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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 2, 1919)
9 THE . MORNING OREOONIAN, TUESDAY, DECEMBER 2, 1919, U.S. CHIZA'S PLEA Mexico Is Bluntly Told to Free . Consul Jenkins. LANSING SEES PORTER Uonse Foreign Affairs Head - Says State Department "Means Busi ness" He Is in Accord, WASHINGTON, Dec. 1. The gov ernment's note to Mexico, made public today at the hour of its delivery in Mexico City, renews the request for the immediate release of William O. Jenkins, American consular agent im prisoned at Puebla, and bluntly charges Carranza with attempting- to becloud the issue. In the sharpest tan: uage yet ad dressed to the Carranza government, and probably more pointed than one government usually addresses to an other in a formal diplomatic com munication, the United States says it regards Mexico's plea of judicial rea sons for not releasing Jenkins as "mere excuses," and gives notice that It will not be drawn away from the main facts and into a discussion of "irrelevant and unimportant matters." The attitude of the Carranza gov ernment in the matter, the note says, has been to "assume a willful indif ference to the feelings of the Ameri can people" and the conclusion drawn by the government is that Mexico has sought to divert the attention of the American people, and the Mexican people as ell, from the fact that l'uebla, second largest city in Mexico, is overrun by bandits, - hile the civil authorities are negligent. Future Course Unstated. No ultimatum was served and no time was given in which this gov ernment expects Jenkins to be re- MEXICO IS TOLD TO RELEASE JENKINS U. S. WONT ARGUE Immediate Application of Laws Covering Consular Rights Is Required. Case Held Legal Snare. w ASHINGTON. Dec. 1. Renewing its quest for the immediate re lease, of Consular Agent Jen kins,- imprisoned at Puebla, the latest American note to Mexico, made public here today, arraigns the Mexican gov ernment's conduct in severe terms and characterizes it as a stupid attempt to ensnare the American consular agent in the intricacies of legal pro ceedings. , No ultimatum was served and no indication was given of what the American government's course would be if Jenkins is not Immediately re leased. The text of the .note as transmitted by the American charge at . Mexico City follows: "I have not failed to transmit to my government the note of the Mex ican government dated November 26, 1919, with reference to the case of William O. Jenkins, American con sular agent at Puebla, and I am now in receipt of a reply from the gov ernment of the United States which I am instructed immediately to trans mit to you. - "The government of the United States declines to be drawn into a judicial discussion of irrelevant mat ters or unimportant Incidents brought forward in connection with this case. The Mexican government cannot be misled, as it intimates by the citation by the United States, of 'no principle or precedent of international law and not even a reason' for Jenkins' re lease, for obviously no such citation is necessary for the enlightenment of the government of the pressnt day. "The Mexican government believes, and rightly so, that the American re quest for Jenkins' release ie not based 'solely on the strength of the coun try which makes if; for it knows the request is founded on the justice of the right of an American citizen and United States consular agent to fair treatment while residing and dis charging his duties within Mexican jurisdiction with the approval and knowledge of the Mexican govern ment. "The Mexican government may con tend that the imprisonment of the victim is necessary for the investi gation by a Judge under the "con- leased, and neither was there any statement in the note as to what the 8tant vigilance of public opinion,' of the truth regarding his abduction and that a right of release on bail is a palliative for such wrongful impris- nment, but. the United States is con- trained to the opinion that such ar guments are mere excuses. course of the American government would be if the renewed request for his release is denied. After a conference with Secretary Lansing late today Chairman Porter of the house foreign affairs commit tee, expressed the opinion that "the state department means business this time." Chairman Porter indicated that he was in accord with the gov ernment's present policy in dealing with the Mexican situation. Chairman Porter was with Secre tary Lansing for a half hour discuss ing the Mexican situation n general nd later appeared hopeful of a solu tion of the trouble. "The danger to the United States of this condition of continual unrest and feeling of hostility toward us in Mex ico,". .Mr. Porter said, "lies in the fact thai it provides a fertile field for anti-American propaganda and even for a base for attack upon the United States by any foreign country that effected a combination with Mexico. By this the spirit if not the letter of the Monroe doctrine would be vio lated." Rights Are Violated. , 'Property rights have been vio lated and the Mexican courts have declared constitutional the confisca tory provisions of the Mexican funda mental law against which we have taken a strong stand. 