Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-11-27
MEXICO REFUSES TO RELEASE
JENKINS ON DEMAND OF u. S
Text of Reply Asserts Request Is Without
Foundation of Law or Reason and Based
on Misunderstanding of Statutes.
By the Associated Press.


MEXICO CITY. November 26.-De-
claring there is mo legal foundation
nor principle of international law"
upon which the United States bases
it's demand for the immediate release
of William o. Jenkins, United states
consular agent at Puebla, the Mexican
government through Hilario Medina.
tonight stated 1t was impossible to
accede to the request of the Ameri-
can State Department:
It is asserted that the executive de-
partment cannot under Mexican 4aW
Intervene at this moment In an anair
which is strictly in the hands OF state
courts. 1t Is declared the imprison-
i1ikhf Of Mr.. Jenkins 4waG mel hefsun-
Justified nor Arbitrary. and that MT.
Jenkins is preventing his own freedom
by refusing to give bail. for which
reason. it is said. ''he cannot be con-
"-- Text of Reply.
EEL PASO, Tex, November 27-The
text of the reply Of the Mexican gov.
States asking the immediate release
Of William o. Jenkins, American con-
sular. agent at PueblA, Mexico. was
received last night by. Andres G.
Garcia. consul general ct Ell Paso.
The text Of the note follows:
MEAlSo, kNOfciHpcL SVs A0AS.
Mr. George L. Sumfnerlin, acting
charge of affairs for the United
States of America:o-
I am instructed by the president
of the republic to answer herewith
your note of November 20, which you
addressed to the Mexican government
on instructions from the, State De-
partment Of the United-States.
You will no doubt realize the fact
that for the no legal foundation prin-
ciple or precedent of international
right, or even Of reason, is invoked in
the demand for the immediate liberia
ton of Mr.. Jenkins, who, as you know,
is at present under the jurisdiction
of a judge of the city of Puebla.
The Mexican government cannot see
what the foundation for such de-
mand might be. 1t believes that 1t
can be only the power Of the country
that makes it, although the United
states has expressed the desire on
various occasions that right and JUS
tice should be the basis Of its
diplomacy, and respect for weak coun-
tries the basis of it's international re-
lations on the continent.
Implies U. 8. Misunderstands Law.
The terms of a note which I am
answering are attributed by my gov
eminent to an imperfect understanding
of our penal laws. The Imprisonment
is neither unjust or arbitrary, as your
note states, since Mr.. jenkins himself
has signed contradictory statements
regarding the kidnapping of which he
was a victim. The judge has Mad am
pie foundation to suppose that he was
guilty of the crime of classifying judi
cial declaration and this has caused
his Imprisonment.
Nevertheless this Imprisonment does
not Of itself signify that Mr.. jenkins
is guilty, because such a fact can only
be established by definitive judgment.
Three Kinds of imprisonment.
Your excellency knows that the
criminal proceedings in Mexico in
wolves three classes OF lmprlsonment:
Preventive, when it Is suspected that
a person has criminal completely In
an act; formal, when against the ac-
cused there is sufficient evidence in
the judgment of the magistrate to
suppose that the accused Is guilty OF
the crime, and ordinary imprisonment,
which involves a definitive sentence
as the penalty provided for the crime
and the guilt of the accused duly
proved. The two first classes of i'm
prisonment are. not legally penalties,
but restrictions to the liberty of the
accused, pending investigation.
The judgment may also declare the
innocence of the accused.
Mr.. Jenkins has undergone pre-
ventive detention. first, and then
formal imprisonment u seventy -l"o
hours.
1t is because of this that he was re-
arrested, and this is a fact that was to
be considered by the government of
the United States as persecution or
series of injuries that are inflicted
unjustly on the consul.
Refused to Seek Bail.
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 refusal to exer-
else this right, notwithstanding that
he 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 him
self 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 to law, under the
jurisdiction of judge whose pro-
ceedings are open, and are constantly
under the vigilance of public opinion
WHICH is interested in learning the
truth of the affair, the Mexican gov
eminent finds itself under the neces-
! Sity Of not being able to accede to