Norwich bulletin., 1919-11-28


 Washington, Nov. 27-Mexico has re- piled with an argumentative diplomat ic refusal to the American govern ments demand for the immediate re- lease of William o. Jenkins, the con sular agent imprisoned at Puebla.
 The official note was delivered here today 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 ernnent's next step would be. The Mexican reply, which according to it's text, was Epreparei at the diree- ition of President Carranza, argues in the main that the Mexican govern ment cannot order the release of {; prisoner while his case is under ad- !! judication in the civil courts of one of its states and contends that the Am erican governments demand for the ! consular agents release had no founda- tion or precedent in international law. ! Some new angles of the Mexican viewpoint on the Jenkins case, hither- | to unpublished in the United States are revealed. The tendency of the ! Mexican argument is to separate the Jenkins case into two phases: first the l situation in which the consular agent
 was kidnapped by bandits and helI for ransom and last his subsequent i arrest and imprisonment by the civil
 authorities of Puebla on charge of 1 having "connived" with the bands The note at hand deals with the latter lpnase exclusively.
 l It points out that Jenkins was first held under what is known to the Mexi- can penal code as preventive impris-
 onment', This psoe ision covers a sit i uatien in which a person is suspected
 of complicity in a criminal act. He
 subsequently was held under a provi-
 sion covering fsformalr Imprisonment
 winch under the Mexican penal codC applies swhen 2 magistrate believe, lthere is sufficient sesidenee to. estab fish that J crime has been committed fl The allegation against Jenkins i II that he. signed conflicting statement , regarding hts kidnapping and there : fore was guilty of falsifying judicia
 declaration
 The note says Jenkins has oppor
 tunity to be released on bail in the sun of one thousand pesos, the equivalen l to five hundred dollars in Americal money if rec1oned in coin rather thai Mexican bank notes, and that Jenkin
 has refused to avail himself of it al
 thought he has been requested to q, l so.
 Recalling that Mexican consuls il the United States have been imprison : ed and that Mexico has never aske, the United States to waive local lav in their cases, the note remarks tha E he Mexican government cannot con cede to American citizens more right , than MeXicans enjoy in the Unite , States"
 Ii The Mexican note opens with the ob servation that the foundation for tn American governments demand prob
 ably can only be the power of tn
 country that makes it. and as the con clusion of lengthy legal argumen r expresses its hope that the state de ' apartment will withhold its judgmen ! on the Jenkins case until |the civ I courts in Puebla have passed on it.
 In the note, to Mexico the state de
 apartment not only demanded the i'm ] mediate release of Jenkins but warne e Carranza that further molestation ( v the consular agent would bring tn X relations between the two countrie r to a precarious point. As the sequt n to one Kidnapping close after anothe
 Jenkins arrest and Imprisonment b
 local Carranza authorities ''incensed . this government, as Secretary Lans n ing's note expressed it.
 t Whether the government will regar = the Jenkins case as climax to- th = long list of unsettled questions wit t Mexico is2not being indicated in an
 toffieial way. Technically, consula
 agent has not diplomatic status an
 immunities, and unlike a diplomat s agent is not beyond local laws.
 Diplomatists are of. the opinion tn; 9 in framing it's further action the gov ;. ernment here will have to determiI if whether the civil prosecution of Jef s, kins is a cfsil prosecution in good fait 1t in which the con ;ular agent is recei7 $ ing speedy and fair trial with all prt d iservation Of his rights, or wnethher l e is being 'molested' by the Carrani 0 government while legal and technic 1T arguments are being advanced to jus
 fly the procedure.
 n