Digitized by tine Internet Arciiive in 2010 witii funding from Tine Library of Congress littp://www.arcliive.org/details/mexicosdilemmaOOacke Nufti: Dla 4.00 SERVICIO CONSULAR MEXICANO CONSULAbO GENERAL EN NUEVA YORK PASAPORTE GRATIS (Para los i FILIACION: Napionalidad Anerioanas Edad 27p . afioa. Conc^ese Hbte y segtlro pasaporte a 1 3^. Carl W. Aokerman Estado . ^^ 2^ ado. Profesi6n. Estatura wed II .1 ^~" Colo r T) Ian 00 •^ Ojns azulea. f^ T>elo oaatanp . / /^reaponaa l. para dirigirse .. l a cludad da .Mexioo Via Laredo Barba_ afaltada. ^ ■^ Sefias paiticiilares nlngunaB, /A ^ --— ^ Personas que lo acompafian y se suplica a las autoridades civiles y militares, que no le pongan obsticulo. Nueva Vnrl. MEXICO^S DILEMMA CARL W. AGKERMAN Cisai A MEXICAN cartoonist's VIEW OF SENOR CABRERA^ ONE OF THE MOST DOMINANT CIVILIAN OFFICIALS MEXICO'S DILEMMA BY CARL W. ACKERMAN AUTHOR OF "GERMANY, THE NEXT REPUBLIC ? " ILLUSTRATED NEW YORK GEORGE H. DORAN COMPANY COPYRIGHT. 1918. BY GEORGE H. DORAN COMPANY MAY -4 1918 COPYRIGHT, 1917, BY THE CURTIS PUBLISHING COMPANY COPYRIGHT, 1917, BY AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE PRINTED IN THE UNITED STATES OF AMERICA ©C!,A487163 INTRODUCTION Mexico's Dilemma has three horns. They are : 1. Financial ruin of Mexico and internal disorders unless a loan is obtained. 2. The possibility of subjugation to German influ- ence with all of its liability for external strife. 3. Co-operation with the United States, England, France and America. What will Mexico do? The answer is one which future events will de- termine. In this book the author has tried to tell what forces and influences are sharpening each of the three horns. There are bandits, disloyal Mex- icans, ambitious officials, patriotic citizens, honest business men, Teutonic intriguers, spies, propa- gandists, diplomats, millionaires, army officers and I. W. W. firebrands at work. Is it any won- der, then, that Mexico finds herself in such a Dilemma? Mexico has always been a home and workshop for foreigners. Several thousand years ago the Chinese settled in that country and, judging from the relics which are found to-day, in and about Mexico City, Chinese civilisation flourished there for a few hundred years. Terra cotta relics are found showing an unmistakable Mongolian type vi INTRODUCTION of face, and, because a large mimber of art ob- jects similar to those found in China have been unearthed, archeologists conclude that Mexico was once the foreign colony of the Chinese. After the Chinese civilisation disappeared the Aztec and pre- Aztec Indians dominated the land. A few hundred years ago the Spaniards landed and Mexico passed through a period of conquest which ended with the execution of the Austrian, Emperor Maximilian. And to-day, in Monterey is preserved the rifle which was used at this ex- ecution, preserved even by the Eebels during the revolutions. A few decades ago English, French and Ameri- can capitalists went to Mexico to develop the wonderfully rich resources, and Mexico under President Porfirio Diaz became a great, inter- nationally respected nation. The revolution which overthrew Diaz drove thousands of these foreigners from the country, and the immigration of Germans and Austrians, which had started earlier, increased until to-day the Teuton strength is so great that Mexican politics is interwoven with German intrigue. Where a few years ago The Mexican Herald, an English language newspaper, had a wide circula- tion and commanded the respect and attention of all foreigners, there is to-day a Deutsche Zeitung von Mexico. Germany is active in Mexico, honestly and dis- honestly. The character of many of the German INTRODUCTION vii citizens there cannot be attacked and their hon- esty cannot he questioned, hut, as is the case in the United States and in all countries where the German Government intriguers have worked, all Germans in Mexico are hearing the burdens of a corrupt, dishonest, deceitful government in Ber- lin. Most of the things which the Germans are doing there, both against the United States and against Mexico itself, are done at the direction of Berlin. Who would have expected Mexico to think of invading the United States to **get back** American territory until it was suggested to the German Minister in Mexico City by Dr. Alfred Zimmermann, former Secretary of State? What honest, intelligent Mexican favours war with the United States when there is nothing to gain for Mexico except flattery from Berlin? What capable Mexican business man, or govern- ment official, favours labour riots at Tampico to cut off the oil supply which is bringing millions of dollars to the Mexican Treasury? What is there for Mexico to gain if the oil wells and mines are destroyed? Mexico loses by such things and Berlin gains. When I returned from Germany to America in March, 1917, 1 found so many people asking what the Germans were doing in Mexico that I pro- posed to the Editor of The Saturday Evening Post that I go to that country for the purpose of making an investigation. It seemed to me that public opinion in the United States was divided ; viii INTRODUCTION that some people thought the German activity in Mexico was no greater than, if as great as, that in the United States, while others believed it much more portentous. In July, having my two passports in order, as both an American and a Mexican passport were needed, I left New York City for San Antonio, Texas, where I met and talked with a large num- ber of Mexicans, including Mr. Sam Belden, the attorney for the Mexican Consul; Senor don Manuel Amaya, Official Introducer of Ambassa- dors in President Carranza's cabinet; General Salinas and a Mexican physician from Monterey. I remained at San Antonio until Ambassador Henry Prather Fletcher and Mrs. Fletcher ar- rived en route to Mexico City. Upon the invita- tion of Senor Amaya I travelled on the special train which took Mr. Fletcher to the Mexican capital. I crossed the International Bridge with the official party and drove through the dusty streets of Nuevo Laredo to the railway siding where the train was waiting. That evening, after consider- able delay — ^bandits had destroyed a bridge just outside the city — reached Monterey, in company with Mr. Randolph Robertson, Acting Consul- General for the United States, and several Mex- icans, including a Captain attached to the National Palace. The next day the train stopped at San Luis Potosi. Ambassador and Mrs. Fletcher were en- INTRODUCTION ix tertained by General Barragan, the Governor of the state, and his staff. At the banquet I sat be- side Senor Montezuma, a direct descendant of the famous Indian chief. From