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SIR 10 PROVERBS
Tribune's Busv Readers Find
Relaxation in Effort to Solve
the Daily Puzzle.
RULES REVISION PLEASING
?ffxprrtf? Fed Thov Will Have
Troper Record by Change in
Kill?-?:-? m to Number of An?
swer? To Be Submitted.
Tf-rcn tVi" new v r\t |hi> ??*, ir" 1?i MfJXlCO,
t?. ? American troops, iiie
t " ?? m i 'him m conflict and
... rtik? Senate light a? Albany
of 1 ba Tribune have
? ? ? ? lion to the matter or
i proverba Stream? ol contest*
? Tribune otflca men day to
j th? Pn erb <*onte?t Hooks.
nen m??n on thefrr was ,n thetr o?ti
m ' ? ? ? I ? ? nough to b v ,1 j
m pictut they minaod.
a ' nui rol t'riin hav? written com
r ? ? r . Conteat Manager.
A I r I y< -t? rday that
to entt the contest with
..' wlnninc ;i pilae, hut that he
t two I Oka, "tii- for UM In Ma
' . and that
? ? ? ... ,nir to poiv*?
t hard ?Ion al court,
- ? Ich now
r ? for any prize
t ??tant sending h rgeet num
j ' ? ? iv with
i ? ? -? ... ' ? : answer? will be de?
.r, ha? ' itnerou?
?fron It should he
i ? ? ? ? ? ? ? i goternlng the
i ? ? . ? ? ? ? and those who
? proverb c -nt. *t may
. ?? ii ?!? il of time an?l
them car? fully. Th..
f the rule was i ?after nutner
r e to the Contest
of The Trtbune who
I tl .riclnal rule was n??t
i . n scope to give ? rei ** con?
? .mt> In the ton
-. ? have cart inly made a
ind thai they
: ? la? winner?,
Ye?i ? ' have put a dan p
? : of the < ontestant?
canoe, and they
Ion on the
in itoi oMle i n
, rise liai rera
? a eat hei
b picture la
. . ? .....
. .v lhat there
I . . ....
for t '
j offer? rtaea in the
? : ? :,? lovera
? ? ? eta ol
? ? Ptered havi
era who ha es
... Contest Id
. io have
ntlj w ith no idea
n the printed 1 ; -,
11 . ? to be used In at
? : idei avi
I ? pewi lite :
?? ? ?san?
not i ? ' a aet of
i rea that hat eared
? ? bank ... et to soi k.
MADERO GLAD CABINET FELL
Bay Tf I- Significant Thing in
th1"- Mexican Revolution.
' ? ? M< can r?volu?
1 ' ' ' : : ?
, ? co Mader?
. ' ,,f on.
? : M? . ? ? "it 1
. il that
?rill ?truel a
-. . .
... i ? ?
led ? leat
r ? ent, they pr?
? ' that ?
? ? Ml,le (n
? . othei
? ? ?
i ?re he 1?
? t at
? . are
? ' io th? chai
.?? ? ?
'? i I of outras? I op
' nre the r? lution
al . Mad? the
. ? .... ?ten
TV* h %
I-I IBLISIIED lKfi9
.. r has
Ihe edged I olee ??f th?
1 trumenta In the con*
?.'. . ?, orb Tribune.
' IT East l Ith St., i?t.
and duplicat< s
..t .. .r otbsr
Pj Planoa range from
? .1 | lanoi at vr, at
.?,??' Othei make? r-iri?*?- from
m "I?-- lo suit i?ur
^nicrt.oms 17 last 11th -1
Hi.?,Ui- i . -. d i itrumaniaa FA.
'*f?t?x?? ?m eta I??., i ?Hi 1871b >ii?.
P ? : wi I. > it ???t I* 11.? A M
?ni ?,... ?ea iba
, i . u ...... i.?
I *-..??- I ill- t?> He?
ktar? i.i iv Hal? lo il? *? out ti -
fnl < I.I..I- ? . .-? ?? i? .!.??->? *
.'... ?nd $1 .... .' D" _j_
MEN WHO CONTROL THE FUTURE OF MEXICO.
JOSE YVE8 LIM INTOUR,
Minister of Finance, who is -credited ?with
bringing about the changi rn th? ?<??%?
MADERO READY 10 STRIKE
Twenty Bridges Blown Up Be?
tween Juarez and Chihuahua.
CREIGHTOr. KEEPS BUSY
Rebel Lender Calls 0:1 His Fol?
lowers to Make Decisive At?
tack on Federal Position. .
El Paso, Tea , Ma rh 24 ... ndr?ed '
Insurgenta have tak? a up position? bet ? ? ? ?
Chihual .1 ?., ?;
? ording to t? porta ? "wai
' ?? north
' ? gents, heai Ing ol
hia march to relie? ? ? tropolla <.i
They are part of thi force ?.f Francis? o i
Ma lero. th? l lonai y prt aident, who
iw said to have al out 1,600 cavalry.
I, th the suspension of conatll itlon?l
?: aranteea and the threat ?>f Instant death I
t?. any ?.(' ih< mei captured In arma ?Me-t
dero, It asserted by hla * onfldentlal
l? h? re, la pi ? paring t.. make 1 de
? .-in.n u. t* H of "gaining ti 1
rltory ?Ja a base for lab
ol wai ??..-? In Mexico."
