Evening star., 1919-12-01
us. NOTE ARRAICNS
MEXICO; INSISTS ON
JENKINS RELEASE
Mr.. Lansing Declines to Be
Drawn Into Discussion of
''IrreIevant Matters"
"MUST SHOW CAUSE" FOR
CONSULAR AGENT ARREST

CONSULAR AGENT ARREST
The Mexican Government He
Charges. rs Prosecuting Victim,
Not Perpetrators of Crime
by Tie Associated Press.
Ell PASO, Tex, December 1.-An
unverified report was current here
today that William o. jenkins,
American consular agent at Puebla,
Mex. had been liberated from jail.
Andres &. Garcia, consul general
for Mexico here. said he had heard
the report, but no verification of
the rumOr had been received.
Dipiomatically expressing the COM
plete disbelief of the United States
government in the varied excuses
given by Mexico for arrest and de-
tention in Jail of Consular Agent Jen-
kins, Secretary Lansing. in his note
replying to President Carranza's last
communication, declares that this
government declines to be draw,
into 4 judicial discussion of irrele-
want or unimportant matters.
The request for the immediate re-
lease of Consular Agent Jenkins, tho
note said. lis founded on right anL
JUSTICE
Puts Burden GA Mexico.
This government is not t9 be driver
by subtle arguments into a defense
OF its request. the note said. 1t is TO:
Mexico TO show cause for the detention
OF Jenkins, not for the United States tc
CHI f,Y. hic 1ihe Tinn
The note arraigned the conduct OF
the Mexican government in severe
terms, characteriZing it as studied
attempt to ensnare the American con-
sular agent in the intricacies of Mex
lean penal procedure.
Jenkins was imprisoned for render
ing false judicial testimony in con
nection with the abduction of which
he was the victim. said the note. III
whose interest is the charge of false
swearing brounght against Jenkins"
asks the rotc. His abductors. The
Mexican government is prosecuting
the victim instead Of the perpetrators
of the crime
The reply of the American govern
ment to the Mexican note follows II
full: 49,
Mexico Gets L. $. Note.
THE Secretary of State has ad-
dressed Il note to the Mexican gov
ernment. through the American
charge at Mexico City. renewing the
request Of the government of the
United States for the immediate re-
lease of William o. Jenkins. the
consular agent at Puebla
Mexico, who was kidnapped at Puebla
released on payment OF
ransom and then arrested by the
Mexican authorities at Phebla- The
note is an answer to that of last
Wednesday from the Mexican foreign
office 1t is dated November 29., and
undoubtedly was delivered this morn
ing.
THE note directs the American
charge daffaires, Mr.. Summerlin, to
the following at once
to the Mexican government:
Il have not failed to transmit to
my government the note of the Mexi-
can government dated November &c
1919, with reference to the case. OF
William o. Jenkins American consE
lar agent at Puebla, and I am now III
receipt of a reply from the govern
ment of the United States, which ]
am instructed immediate tely to trans.
nit to you.
THE governent of the United States
declines to be drawn into a juridical
discussion of irrelevant mate erS or
unimportant incidents brought for
ward in connection with this case
The Mexican government cannot be
misled. as it intimates. by the citation
by the United States of mo principle
or precedent of International law. and
not even a reason" for jenkins re-
lease; for obviously 10 such citation
is necessary for the enlightenment OF
government of the present day.
The Mexican government believes
and rightly SO. that the American re-
e.. Ia.
based onN"solely the strength Of the
country which makes it,; for it
knows the request is founded on the
justice of the right of an American
citizen and United States consular Of
hcer to fair treatment while residing
and discharging his duties within,
Mexican jurisdiction with the knowl-
government.
Arguments Called "Excuses.,
The Mexican government may con-
tend that the Imprisonment of the
victim is necessary for the investi-
slant vigilance of public opinion" OF
the truth regarding his abduction, and
that Il right of release on bail is q
palliative for such wrongful impAis-
onment, but the United States is con-
strained to the opinion that such ar
gumentS are mere excuses. The gov
ernment of the United States invites
and desires the fullest possible exam
ination and investigation Of this case
but it cannot admit that it is neces.
sary in order to ascertain the facts
that Mr.. Jenkins should be retaine ed
in prison even with the privilege OF
applying for bail. My government
will not, and is satisfied that Mr.
Jenkins will not. place any obstacle
11yn nf q at nd MI
examination of himself or his wit.
nesses, or Of the events leading up tc
and connected with his abduction. The
Mexican government prefers to at.
tribute the American note to an i'm
perfect knowledge of the Mexican
penal laws and proceeds to explain
with refinement the intricacies OF
Mexican penal proceedings, But the
government of the United States fails
to discern in their application to this
case at the hands of Mexican authori.
ties any approximation to impartia
treatment of Jenkins, and the MeXi.
can government knows the absence OF
sucb treatment is the reason for the
American request.
"rhe Mexican government maintains
that it cannot grant the request OF
the United States for jenkins release
for the reason that under Information.
al law no diplomatic Intervention il
appropriate uHiesS oeHidl OF justice
has occurred and because the Mexican
government is not in a position to de.
mand Jenkins release, in view Of the
separation of the executive and ju.
dicial powers under the Mexican form
Of government and the independence
of the state courts. by one Of which
jenkins is seld. The succinct answer
to this contention is. as every one
knows, that a denial of justice has
already taken place. and also because
the Mexican constitution specifcaIly
gives the federal tribunals jurisdic.
fion of all cases concerning diplo-
matte agents and consular officers