South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-11-28
FEEL CONCERN
OVER CASE OF
YANK CONSUL
Consul General at FL PaSo De-
IiverS Note Which Is
Kept Secret.

CONTINUED FROM PAGE oNE)
imprisonment IS neither unjust or
arbitrary as your note states. since
Mr.. Jenkins himself has signed con
Trajectory statements regarding the
Kidnapping II which he was "A vic
tim. The judge has had ample
foundation 20 suppose that ne was
guilty Of the crime of falsifying Ju-
sicial declaration and this has caus-
ed his imprisonment.
Nevertheless. this Imprisonment
does not Of itself signify that Mr..
Jenkins f. guilty. because such
sact can only he established by
definite judgment
Your excellency knows that the
criminal proceedings i'm Mexico in
wolves three classes Of imprison-
ment:
Preventive. when 80 is suspected
that a person has criminal compile
Fly in an act: formal. when against
fhe accused there IS Sufficient evil
dence in the judgment Of the magis-
trate 10 suppose that the accused
Is guilty Of the crime end Ordi-
nary imprisonment. which involves
definite sentence as the penalty
Tor the crime and the guilt of the
accused duly proved. The two first
classes OF imprisonment are not le-
gally penalties. but restrictions TO
the liberty Of the accused, pending
Investigation. The Judgment may
also declare the innocence of the
accused.
Cause Of Arrest.
Mr. jenkins mas undergone n pre-
ventive detention first and then
formal Imprisonment OF - hours.
II is because OF this that he was
re-arrested and this is fact that
seems 10 be considered by the gov
eminent OF the United States as
persecution or n series of injuries
that are inflicted unjustly on the
consul
In the course Of the trial. at any
time, the accused may ask and oh
tain his liberty on bail The Mex
lean law is very liberal about this,
since all that IS necessary is a re-
quest and the production of the sum
fixed by the Judge. Mr. Jenkins
withstanding that he was asked TO
do so several times and the fact
that the Judge has fixed for him as
bond the sum of 1000 pesos, cannot
permit him strictly to call himself
the victim Of injuries which he has
brought upon himself.
MIR Jenkins finding himself then
involved in trial tha< is being con-
Quoted according to law, Under tn +.
Jurisdiction Of a judge whose pro-
ceedings are open and are constant
" under the vigilance or public
opinion which is interested In learn
ing the truth of the affair the Mex
lean 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 IL has for this
strong reason, founded on the
rights OF peoples and considerations
OF constitutional character
First Rights
As 20 the first rights the govern
ment believes no other govern
ment can make diplomatic claims
for one of its subjects abroad. save
in the case where justice is denied
Of where the sentence is VIGOROUSLY
excessive. which r. also in interna-
tional law n denial of Justice; and
that the practice which has been
invariably observed has been that
of waiting for the tribunals having
CognizanCe of case involving a
foreigner. TO pronounced adjudg-
ment that as I have said. if it were
VIGOROUSLY unjust would be The
only basis for a claim
AS 10 the constitutional viewpoint
our political constitution estab-
fishes as a fundamental principle.
the separation Of the executive
power from hat Of the Judiciary.
and by virtue Of this. the executive
does not have the power TO inter
fere in the business Of the latter.
Guarantees Autonomy.
Likewise the autonomy OF the va
rious staLaS-.S- guaranteed In our
constitution and by virtue of the
federstive structure Of the Mexican
republic. the federal power cannot
intervene I'm affairs which. like that
OF NF. Jenkins. belongs properly and
exclusively 70 the Authorities Of the
state Of Puebla. EQr this reason the
executive could~not order the judge
having jurisdiction of the case 10
free AIr. Jenkins recauSe this latter
funciiQpary could with reason re-
fuse "a obey such am order The
executive would thus be lackinc I'm
the first duty Of all government
duty that he has always tried 90
Observe-thst OF - respecupg the
laws Of the country and causing
them TO be respected
Therefore, such a lire Of conduct
in the opinion ot the Mexican gov
ernmept cannot uuFayora6ly affect
the relations Of friendship which
fortunately exist between it and The
United especially since the
matter is SO simple a one lin when
bv q simple request AIR Jenkins
could be at liberty; Tor never should
there bP cause for friction iQ the
fact that the laws of each are APP
piled equally tU citizens and for
eiguers
suffer FOR Grimes
IL the United states az times