Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-11-28
CARRANzA ANSWERS
SHARPEST WARNING
Says Consular Agents Case Is
Under Adjudication in
Civil Courts.
DEMAND WITHOUT PRECEDENT
Next Move of State Department
Is Not Yet Determined
Upon.

WASHiNGToN. Nov. 27.--Mcxico has
replied with an atEumcntativc diplo-
matte refusal 10 the American govern
ncnts demand for tho immediate re-
lease Of William o. Jenkins, the con-
sula- agent imprisoned at Puebla.
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 last night by the
Mexican CONSUL general at El Paso.
No comment was forthcoming to in
dicatc how the state Department re-
CARDS the answer to what was consid
cred one OF the sharpcst warnings vet
sent TO Mexico. and neither was there
any indication OF what the govern
ment's next step would be-
ihc Mexican reply, which. according
70 fS tent. was prepared at the dircc-
'ioh OF President CarranEa, argues in
the main that the Mexican government
cannot order the release Of a prisoner
while his case is under adjudication in
;hc civil courts or ono of it's states.
cFnmcntS demand for the consular
agents release had no foundation or
precedent in international law.
New Angles brought out.
some new angles OF the Mexican
viewpoint on the Jenkins case hitherto
revealed. The tendency of the McXi-
can argument Is to separate the Jcn-
SINS case into two phases: first. the
shuation in which the consular agent
Was hidnapcd by bandits and held for
ransom, and. last. his subsequent ar
/ rest and Imprisonment by the civil au-
ih"TltieS OF i'ucbia on L charge OF hav-
, ing 'conniYed' with the bandits. The
! note at hand deals with the latter phase
/ exclusively
II points out that jenkins was frs.
held under what is known to the Mexi-
can penal code as representatives lmpris-
onmcnt." This provision covers "a situa-
tion IN which Il person is suspected of
completely in criminal act. He sub
sequently was held under a provision
covering formal impriSonmcnt which
under the Mexican penal code. applies
when a magistrate believes there is
Esnihclcnt evidence to establish that n
crime has been committed
The allegation against Jenkins is
| that he signed conflicting statements
regarding his kidnapping. and thcreforc
! WAS "snlty OF faisifyins judicial dec
larations.
refuses to Accept Bail.
Thc note says Jenkins has oppor-
iuniiy to be released on bail in the
sum OF 1000 pesos. the equivalent OF
$500 in American money II rcckoncd in
coin rather than Mexican bank notes
ana mat Jenkins has refused to avail
himself OF y. although he has been re-
qucsted 10 do So
Recalling that Mexican consuls in the
united states have been imprisoned.
and that Mexico has never asked the
United states to waive local law in
thcir eases. the note remarks that the
Mexican government cannot conccde to
american citizens more rights than
McNicanS enjoy in the United states"
The Mexican note opens with the
observation that tho foundation for the
American governments demand prob-
ably can only be the power Of the
country that makes It," a nd at the con-
cluSion Of lengthy legal argument
expresses its hope that the state Dc
partment will withhold it, Judgment
on the Jenkins case until the civil
courts in 'uebla have passed on it,
In tho note to Mexico the state De-
partmcnt not only demanded the i'm
mediate release OF Jenkins hut warned
Carranza that further molcstation of
the consular agent would bring the
relations between the two countries to
a prccariouS point. AS the sequel to
one kidnapping close after another Icn-
kins arrest and imprisonment by local
SarranZa authorities ''inccnscd" this
government. as Secretary Lansins's
note expressed it.
Whether the government will regard
The Jenkins case a climax to the
lonG list of unsettled questions with
Mexico is not being indicated i'm any
official way Technically a consular
agent has no diplomatic status and
immuni'ics and. unlike a diploma,ic