davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1911-03-25
LOSES S5O0,0OD ON ALE
Deputy Surveyor Parr Believes
Gaugers Are Responsible.
HAS BEEN INVESTIGATING
Complaint of Bass People as to
Leakage May Be the Basis
Of Court Inquiry.

Richard Parr. Deputy Surveyor IN
charge OF weighing and gauging. was
the chief witness for the government
yesterday at a hearing before II. NJ.
Somerville. of the Board OF United
States General Appraisers on the COM
plaint OF Bass. RatcliCe & Gretton. Ltd.'
OF Trent. England. that the government
did not allow them a sufficient margin
for leakage on their imports OF ale.
The firm. which controls the manu-
facture Of Basss ale and its shipment 10
this country. contended that the order
issued by the Secretary Of the treasury
in 1909 stopping all further allowances
for outage or vantage on imported aies.
was illegal.
The calling Of Mr.. Parr disclosed the
fact that the government had been con-
Quoting a thorough investigation into
the matter Although no intimation was
made of it during the hearing yesterday.
II was learned that Mr.. Parr had dis-
covered enough facts to lead him to pe-
lieve that the government. eitht:
errors in gauging. has been deprived OF
at least 100000 in duties on ale pri r
to his taking charge Of the division. In
1909.
II was also intmated that Mr.. Parr
NAV later present the results OF his In
vestigation to Henry A. Wise. United
States Attorney. showing that through
collusion between some importers ana
gaugers unduy large amounts were al
lowed for outage and vantage on some
ales.
Counsel for the importers said that
owing to fermentation considerable out
age took place between the time OF NIL
ing the receptacles in England and their
examination here. He said that this loss
was substantial and was particularly
due TO the fact that the ale was poured
into casks soon after it was brewed and
continued to ferment during the voyage.
To allow this fermentation the casks, ne
said, were provided with small openings
to permit the escape OF gas. and much
LIQUID was lost through this arrange
ment.
In reply to this Mr.. Parr said that after
many examinations In this city and In
Boston he had found practically no out
age in the ale casks. and some OF them
contained more ale than was branded on
the cask. He added that he had found
the ale perfectly still" and that there
were no signs of fermentation.
Prior to the ruling OF the Treasury
Department in 1909 fat allowance Of
three gallons on each hogshead was
made to the importers Of ales. In many
cases the gaugers reported an outage
exceeding this provision, and a special
allowance was made on their report.
The hearings before the Board OF Gen.
eral Appraisers are to decide whether the
demand Of the importers for an allow
ance should be upheld or denied. The
decision is expected within a month.
| The testimony given at the hearings.
| however, can be made the foundation ot
| an inquiry by the government into the
practices followed by gaugers and i'm
porters during the period when allow
ances for outage We're made.
New-York tribune., 1911-03-25
HOPES DECISION ISN'T FINAL
Wainwright with Others Hints at
Appeal to Supreme Court.

Senator j. Mayhew Wainwright said last
night in regard to the decision of the Court
of Appeals on the compulsory compensat ton
act that he did not feel that the decision
should be taken as final. lie said
The auction involved in the decision is
or such great importance not only from
a state but from "A national point OF view
and the decision is based upon ground so
Fundamental 10 the whole question of
vorkmen's compensation that do net feel
the decision of the court should be ac-
cented as a hnalty until IL has been re-
viewed by the Supreme Court OF the United
states ,
Assuming that the extracts Of the opin-
ion as shown to me are correct, IL would
sem impossible for us 10 adopt any OF
the systems OF wOrkmens compensation
or indemnity for industrial accident which
low prevail in all the other civilized coun-
tries ~ the world short OF an amendment
to the Constitution of the United States
Assemblyman Cyrus w. Phillips said on
hearing the decision:
The decision Of the Court Of Appeals Is
New-York tribune., 1911-03-25
MADERO READY TO STRIKE
Twenty Bridges Blown Up Be-
tween Juarez and Chihuahua.
CREIGHTON KEEPS BUSY
Rebel Leader Calls on His Fol-
lowers to Make Decisive At
tack on Federal Positions.

