The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-28
Contends Consular Agent Can
not Be Released While Case
Is Pending in Courts -
Course Of American Gov
eminent Not Determined

WASHINGTON. Nov. 2I--McXico has
replied with an argumentativc diplomat
ic refusal to the American governments
demand for the immediate release OF
William .. Jenkins the cons llar agent
lmpriSon'd At ru"hla.
The official note was delivered here
today but not made public. There is no
reason to doubt that it agrees with the
copy given out last night by the MeNi-
can consul at FL Paso.
No comment was forthcoming 10 IN
d.cate how the state department regards
The answer to what was considered one
II tho snarpcSt warnings yet sent 10
Mexico. and neither was there any lndl-
cation pf what the government next
step would be.
The Mexican reply. which. according
20 ttS text. was prepared at the diTCc-
ton OF President Carranza. argues IN III"
main that the Mexican government cam
not order the prisanc- released while his
case Is under adjudication in tn" civil
courts OF one OF It's states. nnd GuhtendS
that the American government demand
FOR the consular agents r"l"as" had II"
ioundat ton or precedent in International
law.
- some New AagIr=. y ..s.a.,...-
Some new angles OF the Mexican
viewpoint on the Jenkins case. hitherto
unpublished in the United states. arc re-
vealcd. The tendency OF The Mexican
argument il IL separate The Jenkins
case into two phases: first. the situation
IN which tho consular WA; kidnapped
by bandits and held for ransom, and last
his subsequent arrest ana Imprisonment
by the civil authorities - l',I"hla IN Il
charge OF having "conniN"d with lhS
bandits. Tn" not" at hand deals with
tho latter rhdsc exclusively.
II points out thar Jenkins WAS hold
under what is known 10 tho Mexican
penal code az preventative iWprlSon-
ment. This provision covers = $itua-
ton in which person is suspected IT
completely in criminal act. he sub
sequently was held under provision
covering formal Improvement. hen
under the Mexican penal code. "prlirs
when a magistrate believes there IL Suf-
ficirnt evidence to establish that 4 crime
has been committed.
The Accusation.
The accusation aSa:nHt Jrn& is that
he signed conflicting statements re-
Eardins his kidnapping and therefore
was guilty or falSitying judicial decia-
ration.
The note says Jcnkikns had oppor-
unity 10 be released on bail in the sum
~ 1.n00 pesos. the equivalent to nve
hundred dollars in American money II
rcckoncd in coin rather than Mexican
bank notes. and that Jenkins has re-
fused to avail himself OF it although he
has been requested to do ~.
Recalling that Mexican conSulS IN the
United states have been imprisoned and
that Mexico has never asked the United
States 70 waive local law in their cases
tie not, remarks that the Mexican gov
crnment cannot Concode " American
citizens more rights than MeNicanS en-
ioy in the United States.
The Mexican note '.p"ES with tho OBJ
-;eryation that the foundation for the
american gov, rnmentS demand prob
ABLY "can Only be the power of the coun-
try that makes it," md as the cOnclu-
sion of a lengthy legal argument en-
presses it's hcpc thar the state depart
fsen. will withhold it's Judgment on
the Jenkins case until tn" civil courts in
P,.cbIa have passed on II.
Tho Mote 70 Mexico.
In the note to Mexico tho state depart
rnent not only demanded the imIn cdiate
release Of Jenkins but warned CarranZa
,f,t further molestation Of the consular
agent would bring the relations between