San Luis Potosi to Mexico City we passed through a beautiful stretch of country under armed escort. In Mexico City I met members of the cabinet, Mexican Generals, members of the Chamber of Deputies, American and English business men, bankers, newspapermen and others. I employed a young Mexican student from the University of Texas as an interpreter, journeyed about the city and the suburbs, and studied, in every way possi- ble for me, the social and political conditions in the capital of the Eepublic. Before I left the United States I had encoun- tered two classes of citizens, those who had faith in the possibilities for good of the Carranza Gov- ernment and those who violently opposed this government. In Mexico I found quite the same situation. Not only were the foreigners divided in opinion but the Mexicans themselves, though here those opposing the government were not as pronounced in the expression of their judgment for fear of Article 33 in the Mexican Constitution. This article reads : "Foreigners are those who do not possess the qualifications prescribed in Article 30. They shall be entitled to the rights granted by Chapter I, Title I of the present constitution; but the ex- X INTRODUCTION ecutive shall have the exclusive right to expel from the Republic forthwith and without judicial process, amy foreigner whose presence he may deem inexpedient. ''No foreigner shall meddle in any way what- soever in the political affairs of the country." From this section developed the phrase "to be Thirty-threed," meaning to be exiled without trial or hearing, from Mexico. From Monterey I travelled to Tampioo on the regular morning train which was crowded with Mexicans, Indians and Germans long before the hour of departure. Most of the Germans left at towns along the line, but a few continued to the great oil port. In Tampico I had the assistance and the same cordial co-operation from the Americans, espe- cially the representatives of the oil companies, that I had had in Mexico City. As I look back now upon my contact with the Americans in Mex- ico they appear to me to be, with only one excep- tion that I can recall, all active, energetic business men, who, far from being in that country to ' * rob" it are there working and striving for the same things that business men, bankers, clerks and labourers honestly strive for in the United States. Early one September morning I boarded a large oil tanker in Tampico harbour, crossed the Gulf of Mexico to Sabine Pass, Texas, when that great body of water was as quiet and smooth as a small INTRODUCTION 3d lake. Arriving in Texas, and looking back upon my experiences in Mexico, I felt that I had had an opportunity of studying conditions at first hand, not, indeed, as they were during the revolution, but as they were then. Nothing, though, that I know of changes like Mexico. What one day is the situation the next day may not exist at all. In the first article which I wrote for The Satur- day Evening Post 1 spoke of the two policies which faced Mexico : either Mexico could join the United States and the Allies, at least to the ex- tent of breaking diplomatic relations with Berlin, or Mexico might stay out of this league of nations and by so doing give the German propagandists further opportunity of creating hatred, suspicion and fear between Mexico and the United States. In case of the latter event, should it continue long enough, no one can be sure that Mexico, under German influence, may not some day be an enemy of the United States. That is what I wrote in July, 1917. By mid- November, the former Associated Press corre- spondent in Mexico City had reached New York. A letter from Mexico stated that he was exiled because he wrote a series of articles for the "A. P.," telling of the campaign which the Ger- mans were conducting, in co-operation with the bandit leaders, to prevent the Carranza govern- ment from breaking with Berlin. The letter, which I received, said the correspondent, whom I had met while I was there, was tapped on the xii INTRODUCTION shoulder one night by a secret service agent and told to leave the next morning for the United States. So it is in Mexico. Zimmermann is not alone in his intrigues. With the sincere hope that this book will help Americans to understand Mexico as it is I sub- mit it to the reading public. Everything, includ- ing future peace between the two nations, Mexico and the United States, and their mutual pros- perity, depends upon our having a full under- standing of the situation. This book does not pre- tend to contain all there is to be known about Mexico to-day but the author believes it to pre- sent a true account of conditions and politics in Mexico at the time of its writing. I have employed in this book the major portion of five articles written for The Saturday Evening Post to which I have added considerable new ma- terial. I am indebted to so many Americans and Mexicans for assistance and information, some whose names might be mentioned, others whose names cannot be given, that I welcome this oppor- tunity to thank them all. C. W. A. CONTENTS PAGE Introduction v The Zimmermann Note xviii CHAPTER I. A Bird's-Eye View 19 II. The Mexican Puzzle 24 III. Rebels and Revolutions 48 IV. Germany's Ally at Tampico .... 68 V. The Last Spy Offensive 98 VI. Rising or Setting Sun in Mexico . . . 117 VII. The Future 136 Appendix 141 A. Financial Bills 143 B. The New Mexican Constitution . . . 153 C. Mexican Railways 264 D. The American Chamber of Commerce . 273 E. The Last Mexican Election .... 279 zii! ILLUSTRATIONS A Mexican Cartoonist's View of Senor Cabrera Frontispiece PAGE Mexican Villagers Who Turned Out to See Senor Fletcher |28 Ambassador Fletcher's Military Escort . . 28 Cover for the German Newspaper of Mexico 36 This Was at One Time a Beautiful Residence 52 The Famous "Saddle Mountain" of Monterey 52 The U. S. Warships at Anchor in Tampico Harbor 70 An Oil Gusher at Tampico 70 The Gusher of the Cerro Azul Oil Well — 600 Feet High 80 Another View of Germany's Leaders . . , 100 Cover Cartoon of Ambassador Fletcher . . 112 Terra Cotta Heads Found by Prof. Niven . . 122 An Aztec Family Tree 122 Professor William Niven 132 List of the Presidents of Mexico, Gen. Porfirio Diaz to Lie. Francisco Garbajal .... 162 XV xvi ILLUSTRATIONS List of Presidents of Mexico, Eulalio Gutier- rez TO C. Venustiano Carranza 178 The Ruined Railway Depot and Freight Cars AT Monterey 266 A Typical Mexican Railway Train .... 