FL Paso. Tex, March 24-Seven hundred
insurgents have taken up positions between
Chihuahua and General Rabago's federal
forces. according 10 reports from the war
zone" to-day. Rabago is thirty miles north
of Chihuahua. The insurgents, hearing OF
his march to relieve the metropolis oil
Northern Mexico. hurriedly intervened'
They are part of the force of Francisco J..
MaderO. the revolutionary president, VINO
is now said 10 have about 800 cavalry.
With the suspension of constitutional
guarantees and the threat of instant dea'h
to anv of the men captured in arms Ma
dero. il is asserted by his conhdentldi
agents here. is preparing 10 make oe-
csive attack. with view of gaming Ter
ritorv as A base for showing that s'ate
of war exists in Mexico.
Twenty bridges between Juarez and en-
buabua have been blown up withh 'ne
last two davs. oscar g. Creighton, VINO
has had charge Of blowing up railroads. Is
now At Nontezuma. directing operations ni
tbe rear Of Madero. Madero his hand dls-
abled from A recent wound mas 'SSueu
decree. calling on his followers ~ 81 'N0
a decisive blow for liberty
Tho news concerning the Whereabouts o.
Nadero was brought in by the Amer iC'''
s,,narintendent of a Mexican railroad VINO
with four Americans, travelled 30 H'''e'
from Chihuahua. 49,.
AT Sauz." said the American wv
learned that Rabago was on MS way "
raeas Grandes. when, in ohedleh'e I"
call from Chihuahua that the insurgents
,,.oro booming numerous about the CITY, ne
turned southward. Before he got lar ne
fo,,nd that insurgents had surrounded the
CITY about twenty miles out. we klo" '"e
i,,-,,roo,,s wore there. for We had TO pass
through their ranks Rahago Is now 'h
the rosition Of being cut off from 'nl-
brab,la. and vet pushed toward 1t by an
insur.ent army at his rear
The hosting Of the notice or the soSie"
sion Of personal guarantees at Juarez 10
do. caused intense interest among the
,eonle who for three days have been i'll
lor.,ept fear of an attack. The notice
ea,e that death will be the punishment OF
,.,,,. ono who interferes with the railroads
Tr,erforepoo with telegraphic communica-
ton is punishable oy imprisonment ioi
from five to twelve years.
Onlv Inc President Of the republic mas
.,op.ar IN pardon. No passenger train mas
gone out of Juarez for more 'hah iFe
weeks. and teleeraphic communication mas
heen cut off for that time. except occasion
ally for q few hours.
The building of more fortfca'ions about
1uarez was continued by the Mexican
,roons to-day More bags of sand were
nlaced about the fat roofs Of the main
buildings Companies Of infantry were
kent moving about the environs to watch
for the possible approach Of insurgents
New-York tribune., 1911-03-25
MADERO GLAD CABINET FELL
Say 1t Is Significant Thing in
the Mexican Revolution.

. The members of the Mexican revolu-
tloDsrv rarty in New York Yesterday nat
,raTv we're elated by the dispatches from
Mexico announcing the resignation Of the
Daz Cabinet
We have expected something like this
al along" said Francisco Madero father
o. ,he insurrecto general and one of the
7ealthie~t men in al Mexico 1T had 10
come There is ro question but that
Limantour viii remain ina Office, however.
and it rs probable that he will construct a
now Cabinet Dlaz will probably remain,
lrt the insurrecrionists wish even more
changes than iu the Cabinet. Reforms
must 60 an the way back 10 the change of
Governors of some Of the states. Some Of
t-e.e. by tic way. have been i'm office even
longer than the President himself
z The Maderos were interested I'm learning
''4e status of Ramon Corral When told
that be had resigned his cabinet post. but
rot his place AS Vice President, they pre-
d.cted that he must go out Of office
altorether They saw that Corral is not
only a weaHlng. bVt is unacceptable in
every way % The people Of Mexico. The
revolutionary evmpathizers said the other
day that Corral was completely under the
t1um. n Disz. ard that the President had
forced bis subordinate TO remain in South
er7 Mexico where ne is SuppostitiouslN
iaNa- baths for bis health. much against
the l3'ters WILL
The Naderos regard the cabinet resigna-
tior a. significant in connection with the
revolution They have held all along that
G. per cent of tho people in Mexico are
orpo ed violently 10 the Diaz regime char
soe,izug tie latter as A despctism Of
deenest dye and fun Of ou,rages and op-
- sion
Talk of martial Jaw icing PRO-
claimed iu Mexico ..nce the revolution
started" sco0ed Gustavo Madero, the
other dav we have had martial law in
seXico ever since Daz became president
Tie constitution prohibits drumhead court
rsrtials and imprisonment without trial.
bgt both these things have been done often
and otten-eyery day almost"
New-York tribune., 1911-03-25
FIGHT AT LA COLORADO
Both Federals and Rebels Claim
Victory at Mining Camp.