Twent : - ? ? ?? ' s and < 'iii
huahu ? n blown ni' v? Ithln Ihe ?
last i-A.? da* -. Osea ?. Crelgl ion, a ho
has ?had ? lowing up railroads, Is I
m ? ? rectlns
?Viadi o, i > hand dii
ri ?,?.1 i ?recent wound, ha? Issut d a
. . , . .? 1 ? .-. . "t.. Miik? '?
Xh? g th< whereabouts ol j
Madero ? - I In by the Am* ??
. ? t ..? m< ?lean railro id, who,
aith 10 \ ? ins, trs milt ?- j
? .\i ? '? ? "vv'
? it i....... v b on hla waj '?? 1
. : ? ?... n, 1 - ? '? ' 1 ?. a
call tr.?i?i Chihuahua that th< rgenl
?, ming 1 ? ? . . ?
Bel got far lie
... . ound?ed the !
v\ ? ?know iiip 1
ni 1. ago 1? now In I
the posli ? ? " P\ ? ?
toward i? ? an
?.,,,? f the 1 ? ? 1
? ?? ? m juarea to- 1
for 1 ? ? heve ?bi ? 1
,,,,,., .??. ? attack Th-? notice
. ? -., ? i ? . punishment ? '
nterfer? ail the 1 ida
? ; Isonment for
trom ? ' ' ? ?
? 1 . ? public ?has
N ? , .- ? ?,-??. train bai
gone out 0 than five
?..?.. and t< itlon hai
been cut off for that 11 e. except ?> islon
1 . I by the Meslcs
Mor? 0 ? ? ; were
f th? m hu
? pan!? ? ? Infantry were
kept 1 it the et ron lo watch
for th< f
MARRIAGE SECRET FOR YEARS
Bridi- K.i-pt It Even from Mother
Two Sf")-ons Annulment Near.
Two jreai ? ? needed 1 ? ?
lo be a ' ? . ? ?
? ? ; 1 secret and ? -? ? ally 1
to do ?with hei ?.v. n m,, 1
Ml Gcldi? Routt I ? .. n n k;ii.i?-?
aoma '?. 1 ?. ??.i 1 he
i.? ' ? ? j ? :
? ? ? ;.an I trail ? did
not menti n it for nln. At the t m?
' . \ ,,,
?South Norwalk. Sin? 1 1 ?. been oui in ?the
oat of O? la? r, who
,, ,. me) ?.en mai i Ii d ?Soon aftei
secret ? ? M
to 1 for hi nd ?hi took
... ghter wi t h hei
I wo y < 1 Hei did th? youn
, er ol the 1 rlage I
1 Nothing ws ?, it It then
: But last Di
,,?i, 1- ii,. mai liagi durl ? |< ?, time the
1 ,,, band and eifi i. ?i n< vet lived i?.
.,1 ?i . ?ad een little ?
,,i, .1 ti? 11 ?wai bn ighi ? .
wot ..1 tntht r, ?? 1? tin .1 mi r* bant ? 1
f, ,,!. 1 ? ai nul thi ... ??..?.
?| hi re a ' ? ? .
Ich yesterdJU '
? i befo
lion of the Interl period an :
..? ? will nol ??? : ?) Routt .? In
, ? M ??'> I
W1..1 ha? recelt ?! the reelgnatlon of the
Mexican ? !abtn< t.
(CepyrlKht by F I. ?lirke.i
?REBEL VICTORY REPORTED
Federals Said to Have Lost 160
Killed and 40 Wounded.
Prealdlo, Tex., March 24. -According to
a measenger who reported t.. Qenersl
Jos? de la Cms Branches, In conanaand of
m?' Insurgent? besieging the town of
OJlnaga, Inaurgenta under the direct
<?? mmand <>f Francisco I. Madero have
won ?n Important victory near the city
ol Chihuahua, routing the federal iroopa
after 1?'.<> had been billed and 10 taken
pi Ison? rs
WHITEWASHED THE JAIL
Mexican Concession in Case of
El Paso, Tex., March M.?In compilan a
with m request fr? nt ?Vi shlngton thnt
Ain.rie.tn prisoner? al Jusrea b? placed In
unitary quarters, municipal officials to
day ha.i th Juarea Jail whitewsshed.
' r n. conv? i -". of Oh ndora. Cal., baa
Bled additional evidence that hla eon, Law
rentre Converse, and Edwin M. Blatt, of
Pittsburg, now In Jail al Jusres, were capt?
ured ?.n American ?oil. He baa forwarded
lo n,.. Bute Department ?tat?menla ?>f
county and federal office?, lint rider? aad
custom? auards, that what la called Ancon
.: tSusdalupe, whets Convera? and Blati
ild to havt ? ? ? n . eptun d, is in the
L'nlted States, and that the government
.... .. ,i <ii r? to jurlsdl? lion ov< r thai
territory foi two years Theae documents
, i. Intended to controveri the statement of
.. m< ii. oil I? 10 ?lup? '?..'?t Ant n
? i. Quadalui ?? ia M< al? an I? rrltory.