266 MEXICO'S DILEMMA /^cv THE ZIMMERMANN NOTE Berlin, January 19, 1917. To His Excellency, the Imperial German Minister to Mexico. On the first of February we intend to begin unre- stricted submarine warfare. In spite of this, it is our in- tention to endeavour to keep tbe United States of Amer- ica neutral. If tbis attempt is not successful, we propose an alli- ance on tbe following basis with Mexico : That we shall make war together and together make peace. We shall give general financial support, and it is understood that Mexico is to reconquer the lost territory in New Mex- ico, Texas and Arizona. The details are left to you for settlement. You are instructed to inform the President of Mex- ico of the above in the greatest confidence as soon as it is certain that there will be an outbreak of war with the United States, and suggest that the President of Mexico, on his own initiative, should communicate with Japan suggesting adherence at once to this plan. At the same time offer to mediate between Germany and Japan. Please call to the attention of the President of Mexico that the employment of ruthless submarine warfare now promises to compel England to make peace within a few months. ZiMMERMANN. MEXICO'S DILEMMA CHAPTER I A bied's-eye view PRESIDENT LINCOLN'S words on Mexico, sent in the form of instructions to the United States Minister in Mexico City, true as they must have been more than fifty years ago, are just as true to-day. "For a few years past the condition of Mexico has been so unsettled as to raise the question on both sides of the Atlantic whether the time has not come when some foreign power ought, in the general interest of society, to intervene, to establish a protectorate or some other form of government in that country and guarantee its continuance there," wrote the Presi- dent. He continued: ''You will not fail to assure the Government of Mexico that the President neither has, nor can ever have, any sympathy with such designs, in whatever quarter they may arise or whatever character they may take on. . . . ' ' The President never for a moment doubts that 19 20 MEXICO'S DILEMMA the republican system is to pass safely through all ordeals and prove a permanent success in our own country, and so to be recommended to adop- tion by all other nations. ''But he thinks, also, that the system every- where has to make its way painfully through diffi- culties and embarrassments which result from the action of antagonistical elements which are a legacy of former times and very different institu- tions. "The President is hopeful of the ultimate tri- umph of this system over all obstacles, as well in regard to Mexico as in regard to every other American State ; but he feels that those States are nevertheless justly entitled to a greater forbear- ance and more generous sympathies from the Government and people of the United States than they are likely to receive in any other quarter. . . . *'The President trusts that your mission, mani- festing these sentiments, will reassure the Gov- ernment of Mexico of his best disposition to favour their commerce and their internal im- provements. "I find the archives here full of complaints against the Mexican Government for violation of contracts and spoliation and cruelties practiced against American citizens. It is not the Presi- dent's intention to send forward such claims at the present moment. He willingly defers the per- formance of a duty, which at any time would A BIRD'S-EYE VIEW 21 seem ungracious, until the incoming administra- tion in Mexico shall have had time, if possible, to cement its authority.'^ How many Americans there are to-day who feel as apprehensive as did President Lincoln! How many Americans ask to-day whether the United States may not have to intervene in Mexico, after all, to help establish peace and order! In his International Law Digest, Professor John Bassett Moore, former Counsellor of the State Department in Washington, writes : *'0n November 28, 1876, General Porfirio Diaz issued a proclamation announcing himself pro- visional president of the Eepublio of Mexico, under the Plan of Tuxtepec. On January 19, 1877, intelligence having been received at Wash- ington of the defeat of the forces of the rival claimants Secretary of State Fish suggested that if this should be confirmed by similar tidings re- ceived at the City of Mexico, General Diaz 'would have no important adversary in arms and might be regarded as the actual ruler of the country.' The question of recognising his government was under the circumstances left to the discretion of the American Minister. In view, however, of the unsettled state of affairs in Mexico, and especially of the existence of controversies between the two countries growing out of troubles on the Rio Grande frontier, it was afterwards determined S^ MEXICO'S DILEMMA that the Government of the United States, al- though it was ' accustomed to accept and recognise the results of a popular choice in Mexico,' would in this particular instance 'wait before recognis- ing President Diaz as President of Mexico until it shall be assured that his election is approved by the Mexican people, and that his administra- tion is possessed of stability to endure and of dis- position to comply with the rules of international comity and the obligations of treaties. ' The Diaz Government was officially recognised by Germany May 30, 1877, by Salvador and Guatemala June 7, by Spain June 16 and soon afterwards similar action was taken by Italy. These were all the powers then represented in Mexico, except the United States. In his annual message of Decem- ber 3, 1877, President Hayes stated that it had been 'the custom of the United States when such (revolutionary) changes of government have here- tofore occurred in Mexico, to recognise and enter into official relations with the de facto government as soon as it shall appear to have the approval of the Mexican people and should manifest a disposi- tion to adhere to the obligations of treaties and international friendship,' but that 'in the present case such official recognition had been deferred by the occurrences on the Eio Grande border.' "Official recognition was given in May, 1878, when a formal reception was tendered to a new minister from Mexico and the President formally A BIRD'S-EYE VIEW 23 replied to the letter of General Diaz announcing the recall of the provisional representative." The events which followed the recognition of President Diaz are familiar enough. The story of events from 1910, from the overthrow of Diaz to the recognition of the de facto government of President Carranza, has been told in many ver- sions. The past I shall leave to the reader's judg- ment. My concern is with the present. CHAPTEE n THE MEXICAN PUZZLE TROUBLE and revolutions are two things which can be started without money. It doesn't require money