1 have a copy of the Mexican court's decision in this matter If we permit the prop erty rights of our nationals in Mex ico to be thus violated, where can we stop? Suppose Brazil and Argentina and Germany and other nations adopt such a confiscatory law? Our inter ests abroad would be wiped out. ''For three years or more 1 have been firmly convinced that either amicable or forceful intervention in Mexico by the United States is in evitable. I have heard nothing here that leads me to change my mind "1 believe that when the state de part mmit's-firm stand is put before congress we shall give it our strong est support." Private advices received here to night from Mexico City said there was no truth in the report from Kl Paso that Consular Agent Jenkins had been released from the Mexican penitentiary. RIO JANEIRO, Dec. 1. The Asso ciated 1 less is informed from an authoritative source that Brazil has made no offer on behalf either of itself or in connection with the "A. B. C." powers to mediate in the dif ficulty between the United States and Mexico. GERMANY FINAL REFUGE Spy Suspect, "Man Without Coun try," Finds Lauding Place. SAN FRANCISCO, Dec. 1. Paul Freeman, modern "man without country," due to the war, has found refuge in a German province, accord ing to passengers on a steamship which arrived here today from Syd ney, Australia. Freeman, suspected of being a Ger man spy, traveled back and fort across the Pacific ocean four timet because neither the government ol the United States nor of Australia would permit him to land. THOUSANDS HfVE KIDNEY TROUBLE AND NEVER SUSPECT IT Applicants for Insurance Often Kejected. Judging from reports from drug gists; who are constantly in direc touch with the public, there is one preparation that has been very sue crsful in overcoming these condi tione. The mild and healing influent of Dr. Kilmer s i-wanip Koot Is soo realized. It stands the highest fo its remarkable record of success. An examining physician for one of the prominent L.ife Insurance Compa nies, in an interview of the subjec made the astonishing statement tha one reason why so many applicant for insurance are rejected is because kidney trouble is so common to th American people, and the large ma jority of those whose applications are declined do not even suspect that the have the disease. It is on sale at a druR stores in bottles of two eize medium and large. However, if you wisli first to tes tiiis great preparation send ten cen to Dr. Kilmer & Co.. Binghamto N. T., for a sample bottle. When writ ing be sure and mention the Portland Oreg onian. Adv. it, the naked case of Jenkins stands forth: "Jenkins, a United States consular agent, accredited to the government of Mexico Is imprisoned for 'rendering false judicial testimony in connection with the abduction of which he was the victim. This la the substance of the Mexican note. "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 bad caused the imprisonment of Jenkins because of collusion . with his ab ductors and rebellion against the state are not seriously regarded by your government. JUSTICE'S WIFE, DIES Illness of Two Weeks Fatal to Early Oregon Resident. - THREE CHILDREN SURVIVE Funeral Will Be Held Thursday With Members of Supreme Court Acting as Pallbearers. Full Investigation Asked. The government of the United States invites and desires the fullest possible examination and investiga- on of this case, but it cannot admit that it ie necessary in order to ascer tain the facts that Mr. Jenkins should retained in prison even with the privilege of applying for bail. My government will not, and is satisfied that Mr. Jenkins will not, place any bstacle in the way of a complete and full examination of himself or his witnesses, or of the events leading up to and connected with his abduction. "The Mexican government" prefers to attribute the American note to an imperfect knowledge of the Mexican enal laws and proceeds to explain with refinement the intricacies of Mexican 'penal proceedings. - But the government of the United States fails to discern, in their application to this case at the bands of Mexican authori ties any approximation to impartial treatment of Jenkins and the Mexican government knows the bsence of such reatment is the reason for the Amer ican request. ' 'The Mexican" government main-; ains that it cannot grant the re quest of the United States for Jen- kins' release for the reason that under international law no diplomatic inter- ontion is appropriate unless a denial of justice has occurred and because the Mexican government is not in a position to demand Jenkins' release n view of the separation of the ex ecutive and judicial powers under the Mexican form of government and the ndependence of the state courts, by one of which Jenkins is held. Justice Already Denied. "The succinct answer to