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tained in the files of the Consulate, which information, of course, is the exclusive property of my Government.

In view of the circumstances of this case involving as it did a Mexican political matter, and the disclosure of information from the files of the Consulate, my Government is of the opinion that the practice which prevails generally among nations would have indicated that the Prosecutor should have extended to the Vice Consul an invitation in writing to give testimony, containing a statement as to the purpose of the inquiry and setting forth a date on which the testimony could have been given sufficiently remote so as to afford opportunity for the Vice Consul to have consulted his Government in the premises. this relation it may be stated that I am informed that if my Government had been so consulted in the instant case, it would in all likelihood have given favorable consideration to the request and authorized the Vice Consul to testify.

In

My Government recognizes that the action taken in this matter was that of a subordinate military authority, but considers that it should bring the matter to the attention of the Mexican Government.

Very truly yours,

812.203/6

HENRY L. STIMSON

The Ambassador in Mexico (Clark) to the Secretary of State

No. 389

MEXICO, April 30, 1931. [Received May 12.]

SIR: With reference to the Department's instruction number 79 of January 27, 1931 (file number 812.203/4 [812.203/5]), and to previous correspondence concerning the action of the Military Prosecutor at Guaymas, Sonora, in ordering the American Vice Consul at that place, Mr. A. F. Yepis, to give testimony in a hearing conducted by the Prosecutor at Guaymas on November 5, 1930, I have the honor to transmit herewith, for the Department's information, a copy and translation of note number 5571 dated April 18, 1931, which has been received from the Foreign Office in reply to the Embassy's note number 179 of February 2, 1931, giving textually the representations contained in the Department's instruction under reference.

The Department will note from the enclosures to this despatch that the Mexican Foreign Office expresses the view, with reference to the Prosecutor's order to Vice Consul Yepis to testify in this case, that compliance with a request of this nature is optional. Respectfully yours,

[Enclosure Translation]

J. REUBEN CLARK, JE

The Mexican Minister for Foreign Affairs (Estrada) to the American Ambassador (Clark)

No. 5571

MEXICO, April 18, 1931.

MR. AMBASSADOR: There was received in this Ministry Your Excellency's courteous note number 179, dated February 2nd last, regarding

the case of the Vice Consul in charge of the American Consulate at Guaymas, Sonora, who was summoned to appear before the Agent of the Military Department of Justice in connection with the investigation launched with respect to the revolutionary events which took place in 1929. Your Excellency states that the abovementioned Vice Consul appeared before the authority who notified him and made certain statements based on official data existing in the archives of the Consulate; Your Excellency adds that, since it was a matter in which Mexican political affairs and the disclosure of official reports of the Consulate were involved, you have received instructions to advise me that the American Government is of the opinion that, in accordance with the prevailing practice, the Agent of the Department of Justice should have invited the Vice Consul in writing to testify, informing him as to the purpose of the investigation and fixing a date for the giving of his testimony which would have permitted the Vice Consul to consult his Government in the matter.

It is also stated in the said note that Your Excellency's Government would in this case have authorized the Vice Consul to testify.

Lastly, it is recognized, in the note to which I am making reply, that this action emanates from a subordinate military authority, but it is considered pertinent to call my Government's attention to the matter.

In reply, I should inform Your Excellency that my Government expressed its point of view in the premises when it signed-as did the Government of the United States at the Sixth Pan American Conference-the Convention relating to Consular Agents, based on the principles universally accepted in this respect and stipulating that in criminal trials the prosecution (Sp., la acusación) may request the presence of Consular Agents as witnesses, which request should be made with (all) possible respect for consular dignity and for the duties of that office, and shall be complied with by the consular officer. Although not establishing any exact rule, it is evident that the recommendation to proceed in a manner compatible with consular dignity may be interpreted in the sense that the request should be in writing.

As for the obligation to testify regarding acts or facts (Sp., hechos) which have come to the knowledge of the Consular Agent by reason of his official character or which may be found in the archives, my Government fully concurs with (Sp., abunda en literally, abounds in) the idea of Your Excellency's Government that compliance with a request of this nature is optional.

Your Excellency's Government justly recognizes that this is a case involving authorities whose familiarity with international courtesies is not probable; on the other hand, the American Consular Agent, by virtue of his office, could more easily point out to these authorities

Signed at Habana, February 20, 1928, Foreign Relations, 1928, vol. 1, p. 598.

that in his opinion (such procedure) constituted a possible violation of the usual rules governing such cases.

I avail myself [etc.]

G. ESTRADA

SHOOTING OF MANUEL GARCÍA GÓMEZ AND EMILIO CORTÉZ RUBIO, MEXICAN CITIZENS, AT ARDMORE, OKLAHOMA, BY DEPUTY SHERIFFS

411.12 Gomez and Rubio/4

The Mexican Chargé (Herrera de Huerta) to the Secretary of State

No. 02373

[Translation]

WASHINGTON, June 8, 1931.