to start a street fight nor does it require gold to upset a nation. This is not more true of any place than of Mex- ico. The seven years of strife which the people south of the Rio Grande have had are not due to a fat treasury. But Mexico has reached the place now where it knows that money is necessary to end a revolution. More than a century ago when France was ex- periencing the internal disorders which infest Mexico a revolutionist remarked that ** Revolu- tions are not made with rosewater." To-day the Mexicans will tell you that the evils of a revolu- tion are not washed away with perfume, either. This requires money. Early in the summer of 1917 the Mexican Gov- ernment invited Mr. Henry Breure, former City Chamberlain of New York, and two expert ac- countants, including Mr. Thomas W. Lill, who spent nine years helping to reorganise the Philip- pine Government, to establish business methods in 24 THE MEXICAN PUZZLE 85 the governmental departments. One day in July the American commission went to Guadalajara, the centre of the ranch section, with an official escort of Mexicans. After dinner one evening an American asked a representative of the Carranza Government what the revolution had accomplished for the Mexican people. The officer explained what he thought the results of the revolution would be, but the American pressed him for an answer to his original question. Eeluctantly the officer admitted that, so far, nothing had been accomplished. Mexico has reached the crossroad in the path of the revolution. Since 1910 she has had nothing but trouble and although it was not begun with money it has cost the government and the people millions of dollars in gold and property, thou- sands of lives and the loss of her international prestige which cannot be measured in pesos. To- day most of the fighting is at an end. There are bandits in some sections of the Republic, but their raids are becoming fewer each month. Mexico City, itself, is as busy and active as New York, but there is a financial crisis, which, although not evident upon the surface of things, is destined to mark the climax of the revolution. I arrived in Mexico in July to look at the politi- cal, economic, social and revolutionary puzzle from the inside. I saw many phases of it in Monterey, San Luis Potosi and Mexico City, this puzzle which is still puzzling Mexico. I have been 26 MEXICO'S DILEMMA told that not even President Carranza knows how it will be solved, although at least two solutions are possible. When I crossed the international bridge at Laredo, Texas, and sauntered through the streets of Nuevo Laredo, a midget donkey, carrying a long-legged peon, trekked around the corner of the telegraph office. The Mexican had to hold up his feet to keep from dragging them in the dust. The beast was so small, and the man so tall, that head down it might have walked between his legs. Jostling behind the pair was a small "express" wagon such as American boys play with. It was loaded with grass, sufficient for about one meal for a hungry donkey. A string which the peon held was tied to the wagon tongue. And the beast was thus, presumably, hauling its load and food to the hovel which was their home. I described this incongruous sight to an Ameri- can who was en route to Mexico with me, where- upon he remarked : ''How typical of Mexico to-day — the old Bibli- cal ass, the American toy and the lazy peon. Since the revolution all the progress Mexico made under Diaz has disappeared. Mexico to-day is stagnant. ' ' A few minutes later, however, I went through the Nuevo Laredo freight depot with Mr. Ran- dolph Eobertson, U. S. Vice Consul at Monterey. Automobiles, food, machinery, household goods and thousands of different manufactured articles THE MEXICAN PUZZLE 27 from the United States were packed within its four walls awaiting transportation to various parts of Mexico. More than two hundred Mexi- cans were busy loading the freight cars on the siding. In Laredo, Texas, according to American oflScials, there are 250 freight cars loaded with goods for Mexico awaiting shipping facilities. In Monterey during April, May and June the American consulate records show that the im- ports and exports of that district were greater than at any time in the history of Mexico. According to the evidence in Nuevo Laredo and Monterey, Mexico is not only not standing still ^ut is making vigorous business strides forward. There are three ways of looking at Mexico. One is to view the past with all its rape, murder, robbery and banditry ; its destruction and misery. The second way is to observe the present with its grave problems, its ignorance and hatred. The third way is to peer into the future with its un- limited possibilities for ruin or success. I was not in Mexico during its Eeign of Terror, but I saw some of the results — the razed cities, the de- stroyed railroads and foreign property, the pov- erty and evidences of atrocities. I went to Mex- ico to report the present and to narrate in a broad way what may be expected in the future. It is the to-day of Mexico which will determine the to- morrow, and it is the to-morrow of Mexico which will decide whether Mexico is to be ruled by Mex- icans or whether the United States must intervene 28 MEXICO'S DILEMMA to establish order and protect the business inter- ests of her citizens and those of her Allies. I went to Mexico on the Honeymoon Special which took Ambassador Henry Prather Fletcher and his bride to the ancient capital of the Aztecs. From the sandy banks of the muddy Eio Grande to the rainy plateau of Central Mexico Mr. Fletcher travelled like a conquering hero. In the receptions which were accorded him, if they were not as resplendent as similar functions in the United States, there was evident a good-will and there was present more enthusiasm than had been shown any Americans since the days of Diaz. Mr. Fletcher's return was triumphant despite the fact that the military salutes were crude and the music even cruder. When the Ambassador crossed the international bridge a Mexican cannon, hidden in the bushes of Nuevo Laredo, saluted, but there was a long time between shots. As the official representative of the United States he should have received nineteen salutations instead of five, but the ambassador was so busy exchanging greet- ings he did not notice this until I asked him whether the embargo had been raised on ammuni- tion for saluting purposes. It seems that because of the famous Tampico incident the Mexicans are not permitted to have fireworks. Although the first band which greeted the envoy played the "Star-Spangled Banner," the others confined their music to Mexican pieces