this con- ention is, as everyone knows, that a denial of justice has already taken place, and also because the Mexican constitution specifically gives the fed. erai tribunals jurisdiction of 'all ases concerning diplomatic" aeents nd consular officers. "The United States is not to be riven by such subtle arguments into defense of its request for the re lease of Mr. Jenkins. It is for Mexico to show cause for his detention, not for the United States to plead for Us i Deration, stripped of -extraneous matter, with which the Mexican note of November 26 endeavors to clothe Victim Is Prosecuted. Tn 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 defend ant, as the Mexican government now makes him out to be. The Mexican government is prosecuting the victim instead of the perpetrators of the crime. While the outlaws who endan gered his life and took away a large part of his fortune enjoy their free dom the Mexican authorities now de prive Jenkins of his liberty. "Morover, the ground expressed for the Imprisonment of Jenkins, namely, that he ts supposed 'to be responsible for the crime of rendering falsa Judi cial testimony,' must be taken and my government directs special rtten tion to this point as merely an ex pression of opinion on the part of the Mexican government, as it is en tirely unsupported by evidence. There is not produced any of the testimony rendered by him or any extracts from such testimony tending to show the correctness of this opinion. "The Mexican government cannot expect the United States to accept in the grave circumstances of this case such a bare unsupported statement as a valid excuse for the imprisonment of an American consular officer, par ticularly in view of the fact that the investigation of the case by the rep resentatives of the United States in Mexico, so far -as it has proceeeded, fails utterly to support this opinion of your government. "On the contrary, the investigation gives the government of the United States every reason to believe that Mr. Jenkins has not knowingly given any false testimony in respect of vital points in his case, although he has been harassed by Mexican authori ties to give such testimony, even while lying in the hospital too weak and exhausted to make them as a result of his treatment by the ab ductors, and while he knew evidence was being obtained against nira through intimidation of witnesses. So stands the single, unsupported, and, my government believes, utterly un founded, ground alleged for Jenkins' imprisonment. Eff orx to Ensnare Seen. "What conclusion Is to be drawn from such a reply of the Mexican government other than there has been a studied effort on, the" part of the Mexican authorities to ensnare Jenkins ' in the intricacies of legal proceedings by alleging the commis sion of technical offenses and by bringing unsupported charges against him for a purpose in the first place, to divert the attention of the Amer ican public andjthe American govern ment, and. indeed, or mexicans tnem selves, from ' the actual situation, namely,, that Puebla. the capital of the state of Puebla' and perhaps the second largest city in Mexica is without ade- auate protection from outlaws who in fest the immediate neighborhaad, and who were accustomed openly -and freely to visit the city without hin drance: that with the failure to fur nish adequate protection in this dis trict the Mexican authorities have, through their negligence, made pos sible the abduction of Jenkins, and that in harmony with such .an atti tude on the part of the Mexican au thorities they have failed to carry out the duty and obligation incum bent upon them to apprehend and punish the bandits concerned in the crime of which Jenkins was the vie tim. "And, in the. second place, it ap pears to have been the purpose of the Mexican government to assume a wilful indifference to the feelings of the American people that have been aroused to the point of indignation by the exposure, hardships and physical suffering endured by Jenkins during his abduction and his subsequen treatment at the hands of Mexican authorities. "In view of the considerations which have heen set forth, and in view particularly of the belief of my J gOVCI IllllCUk Lliai 11'"- v l hi. . - aoo..,,,.. Jenkins of deliberate . false swearing is unfounded, the government of the United States must renew its request for the immediate release of Consular Agent Jenkins from further Imprison ment. LANSING." will be held In this city next Wednes day, Thursday and Friday. County School Superintendent Lamb having arranged an interesting programme. iJuring.the convention the teachers of Tillamook city school will give a reception to the teachers from other istricts. An able body of instructors have been obtained as follows: H. Ackerman. president Oreeon State Normal school. Monmouth: Blanche R. Blumauer. Portland chapter. Junior Red Cross: J. A. Churchill, state superintendent of public instruction, Salem: Ralph E. Coleman, department of physical edu cation. O. A. C; C. A. Gregory, bureau I educational research. Universitv of Oregon, Eugene; J. T. Mathews.