The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1919-11-27
Continued From Page One


has had ample foundation to aJppos.
that he was guilty of the crime Of
fslslfying judicial declarations. and
this caused his imprisonment
Nevertheless. this Imprisonment,
does not OF itaelf signify that Mfr.
Jenkins IL guilty. because such n
fact can only he established BY n
defini,ive Judgment.
Your sxcelitney knows that the
criminal proceedings IN Mexico In,
volvs three classes Of impflaon.
ment: Preventive. when IL IL aus.
poetod that person has criminal
completely In an act. formal. when
against the accused there Il sui.
flcient evidence IN the judgment OF
the magistrate 20 suppose that the
accused II guilty 81 the crime. and
ordinary. imprisonment. which in
wolves definltivc sentence as the
penalty provided for the crime and
the guilt Of the accused duly proved.
The first two glasses Of imprison.
msnt are not legally penalties. but
restrictions 10 the liberty Of the &C.
cused pending investigation. The
Judgment may also declare the NJ.
nocence q the accused.
"Mr jenkins has undergone a
preventive detention. first. and
then a formal imprisonment OF T2
hours II IL because OF this that
he was rearrcHted and this u n fact
that seems 10 be considered hy the
government ~ tho United States as
persecution or series OF injuries
that are inflicted unJusiiy on the
consul.
lie Refuses Bail
In the course Of the trial at any
time. the accused may ask and oh.
tain his liberty on bail The Mexi.
can law e. very liberal about this.
since all that Is necessary is a re-
quest and the production Of the
sum fixed by the Judge. Mr.. Jen-
kins' refusal 20 exercise this right.
Notwithstanding that he was asked
20 do 80 several times. and the fact
that the Judge has fixed for him as
permit him strictly to call himself
tho victim Of injuries which he has
brought upon himself
MIR. jenkins. finding himself
then involved IN q trial that Is being
conducted according TO law. under
the Jurisdiction Of a Judge whose
procc edings are open and are con
stantly under the vigilance OF pub
lie opinion. which IL Interested In
learning the truth OF the affair. the
Mexican government finds Itself I'M
der the necessity Of not being able
to aceedc 10 the demand for liberia
ton contained In the note 10 which
strong reason founded on the rights
of peoples and considerations OF
OF constitutional character.
AS 10 the first rights. the gov
eminent believes no other govern
ment can make diplomatic claims
for one of its subjects abroad. save
In case where justice is denied OF
where the sentence Is VIGOROUSLY
excessive. which Is also I'm 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
cognlzance OF case involving a
foreigner. to pronounce a Judgment
that, as | have said, II Il were no
toriously unjust, would be the only
basis for "A claim.
AS TO the constitutional view
point our political constitution es
tnblishes az a fundamental principle
the separation of the executive pow
or from that OF the judicial and by
virtue OF this, the executive does
not have the power to interfere In
the business Of the latter.
THE executive would thus be lack
ing in the first duty of all govern
ment--a duty that he has always
tried to observc--that of respecting
the laws Of the country and causing
them 90 be respected. Therefore such
line OF conduct, In the opinion OF
the Mexican government, can not un
favorably affect the relations OF