Waahlnston, March : i T iking cognisance
.,f report? lhal four Americana ! a?l been
? ?,.. ited by Mexican oldiei In Chihuahua
and four oth? n al \-- u i Pri? I >. th? State
i... ; rtmt nt to-day instru? t. .1 the Amert?
can consular officer? near the t?'0 place?
t., inv? : sat? l ? ?tortea Immediately,
. . onsu.1 ???! ? "hlhuahua was Im iruct? ?I
? |ulre nit?? t! ?? rep? it thai John Hamll*
t ? ?n Disnowltty and three other Americana
'had been ?hot in the State of Chihuahua
the orders of a Mexk n court mar?
tial, The consul at pidgalea will Inveetl*
gat? ihe reported execution of four Ameri
Adams, roung, Hasard and Bhsnley,
having been c iptured with inaur*
\. .i l'i lets State Dl i.artment
officials s.ii.i t.. da) that th? v had no of?
ti. i.ii inft rmatlon of the n i-ort? d i aec t*
i Prl? ta. M? aleo, March :i. Then i
no truth In reporl ? that four Am? rlcan.
? . ' ". the Insurgent? In the n
? ? m ;.. ? ? ..?? ... ited by the Me? -
rmy. Al the time th -?? report? wer?
ti ! The \? latcd Presa dlspat? : ? -
? ? \- i? Pi let? ?aid thai tl ere ??as no
foundation for them The name? of i ,??
ii PI oat .1 lo hat ? ..?> n ex? ? uted i oi re?
spond with ti ..-? ol resid? nil al Do igla
1 none of them hat i. imprisoned or
I executed, Onl? one American wai held
among the thirteen pi ?oner? In jail here,
and he waa a chll prisoner and waa re
eased The Mexican priscnen taki at
Agua Prl? ti ? ere ?enl in 11? rmo IHo for
Wi. Test., March :i Thai her brother,
Jo ? ii. Dignoaitty, waa with the govern?
I ment troop? and not the Inaurgenta in
M? co. wa f ? ? it? m? nt m id? to-daj by
Mi Ronald Sullivan, a lesidenl ..f thia
?FIGHT AT LA COLORADO
Both Federals and Rebels Claim
Victory at Mining Camp.
tgu? Prieta M? ?Ico, Man h :i Imme*
? danger "f an attack on Hermoalllo
to ? ???'.? rti 'i by the defeat of five
i hundred rebels ? u ? dm tdaj at i,, ( -,,|,,
-. do ?? ? ii Ing in ; thirty n !>< s from
Hermoalllo, win. h ihey took without
trouble i f. ? da] n ?no A At ?fight ?si
j Ing all daj. h i n Inat? ! In th? n ??.
the r> bel TI ? go\t i nm? nt rej ? | lacea
il,, rebel d? ad at thlrt) ?la n i tht f- d? ral
dead ni elgl ' Tin rebel ??? entrated
the o ith, ? '? Id? ntlj plam Ins a .i inctlon
i with Juan Cabrai'? band, marching from
.\ federal fon e, i ? mm i d< d by Lull Ms?
' din.. Hanon. chief of the rui ilea In Sonor?.
? ? Ith f< ir offit en snd W m? , left Hei mo
f?n tile south t.. retake the town,
ii m .? i ? ?.ni itlon ??? :. ?!. in< i idlng
Am? ri? an - The f? dei arrii ed In
e men l Tht i ountry la Bat, and a?
? . attach wa mad? In the op? n t .. .? ?
?soon wat fighting all around th? city and
; lat? t in tht air? ? I Afti t tun. houra of
I ? rebel withdrew, leavii -
I cltj again In tht hsndi ? I the fi d? al
i i ? oloi rdo i an old gold minina ? amp.
m principal n. if own? i b) Mit? h? II,
[ Gatea and oll ?? - ol Ihe llllnol? Steel Com
i any oi ' hi ago. II ha? an out| ? of
. . ,ii .mil. .i thousand dollar? s month
' ;hi.i .. rec -rd of I * a ye tr. it i on
, i irrow - ? - ' railroad i ?? tw< n Tom *
? and Hin? Pi h lai
Kogali . M< i ? March : i P?
?rrtvli | : ? "? ovar the Sonora Railroad
i,, ,,, t . oui h i ?-daj denj the Mi | an
official fi art ol ?hi : ?Ml? :.t I .i Colorado
i,, :. ,i i.i .i i-???? rai tit '..r ?. ? m, ?, i? .
numl ? : ? ? ? d< "' "" ? aaj that i ?
tl? v... r? .it ?? ati .1 and th? r< .'?? I
: tin intrench? d .>n a hill ? ommandlng the
to? n an ? nntrolltng Ihe water ?upply.
JOB FOR CORONER'S SECRETARY.
, _ Mart Ii 2\ Th? appolntnv nl i i
joi ! Maker, ol N?? fork, i i ? bk I of
I . iln . th? itate Dcpartmeni
,,f public Work?. ??' :i ??' ??''? "' '; '"" ;1
. 11111...111 .o to .la bj Bu
, , ; . n. Hi ?ui "is M. A Hat
1 , : ?].... Mr Mata? 1 art ? ? retal t?
1 . ? tt durim Ih lattei
, n ? alrm in ol Ihe l mm.ratl?
