The Washington herald., 1912-04-12
DEATH
IS UP TO MADER0
Official Confirmation Is Re
ceiYed of Gunner's
Execution.
LOOK UP PRECEDENTs

Having received oficiai confirmation
OF the shooting OF Albert Fountain. the
american gunner who was captured
by the forces Of the rebel leader, oroz-
Co from the federal lines in Chihuahua.
the State Department is now debating
the question of what action may be
regarded as proper under the clrcum-
stances. The State Department has
little sympathy for Americans who get
into trouble by reason OF their being
allied with either the federal or the
rebel forces in Mexico. since what -
regarded as due warning was given
all Americans by the proclamation OF
President Taft and by a note from the
State Department which was published
from all consulates.
Legal authorities Of the State Depart
T5snt are now looking up precedents. 1t
IS thought doubtful, however, II there
Is an exact precedent to the Fountain
case The case OF Cannon and Groce,
the two American soldiers Of fortune
who were summarily executed by direc-
rion OF former President Zelaya, OF MIC
hrugua. nearly three years ago. is not
a fair precedent. according to State De-
partment officials.
While it was true that those two
Americans had taken up arms against
friendly relations with the United States,
the conditions there are held 10 have
been quite different from those now ex-
Biting in Mexico. Anticipating just such
q situations the President issued his
PROCLAMATION. followed by the State De-
partment note, which warned all Ameri-
cans in both the United States and
Mexico TO keep hands on in the present
revolution, and furthermore, warned all
ATI1ln rio Wal1 i. v,H- -
safety when danger was threatened.
Enlisted Since Proclamation.
8 It is not known whether Fountain was
IA Mexico ct the time that warning was
issued, Lut the investigation has devel-
oped that he enlisted with Madero's army
since then. The proclamation and the
State Department warning were given the
widest possible publicity.
( In view Of these warnings, the Official
view appears to be that the adninistra-
ton may not make demands upon the
Mexican government for Fountains
death. although this question is not yet
Definitely decided.
J The State Department does not waive
ell claims however, holding that it Is
the prerogative Of the government to de-
eide when II shall cease to demand sat
isfaction for harm done 10 any Of its
nifty may be demanded Of the Mexican
government, the State Department ap-
pears at loss as 10 how to proceed. in
case such action were decided upon, to
demand redress Of OroZco. Va.
Consul Letcher, at chihuahua, has
been directed TO communicate "unofh-
cially" with orozco to impress upon him
that the lives Of American citizens must
be respected. The department is not
anxious to officially recognize the rebel
movement, hence # will make no for
NAL demands Of Orozco at this moment
In the meaDnme. the matter will be
presented 10 President Madero in a rou-
tine form, but since the crime was COM
mitted by the rebels IL is recognized
that he will probably be powerless. Re
ports to the State Department on the
investigation Of the circumstances OF
Fountains death confirm the press re-
ports that he was shot after being taken
prisoner, without the form OF a court
martial.
ExhOrbitant Price of Guns.
announcement was made by the State
Department yesterday that the loo RI
fies and 100000 rounds of ammunition
which arrived by steamer at Vera Cruz
Monday. had been delivered to the
American Embassy and sold to the
american citizens in the Mexican capt.
tai. The reports show, however, that
the citizens were surprised when they
were required to pay so for each rife,
accompanied by so rounds OF ammuni-
ton, whereas they had ordered the
weapons with the understanding that
the rifles would cost them Ss.25 each and
the ammunition SIS per 1000 rounds It
was explained that the increased price
was due to the ad valorem duty that
was assessed by the Mexican govern
ment and to the cost of shipping and
the hire OF a special guard to escort the
war material from Vera Cruz TO Mexico
City.