Aqua Preta. Mexico March 24-Imme-
diate danger of an attack on HermosiIIo
seems TO he averted ty the defeat of five
hundred rebels o. Wednesday at La Colo
RADIO. mining camp. thirty miles from
Hermosillo which they took without
trouble a few days ago = fierce fight. last
ing all day. terminated In the retreat of
the rebels The goIernment report places
the rebel dead at thirty-six and the federal
dead at eight The rebels concentrated from
the south. evidently planning a junction
with Juan Cabrars band. marching from
Carlo.
federal force, commanded by Luis Me-
dino Barron. chief Of the ruraes in Sonora.
with four officers and $40 men. left Hermo-
silo fol the south TO retake the town.
which has a population OF 1000 including
many Americans. The federals arrived in
the attack was made in the open there
soon was fighting ali around the city and
later in the streets. After nine hours OF
nghting the rebel; withdrew, leaving the
city again III the hands Of the federals.
La Colorado s an old gold mining camp.
It's principal mine IS owned by Mitchell.
Gates and OF .srs of the Illinois Steel Com
pany OF Chicago. It has an output of
several hundred thousand dollars a month
and Z. record of 100000 a year II is on
q narrow ga ~ge railroad between Torres
and Minas Prietas.
New-York tribune., 1911-03-25
OSBORNE APPOINTS G. p. DECKER

Albany, March 2i.-Thomas NJ. Osborne,
State Forest, Fish and Game Commissioner
has appointed ex-Deputy Attorney General
George =. Decker, of Rochester, as counsel
to the commission. The Office pays an an
nual salary Of $500.
Mr.. Decker has been engaged on special
legal work in the executive department
He succeeds John X. Ward, Of Salamanca,
who resigned following the investigation
into the affairs or the Forest, Fish and
Game Department ordered by Governor
Hughes
New-York tribune., 1911-03-25
BRoDER1CK FOUND NOT GUILTY
Chicago Saloonkeeper Charged with
Buying Votes for Senator Lorimer.

Springfield, H., March Estate Senator
John Broderick, Chicago Democratic
leader and saloonkeeper. was found not
guilty by jury in the Sangamon County
Circuit Court this afternoon. The jury was
out twenty minutes.
Broderick was charged with bribery in
connection with the election of United
States Senator William Lorimer. Testimony
was heard at the trial that he had given
800 to ex-State Senator D. W. Holstlaw.
of Iuka, in consideration Of the Iuka Sen
ators vote for Lorimer. Holstlaw testified
the money was paid in Brodericks saloon
in Chicago.
New-York tribune., 1911-03-25
Old Doctrine Abroeated.

The opinion points out that the effect of
| the act is to abrogate what is known as
the fellow servant doctrine. and also the
"contributory negligence" rule, both Of
| which have heretofore been we'll settled in
the jurisprudence of this state and coun-
try, but both of which the Legislature
has power to abolish on the power of
the Legislature TO classify certain occupa-
tions as dangerous Judge Werner says:
There can be no doubt tlat all of the
occupations enumerated in the statute are
more or less inherently dangerous to a de-
gree which justifes such legislative regu-
lation as is properly within the scope of
the police power" and therefore the cas-
sificaton of dangerous occupations adopted
by the act is not open TO criticism.
The opinion discusses at length those
portions of the statute which are regarded
as clearly or probably within the legisla
tive power. not because they bear any
necessary relation To the ultimate questions
which must control the decision, but be-
cause, as Judge Werner says:
I'VE entertain an earnest desire to pre-
sent no purely technical or hypercritcal
obstacles to any plan for the beneficent
reformation of a branch OF our jurspru-
dence In which. it must be conceded, re-
form is a consummation devoutly TO be
wished"
With reference however to the change
i'm the law by which the employer is made
liable for injuries resulting from the risk
of the business without his fault, the court
takes a different view and holds that the
act In this respect deprives the employer
of his property without due process of law,
i'm violation of the federal and state con-
sttutions.
Judge Werner says there can he no doubt
as 10 the theory of the law. The present
system he describes as uncertain, un-
scientific and wasteful." a system which
fosters a spirit of antagonism between
employer and employe. which it is to the
interests Of the state to remove"
I'VE have already admitted" he adds.
"the strength of this appeal to a recognized
and widely prevalent sentiment, but we
think il is an appeal that must be made to
the peoyle and not to the courts" The
right of property, the court holds, has it's
foundation in the fundamental law. which
can be changed by the people and not by
legislatures. The court praises the work
OF the Wainwright commission.
The decision is regarded as one Of the
most important handed down by the Court
of Appeals i'm recent years.
New-York tribune., 1911-03-25
President Taft Informed.