? ?.. .,1.1 had ? I .'?'.? ?.r the
con.mitt? ? -: ht 1 dq int ? i In thh city.
t ? niiiiii-d from flr?4 pas??.
praise of him far overbalances any con
d-emneUoa "f lili? work
The time in? n .icalnst whom the
maaaea hav?" ori???l "Old ?mo" arc [.r.inrirn
F'-nianilo7. Justino F?rn? n?icz and On
rral i Visio. In yeara foot by th*???? m??n
have ncio-mpli-h-rfl mm h In their nfflre??.
hut It If? an open secret that for the Ian?
three or f??nr ?reare trnir duties have
b-?fn matarlally lightened by the em?
il??ym?nt ??f ?nihorriliutt-M
IWr* a Tl - Trt n ?? B.a.1
Washington, March _'4 Conflnnatlon
from authoritative sources ?>f the ?report
?thai th.? Dias Cabinet ?resigned in a ?body
waa ?re? ? ?\i ?l hi re ?this ? . ? nine
The interpretatI?on ?pul ?m this ?step
by those frl?endly t?? Mexico, and in th"
absence "f <i ?Unite Information, is tint
?President Dias purpoaeg t?> Institute ?cer?
tain ?reforma in a-ecordsnee with the de
ti,;i! ?i ??f th.? progreaslvea? and thst he
will accept th? resignations i i.i? ???l In his
hand to-day, ?in?i later resppoint ?such
members, notably Mesara ?Creel and
Umantour, ?aa ?are in ?sympathy with the
| r ropos, .i ?reforma ?and ?whose ?reappolnt
ment will !.<? i?i ?accord with ih?? -d?eman-ds
of those who insist ..n ?reforma but pl?ace
tin welfare of their country above ail
else, end uro not in ?sympathy with ?the
Insurrection ?beaded by Madero.
it is urged thai it would be difficult
.?uni embarrassing foe ?President Diaz
t?? attempt t" choose ?between ?the mem?
i??rs ..f the Cabine?!,, and ?thst the rosis;
nation ?.f the ?entire ?body, t.. ?be fallowed
by ih?- appointment of a n?ew ?Cabinet,
ires-fnts the simplest method of Institut?
int: those reforma which the more Intel?
ligent observers of Mexican affairs, even
within the I'i.iz administration, ?recog?
ni/<? t<? i.?? Imperativa
from other ?sourcea ??mus tin- sir^t;?
tion that th.? resignation of th.- Cabinet
in a ?body may prove ?to ?be, in effect, a
?protesi r- snitititr from t?'1, unwilllngnesa
n" th.? Executive t?? adopl such ?reforma
in answer t.. this it is said tint ?such a
step might hav?- been ?taken ?by the more
progressive membera <?( th?- ?Cabinet, bul
th-it. under ?these circumstances, those
r.i. mbera who are ?essentially ?reactionary
would unquestlonsbly have refused t?>
i'?:n with th?ir ?colleagues in an effort to
promote at lion ??n th.? ?part of th?? Execu?
tive which then did noi themselves sp
m th?? Mexican Embassy it was asid
thla evi ning that no newa hsd bet n re
,. i\, ?i ?from Mexico < 'My alnce :i
j?. m., when ??? dlspat?h arrived from
Bcflor Creel, dealing with ? ?purely rou?
tine ?matter snd giving no Indication
w hat ever of a I '.ihn., t crisis
i'i. t?. a ?late hour the ?Departmenl ??f
?State ?had r* ?Ived ?no word of the ?n -i
nation of the Dlas Cabinet? and none waa
expect? i !? fon morning in th?' eh?
?sence of it leasl i conflrmatl-on of the
?report, t! ?? ?:ii,i,ii.s ?declined to speculate
.??: ti?. :-'.? nlflcani e ??f such ?' att p
As Indicating th.- i :? . ? i ehich la
being made in the lirectlon ?if m?eetlng
the demanda of the progressive element
1 m Mexico, attention la call? ?I t.. the Eat I
: th it al ?pa have already been tak< n t?.
? ffi. i ih? . i? ? u ?n nf n? w ?govet nora of
the states of Chihuahua, ?Pueblo and
?. ?an. in all ii:i-.. ..f which proviaional
governors have been appointed and In?
sir i. i. i t<? h?.id popular ? lectlona for the
, selection of ?their au-ccessors as soon us
President Taft Informed.
When -Secretary Norton waa Informed
i ?.f the ?resignation of th' Dlaa Cabinet
I he hurried t?. the White House t?? tell
I Presiden! Taft. The ?Preald nl was at?
ng a musi?cal when he heard the
?Si f ?" ?i? ! i n irra, th- M? ?xl-ran Am
i. ?asador, ai-., inform-ed unofficially, ?said
lie pxpected telegrama from hie ?govern?
ment ? ??i!?-? rning the resignations
'i'i.? renignatl n was not unexpected in
Washington 'i'i- st.it. Department for
some liiia? in- been re-celving private
advict -? .--i' m?-' thai a i h i?u.' v ?v being
contempl?t? .1 bj Pit sid nl I n ax. The
Mexican Ambassador has acknowledged
that such a contlngen y ????s expected
this w?. ; ?a Mexico ?'i"., bul his de?
clined i?? comment on the situation, aa
i? ng an Internal aft ilr.
?Private advl?cea here Indicate that the
rreignstiona of Befior C?orral from the
post of ?Secretary of the Interior, Beftor
Molina from the ?Secretaryship of Public
: Works and ?Seftor Creel from the port?
