The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1919-11-28
No Comment is Made
On Refusal to Liber-
ate Jenkins
ANSWER IS RECEIVED
Text of Note Is Formally
Delivered to Washing
ton Officials.
NEW ANGLE DEVELOPED
Must Determine Whether
Civil Prosecution Is in
Good Faith.
NEW ANGLE DEVELOPED

WASHINGTON. Nov. 27.-Mexico
has replied with an argumentativc
diplomatic refusal TO the American
royernments demand for the imme
dIate release OF William O. Jenkins,
the consular agent Imprisoned at
Pueba
The official note was delivered
here today but not made public.
There is no reason to doubt that II
agrees with the copy given out las:
night by the Mexican consul general
at FL Paso.
no comment was forthcoming TO
Indicate how the state department
regards the answer to what was con-
sdered one Of the shorpcst warnings
yet sent TO Mexico. and neither was
there any indication OF what the
go'ernments next step would be.
The Mexican reply. which. accord
Ing to its text was prepared Mt the
direction Of President Carranza, ar
gues In the main that the Mexican
government 'aunot order the release
ola prisoner wn!l, his case Is indrr
Adjudication II IN, c.vil courts Of
one OF It's states. and contends that
The American governments demand
for the consular agents release had
no foundation or precedent in the
International law.
New Angles Opened.
Some new angles OF the Mexican
viewpoint on the Jenkins case, hith-
.rto unpublished in the United States
are revealed. The tendency OF the
Mexican argument is TO separate the
jenkins ease into two phases: first
the situation In which the consular
agent was kidnapped by bandits and
held for ransom and last, his sub.
seqaent arrest and Imprisonment by
the civil authorities Of Pucbla on
charge OF havIng. 1seonnived' with
the bandits
after ca& exclusively. II points out
that jenkins was first held under
what is known tw the Mexican penal
code as preventive imprisonment"
TINS provision vovers a situation In
which person Is suspected OF com
pliclty In criminal act He subse-
Qlently was held under provision
covering formal" imprisonment.
which under the Mexican penal code
apples when maGtStrate believes
mere Is sufficient evidence to estab-
.Hh ihai "a crime has been commit
Ihe allegation against jenkins Is
mat he signed conflicting statements
regarding his kidnapping and there
.oIe was "guiliy OF falsitying judicial
declare ton"
Refuses Privilege.
The note says Jcnkins has oppor-
Nh!y to be released on bail n tEe
sun OF 1000 pesos. the equivalent to
'Vv IN American money, II rock
yned In coin rather than Mexican
Vdhkhotes and that jenkins has re-
,lSd TO avail himself OF It although
w mas been requested TO do so.
Htcalilng that Mexican consuls in
ne united States have been impIis-
ohed and that Mexico has never
Saed The United States TO waive To-
Nl aw In their cases. the note re-
mNSs that tho Mexican government
-ahhoi conccde 20 American citizens
m"e rights than MeNicans enjoy In
"s United states
me Mexican note opens with the
yu%tvaiion that the foundation fer
s American governments demand
ro~o'y Can only be the Do yar Of
e country thar makes IT," and as
- conclusion OF "A long legal argu-
.'h' expresses It's hope tnat She
lt department will withhold its
aisment on the Jenkins case unbl
,,,,.' g,'u courts in Pueblo have
Release Demand
IN the. note TO Mexico the state
p~'men, not only demanlad the
.nediato release u jenkins hut
,uned Carranza that fur'hcr mulcs-
Ion of tho consular agent would
ing NE relations between the Two
~. To- prccsrious point. As
"Qltl 60 one kldnapiny close
w another, JcnSi1s' arrest spd
ssipN'Nohu"rr ssiN 10y local Carrlnza
llo'liioS 'incensed" this govern
coNliSlED oS FACE FOURTEEN