812.00Detention/72
Memorandum by the Chief of the Division of Mexican Affairs (Lane)
On April 20, Mr. Harris, Assistant Commissioner General of Immigration, telephoned me to say that the Labor Department had received [Page 399] a telegram from the District Attorney at El Paso, to the effect that 18 rebels had entered the United States, armed, at Sasabe, Arizona and were in the custody of the Immigration officials at Tucson, Arizona. Mr. Harris said that the telegram stated that the United States Attorney at Tucson and the United States Army authorities at Tucson both declined to take custody of these rebels.
Shortly after talking with Mr. Harris, I received from Colonel Ford of the War Department a copy of a telegram from General Lassiter transmitting a message from General Cocheu, confirming the entry of the rebels, but stating that they were in the custody of the United States District Attorney at Tucson. I thereupon communicated with the Department of Justice, Mr. Hester, who said that he would telegraph the United States District Attorney not to retain the men in custody. (Mr. Hester informed me this morning that a reply had been received from Mr. Gungl, United States District Attorney at Tucson that he had not accepted the custody of the rebels.) Colonel Ford informed me on April 20 that it was his understanding that rebels of this category were to be taken into custody by the Army. After conferring with the Undersecretary, I confirmed this understanding and so notified Mr. Harris of the Labor Department. I informed Colonel Ford this morning of the advice received today from the Department of Justice to the effect that the men were not in the custody of the United States District Attorney.