When Secretary Norton was informed
of the resignation of the DiaZ Cabinet
ne hurried To the White House to tell
President Taft The President was at
tending a musical when he heard the
news.
Sehor dc In Barra. the Mexican AM
bassador. also informed unofiicially, SAID
he expected kilograms from his govern
ment concerning the designations.
The resignation was not unexpected IN
Washington. The state Department ior
some time has been receiving private
advices saving that a change was beng
contaminated by President Diaz. The
Mexican Ambassa dor has acknowledged
that such a contingency was expected
this week in Mexico city but has de-
c!ined TO comment on the situation. as
being a Il internal affair.
Private advices here indicate that the
rosigna tions of Sehor Corral from the
post of Secretary of the Interior, Senor
Molina from the Secretaryship or PUBIC
Works and Senior Creel from the port
fOIlD c1 MliISltl u Tbl'iSli iN'i"'i'i'S
will be accepted
Ii had been believed here that Sehor
LimantOur might be relieved Of the post
of Minister of Finance and be made
Minister of Foreign Affairs to succeed
Sefor Creel but il was said tonight
that this probably still rs an open ques-
ton with President Diaz. IL is not con-
sidered probable that Seilor Creel will
leave the Cabinet, as II was said on
good authority here that the place OF
Minister Of Public Works. relinquished
by Sehor Molina. would be offered to
him.
\ man known to be in the confidence
of President D.dZ expressed the belief
tonight that the Cabinet when reorgan-
lied would contain Limantour, Creel.
Leandro Fernandez and Sierra, but that
these men might not occupy the same
places as before. He said that Senor
Sierra's administration OF the Depart
ment Of Public instruction and Educa-
tion had been regarded as above censure.
and that a change was not probable IN
New-York tribune., 1911-03-25
REBEL VICTORY REPORTED
Federals Said to Have Lost lou
Killed and 40 Wounded.

Presidio. Tex, March 24.-According to
a messenger who reported to Geherai
Jose de la Cruz Sanchez, in command OF
the insurgents beseging the town OF
Oiinaga, insurgents under the direct
command of Francisco !. Madero nave
won an important victory near the city
Of Chihuahua. routing the federal troops
after 16O had been killed and 10 taken
prisoners
New-York tribune., 1911-03-25
,os FOR coRoNeR's SECRETARY

Albany. March A.-The appointment ol
John r. Maher. OF New YORK ss chiei OF
the claims bureau of the state department
Of Public Works at salary of %'o"
year. was announced to-day by Superlh-
tendcnt fireman. He succeeds NJ. y. nee
ran. Of Troy. Mr.. Maher was secretary I,
William ]. conncrs during the latter's IN
cumbency as chairman OF the Democratic
State Committee. and had charge OF the
committees headquarters In this city.
New-York tribune., 1911-03-25
D|Az'S CABINET RESIGNS
Continued from hrst page.

rraise of him far overbalances any con-
Gemnation of his work.
The three men against whom the
masses have cried "old age" are Leandro
Fernandez. Justine FERNANDEZ ana Cen
eraI Cosio. In years gone by these men
have accomplished much in their offices
but IT is an open secret that for the last
three or four years their duties nave
been materially lghtered by the en-
ployment OF subordinates.
New-York tribune., 1911-03-25
LFrnm The Tribune Rureau. ]