MR. SECRETARY: This Embassy has just been informed that the Mexican youths, Manuel García Gómez and Emilio Cortéz Rubio, the latter being a nephew of the President of Mexico, were shot dead by a traffic policeman in the environs of Armour [Ardmore], State of Oklahoma, this morning. These youths were on their way to Mexico in an automobile and there is nothing to lead one to suppose that there occurred [any] provocation on their part justifying the action of the traffic policeman who caused their death.

I beg Your Excellency very courteously to be good enough to interpose your influence with the appropriate authorities to the end that as soon as possible the necessary investigation be made to establish the responsibilities which may be involved in this case.

I avail myself [etc.]

P. HERRERA DE HUERTA

411.12 Gomez and Rubio/5: Telegram

The Secretary of State to the Governor of Oklahoma (Murray)

WASHINGTON, June 8, 1931.

It has been reported to the Department that two Mexican students, Emilio Cortés Rubio, a cousin [nephew] of President Ortiz Rubio, of Mexico, and Manuel Gómez, were shot and killed at Ardmore, Oklahoma, early today. According to the press report the slayers were Oklahoma officers.

In view of the possible international complications in this affair, it will be greatly appreciated if you will direct a minute investigation with a view to determining the circumstances and responsibility and advise me by telegraph of the result. At the suggestion of the American Ambassador to Mexico, it is requested that measures be taken for the proper preparation of the bodies of the two youths for shipment to Mexico.

HENRY L. STIMSON

411.12 Gomez and Rubio/3: Telegram

The Governor of Oklahoma (Murray) to the Secretary of State

OKLAHOMA CITY, June 8, 1931.

[Received 8:21 p. m.]

Replying to telegram even date have ordered complete investigation of death of the two Mexican citizens. Have sent State criminal investigator and will direct Attorney General to aid County Attorney. Will order at State's expense preparation of the bodies to be shipped to Mexico. Will keep you informed. GOVERNOR OF OKLAHOMA

411.12 Gomez and Rubio/6: Telegram

The Secretary of State to the Ambassador in Mexico (Clark)

WASHINGTON, June 8, 1931-6 p. m. 164. Please transmit the following message to President Ortiz Rubio, on behalf of the President:

I have just learned with deep regret of the report that two Mexican students, one of them a relative of Your Excellency, were killed this morning at Ardmore, Oklahoma. I have ordered a minute investigation of the circumstances of this profoundly regrettable incident.

STIMSON

411.12 Gomez and Rubio/1: Telegram

The Ambassador in Mexico (Clark) to the Secretary of State

MEXICO, June 8, 1931-6 p. m. [Received 9:50 p. m.]

184. Reference killing of two Mexican youths in Ardmore, Oklahoma.

Pursuant to telephone conversations between Johnson and Lane,10 I called on the President and Minister for Foreign Affairs this afternoon, transmitted to each a copy of President's Hoover's telegram to President Ortiz Rubio, and expressed the sincere regrets of the Department and my own personal sympathy.

411.12 Gomez and Rubio/16

CLARK

The Governor of Oklahoma (Murray) to the Secretary of State

OKLAHOMA CITY, June 8, 1931. [Received June 10.]

DEAR SIR: An incident occurred in this State today which resulted in the death of a relative of the President of the Mexican Republic,

10 Herschel V. Johnson, Chief of the Division of Mexican Affairs, Department of State, and Arthur Bliss Lane, Counselor of Embassy in Mexico.

together with one of his companions, who were traveling homeward from a Kansas College.

I enclose herewith a copy of a letter I have just now addressed to the Mexican Consul of this city, which contains all of the information in my possession at this time.

Thinking perhaps this information might be needed by your department, I am sending it, and shall gladly report further as the facts may

come to me.

Yours sincerely,

[Enclosure]

WM. H. MURRAY

The Governor of Oklahoma (Murray) to the Mexican Consul at Oklahoma City (Valdes)

OKLAHOMA CITY, June 8, 1931. DEAR SIR: I have just learned that Emilio Cortés Rubio, who, I understand, is a nephew of the President of the Republic of Mexico; Manuel Gómez, and Salvador Cortés Rubio, cousin and nephew of the President of Mexico," His Excellency Ortiz Rubio, were passing through the town of Ardmore, Carter County, in this State, returning from a college in Kansas to Mexico, when they stopped their car and got out. They were observed by the Deputy Sheriff of Carter County, who approached them, and they began to run; whereupon, the two first were shot down.

I deeply deplore the matter, and wish to express my sincere regret at what occurred. The boys, I can understand, not knowing our customs or language, exercised the instinct of attempting to flee, which the American officer too often construes as justifying the firing of his gun. It appears that the boys had done no wrong and had violated no law other than that they were carrying concealed weapons on their persons, which is in violation of our State law.

The purpose of this letter is to express to you and, through you, to His Excellency, The President, my deep regret of this occurrence, and to assure him that diligent effort will be made to ascertain whether the officer was without authority to commit the homicides.

Please to assure The President of these expressions and of the last promise of investigation on the part of the State.

With expressions of sorrow and regret, I am,

Very sincerely,

WM. H. MURRAY

"Manuel Gómez was not related to the President of Mexico; Emilio Cortés Rubio and Salvador Cortés Rubio, who were cousins, were nephews of the President (411.12 Gomez and Rubio/138).

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