Mr. Uhl to Mr. Romero.

Sir: I have the honor to inclose herewith the opinion of the Attorney-General upon the case of Ochoa, given in response to a communication from this Department transmitting your request that Ochoa be prosecuted in the U. S. courts for violation of the neutrality laws.

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The Attorney-General, as you will note, states that “this law clearly is directed against the invasion of foreign territory by organized military bodies for the purpose of conducting military operations against the foreign government in its political capacity.” Such being the case, he thinks the law is not applicable to common criminals like Ochoa and his associates.

I concur in the sentiment of regret expressed by the Attorney-General that this Government is unable to comply with your request, and hope the governor of Texas, to whom a copy thereof was also transmitted, may be able to take action in the matter.

Accept, etc.

Edwin F. Uhl,
Acting Secretary.