Bisbee daily review., 1919-11-28
NEXT S I EP -OF GOVERNMENT
 IS NOT YET
 DECIDED
Carranza Argues Mexico Cannot Release Prisoner Who Is Being Tried by
 State Authorities

WASHINGTON, Nov 27.- Mexico has replied with an argumentative diplomatic refusal to the American governments demand for the immed- fate release of Wm. O. Jenkins, the consular agent imprisoned at Puebla.
 The official note was delivered to- day but not made public. There is no reason to doubt that it agrees with the copy given out last night by the Mexican consul general at Fl Paso.
 No comment was forthcoming to in- dicate how the state department re- gards the answer to what was con- sidered one of the sharpest warnings yet sent to Mexico and neither was there any indication of what the gov ernment's next step would be.
 The Mexican reply. which accord ing to it's text was prepared at the di- rection of President Carranza, argues in the main that the Mexican govern ment cannot order the release of a prisoner while his case is under ad- judication in the civil courts of one of it's states and contends that the American governments demand for the consular agents release had no foundation or precent in information al law
 Some new explanations of the Mex ican vieV point on the Jenkins case, hitherto unpublished in the United States, are revealed. The tendency of the Mexican argument is to separate the Jenkins case into two phases: First, the situation in which the con sular agent was kidnapped by ban dits and held for ransom, and last, his subsequent arrest and imprfson- ment by the civil authorities of Pu- ebla on charge of having "connived" with the bandits. The note at hand deals with the latter case exclusively.
 It points out that Jenkins was first held under what is known to the Mex ican penal code as preventative i'm prisonment" This provision covers a situation in which a person is sus- pected of complicity in a criminal act He subsequently, was held un- der a provision covering formal i'm provement" which under the Mexican penal code applies when a magistrate believes there is sufficient evidence to establish that a crime has been committed. The allegation against Jenkins is that he signed conflicting statements regarding his Kidnapping and therefore was guilty of falsify- ing judicial declaration" The note says Jenkins has opportunity to be released on bail in the sum of 1000 pesos. the equivalent to $500 in Amer ican money. if reckoned in coin rath- CT than Mexican 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 impris- oned and that Mexico has never asked the United States to waive To- cal law in their cases. the note re- marks that "the Mexican government cannot concede to American citizens more rights than Mexicans enjoy in the United States"
 The Mexican note opens with the observation that the foundation for the American governments demand probably "can only be the power of the country that makes it." and at the conclusion of lengthy argument expresses it's hope that the state de- partment will withhold it's judgment on the Jenkins case until the civil courts in Puebla have passed on it
 In the note to Mexico the state department not only demanded the immediate release of Jenkins but warned arranza that further moles- tation of the consular agent would bring relations between the two