Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-11-28
MINERS DERIDE GARFIELD'S OFFER
BAD FAITH BY GOVERNMENT CLAIMED
ALL PARLEYS OFF, FACTIONS Go HOME
Washington Heads Silent
% Quibbling Refusal Of
Mexico in jenkins Case

q
+ Washington. Nov. 21-Mexico has
replied with an argumentative dip
lumatic refusal 10 the American gov
erumen1's demand for the immediate
release OF William O. Jenkins the
cDHHuiar agent imprisoned at Puebia.
The official note was delivered here
today but moi made public. There is
no reason to doubt that II agrees
with the copy given out last night
by the Mexican consul general al FL
Pas1.
No comment was forthcoming tn
Indicate how the state department
regards the answer 10 what was con-
sidered one of the sharpest warnings
yet sent TO the Mexican government
and neither was there any indica-
ton of what the government next
step would be.
The Mexican reply, which accord
ing 10 its text, was prepared at the
direction Of President Carranza ar
cues in the main that the Mexican
EbRfiIiuiCi1A uoA AAAC
lease of q prisoner while his case Is
under adjudication in the civil courts
Of. one of its states and contends that
the American government demand
for the consular agent release mad
ma foundation or precedent in inter
national law.
Some new angles of the Mexican
win hi+
erao unpublished In the United
Suites are revealed. The. endency of
the Mexican argument is to separate
the Jenkins case into TWO phases:
First, the situation in which the con-
Sniar agent was kidnapped by ban
dts and held for 1ansorn. and last,
his subsequent arrest and imprison-
ment by the civil authorities Of
Puebia on a charge Of hating ''con-
nived" with the bandits. The note
at hand deals with he latter phase
exclusively.
1t points out that Jenkins first was
held under what is known to the
Mexican penal code preventative
imprisonment this provision covers
a situation in which person is sus-
pected of completely in a criminal.
act He subsequently was held under
provision cDre~--ng formal i'm
prisonment 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 ne made conflicting statements
regarding his kidnapping and there
fore was guilty of faisifying Judicial
declaration"
The note says Jenkins has opportunity
TO be released on hail in the sum of 100
pesos, the equivalent TO SEQ in Ameri-
can money if reckpned in coin rather
tfan Mexican bank notes and that Jen-
klns has refused TO avail Of II, although
he has been requested to do so
Recalling that Mexican cunsuis in the
United States have been imprisoned and
that Mexico never has asked the United
States to waive local law in their cases
the note remarks that 1.-THE Mexican
government can mt cpncede To Ameri-
can citizens more rights than Mexicans
enjoy IN the United States
The Mexican note opens with the ,b-
ser-vation that the foundation for the
American governments demand proban-
ly "can only be the power of the coun-
try that makes it, and as the conciu-
sion of lengthy legal argument ex-
presses its hope that the state depar--
ment will withhold its Judgment on the
Jenkins case until the civil courts in
Fuenia nave passed on IT
In the note to Mexico rhe sta,e de-
partment not only demanded the irnme-
date release of Jenkins but warned
Carranza that further rnnlestation IF
the consular agent would bring the re-
lations between the two countries to
precarinus point. AS the sequel to one
kidnapping close after another. Jen-
kins' arrest and Imprisonment by local
Ca-ranza authorities "incensed" this
government as secretarv Lansing's
note expressed II.
whether the government win regard
the jenkins case as climax TO the long
list of unsettled questions with Mexica
is not being indicated in any official
way. Technically consular agent na.
not diplomatic status and immunities.
and unlike n diplomatic agent liz not
beyond local laws
Dtplomatists are Of the opinion that
IN framing Its further action the gov
eminent here will have TO determine
whether the civil prosecution If Jenkins
is a civi prosecution in good faith in
which the consular agent is receiving
a speedy and fair trial with all pres
ervation Of his rights or whether he n
being ''moiested'' by the Car-anxa gov
eminent while legal and technical ~