Arizona republican., 1903-01-15
No Relief for Railroad lien.

her laws relating to railroad accidents.
AS railroad men in the west as
we'll as Mexico know too we'll, the
officials of the neighboring republic
insist upon holding the trainmep per-
sonally responsible for every wreck,
and for every injury to the person Of
any native. 1t makes no difference If
the railroad boys are entirely blame
less-they must go to Jail. 1t seems
that the railroad track in Mexico is q
favorite resting place for the peon
when he is overcome with mescal or
pulque, and no bed of down is equal
for sleeping purposes to the railway
tracks of los puercos, los Americanos."
The siesta may be on a curve where
it is impossible for the engineer to see
the sleeping paisano in time to stop.
and another peon is gathered TO his
fathers. Forthwith. if immediate Gre
nation in the firebox is impossible or
other concealment of the crime" is
irnpracticable, the crew must abandon
their train and skip and sneak for the
border, or undergo long terms of I'M
prisonment and ignominious treatment
in filthy jails. Or, some native hold
ing a grudge against Eel ferrocarril'
because he cannot ride thereon, puts an
obstruction on the track and causes a
wreck. The Americans in charge of
the train are placed in Jail to await
ha laci Of ha
authorities. Ultimately, if it can be
shown that the trainmen were in no
wise to blame, they may be released.
The situation is both laughably alb
surd and intoterable, from an American
standpoint, and for years the railroad
men of this country and of Mexico have
been seeking redress through the dip
lomatic channel. The state depart
ment. it appears, has diligently pressed
the matter upon the attention of the
Mexican government. but without sue
cess. A special dispatch from Wash
ington under date of the 10th inst. made
this explanation from the standpoint
of the department:
LAS a matter of fact the state de-
Dartment for many years has been en-
deavoring to negotiate with the
Mexican government a treaty which
would ensure Americans in the employ
of Mexican railroads fair treatm
and prevent their arrest as persons
responsible for railroad wrecks. Soo-l
after his appointment as ambassador
to Mexico, Powell Clayton was directed
by the department to negotiate a treaty
of this character and he has made
earnest efforts to do so, but without
success. The ambassadors task has
been of very delicate nature from the
fact that in his negotiations it has
been necessary for him to place the
United States in the position of en-
deavoring to regulate the laws of an
other country from the fact that in
order to permit of the treaty, the law
under which the trainmen are arrested
must be repealed. The Mexican Off
Gals show no disposition to repeal this
law and therefore very little progress
has been made by the ambassador. The
law involved is an old Spanish law.
which LOCALITIES the responsibility for
railroad wrecks and provides for the
arrest and punishment of railroad en-
ployes as criminals. The file rooms OF
the state department are filled with
papers in cases like that of Mr.. Adams,
who, as engineer of a wrecked train.
was arrested, imprisoned and mis-
treated.
When the department has appealed
to the Mexican government for redress.
the diplomatic Representatives of that
government in reply have presented
the law, in the face of which, appar-
emily, the department could proceed
no further. An official of the depart
ment, who has charge of the negotia-
lions with Mexico, said today that the
idea of the trainmen to raise a fund
with which to employ lawyers to defend
the accused men was an excellent one.
as by these means they would be as
sured of fair treatment in the courts.
The state department has investi-
gated several cases like that of Adams >
said this official, and it has usually
found that the grievance of the train
men resulted solely from the harsh
provisions of the law. Having estab-
llshed that fact the department could
do nothing. There have been few cases
in which it has been alleged that an
American trainman has been discrimi-
o6nAiiSl TIE courts, as
the law seems to be enforced for Mexf-
cans as we'll as Americans. The basis
of this law is the hypothesis that the
train crew are the persons directly re-
sponsible for the lives of passengers,
and that when a wreck occurs they
should be punished. In the opinion of
the Mexicans. it would be absurd to
place the responsibility for a wreck
10
and directors of the road who were
perhaps at the time hundreds of miles
away. Although an entirely different
view is taken in this country, it must
be admitted that the reasoning of the
Mexicans is not without common sense
investigation has shown that they are
very well satisfied with their law; at
any rate they show no disposition to
repeal it."