? folio .?i Minister of Foreign Relations
I will h. act epti ?1.
it ha<i ?been believed here that Sonor
. Limantour might be relieved ??*.' tht i???st
I ol Ministet of Fina m ?? and be n ade
\ \in. i? r ??? Pon ign Affaira i?> au< ci ? ?i
r ? 'r????!. but n waa said to-night
? i nal this pro ha hi j ? till la an open ques
I tion w mi ?Prt sid? nl l "lax ?t Ii nol i on
. iden ?i i?) ? bable that Sef or ( !reel a ill
leavi the I'abinet, ?as it was asid "ti
I.i authority here that the place of
Minister ol Public Works, relinquished
by -Seftor Molina, would l.ffered to
\ man known t.. be In the confidence
i ol Pn sidenl I >Ua ? spn seed the belief
I to-nighi thai th? Cabinet when r-eorgan?
i/. ?i would ?..main Limantour, Creel,
?Leandro F? ? landes and ?Sierra, bul that
? m? n might nol ?.. cupy the same
II ore. He ?said thai St ?'?r
Hi* rrn ??h linlsl i ation of th? l k pai t
? ? nt of Publli In truel Ion and Edu< a
i ion had I ? n regard? ?i aa aboi ?? ? ? naurt.
and i nal a ? h ing? ?a aa nol probable in
.ils ?a ??
GREAT REFORMS EXPECTED
; Insurgents Think Retirement of
Diaz Will Follow.
i . i ,.-.1. Tea, March _i wid? spread
I politl ni ?reforms In M?\?.... ?arith it.- abe
i m.t direct federal control ??f the *ef?
I politl? ??.-. ?" in <*???! , ??i cities and towna
.m.i the eli ? tion i?y populai \ ot? ol go*
oi atati . nr.. seen by the El Paso
revolul lonai y lunta In the anno in? ?
t? om Mi ?si???? ? "It* of thi ? ? '. ?. ition of the
VVht thei th? C ibin-et ? r? tlremenl aould
? ? ? effi i ol alia) Ina i he Ins ?i r-sctlon
the ?revolutionary leaden aould not ?-.,>
I i ? :? i ? ?.. II.? > Mid, t?. aw.ill ,|i ,.
opmenti al the ? apital.
The following ststemenl was laoued:
"H thi m ?i i?? t..,|i i | ? . . ?:. ,., 0f
retiring thi Cabinet it will .-?>..n go further
?stire i ?i .-? it a ill have the result
ultimate!) ol giving t?. the people s Ire?
? ballot, guaranteed indi lh? ? 'onstltutton
of ISSl "
n ?ras Intim?t? i thai Mad? i?> probably
would n?-t lake not! ?? ??i the ? 'abinet .
ition lo thi ? ? ? ??t ? ? aatpg ha
tllltie?, b It would I i.-?1 With hi - plan of
ng m ? federsl ti. Madero, Il wa
?...i i. waa not m a pot Ition to ireal for
: formal ? et ? ? ? nl 11 om
M? m.??? ? '.? m idero i Bghllng for the
ovi rthroa ?.i I ?i ?/.. ?and not m< relj for tht
i.\. rthiow ?>i hla ? 'abinet, n \. ? tld at
llore ii.iii that ??: anj otbei man, thi
i* ilremi nl of Befior Creel wo I I ? ? i.
?bio to th? i i ..,,?' it aa? i trted, for,
when ei O? rnoi f Cl ihu ihuu
? ? had . held ? ?<>n?tbl? foi much
i ? dlsalTectli ? til In that iat<
which Ii in?- ?stronghold ? I lh? revolutionary
m?-\? m? nt
< LIABILITY LAW INVALID
Court of Appeals Decides That
Act Is Confiscatory.
LOWER COURTS OVERRULED
Decision Holds Act Deprives Em?
ployer of Property Without
Due Process of Law.
j Albany, ataren ~4 The compulsory work?
Imen'a compenaatlon law, parsed by the
I i.ecwinttire last year, ??.hi. h provfklea mm
penaation to workmen Injured in retain
?pecina ! dangerous employments, although
aueh Injury occurred through no fault of
' t'?? employer and ?oleljr through the negll?
:. nee ?"?f the workman, waa declared an?
constitutional i jr tin? Court of AppeeJa to?
day. Tire rii'irt hold? that th?* art daprtvea
'. the employer x his property without due
: r.. ? m of law, m violation of the Conatltu?
? Th? i,-,?- was modelled on the Entrust)
! workmen'? compensation aet of ifgf, which
1 has sine?? teen extended to rover every
kin?! ?.f occupational Injury, and was err
acted as i reault ??f th? work of the Wain?
arrigbl Commission which was appointed in
i HOS tu Investigate the working Of the law'
relativ? to . i>*- liability <>f employers for
irnlustrl.il accidenta Judge Werner wrote
th.- opinion, in Which all the nvmhers of
; i be court concurred.
Th?' ni.iin feature of the ?Cl was that it
' required employers Of la! or in certain occu
patl? ns, such a bridge bulldlns, operation
? of elevators, work on ?caffolds, work on
lelectll? Sires, workinc with explosives,
wurk nti railroads and tunnel? ami work
I ?arrii ?i on undereompreasad air, which arc
declsred dangeroua occupation?, to compen
I ?ate their employe? for any injury occur*
ring during th.. course nf i! e work, al?
though such Injury occurred solely through
the negligence of tb? workman.