until the train reached Queretaro. Then during an effer- ilEXICAN VILLAGERS WHO TURNED OUT TO SEE SENOR FLETCHER AMBASSADOR FLETCHER'S MILITARY ESCORT THE MEXICAN PUZZLE 29 vescence of enthusiasm, when the ambassador was being hugged by an unusually large number of Mexican officials, the band played the Hesitation Waltz. One travels through Mexico to-day with an ' * exploradoro. ' ' Bandits are still operating along the railroad lines and it is not safe to be without '^protection." The '^ exploradoro, " which pre- ceded the Honeymoon Special, was made up of two armoured cars filled with soldiers. In two day coaches on the Special itself were two groups of soldiers. One car contained the soldiers trav- elling with their families, in the other were men in uniform. On the back platform of the private car, which President Carranza used when he was First Chief of the Constitutionalists, stood three soldiers armed with heavy Mexican rifles. One day when the train was nearing Mexico City an American asked a member of President Car- ranza 's staff about the Mexican rifles. The Cap- tain replied they were ''very good" except that they were "easily overheated." Then, adding that each gun was loaded with a minimum of ten rounds, he lifted one of the weapons to exhibit the ammunition. The rifle was empty ! He exam- ined the second. It was just as harmless, and when the third was opened the situation became embarrassing. The guard on the rear platform was without ammunition. The guard could not be condemned because the Carranza Government has needed the sinews of war and Mr. Fletcher 30 MEXICO'S DILEMMA was just returning from Washington after hav- ing persuaded President Wilson that the embargo should be raised. The bandits, however, which the ambassador saw on the return to his post, were perfectly harm- less and the " exploradoro " and "armed" soldiers were not needed. At various points along the line one sees bandits hanging from telegraph poles and trees, swaying in the wind like pendulums. The men who tied these fellows up did a good job of it. They will not drop until they decay, when the wolves will take charge. From the Texas border to Monterey one sees nothing but sand, cactus plants and dust. Along the route there are "specks" where once stood villages, villages which passed away during some stage of the revolution. The depots and homes are destroyed. The people, who remained, are like ani- mals. They live in the ruins or under the blue sky, day and night. They are clothed in garments which after hard wear would have been discarded five years ago by almost any one else. Many children run with only a rag round their waists. The women and men alike are barefooted, or, per- haps to protect tender feet, some still have the sole of a shoe which is tied to each foot with strings. Almost all live by selling food to the travellers who must go this way to Monterey and Mexico City. Eggs, cheese, pancakes, water, milk, coffee, beans — the national dish — and whatnot, are peddled at so many centavos apiece. Here is THE MEXICAN PUZZLE 31 poverty without misery. These people are happy and contented. They have never seen any other living. They have no schools. There are no churches. Civilisation to them is a railroad train. Business is a railroad train. Life is but the hours between trains. As I stood on the siding at Queretaro one day gazing at this awful aspect of life, a young Mexi- can, who had been educated in the United States, remarked to me : *^You know, if these people could go to the states for a few years they would come back dif- ferent people. They don't know any better. They have had no opportunity." While the engine was taking water at Quere- taro and I sauntered about the train I met an old American railroader who had been working on Mexican railways twenty years. Four thousand dollars, his life savings, which he had invested in a hotel in a town near there, disappeared one night in a fire when the bandits came to burn and plunder. "These bandits," said he, *'will never stop until there is food enough for all the people. There would be no bandits if there was work for the men" and food for their families. You know what the Mexicans say around here. Oh, I know them and they don't know I'm an American or my life would not be worth that" — and he snapped his fingers. ' ' But I make good money and I travel up and down these lines. You know these people say S2 MEXICO'S DILEMMA that all the food in Mexico has to be sent to the United States to feed the soldiers and that if the United States had not gone to war there would be plenty of food in Mexico. ' ' While we were standing in the sun's rays, an old crippled woman with her blind daughter eame up begging for money. *' Don't give that old hag anything," said my companion. "You know, she gouged the eyes out of that kid so she could get more money begging. Yes, sir. That's what she did. Blinded that little girl of hers." Then cursing in Spanish he kicked the sand with his foot and forced her to wabble away. I mar- velled at the flood of his words. It must require twenty years' residence to be able to curse in Spanish and do it properly. I had had a book called ''Spanish in a Week" for more than a month and about all I could do was to buy a cigar and order eggs and bacon. After fifty-six hours of travel and delay, the Honeymoon Special reached Mexico City. The city to-day is surprisingly peaceful and busy. Hundreds of automobiles and carriages race through the streets — there appear to be no speed laws in force and Mexicans drive their cars with the same enthusiasm that a child plays with a new toy. The avenues Cinco de Mayo (the Fifth of May), Francisco I. Madero and Avenida Juarez are as busy as Broadway or State Street, though the people look more like those along the THE MEXICAN PUZZLE S3 Bowery and ETalsted Street. Poor and peon, mid- dle class and foreigner, rub elbows on the side- walks as newsboys run through the streets with extras. But what incongruous sights one sees ! I rode out the Paseo de la Ref orma, the Riverside Drive of Mexico City, to see the palatial homes of the Cientifioos, those great houses where the old fol- lowers of Diaz lived like monarchs. In the park- ways along the sides of the street nurse girls were wheeling the babies of the wealthy. On this thor- oughfare there were no signs of poverty, although the street pavement itself was a motly compound of holes and pavement and the carriage bumped and jostled from curb to curb. A little later I walked up Avenida Juarez where beggars seem to crawl out of every doorway. Not far from the Spanish Embassy, a big palatial structure, I paused at the barracks