- de partment of mathematics. Willam ette university. Salem: Edwin T. Reed, college editor. Oregon Agricul tural college, Corvallls; Ida Mas Smith, primary critic, Oregon State Normal school, Monmouth; H. C. Sey mour, state club leader, Corvallis. SALEM. Or., Dec. 1. (Special.) Mrs. Mabel Ellis Johns, wife of Charles A. Jones, justice of the Ore gon supreme court, died at the family home here today after an illness of nearly, two weeks. Mr. Johns was born in Iowa on November 15, 185S, and seven years later accompanied her parents, Henri Ellis and Henrietta Bills, to Oregon. The family crossed the plains by mule team and first located in Yamhill county, where they remained for a year. They then moved to Polk county and took up their residence on what is known as Salt creek. There they resided for several years before settling in Dallas. Mr. and Mrs. Johns were married at Dallas on November 15, 1882, and six years later went to Baker, east ern Oregon, where they made their home for more than 24 years. They then moved to Portland and after six years passed in the latter city came to Salem in June, 1918. Three Children Survive. Besides her husband Mrs. Johns is survived by two sons, Claude M. Johns of Oakland, CaL. and Charles A. Johns Jr., who is attending the University of Oregon; a daughter. Miss Ruth, who is at home, and three brothers, W. R. Ellis of Oregon City, H. J, Ellis and C. J. Ellis of Polk county. She also leaves two sisters, Mrs. N. L. Butler of Independence and Mrs. W. H. Kuykendall of Baker. Mrs. Johns was a member of the Eastern Star lodge, Multnomah chap ter. Daughters of the American Revo lution, and also a member of the Episcopal church. The funeral will be held from the Episcopal church Thursday morning at 10 o'clock, with Rev. C. H. Powell of ficiating. Justices to Be Pallbearers. Interment will follow in the Odd Fellows' cemetery. The pallbearers will include Justices Harris, McBride, Bean, Benson, Burnett and Bennett of the supreme court. Mrs. Johns was a woman of high literary attainments and read exten sively. She delighted in helping others and during the late war took an active part in many patriotic mat ters. Her devotion to her husband and children during life was insep arable and in her last hours her only thought was of the welfare of those who would be left behind. Mrs. Johns was 61 years of age and, although a resident of Salem but a short time, she had a wide circle of friends in this vicinity. FEW FLAKES FALL "AS RE MINDER TO PORTLAND FOLK. OVERTURF TO ENTER LISTS Bend Man Will Be Candidate for State Legislature, . BEND, Or., Dec 1. (Special.) When the primary elections are held in 1920, H. J. Overturf. of this city will be a candidate for nomination for either state senator or state rep resentative from the district com prising Deschutes, Crook, Jefferson, Grant, Lake and Klamath counties. Mr. Overturf expects to arrive at definite choice as to which of the two houses he will prefer, within the next ; two days. It has- been reported that Benton Burdick of Redmond, who represented the district in the house during the last session of the legislature, will be a candidate for house or senate, while the name of J. H. Upton, of Prineville, also has been mentioned as one of the candidates to succeed Senator George T. Baldwin, of Klamath Falls, whose term expires in 1920. HELP FOB IMS URGED DANGER OF LOSS OF RICHES IX KLAMATH IS FORESEEN. Consultation Board With Redman Member Proposed as Condition . In Opening Reservation. KLAMATH FALLS. Or.. Dec 1. (Special.) A consultation board to safeguard the rights of the Indians on the Klamath reservation has been suggested as a compromise in the con troversy that has arisen over the pro- posea opening or the reservation and the partitioning of tribal property among the members by congressional legislation. The board, as suggested, would con sist of three members, one appointed oy the governor, one chosen by the Indians and the third selected by both. All members would be without inter est, either direct or indirect, in the timber or other resources of the reser .tion. The purpose of the board would be to' act us a bulwark against unscrupulous aggression , by white men and more advanced Indians upon the less competent members of the allied tribes, when the government relinquishes to them the control of their own destinies and fortunes. The need for some form of protec tion from exploitation is apparent. when the- Immense resources of the reservation are considered. It is esti mated that each member of the allied tribes has a per capita wealth of be tween $30,000 and $35,000. and it is feared that too sudden transforma tion of this wealth from government to Individual control would be tha signal to a host of schemers. Much of the wealth -Is in timber lands and should -these be conveyed to timber speculators and logged over quickly, without attention to refor estation, the damage to the com munity would be irreparable, as the