordinary Imprisonment
when involves deIinite sentence, as
the penalty provided for the crime
and the Euilt OF the accused duly
prlsonment are not, legally, penalties,
uur restrictions 10 the liberty OF the
accused pending Investigation. me
judgment may also declare the limo
cence OF the accused
Ar. Jenkins has undergone a pre-
VentiFe detention first and then @
formal Imprisonment OF q hours II
IS because Of this that he was rear
rested and this is fact that seems
10 be considered by The government
OF the United States as persecution.
or a series OF injuries that are in
llcitec unJusuy on the consul
Liberal Law Explained.
In the course Of the trial, at any
time. the accused may ask and obtain
his liberty on bail The Mexican law
IS very liberal about this, since all
that IS necessary Is a request and the
production OF the sum fixed by the
judge. Mr.. jenkins refused TO exer-
else this right, notwithstanding that
be was asked to do so several times
and the fact that the Judge has fixed
for him as bond the sum Of 1000
pesos cannot permit him strictly to
call himself the victim Of injuries
which he has brought upon himself
Mr. jenkins, finding himself. then.
Involved in a trial that is being con-
Quoted according 10 law, under the
Jurisdiction OF a judge whose pro-
.ceedings are open, and are constant
Is under the vigilance OF public
opinion. while IL is interested IL
learning the truth OF the affair. the
Mexican government finds Itself un-
der the necessity OF not being able
to accede to the demand for liberation
contained in the note to which 7 am
replying; and IL has for this strong
reason founded on the rights OF peo-
pies and considerations Of eonstitu-
lonal character.
As 10 the first rights. the govern
melr believes that no other govern
meur can make diplomatic claims for
one Of its subjects abroad, save In the
case where justice IS denied. or where
the sentence is n0toriouslv excessive,
which is also In international law.
a denial OF justice and that the prac-
tlce that has been Invariably OBJ
served has been that OF waiting for
case involving foreigner TO pro-
nounce a judgment that. as I have
said, il u were VIGOROUSLY unlLe-s
would be the Only basis for a claim.
3 aH1H HaInI al HI.H HaH a
cur political constitution establishes
as fundamental principle the sep
El1rion Of the executive power from
that OF the judicial. and By virtue Of
this the executive does not have the
power % interfere in the business OF
Likewise, the autonomy OF the vari-
Gus states Is guaranteed On our con-
stituuon, ana it is by virtue Of the
federatiVe structure Of the Mexican
tervene N affairs which like THAI OF
llr- jenkins belongs properly and eE-
cluslTely to the authorities Of the
state OF Puebla- For this reason the
executive could not order the judge
having Jurisdiction OF the case 20 free
lr. Jenkins. because this latter func-
tlOnarT could with reason refuse "A
obey such an order. The executive
would thus be lacking in the first
duty Of all government duty that
he has always tried 10 observe-that
Of respecting the laws OF the country
and causing them 10 be respected
should Not Affect Relations.
Therefore such line OF conduct. .
IN the opinion Of the Mexican govern
ment, cannot unfavOrablv affect the
relations OF friendship which for
unately exist between IL and the
United states-espec since the
BY simple request. Mr. jenkins could
pc at liberty; for never should there
be cause Tor friction Ga the fact that
me Avs Of each are applied equally
70 citizens and foreigners.
In the United States. AZ times. Mex
.can cousuls have suffered imprison-
ment for some acts involving the
law OF the United States. Although.
in the opinion OF the Mexican gov
eminent. such imprisonment was not
ne expiration OF the laws OF the
I ulted states be not made In each
case, for the Mexican government al
ways observed respect for foreign
cans abroad should occupy, because
they are McTicans. 8 position q eN-
-eption or privilege.
Neither in the United States nor fin
Mexico can citizen on trial be freed
1y an executive order and Do would
be strange II an American citizen in
Mexico should have more rights than
be would have in his own country,
me government Of Mexico Ike Use I
cannot concede 10 American citizens I
more rights than LeXlcans enjoy IN I
he United States.
The American government seems I
10 labor under the conviction OF the 4
ABSOLUTE Innocence OF Mr. Jenkins. IN ]
spite OF the f=ct that the case Is IN I
progress Of Investigation. The Mex I
can government, without trying 10 I
slaim that Mr. Jenkins is guilty. con /
ines itself 70 submitting the fore
-oing considerations 10 the United /
states. permitting itself to hope that Q
he department OF state viii POSTPONE I
Is Judgment until the courts have /
handed down their decisions. with /
ne assurance that in the hosoms OF I
Mexican judges there does not lie I
he desire to iniure or prosecute M I
Jenkins. but that they are rather
possessed Of a genuine desire 20 pro-
'eed according 10 justice
i take occasion, etc.