Nº
68
AHSRE
L-E-921 F. 054 1 2 3
St.
Louis Globe Democrat, St. Louis, Missouri
23
de noviembre de 1906
United
States enforces all law power to aid in crushing Mexican Junta
Federal
authorities admit they are proceeding under immigration, extradition
and neutrality laws in lending aid to stamp out organization having
its haven in St. Louis Americans responsible for early movement that
suppressed paper laws by which men are to be deported Mexican
officials demand extradition of Manzano Villarreal case under
investigation.
Political
offenses are not extraditable.
Special
dispatch to the Globe Democrat.
WASHINGTON,
November 22. The arrest of the Mexican at St. Louis and at El Paso
Texas and the efforts of the local federal officials throughout the
United States to break up the organized revolutionary junta at St.
Louis and its association branches in other parts of the country has
the sanction and approval of the government at Washington. This was
made apparent to day through inquiries made at the different
departments of the government which have had to do with the breaking
up of the revolutionary group which found haven in St. Louis.
The
same inquiries established the fact that the officials of the
government are acting clearly within their legal functions, and in
accordance with well established practices in the United States, and
in strict compliance with statutes passed by the congress of the
Unites States.
Law
is closely followed.
While there is open sympathy with the government of Mexico in its
efforts to break up the revolutionary junta, the officials of the
government are proceeding solely under the immigration and
extradition and the neutrality laws.
Inquiry
at the department of justice and the state department indicate that
Liberate Rivera is wanted in Mexico on a charge of manslaughter, a
clearly extraditable offence. Neither the state department nor the
Mexican embassy here has any knowledge of a demand for Aaron Sarabia,
or Manzano, as his name is given in the press dispatches. They say at
the Mexican embassy that if, as is stated in the press of St. Louis,
the man is simply a compositor on the revolutionary paper, which was
formerly printed at St. Louis, then there can be no charge against
him. But at the Mexican embassy care is taken to also add that the
consul of Mexico stationed at St. Louis may have knowledge of some of
the operations of Manzano unknown to the Mexican representatives here
which make him liable to extradition to Mexico.
Deportation
of Manzano demanded.
At
the immigration bureau it was learned that a demand had been made for
the deportation of Manzano to Mexico because of the claim that he is
in this country illegally. It was stated there that and investigation
is in course to determine whether this is true and that so far no
conclusion has been reached. It was also learned at the immigration
bureau that an investigation is in course relative to Antonio
Villarreal, who is being detained in El Paso Texas to determine the
same thing. If it is found that these men are in the country contrary
to the immigration laws there will be no recourse for this government
other than to deport them.
Primarily
there is no question but the present effort on the part of the
Mexicans government to extradite the Mexicans on charges of crime
committed in Mexico before they left that country are prompted by the
revolutionary activity of the Mexicans concerned. It is also admitted
with more or less frankness that the officials of the government here
are lending their aid to the Mexicans government to as great an
extent as they can compatible with the laws of this country.
Breaking
up of Junta.
The
Mexican government has asked that the efforts of the Washington
government be bent in the direction of breaking up the revolutionary
junta, and there has been a campaign in this direction extending over
many months. First the revolutionary paper at St. Louis was
suppressed through invoking the postal laws. Them, because of the
threatened extradition proceedings, member of the revolutionary group
scattered to different parts of this and foreign governments.
It
appears that all of the members of the junta have been under more or
less strict surveillance ever since the matter was first brought to
the attention of this government many months ago. Mexico realizing
that she can only break up the junta through our recognized laws and
not through executive authority, such as is possible in absolutism,
has deliberately planned to reach the men through our laws.
Presenting cases in connection with each individual which do come
under our laws, there is no other recourse for our officials than to
proceed against them under the laws.
Fight
on Junta really started by Americans.
The
way in which this government found itself in sympathy with the
efforts of the Mexican government directed against the St. Louis
junta can now be told for the first time. Many months ago American
residents in Mexico complained to the state department that their
interests and their live were not properly protected from Indian
raids and from disturbances such as were seen comparatively recently
at the Greene copper mines. At once the Mexican government grave
proper protection to our citizens. The Mexican government did not
hesitate to say that it would do everything in its power to protest
Americans, but in return it drew attention to the fact that in the
heart of the United States, at St. Louis a revolutionary junta was
fomenting constant trouble and was directly responsible for such
disturbances as that at the Greene mines.
This
was in part confirmed by Mr. Greene, the great copper king, in a
personal visit which he paid to the state department.
The
Mexican government also complained that both the Indians and
revolutionary disturbers were carrying on traffic in arms across the
Mexican border along the boundary of Arizona. It was mildly
suggested that the moving spirits which were turned against the
resident in the disturbances and the weapons Americans came from
American soil.
Steps
were taken at once to suppress the traffic in arms across the Arizona
frontier.