Washington. March 24.-Confirmation
from authoritative sources of the report
that the Diaz Cabinet resigned in body
was received here this evening.
The Interpretation put on this step
by those friendly to Mexico, and in the
absence Of definite information. is that
Pre- sident DiaZ purposes to institute GER
tain reforms in accordance with the de-
mand Of the progressives. and that he
will accept the designations placed in his
hands to-day. and later reappoint such
members. notably Messrs. Creel and
Limantour. as are in sympathy with the
rronosed reforms and whose reappoint-
ment will be in accord with the demands
of those who insist on reforms but place
the welfare of their country above all
else. and are not in sympathy with the
insurrection headed by Madero.
II is urged that it would be difiicuit
and embarrassing for President Diaz
to attempt to choose between the mem
hers of the Cabinet. and that the reslg-
nation of the entire body, to be followed
by the appointment of a new Capinet
presents the simplest method OF instltut-
ing those reforms which the more intel
ljeent observers Of Mexican AFFAIRS. even
within the Diaz administration. recog-
nize to be imperative.
From other sources comes the suSges-
ton that the resignation OF the Capine'
in body may prove to be- IN erect
protest resulting from the unwilllngness
OF the Executive to adopt such re1oriis'
In answer to this it is said that such a
step might have been taken by the more
nroqrassive members Of the Cabinet, but
that. under these circumstances, those
members who are essentially reactionary
would unnuestionably have refused 70
ioin with their colleagues in an effort u
nromote action on the part of the EXecu-
tive which they did not themselves ap-
prove. =,
At tho Mexican Embassy it was saiu
this evening that no news had peeh re-
ceived from Mexico City since
n. m.. when n dispatch arrived from
Sefior Creel, dealing with purely rou-
tine matter and giving no indicatloh
whatever of a Cabinet crisis.
Tp to a late hour the Department oi
state had received no word Of the resig-
nation Of the Diaz Cabinet, and none was
expected before morning. In the an
sence of at least A confirmation Oh thc
report. tie officials declined to speculate
or the significance of such step.
As indicating the progress when is
being made in the direction of meeting
the demands Of the progressive element
i'm Mexico, attention is called to the TACT
that steps have already been taken 10
effect the election of new governors oi
the states of Chihuahua. Pueblo ana
Yucatan. in all three Of which provisional
governors have been appointed ana IN
structed to hold popular elections for the
selection Of their successors as soon as
mr. of ira
New-York tribune., 1911-03-25

Nogaes. Mexico. March 2i-Passengers
arriving here over the Sonora Railroad
from thc south to-day deny the Mexican
official report II the battle AT la Colorado.
Instead OF ii ie''eral victory with large
number OF Tt bells dead. they say that the
federals w.re defeated and the rebels are
still intrenchod on a Hill commanding the
town an controlling the water supply.
New-York tribune., 1911-03-25
LUoUE REPORTED MURDERED.

Laredo, Tex, March 24.-Army circles in
Nueva Laredo tonight are without infor-
nation concerning report that General
Luuue, in command Of the Mexican federal
forces beeaguered in Ojinaga. was mur-
dered recently and his body sent TO Ciudad
rGrio Nayico
New-York tribune., 1911-03-25
Case Brought by Switchman.

The case at issue was that Of Carl Ives,
switchman, against the South Buffalo
Crosstown Railway Company. Ives was
injured while at work and brought action
for damages. alleging in his complaint that
he was injured solely by reason of a neces-
sary risk or danger Of his employment.
The company admitted the facts, but al
legged the statute under which the action
was brought was unconstitutional. The
special term upheld the validity of the act.
and it was also upheld by the appellate
division, but by a divided court
Although admitting the strength OF the
economic and sociological arguments ad-
duced in support Of the statute, Judge Wer-
ner holds that under our form of govern
ment courts must regard all economic.
philosophical and moral theories. however
attractive and desirable they may be, as
subordinate to the primary question
whether they can be moulded into statutes
without infringing upon the letter or spirit
Of our written constitutions"
In that respect, he says, we are unlike
any of the countries whose industrial laws
are referred to as models for our guidance.
Practically all of these countries are So
called constitutional monarchies, in which,
as IN England, there il no written consti-
tuition and the Parliament or law wmaking
body is practically supreme In our coun-
try the federal and state constitutions are
the charters which demark the extent and
the limitations of legislative power. and
while 1t IS true that the rigidity Of a
written constitution may at times prove a
hindrance to the march of progress, yet
more often its stability protects the people
against the frequent and violent fluctua-
ton Of that which. for want Of a better
name, we cal, public opinion.