The rule wiii.ii prevailed IS this ?t?te be
i v tii?. enactment of the atstuts was that
tin- employer ..f labor in any occupation
I was not Hal.le fur accidents or injuries to
I hla workmen unless they were ?lue to some
fault or negligence on the part <>f the em
ployer Snd at the samp time the workman
was Shown to he free from fault 0T Mgll?
gence on his part contril uttng to the acci?
Case Brought by Switchman.
The eise at issue uns that of t'arl Ive?,
a switchman, a | a i n s t th.? South Buffalo
I Croaatown Railway Company. Ivea was
! injured whil.- at Work ami broupht a? flon
for dsmages, alleging in his complaint that
he was injured solely by reason of a necea?
ssry risk ?.r dsnger "f his employment
'ii,.. compsny admitted thi facts, hut al?
leged th? BtStUte under which the action
was brought was urn ons'ltutional. The
spclal term Upheld th? validity of the art,
and it was ais.i upl,< Id by the appellate
dlvtaton, tut by a divided court.
Although admitting th?- ?trength ?>f 'tie
economic and ?oclological argument? ad?
? i ? .?i in ?upport ??f the atatute, Judge Wer?
ner hold? that "under ?.ur imm ?if govern?
ment court? must regard ail econon ic,
phiius..pi leal ami moral th?orisa, hosrevar
?ttrsctiv? and desirable they may i..-. aa
aubordinate t.? the primary Question
whether they can be moulded int.. si.?tu;, s
with..ut Infringing upon the letter or spirit
of our a ritt, n . onatltutions."
in iii.it respect he aaya, w? are unlike
any "i tin.inities whose industrial laws
are referred to aa model? for ?.ur guidance.
i' ctically ail of th.s.. countrie? aro ?o*
calied constitutional monarchiea, in which.
n England, there is no written conetl*
tutlon and the Parliament or law-making
body is practically supreme, in our ?oun
try the federal and ?tats constitutions are
t.'hartera which demark the extent and
th? llmltatl .ns ?.?' leglslaUve power, an?l
while it |< (rue that the riiridity of a
1 written constitution may at times prove a
hindrance to the march ?.f progreca, yet
in.ue often its stability protects tin? people
agalnal lb? frequent ami violent fluctua?
ti?.ii of that which, for ?rant of a better
name, w.? i al] public .?| Inlon.
Old Doctrine Abrogated.
Th? opinion points out that the effect of
th>. ?nt la m abrogate what is known aa
th.. "fellow servant" doctrine, and also the
"'contributory negligence" rule, both ">
which have heretofore been well settled in
th? Jurisprudence <>f thU st.ite and coun?
try, hut both of Which the Legislature
? aa pow?er to abollah, ? m th.? p..wer of
the Leglelatur? to classify certain occups?
liona ..s dsngeroua, Judg? (Venter sa>s:
"There .an be no doubt Last ail of the
oecupationa enumerated in the atatute are
m..m or les? Inherently dangeroua to a de
gree which Justifie? such legislativ? regu
latlon as is properly within the scope of
tii.? p..Ii..? power," .aid therefore the CUM*
aiflcatJon of dangeroua ?.'-. upatlona adopted
by the act is net open lo criticism.
The opinion ?IIS' Usses at length those
portions of 'he statute which are regarded
,i - clearly or probably within the legisla?
tive p..wer. not becauae they hem- any
necessary relstlon t" trio ult?mete question?
which lti'is" control the decision, hut he?
in u.-t?, as Judge Werner ?aya:
"We entertain .m ?srnesl desire to pr??
tent no purely technical or hypercritical
? , lea i" any plan for the beneficent
reformation of a In.m,ii nf our jurlspru
dence in Which, it must he ???needed, re
tin in is a consummation devoutly to be
With reference; however, to the change
in the law by Which the employer is made
; liable for mi irles resulting from the risk
? or the biudnesa without his fault, the court
take.?- a different ?lew and holds that the
(Cl lu 'lis respect deprives the employer
,. property wlthoi t ?in?' procesa ?if law.
m vi.dit'.m of ih?- federal and state eon?
.111.?fie Werner says tin re cm he no doubt
i t . i in- theory of the law. The present
?yatem Is describe? aa "uncertain, un*
. fie snd Wasteful." a system which
?,, ?? ? i rplrtt "t ?ntsgonlsm between
employer snd employa, which u |a to the
Interesta of th?? st.it?- to remove."
?\\. bave already admitted." he add?,
? tl . strength Of this appeal to a recognized
?and widely prevalen) ?entum-rit, but e/e
! think n I? au appeal that must be made to
th.- people and nol t?? the curt.-" Tue
n.-hi ,,i property, th?- court holds, has its
foundstlon In the fundamental law, which
can be cl ingad by th.. people and not by
;. g| ?latU ? i h-. COUri piSlaeS the work
0) ti,,- V. linWl ' ?'?.minis, ."ti
Th.- ?i?tdsion la re?r irded as on?? of th<*
moat Important handed down by the ?'ourt
oi Api esla ?n recent i ears
HOPES DECISION ISN'T FINAL
? Wainwright with Others Hints at
Appeal to Supreme Court.