of the second infantry regiment to listen to the band and to watch the soldiers saunter here and there with nothing to do but "kill time," smoke cigarettes and talk to their wives and children who are as numerous as the soldiers themselves. On the curb, in front, sat a big, fat Mexican woman smoking a brown cig- arette. A baby, just able to walk, stood in the street before her, sucking at its mother's breast and punching it with its bony fists in an effort to extract the morning breakfast. A soldier handed the woman a cake. She tied this in a soiled hand- kerchief where she carried her money and other S4t MEXICO'S DILEMMA valuables and contimied to puff at the cigarette. In front of the National Palace two companies of soldiers in impossible field uniforms, some bare- footed, and all dirty, paraded behind a military band. People crowd into the shops. There is so much business shop-keepers are as independent as an American firm without competition. On the side streets some policemen or boy-scouts are drilling and receiving instructions from officers. Aside from the newspapers and the posters in the windows one would not suspect that there is a war in Europe. From the shop windows one learns that there is a great war in progress, and one learns it from the Germans. In many windows are large maps of Europe showing Germany and the Central Powers in red and the Allies in black. The neu- trals are "yellow." The map is labelled: ''The Defensive War of the Central Powers." It is a clever bit of German propaganda. Although only about two out of every ten Mexicans can read and write, all can understand pictures. This map, even without a heading, tells a story which the Mexicans can comprehend. Another cartoon pictures a bull fight. All bulls representing the Allies are defeated and the Ger- man bull defiantly gazes at Uncle Sam, who is standing at the edge of the ring. A man repre- senting Mexico is standing beside Uncle Sam and urging him not to get into the ring. THE MEXICAN PUZZLE 35 In several jewelry shops I saw placards, or what were supposed to be photographs of ''wild men from Australia," and the label underneath said: ''These wild men of Australia are fighting for England for the civilisation of Europe. ' ' There are more Japanese shops in Mexico City than I had expected to find. Although there are three or four in the business district, the big ma- jority are in the suburbs. In offices throughout the city one sees hundreds of Japanese posters, advertising Nipponese goods. In the only foun- dry in Mexico City which is making war munitions is a big, modern Japanese factory, recently im- ported from Japan. When the present govern- ment found it impossible to obtain war supplies from the United States, a Japanese commission was invited to Mexico and this plant was erected by the Far Easterners. The large wireless tower near Chapultepec Park I saw being repaired. A Mexican officer told me when it was finished it would be powerful enough to communicate with Japan. Although American observers have heard this, they consider it improbable. Six months before I arrived in Mexico the pres- ent government was exceedingly suspicious of Americans and especially of the United States Government. When an American during my stay there called upon a high government official and discussed the question of a loan this official re- marked : "The American people and the Mexican peo- 36 MEXICO'S DILEMMA pie are all right, but the governments are all crooked." To a great extent Ambassador Fletcher, who speaks Spanish and knows the characteristics of Latin peoples, has been able to re-establish confi- dence in many circles, but his task is by no means completed. There is a strong anti-American sentiment in Mexico which is being augmented by the pro-German propaganda. One morning I was told in several places that the Allies were about to be defeated and that Eussia was to join with Austria-Hungary and Japan against England, France and the United States. Every time I passed the big German book store in Mexico City, where German photographs and maps are dis- played, the sidewalks were crowded with people. In one window hung the same map of Europe which one sees in many shop windows in Berlin — a gigantic chart showing the position of the armies of Germany in the occupied territories, a ''proof" that Germany is winning the war. The lack of confidence in the ability of the Allies to defeat Germany and old suspicion of the United States are the two things which hamper the lead- ing Mexicans who are working for a closer rela- tionship between Mexico and the Powers fighting Central Europe. Most intellectual Mexicans, as well as many government officials, realise that the best interests of Mexico are with those of the United States, France and England, but the preju- dice of the people is difficult to overcome. 3)mbd)e§ritttnpon!Rextb ^special EDITQRES' mOlLERHNOS. I Director: GnriquePirezValeni Preclo de este Nu .TBRBRIA ALEMANA 30= CJEINT-A.-VOS*. Mexico, 15 deagosto de 1917 |[ :OVER FOR THE GERMAN NEWSPAPER OF MEXICO THE MEXICAN PUZZLE 37 The question of what attitude Mexico should ultimately take regarding the world war is very closely connected with the Mexican puzzle to-day. This problem is : "How can Mexico obtain money*?" The first conclusion which the American experts reached after two months' examination of the Mexican records was that the nation was bank- rupt. One of the officials began the dictation of a report beginning with a statement to that effect. Then when he tried to establish his conclusion by facts, the facts failed him. So he finally concluded that if the government is reorganised along scien- tific business lines it will be able to weather the present storm without financial aid from a for- eign country. In coming to this conclusion, how- ever, this authority was compelled to disregard the foreign debt and foreign obligations of the Mexican Government. The records of the present government show that President Carranza has asked Congress to authorize three loans. The first, amounting to 150,000,000 pesos, is to be used to pay debts. The second loan which Mr. Carranza seeks amounts to 50,000,000 pesos to be used to rebuild and recon- struct the railroads. The third loan, for which the authority of the National Congress is asked, is for 100,000,000 pesos to establish a "bank of issue." Something of the financial crisis facing Mexico may be gathered from these brief figures : 38 MEXICO'S DILEMMA In May, 1916, tlie estimated revenue of the Con- stitutionalist Government was four million pesos, about two million dollars a month. Fourteen months later the estimated revenue was 107,- 000,000 