Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1919-11-28
MEXICAN Note
FAILS TO DEAL
With KIDNAPPING
Jenkins Subsequent Arrest and
Imprisonment by Civil Au-
thOrities Discussed.
POSITION OF THE
i. S. NOT INDICATED
Mexicans Take Position That Gov
eminent Can't Order Release of
of Prisoner Held by State
Court.

Washington, Nov. 27.-Mexico has
replied with an argumentative diplo-
matte refusal to the American gov
ernment's demand for the immediate
release of William o. Jenkins, the
consular agent imprisoned at Pue-
bla.
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 Mexican consul gener-
al at Ell Paso.
No comment was Forthcoming to
indicate how the state department
regards the answer to what was con-
sidered one of the sharpest warnings
yet sent to Mexico, and neither was
there any indication of what the
governments next step would be.
The Mexican reply, which accord
ing to its text, was prepared at the
direction of President Carranza,
argues in the main that the Mexi-
can government cannot order the re-
lease of prisoner while his case is
under adjudication in the civil courts
Of one of it's states, and contends
that the American covenants de-
mand for the consular agents re-
lease had no foundation or precedent
in international law.
Some new angles of the Mexican
viewpoint on the Jenkins case, hith-
erto unpublished in the United
States, are revealed. The tendency
of the Mexican argument is to sep
arate the Jenkins case into two
phases: First, the situation in
which the consular agent was kid
naped by bandits and held for ram
som, and last, his subsequent arrest
and Imprisonment by the civil au-
thorities of Puebla on charge of
having "connived" with the bandits.
The note at hand deals with the
latter phase exclusively. 1t points
der what is known to the Mexican
penal code as preventive imprison-
ment." This provision covers a
situation in which person is sus-
pected of completely in criminal
act. He subsequently was held I'M
der provision covering "formal"
imprisonment, which under the
Mexican penal code applies when a
magistrate believes there is suffi-
cient evidence to establish that a
crime has been committed.
The allegation against Jenkins is
that he signed conflicting statements
regarding his kidnapping and there
fore was equity of classifying jul
dicial declaration"
| The note says Jenkins has oppor-
tunity to be released on bail in the
sum of one thousand pesos, the
equivalent to five hundred dollars in
American money. if reckoned in coin
rather than Mexican bank notes and
that Jenkins has refused to avail
himself Of it. although he has been
requested to do so.
Recalling that Mexican consuls in
the United States have been impris-
oned and that Mexico has never ask
ed the United States to waive local
law in their cases, the note remarks
that "the Mexican government can
not concede to American citizens
more rights than Mexicans enjoy in
the United States"
The Mexican note opens with the
observation that the foundation for
the American governments demand
probably "can only be the power of
the country that makes it," and as
the conclusion of long legal argu-
nent expresses it's hope that the
state department will withhold it's
Judgment on the Jenkins case until
the civil courts in Puebla have pass
ed on it.
In the note to Mexico, the state
department mot only demanded the
immediate release of jenkins, but
warned Carranza that further mo-
lestation of the consular agent would
bring the relations between the two
countries to a precarious point. As
the sequel to one kidnapping close
after another. Jenkins arrest and
imprisonment by local Carranza au-
thorities. "incensed" this govern
ment as Secretary Lansing's note ex-
pressed it.
Whether the government will re-
gard the Jenkins case as climax to
the long list of unsettled questions
with Mexico is not being indicated in
any official way.
no Diplomatic status and immunities
Technically. a consular agent has
and unlike diplomatic agent, is not
bevond local laws.
RlplOIHdIiSCS are OI Cne OPINION
that in framing it's further action
the government here will have to de-
termine whether the civil prosecution
Of Jenkins is civil prosecution in
good faith, in which the consular
agent is receiving speedy and fair
trial with all preservation Of his
rights. or whether he is being emo.
Tested" hy the Carranza government
! while legal and technical ARGUMENTS
aro hoiu0 odvonnod ~ ;,,ot;<x, A.