Senator ?? Mayhes Walnwrigbl aatd last
night .n regard t.. the de? | ion of the Court
?if Appeal? "ii the compulsory compenaatlon
? i n he did nol f? ?I thst th? ?!? claion
should be laketa aa nnal ih ?aid:
The quiflctlon Involved In the decision is
,,i i- i, great Importune? not only from
a (ate bul from a national point of i lea
,,,,i i,,,- decision la baaed upon a ground so
';. n.i.iiii m ?i to the a bole question of
workmen'? compenaatlon that I do not feel
,i,,. ,!, , don "i the ? o irt ?hould i?-- as*
, ,,i.. i as i finality until it has been re?
vi, by the ta ipreme Court of the United
\ Itm ng that the extracts of the opin?
ion ,, ihown t?? me ate correct, it would
;.,.in Impoaalbl? for us t,, adopt any of
the ?y?tems >?f a-orkmen'a compensation
,,, ndemnlty for Industrial scctdeni which
i,, u pi? vail In ail ti ? u.? r . ivii/.ed coun
nl He v. . t :.l : d ? -it of in am iidmeiit
(o th?' Conatltutlon ..i tin- United States
\ . mbl) m m i 'j i as W. Phillips saM on
i,.i Ih? ?'? i Won
I 'ih.. ?b..isi..ii ?.f the Court o? Appas Ig u
final ami make?- ft apparent that the only
Way In whir h tht? principle of compensa?
tion ein be adopted is by a voluntary plan
under the art pass-d last winter, which
Increases the liahlllrv of the employer ror
negligence and provides an optional plan
of compensation The increased ?*n?Pjf'>'?*ri',
liahllitv under this art can stand the test
of the Constitution and, under the decston
Just rendered, be increased so as entirei?,
to abrogate the fallow servant rule ana
the defence of contributory negligence.
The opii.mal plan provided In the statute
ought to l?e am? n?led so as to make it more
workable than the ?ne passed last winter
It is alonK the*?? lines that I expect tne
Legislature to art. and ultimately the prin?
ciple of ,-nmt.ensatlon frr all injuries WIUJ*
out the litigation and unrertalnty of tne
employers llabllltv act Will be brougnt
abf.ut by the adoption of the optional pian
bv both employers and emt?l'?>es
Phartes Hughe?, former chief casualty
expmiaer for the Hew York Insurance De?
partment and now manager of the Work?
men'? Compensation Service and Informa?
tion Rureaii, which was organized oy the
casualty companies to compile statistics
and furnish information to the various
???t?te commissions now engaged in framing
iwntkmen's compensation laws, explained
?last night that lh? derision of the ?New
?York Court of Apjvals did not apply t'i the
?amended liability law pSSBSd last winter,
known as the Phillips art. Ho said:
The law declared unconstitutional Is the
Walnwrlghl act. The , a>e involv?sd, that
o? ?Bari Iv?s against the .South Buffalo
Railway Company, t?sted th.- ?constitution
Sllty of Chapter ?74 Of the Laws of IMS.
wl ich is an a.-t to provide workmen's com
IpersatJon in certain dang??rous ?employ
menta The employers' liability lew of Veit
[is known as Chapter tht, and extends the
liability of employers practically as follow.-?:
Piral By increasing their liability in re?
spect of an accident caused by any person
Intrusted with any remblance of supertn?
Sei?.ii'l My extending their liahllitv to
???.ver accidents to employes of contractors
or sub-contractors causod by any defect in
the condition of the ways, works, ma?
chinery or plant, if they are the property
of the employer or are furnished by him.
Third?By making it practically Impos?
sible under the law to plead an Improper
notice of accident
Fourth-My practically doing away with
the defence of assumption of risk.
Fifth- By transferring tlie hurden of
proof of contributory negligence from the
employe to the employer.
? bave not seen a copy of th" derision,
hut understand that 1- Is largely based 00
the question of whether Chapter ?"I takes
property without ?lie pr??(???-s of law. it
has nothing to do with Chapter tnX
It may lie that this ??as?- will he appealed
to the Supreme I'ourt of the United States,
in which ease, ?.f course, the right of
workmen in certain dangerous employ?
ments for compulsory compensatioi f??r in?
juries will he in ?lo'.iht until a ?le, Islon is
given bv that court. .So far as I knew, the
constitutionality of the liability law, Chap?
ter 152, has not h??? n questioned.
In H?l?-lit|on to mrreaslng the liability of
th?' employer, the |aw provides further for
a scheme wherein- the employer and the
employed may, if they so elect, enter Into
an agr?ment " that the workman shall rc
celve stated compensation.
NEW BILLS AT ALBANY
One Forbids Impersonation of
Deity on the Stage.
[Bj fttegtajh to The Tribun".]
Albany, March 24. A hill, marked "by'
request." prohibiting the impersonation of
the Deity In theatres or other places was
Introduced to-dsy by assainblfmas Foiey.
It WOUld also prevent the use on the stage
Of a namo which js reasonably referable
to the Deity. Any violation Is made a mis
demeanor, punishable by 'ho forfeiture of
the license by the owners or managers of
the f.I.ir.-s where til" offence Is ?ommittod.
Assemblyman Hackett Introduced a hill
ir. : rea sing from thirty to thirty-three years
the maximum ace limit to which appoint?
ments may be made to the position of pa
trolmaa In the New York Police Depart?
ment or to membership to the New York
A measure by Assemblyman A. .T Levy
WOUid require the Board of IMucation of
New Y? rk City to furnish free eyeglasses
or ?spaetaeles to pupils in the ?public schools
?m certlflcate from th.? principals that such
are needed. The i?iii would requir*? the
Board of Estimate and Apportionment to
rai.-e }*ir..?"?0) annually for the purpose.