pesos annually, but the budget called for an expenditure of 80,000,000 pesos more than the income. The Carranza Government is operating on a cash basis now and is spending more than it is making, although government officials are being paid only seventy-five per cent of their sal- aries in cash. This deficit does not take into con- sideration any of the foreign obligations. It is the contention of the American experts and of certain government officials that through gov- ernmental economies this deficit can be cut down so that it will not be * ' dangerous ' ' and new bonds can be issued to replace bonds held in foreign countries. The other view of the financial situation, which I found the predominant one, is that the present government cannot continue without the aid of foreign capital. This would seem to be the belief of President Carranza, too, inasmuch as he asked the federal Congress for authority to raise 300,- 000,000 pesos, that is, $150,000,000. On July 7th, 1917, El Universal printed the fol- lowing message which President Carranza sent to the Chamber of Deputies : *'To the Secretaries of the Chamber of Depu- ties : for its Constitutional effect : I beg to send THE MEXICAN PUZZLE 39 you with this message a bill authorising the Ex- ecutive to procure in Mexico, or outside, up to 100,000,000 pesos, gold, to found the sole hank of issue authorised by the political constitution of the Eepublio promulgated in Queretaro February 5th, 1917. ** Surely the Deputies will be persuaded that one of the principal causes why agricultural, in- dustrial and commercial development of the coun- try have not proceeded with the quickness with which the re-establishment of order might lead one to suppose, is the almost complete disappear- ance of credit, and the insufficiency of circulat- ing medium which makes difficult the reasonable operation of the economic activities of the Na- tion. ''It is for this reason that the Executive be- lieves it of imperious necessity to proceed imme- diately to organise the sole bank of issue provided in the political constitution of the Eepublic. "the BANKIISTG SYSTEM ''The banking systems established by govern- ments in the past, although in a way, long ago, they fulfilled the necessities of the moment, were established on a basis of absolute privilege in fa- vour of capitalists without compensation for na- tional interests and without foresight. The issues of the banks never had reasonable and adequate guarantees; some of them enjoyed express privi- 40 MEXICO'S DILEMMA leges in regard to the amount of their issue; all enjoyed the unjust privilege of exemption from taxes and the odious power to apply special primi- tive laws for their own benefit. The concessions for the establishment of banks of issue were granted without providing a logical and proper co-operation between them, but giving rise to an unreasonable competition ruinous for themselves and for the Eepublic. The intervention which the Government used to express in institutions of credit never was more than merely nominal, and among many other cases can be cited this: The banks of issue figured their own shares of stock among the securities that could be realised upon. As a consequence of their unreasonable manage- ment and of their bad organisation, the complete failure of the old system of institutions of credit could be foreseen when the international crisis began in 1913. In effect the first manifestations of revolution actually were enough to cause the banks to ask the government of the usurper for the privilege to suspend payments which was con- ceded to them, in exchange for the privilege the banks of issue made a. large loan to the usurper. *'the economic situation op the country "When the economic situation of the country became grave and before the Constitutionalist Government made any decrees at all on institu- tions of credit, the situation was getting more THE MEXICAN PUZZLE 41 difficult every day until these institutions ceased to properly operate and soon became merely spec- ulators in the paper money issued by the Revolu- tionary Government. At the time the bills had already suffered considerable depreciation which fluctuated between 60 and 90 per cent of discount on nominal value. ''When the duties of the campaign permitted the Government of the Revolution to fix its at- tention on the financial organisation of the Repub- lic a preliminary decree was issued fixing a period within which the banks of issue must regulate their fiduciary circulation in accordance with the general principles of the law of institutions of credit. As this decree was issued in Vera Cruz, where the necessary estimates for knowing the economic situation of each one of the banks in detail was lacking, it was believed at the begin- ning that many of them would be in condition to continue their operations on complying with the general banking law. ''When the Department of Finance came into |)ossession of the balance sheets of the majority of the banks of issue it was seen that although their reserves were in conformity with laws in question in relation to their fiduciary circulation, the banks were not in condition to continue opera- tion because a great part of their assets which went into large nominal figures in fact represented an insignificant real value. "As, on the other hand, the majority of the 42 MEXICO'S DILEMMA banks of issue had assumed an attitude of open hostility against the Government of the Eevolu- tion contributing to the depreciation of the gov- ernment paper money and were conducting them- selves in a manner against public interests through speculations outside of their sphere of action, the First Chief believed proper to make more radical decrees to put an end at once to the defective banking systems then expiring and to leave the field open to a better organisation. * ' Therefore on the 15th of September last year a decree was issued repealing all laws in force until that date on institutions of credit and put- ting the banks of issue under the direction of Boards of Eeoeivers which have been operating them up to date. "the sole bank of issue ' * The Constituent Congress which met in Quere- taro was perfectly aware of the need of substitut- ing the defective banking system by another more reasonable and in consonance with the economic needs of the nation ; with the result that the new Magna Charta provided for the establishment of a sole bank of issue. ''The Department of Finance has been studying since then the bill which in due time the Execu- tive will submit to Congress on the organisation of the sole bank of issue ; but as arrangements to obtain new capital must consume