American
Officials give aid.
In
this customs and immigration officials co operated, as did the
department of justice with the facilities at its command. As to the
suppression of the St. Louis junta, it was pointed out to the
Mexicans that this government could only proceed against it under
well established laws, and that the power of the government could
only be invoked within lines laid down in our statutes.
In
invoking the immigration laws to secure the deportation of the
Mexicans the cure the deportation of the Mexicans the Mexican
government is clearly within its right, as the immigration officials
would have to proceed against the men and deport them if found to be
in this country illegally, if the representations in that connection
were made by an individual.
Mexican
government is clearly within its right, as the immigration officials
would have to proceed against the men and deport them if found to be
in this country illegally, if the representations in that connection
were made by an individual.
If
the Mexicans can show that they are in this country legally they will
not be disturbed if, as is claimed, any one or two of them has been
convicted of a crime in Mexico, them he is not entitled to remain in
this country, and must be deported to the place from which he came.
This in true of any foreigner found within this country illegally
within a period of three years after his entry.
The
debarring of foreigners.
Section
2 of the immigration laws defines clearly the things that country or
remaining here if discovered within three years after their entry. It
reads:
Sec.
2. That the foreign classes of aliens shall be excluded from
admission into the United States persons who have been convicted of a
felony or other crime or misdemeanor involving moral turpitude;
polygamists, anarchists or persons who believe in or advocate the
overthrow by force or violence of the government or of all forms of
law or the assassination of public officials.
Relative
to aliens found is this country who, it is claimed, is here
illegally, section 21 of the laws says, in part:
That
in case the secretary of commerce and labor shall be satisfied that
an alien has been found in the United States in violation of this act
he shall cause such alien, within the period of three years after
landing or entry therein, to be taken into custody and returned to
the country whence he came.
Good
cases must be made against the aliens who are accused. They are
permitted to have a hearing before the nearest immigration
commissioner in the nearest large city. The proceeding is under the
direction of the local immigration official. The accused alien may
be represented by counsel if the chooses. If he can show a proper
record at the port where he entered this alone is sufficient to
release him. If on the hearing it is found that he is not in this
country legally, he can be deported through a warrant issued by the
secretary of the department of commerce and labor, which is served by
the local immigration official. He must be sent to the country from
which became, but this does not imply that he is to turned over to
the officials of the country to which he is deported.
Extradition
mandatory on the United States.
The
extradition of the men accused of crime in Mexico is also mandatory
upon the officials of this government. Under our extradition treaty
no recourse is left them but to extradite if it found that the men
are justly accused.
The
suggestion or intimation that the men can be extradited for purely
political offenses is not tenable. Neither is the suggestion that
they can be extradited for some trumped up crime, and after the
Mexican government gets possession of them they can be tried or
punished for political crimes. Articie 3 of the extradition treaty
sets forth the cases in which extradition shall not take place. The
second section of that article reads: When the crime or offense
charged shall be of a purely political character.
Article
7 of the treaty makes the possibility of the men being tried or
punished for political crimes the more impossible, for it reads:
A
person who has been surrendered on account of one of the crimes or
offenses mentioned, shall in to case be prosecuted and punished in
the country in which his or her extradition has been granted, on
account of a political crime or offense committed by him or her
previous to his or her extradition, or on account of an act connected
with such a political crime or offense, unless he or she has been at
liberty to leave the country for one month after having been tried,
and in case of condemnation, for one month after having suffered his
or her punishment, or having been pardoned. An attempt against the
life of the head of the government shall not be considered a
political offense.
No
chance on political offense.
It
will be seen by this article of the treaty with Mexico that even if
that government, after trying the extradited Mexicans for the offense
in connection with which they are extradited, wishes to then try them
or punish them for political offenses, it is debarred from doing so
without first giving the men thirty days in which to get out of the
country and away from the jurisdiction of Mexico.
The
claim that Mexico may ruthlessly disregard the crimes which are made
extraditable by the treaty and try one men for political or other
trumped up crimes is met by still another article of the treaty
(article XII) which reads:
A
person surrendered under this convention shall not be tried or
punished in the country to which his or her extradition has been
granted * * * for a crime or offense not provided for by this
convention and committed previous to his or her extradition, unless
the consent of the surrendering government be given for such trial.
Under
the law and facts, it appears that it is impossible that the Mexicans
now under arrest in St. Louis and El Paso shall get anything but
justice according to the American Standard. There are but two
presumptions to the contrary. One of these is that Mexico will
ruthlessly disregard the letter and spirit of our treaty with her,
and handle the men in her own way when she once gets them within her
power. The other presumption is that the ignorance of their rights
and of our laws on the part of the accused Mexicans now under arrest
and their inability to take the advantage of their beneficent and
protecting features will result in their being railroaded into the
jurisdiction of Mexico.
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