reservation is the chief watershed of the entire Klamath basin. Brems. Red Cross irurse. In spite of a driving snowstorm nine mothers re ported with as many infants at Red Cross headquarters. One woman came 30 miles from Opal City in Jefferson county that her baby- might be ex amined by Bend physicians in-accordance with the standards outlined by the United States government. Of the nine children, only one was found to be below normal. Bend "Baby Week" Starts. BEND, Or., Dec 1. (Special.) "Baby week" started in Bend today under the direction of Miss Margaret Washington Circles "Visited. -CENTRALIA. Wash., Dec. 1. (Spe cial.) Mrs. Theodore Hoss, depart ment president of the Ladies of the G. A. R., returned - Saturday night from a trip through northern and eastern Washington, during which she visited numerous circles of the organization, encouraging the mem bers and giving advice where needed. The circles visited were those in Ta coma, PuyalVup, Seattle, Taklma, Spo kane, Tekoa, Waitsburg, Walla Walla, Colby. Everett, Burlington, Belling ham and Anacortes. Today Mrs. Hoss began a second tour that will include Bremerton, Retsil. Auburn, Orting, Acme. Snohomish. Granite Falls, Ho quiam, Olympla, Tacoma, Kent and Vancouver, the latter circle to be visited December 23. Ma says she buys G1TY SEES FIRST The Dalles Has Real Storm and Snow Falls at Heppner; Stock ton Said to Be Prepared. - Portland caught Its first glimpse of snow yesterday. But it was a fleeting one. The flakes, so few and far be tween as to be noticeable only to the close observer, turned into rain al most before they touched the ground. In the heights and several sections of the east side the fall was quite noticeable, but in the business dis trict only a few flakes were seen. Following a night of heavy frost. Portland returned to the grip of a cold snap yesterday and further cold weather is forecast for today", prob ably with clear skies and a northerly wind. The entire country is experi encing a cold wave of unusual in tensity for this early in the season, according to the report of the local weather office, and the Pacific coast section is no exception to the rule. Low temperatures are reported from many points In the northern part of the United States and Canada. Mon tana has had eight degrees below zero at Helena;. Minneapolis reported 12 below, while nearer home Walla Walla and Pendleton are in the grip of a severe cold snap. Rains of the last few days have swollen the Willamette river, although not to the extent of the freshet of a few weeks ago, when a sudden rise swept hundreds of logs into the cur rent and threatened houseboats and river craft. A rise of about two feet had been recorded at Portland up to last evening, while Salem, Albany and Eugene registered four feet. The Wil lamette will continue to rise today. according to the weather bureau, and with the fair weather forecast will recede Wednesday and Thursday. The river reading at Portland yes terday was 4.7 feet, a rise of 1.9 feet in the past 24 hours. Total rain fall for the last 24 hours was given as .18 inch, with the rainfall since September as 12.18 inches. This prac tically corresponds with a normal rainfall of 12.23 Inches. THE DALLES, Or., Dec. 1. (Spe cial.) The second snow storm of the seaspn is now swirling through the streets ox ine uaues, ariven Dy a sweeping northeast wind. Early ths morning a few scattering snowflakes fell and by noon the white couriers of winter had covered the ground. The temperature is just above freez ing point with indications that by tonight a drop below the 32-degree mark will be reached. HEPPNER, Or., Dec. 1. (Special.) Winter again has tightened its grip on Morrow county and indications of heavy storms followed a dense fog, the first of the season, that rolled in Sunday night. Snow began falling this afternoon and appearances are for rough weather. The farmers and stockmen are In good shape for win ter, however, most of the wheat being in the ground ana stocic in or near winter quarters. HELENA. Mont., Dec 1. A general cold snap, with temperatures as low as 24 degrees below, held Montana in its grip tonight. There were indica tions that the cold would grow mor intense before moderating. Snowfall 118 SHIPS ON U. S. WAYS 550,000 Tons of Merchant Ship ping Under Construction. NEW YORK, Dec. 1. More tha 5F-0.000 gross tons of merchant ship ping, exclusive of government work. are under consideration in American shipyards, according to a statement made by the Atlantic oCast Ship builders' association. Of 118 ships under construction, only one is for foreign account. RECEPTION IS PLANNED i Tillamook to Entertain Teachers During Institute. TILLAMOOK. Or.. Dec. 1. (Special.) The annual convention of the Tilla mook County Teachers' association :s (crispest corn flakes) cause I like em says But you can bet Ma gets her share too! . - . .. ". Boston or Varsity-shaped Eyeglasses and Spectacles are much worn by persons wishing something distinc tive. 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