The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-11-28
j. S. FIRM
AND READY
+ FOR ACTION

WASHINGTON, Nov. 2a-Althouoh
further Investigation Of facts will be !
made, the American government has no
infentior' OF reeeding from its position
" tne jenkins case, administration Of
iieiais declared today. The government,
they said, is prepared for 1.-THE next
step which may take the form of an
ultlmatum to the Mexican government.
The Mexican reply to the American
demand for the immediate release of
Jenkins raises a new issue that Jen.
klns made contradictory statements to
the trial judge and this, officials said,
must be Investigated. Instructions will
GO. forward to the embassy at Mexico
CITY today to Investigate this charge
and also obtain copies Of the Indictment
ard charges against the consular agent.
Administration officials said that the
negotiations with Mexico would not be
prolonged If unsatisfactory; that the
American government had decided upon
a course Of action and was prepared 10
carry 1t out should that become neces-
sary. -
Legal officers of the state department
today were studying article 104, para
graph 6, of the new Mexican constitu-
! ton, which provides that "the federal
tribunals shall have jurisdiction over
all cases concerning diplomatic
agents and consular officers
Il The Mexican government, in its re-
ply to the American note demanding
IN dShhHs feleHSe, SdtQ MS case WAS Ill
"A the state courts at Puebla and that
W consequently the federal government
III could not intervene. Since jenkins is
Ia consular agent of the United States
Sofftcials are inclined to the opinion that
nnder the Mexican constitution the
state courts have no jurisdiction in his
Ease
M While officials have not yet seriously
n eonsidered the question OF jenkins re-
lease on bail, they said there might be
advantages technically in his refusing
n accept bail. IN its reply the Mexican
government pointed out that Jenkins
pould obtain his liberty by furnishing
&i1e 1000 pesos bail demanded.
W While withholding the original note
a 10 Mexico, sthe state department today
made public the Mexican reply, 1t does
not differ substantially from the text
made public at FL Paso by Mexican
Consul General Garcia
The official Mexican note was de-
~ liyeFed here yesterday, but not made
public There Is no reason TO doubt
that il agrees with the copy given out
IN by the Mexican consul-general sat El
Pasu
The Mexican reply, which, according
" to its text, was prepared at the direc-
& tion of President 'Carranza, argues that
The Mexican government cannot order
n the release of prisoner when his case
Is under adjudication in the civil courts
Y ~ one of its states, and contends that
"A he American governments demand Tor
the consular agents release had no
foundation or precedent in international
lew.
New Angles Given.
Some new angles of the Mexican
viewpoint on the jenkins case hitherto
tinrubHshed in the United States are
revealed. The tendency Of the Mexican
argument is to separate the jenkins
ease into two phases: First, the situa-
tion in which the consular agent was
kidnaped by bandits and held for ran
som and last, his subsequent arrest and
3 Imprisonment by the civil authorities
of Puebla on a charge Of having con
nived" with the bandits. The note at
hand deals with the latter phase ex-
clusfvely. 1t points out that jenkins
was first held under what is known to
imprisonment ,,...-.,-
This provision covers a situation in
which a person is suspected OF compile
ity in a criminal act, He subsequently
"foru,al" Imprisonment which under
the Mexican penal code applies when 4
magistrate believes there is sufficient
evidence to establish that crime has
bean committed.
The allegation against jenkins Is ina
he signed conflicting statements regard
ing his kidnapping and therefore was
guilty of falsfying judicial declara- :
tiSr"
The note says Jenkins has opportuni,
tv to be released on bail in the sum OF
600 pesos, the equivalent to $500 in
American moneN IL reckoned in coin
rather than Mexican bank notes and
that Jenkins has refused to avail him
self of It, although he has been request
ed to do SO.
Recalling that Mexican censuls in the
United States have been Imprisoned
and that Mexico has never asked the
United States to waive local law In thelr
cases. the note remarks that the Mex
lean government cannot concede to
American citizens more rights than
Mexicans enjoy in the United States.