Great Falls daily tribune., 1919-11-28

instructions from the state department
Of the United States
''You will no doubt realize that the
fact no legal foundation, principle or
precedent of international right, or ever
reason, is invoked in the demand for the
immediate liberation of Mr. Jenkins
who, as you know, is at present under
the jurisdiction Of judge Of the city
of Puebla.
Might Used as Right.
THE Mexican government cannot see
what the foundation for such n demand
might be. 1t believes that it can be only
the power of the country that makes it,
although the United States has express
ed the desire on various occasions that
right and justice should be the basis Of
its diplomacy, and respect for weak
countries the basis of its international
relations on the continent.
THE terms Of note which | am
answering are attributed BY my govern
ment to an imperfect understanding Of
our penal laws. The imprisonment is
neither unjust nor arbitrary as your
note states, since Mr.. jenkins himself
has signed contradictory statements re-
garding the kidnapping Of which he was a
victim. The judge has had ample founda-
tion to suppose that he was guilty Of the
crime OF falsifying judicial declaration
and this has caused his Imprisonment.
Doesn't Imply Hes Guilty.
Nevertheless, this Imprisonment does
not of itself signify that Mr.. jenkins ls
guilty. because such a fact can only be
established By definitive judgment.
Your excellency knows that the Grim
inal proceeding In Mexico involve three
classes Of Imprisonment; preventative,
when it is suspected that person has
criminal completely In an act; formal.
when against the accused there is good
indicative evidence in the judgment OF the
magistrate to suppose that the accused
is guilty Of the crime, and ordinary i'm
prisonment, which involves definite
sentence as the penalty provided for the
crime and the guilt of the accused duly
proved The two first classes OF inn
plisoranent are not legally penalties. but
restrictions 10 the liberty Of the &C
cused pending investigation. The Judge
may also declare the innocence of the
accused
Preventative Detention.
"Mr Jenkins has undergone a pre-
yentatiye detention, first, and then a
formal imprisonment Of Y hours 1t
is because Of this that he was re-arrest-
ed, and this is a fact that seems to be
considered BY the government Of the
| United States as persecution, or series
of injuries that are inflicted unjustly on
the consul.
"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 nee
essary il a request and the production Of
the sum fiyed by the judge. Mr.. Jenkins
refusal to exercise this right, notwith-
standing that he WIS asked to do so
several times, and the fact that the
judge has fixed for bin as bond the
sum of ! 900 pesos cannot permit him
strictly to call himself the victim Of in
Justice which he has brought upon him
self.
Unable to Accede.
"Mr. jenkins, finding himself. then,
involved in trial that is being conducted
according to law, under the jurisdiction
of Judge whose proceedings are open
ana are constantly, under the vigilance Of
public opinion which is interested in
learning the truth Of the affair, the
Mexican government finds itself under
the necessity of not being able to accede
to the demand for liberation contained
in the note to which | am replying, and
ii has for this strong reasons founded on
the rights OF peoples and considerations
OF constitutional character.
''As to the first rights, the government
believes no other government can make
diplomatic amends for one of it's sub
iects abroad. save in the case where jus
tice is denied, or where the sentence is
nctoriously excessive, which is also in
international law denial of justice,
and that the practice which has been in
variably observed has been that Of wait
ing for the tribunals having cognizance
of a case involving IA foreigner to pro-
nounce judgment that. as | have said,
If it were notoriously unjust, would be
the only basis for a claim
Judicial Power Separate
AS to the constitutional viewpoint.
our political constitution establishes as
fundamental principle the separation
Of the executive power from that of the
judicial, and by virtue of this the execu-
tive does not have the power to inter-
fere IN the business of the latter"
As Influenza.
is an exaggerated form of Grip. LAXA-
TIVE BROMO QUININE Tablets should
be taken in larger doses than il pres-