Assemblyman Lansing introduce?) a bi'l
appropriating Jl!?0.??>i for constru?tlng a
state road fiom Troy to th..- Massa??husetts
The Trombly bill appropriating $l.?0O,<y)0
for completing a state road from New
York to House's Point was advanced to
thltd ?reading in the AssemMv.
OSBORNE APPOINTS G. P. DECKER.
Albany, March 21.-Thomas M. Oshorne.
Slate Forest, I-'ish and (lame Commissioner,
has appointed ex-Deputy Attorney General
George P. Deiker, of Ho,-bester, as counsel
to the commission. The office pays an an?
nual salary of il...i\
Mr. Decker has been engaged on sperfal
legal work in the executive department.
Me su?t*ceeds John K. Ward, of ?Salamanca,
who resigned following the investigation
into the affairs rt the Forest, Fish and
Game Department ordered by Governor
LUQUE REPORTED MURDERED.
Laredo, Tex., Marr!? 24 -Armv circles in
Nueva Laredo to-night ?are without infor
math n ronrerninc a report that Genera!
Lunue. in command ??f the Mexican federal
forcea beleaguered in ?"Mlnaga. was mur?
dered recently end hs body sent to ('itnlad
Porfirio Diaz. .Mexico_
m $1,1 ON AU
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
criarse of vet ?hi ne and gauging, was
the chief wltnes- for the government
yesterday at a hearing before II. hs>
Somerville, nf the Hoard of United
States (leneral Appraisers, on the rom
pin int of Ban, Rat?iif> & Gretton, Ltd.,
?if Trent, Knglnnd. that the government
did not allow them B sufficient margin
for leakage on their Imports of ale.
The firm, which controls the manu?
facture of Pass's ale and Its shipment to
this country, nintendi'd that the order
issued by the .'?. retary <.f the Treasury
In IM9, stopping ;tll further allowances
for outage or wantage on imported ale?,
Th.? ?ailing of Mr. Tarr disclosed th?**
fact that the government had heen con
ducting a thorough investigation into
the matter. Although no intimation was
made of it during the hearing yesterday,
it was learned that Mr. I'arr had dis?
covered enough facts to lead htm to he
lleve that tii.? governnv-nt. ?rlthi.*
through complicity of gangers or through
errors in gauging, has heen deprived of
at hast tSKMMMW in duties on ale prl r
to his taking charg? of the division. In
It was also intimated that Mr. Parr
may later present the results of his In*
vesllgation to Henry A. Wise, United
.Hates Attorney, showing that through
collusion between some importers and
gangers unduly large amounts were al?
lowed for outage and wantage on some
Counsel for the importers said that
owing to fermentation considerable out?
age took pi.:? o hetween the time of till?
ing the receptacles in Kngla id and their
? x.-unir.ati.in h?-re. He said that this loss
was suiistantial 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, ha
said, were provided with .?-mall opening?
to permit the escape of gas, and much
liquid was lost through this arrange
In reply to this Mr. Parr said that after
many examinations in this city and In
Boston h?- had found practically no out?
age In the ale casks, and some of them
| contained more ale than was branded on
the ?ask. He added that he had found
I the ale "perfectly still" and that them
were no signs of fermentation.
Prior to the ruling of the Treasury
Department in 1909 ?a flat allowance of
three gallons on each hogshead waa
made to the Importers of alps. In many
cases the gangers reported an outage?
exceeding this provision, and a special
allowance was made on their report.
The hearings before the Hoard of Gen?
eral Appraisers are to decide whether th?*>
demand of the importers for an allow?
ance should he upheld ??r denied. The
decision is expected within a month.
Ihe testimony given at the hearings,
however, ( an he made the foundation of
an inquiry by the government into the
practice.* followed by gangers and lm
! porters during the period when allow?
j anees for outage were made. **?-*.
| BRODERICK FOUND NOT GUILTY
; Chicago Saloonkeeper Charged with
Buying Votes for Senator Loriraer.
Springfield, ill., March 24?State Senator
John Rroderl? k, a Ctu*>?e)8 Democratic
leader and saloonkeeper, was four.d nor.
guilty hy a Jury In the Sangatnon ?'ounty
?'ircu t ?,,'ourt this afternoon. The .fury waa
out tarent*** minutes.
Pmderlck was chsrgad with btft??ary In
connection with the ??lection of United
States Senator William I.orimer. Testimony
was heard at the trial that he had given
J2.y-0 to rx-State Senator D \Y. HolstlaW.
of Iuka, In ?-onsideraMon of th?. Iuka Sen?
ator's vote for I.orinier. RotatlS? testified
the money was paid in Br?>derl.-k's saloon
Is Showing a Special Model of Men's
Tan Calf Blucher Shoe at $5
that embodies some special style features combined
with extra wearing qualities. The largest stock
of men's fine shoes in New York is here at your
SIXTH AVE. AT 19TH ST., NEW YORK
For Cakes, Puddings and Desserts
acknowledgments from Wells top & Co. Express
To our customer* for their patience and consid
eratfon in tht? sympathetic strike now over, to the
public for it? support, to the Municipal authorities
for effective maintenance of law and order, and to
those loyalgiiul capahle employes in great number
who uever fail us, the Company takes this oppor?
tunity of conveying its hearty acknowledgments and
WELLS FAKti'J & COMPANY.
New York, March 84, li>ll.