Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-11-28
NEXT STEP IN
JENKINS CASE
IS UNDECIDED
Diplomats Believe Investiga-
ton of Kind of ProSecu-
ton Is Necessary

are of the opinion that in framing
its further action in the William o.
jenkins case the government here
will have to determine whether the
civil prosecution of jenkins is a
civil prosecution in good faith in
which the consular agent is receiv-
ing speedy and fair trial with ali
preservation of his rights or whether
he is being 'molested" by the Car
rama government while legal and
technical arguments. are being ad-
vanced to justify the procedure.
Mexico replied with an argumenta-
tive diplomatic refusal to the Amer
lean demand for the immediate re-
lease of the consular agent impris-
oned at Puebla.
The official note was delivered
here but not made public. There is
no reason to doubt that 1t agrees
with the copy given out last night
by the Mexican consul general at Ell
Paso.
No OfIlcial Comment
ANS SOtALiShb "uo SAbhS0ihiD6 W
indicate how the State Department
regards 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
governments next step would be.
The Mexican reply. which accord
ing to its text was prepared at the
direction of President Carranza,
argues In the main that the Mexican
government cannot order the re-
lease of a prisoner while his case Is
under adjudication in the civil courts
of one of its states and contends
that the American governments de-
mand for the consular agents re-
lease had no foundation or prece-
dent in international law.
Some new angles OF the Mexican
| viewpoint on the Jenkins case, hith-
erto unpublished in the United
States, are revealed. The tendency
OF the Mexican argument Is to sep
arate the Jenkins case into two
phases: First, the situation in which
the consular agent was kidnapped
by bandits and held for ransom, and
last, his subsequent arrest and i'm
of Puebla on. a charge of having
''connived" with the bandits. The
note at hand deals with the latter
phase exclusively.
1t points out that Jenkins was first
I q vI,NA L., =. -
Mexican penal code as preventive
imprisonment" This provision COW
ers situation in which a person
, is suspected of completely in a GRIM
inal act. He subsequently was held
under provision covering formal
Imprisonment, 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 state
ments regarding his kidnapping and
therefore was guilty of falsifying
judicial declaration"
Can Be Released on Bail
The note says Jenkins has oppor-
tunity to be released on bail in the
sum of one thousand pesos, the
equivalent to five hundred dollars in
/ American money il reckoned in coin
rather 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 10.
cal law in their cases, the note re-
marks that "the Mexican govern
ment 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 as
the conclusion of a lengthy legal
! argument expresses its hope that the
State Department will withhold its
| judgment on the Jenkins case until
J 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 Carranza that further moles-
| tation of the consular agent would
| bring the relations between the two
| countries to a precarious point. AS
| the sequel to one lnaping close
| after another. Jen y : arrest and
/ Imprisonment by local Carranza au-
Il thorities "incensed this governme ent
as Secretary Lansing's not expressed
i it.