Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-12-02
u. S. ARRAIGNS
MEXlC0'S ACTION
IN JENKINS CASE
CONTINUED from Page one)

perfect knowledge Of the Mexican
penal laws and proceeds to explain
with refinement the intricacies OF
Mexican penal proceedings. Bat 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 impartial
treatment Of jenkins. and the Mexican
government knows the absence of
such treatmentc is the reason for the
American request
A Denial Of Justice.
1.-THE Mexican government main.
tains that it cannot grant the request
of the United States for jenkins re-
| lease, for the reason that under inter-
national law no diplomatic interview
ton is appropriate unless a denial of
| justice has occurred and because the
Mexican government is not in a posi-
ton to demand Jenkins release in
view of the separation of the eXecu-
| tive and judicial powers under the
| Mexican form of government and by
| one of which Jenkins is held. The
| succinct answer to this contention is.
as everyone knows, that a denial Of
| justice has already taken place, and
| also because the Mexican constitution
| specifically gives the federal tribunals
| Jurisdiction of all cases concerning
diplomatic agents and consular Of
| ficers
THE United States is not to be
driven by such subtle arguments into
a defense of its request for the release
of Mr. Jenkins. 1t is for Mexico to
| show cause for his detention; not for
| the United States to plead for his
! 1InrottoY CfyifnnH 4f q
matter. with which the Mexican note
of November 26 endeavors to clothe
! it, the naked case of jenkins stands
forth: Jenkins, United States con-
sular agent, accredited to the govern
ment of Mexico. is imprisoned for
| rendering false judicial testimony
| in connection with the abduction of
which he was the victim. This is the
| substance of the Mexican note.
Prosecuting Victim of Crime.
"My government Is pleased to learn
that the Imprisonment of Jenkins
stands on this single and well-defined
ground and that the reported state
ments that Mexican authorities had
| caused the Imprisonment of jenkins
! because of collision with his abduct-
ors and rebellion against the state
are not seriously regarded by your
| government.
I'm whose interest then is the
charge of false swearing brought
against Jenkins? His abductors? He
| is in equity the complainant in the
case of his abduction, not the de-
| PENDANT, as the Mexican government
now makes him out to be- The Mex
lean government is prosecuting the
victim instead of the perpetrators Of
| a -, 11or n
endangered his life and took away {,
large part of Misfortune enjoy their
| freedom, the Mexican authorities noFv
deprive Jenkins of his liberty
Moreover the ground expressed for
the Imprisonment Of jenkins, namely
that he is supposed to be responsible
for the crime of rendering false judi
cial testimony must be taken--and
my government Directs special at
tention to this point--as merely an
| expression of opinion on the part OF
the Mexican government as II Is en-
tirely unsupported by evidence, There
is not produced any of the testimony
RENDERED by him, or any extracts fror1
such testimony tending to show the
correctness of this opinion
Statement Is Not Valid.
'oThe Mexican government cannot
expect the United States to accept in
the grave circumstances of this case
such bare UNSUPPORTED statement
as a valid excuse for the imprison-
cent of an American consular officer
uarticularv in view OF the fact thai
the Investigation Of tie case bv tllt
representatives, Of the United %tate'
in Mexico 50 far as 1t has received
fails utterly TO support this opinion Of