much time, the THE MEXICAN PUZZLE 43 Executive believes it proper to use the time to delay as little as may be the organisation of the new institution of credit. "Elemental prudence dictates that the new bank of issue should begin its operation on perfectly safe bases because it is the only manner in which confidence and credit may return in healthy and vigorous form to renew the economic life of the Eepublic. "If the Executive under my charge does not immediately send to Congress concrete bases to obtain the initial capital of the new bank, but asks authorisation to negotiate with capitalists, it is due to the fact that in the present financial con- dition throughout the world, it is not easy to fore- see the difficulties the Government may encounter to induce capitalists to make an investment which, although safe, will probably meet with a barrier of prejudice and lack of confidence. "definite plan of okganisation "It is therefore necessary for the Executive to determine in advance the possibility of obtaining necessary funds for its establishment before sub- mitting to the Congress a definite plan for the organisation of the new bank. To carry the tem- porary arrangements through the Executive needs U MEXICO'S DILEMMA complete liberty of action, for even the determina- tion of the opinion of capitalists and preliminary arrangements may cause the early organising of the new institution of credit to be changed. In any case, the Executive will have the honour to submit to the consideration of Congress before carrying into effect the arrangements made with capitalists together with the general law which fixes the bases for the bank of issue. Mexico, July 6th, 1917." Commenting upon this message El Universal said, editorially: ' ' This was the only newspaper which upheld the urgent propriety of creating a large stock of cir- culating money for business and the commercial and agricultural development of the country. The foregoing message confirms the labour of El Universal, in all its parts. Furthermore, and this is the opportune time to say so, the sum asked for by the government appears small to us, for we believe it very difficult to obtain any money from foreign countries without the previous pay- ment of the coupons of our debt, and if this were necessary, the amount destined for the sole bank of issue would come out much less, and we believe that if any foreign loan must be agreed upon, we should strive resolutely to procure up to the sum necessary to improve our credit in foreign coun- tries and to solve economic difficulties in the in- terior. ' * THE MEXICAN PUZZLE 45 In case the Mexican Congress authorises Mr. Carranza to raise this amount there are but two sources from which it might come. Either Ameri- can bankers will take the bonds and sell them or the United States Government will loan money to the southern neighbour. New York bankers will not loan money to Mex- ico as long as conditions are unsettled and as long as there is danger to American property and American citizens in Mexico. These bankers will not subscribe to a loan as long as they hold old Mexican bonds which have had no interest paid on them in six years and which are selling for fifteen dollars each in the United States to-day. This has been candidly explained to the Mexic-an authorities. On the other hand, the United States Govern- ment cannot loan money to Mexico because this is forbidden by the constitution unless Congress passes a special act, and it is certain that neither the administration will recommend such a loan, nor that Congress would pass such an act. By the terms of the act which enables the United States to loan money to foreign governments dur- ing the war it is particularly stipulated that funds can be loaned only to Allies. This, too, has been explained to the Mexican Government. The easiest way and perhaps the most success- ful way out of the present financial difficulties in Mexico would be for that country to break off diplomatic relations with Germany and join the 46 MEXICO'S DILEMMA international league of nations, which will follow this war, to establish the peace of the world. Should the Carranza Government fall there are on the horizon to-day no leaders, nor is there a group of men, who could take hold and do as well as the Carranza Government is doing. There are rebel leaders in various parts of the country from Villa in the north to Zapata in the mountains near Mexico City and General Pelaez in the oilfields outside of Tampico. Once this government falls, terror will reign again in all parts of the country, and as the United States and the Allies are almost wholly dependent upon Mexico for oil and various minerals, a state of anarchy in Mexico which would interfere with the Allies' supply of these valuable war necessities could not be permitted. If the revolution should break out again the only solution would be American intervention, which would be not only costly to us but would divert to a certain degree the energy of the United States which it is so necessary to concentrate upon the war in Europe. No one knows this better than the Germans in Mexico, and although they are "playing" the present government they are also preparing for the time when there may be trouble in Mexico injurious to the United States. At present they want to keep Mexico neutral. The Carranza Government has been told offi- cially that so far as the United States Government is concerned it is not in America's interest for THE MEXICAN PUZZLE 47 Mexico to declare herself an Ally, but entirely in the interests of Mexico. Whether President Car- ranza and his government will realise this, and whether, even if they do, they will be able to carry through a break with Berlin, are unanswerable questions. One must await developments. * ' Will Mexico be a friend or a foe of the United States?" That is to-day an insoluble puzzle. Note: In Appendix A will be found the bills presented to the Chamber of Deputies regarding the remedies for the financial crisis as they were printed in El Universal. CHAPTER in BEBELS AND EEVOLUTIONS NEEDLE your way through the crowded streets of Mexico City or motor to the sub- urbs and you will rub sleeves, exchange glances with, or pass along the road, rebels, ex- rebels and honest soldiers. Saunter or drive about the capital and you will see, face to face, the individuals who present the biggest problem of reconstruction in Mexico. You will encounter a sufficient number of the army of 114,000 to con- vince you that even if the payrolls are padded there are large groups of men actually drawing salaries. In mid-August, 1917, a cousin of General Za- pata, the bandit chief of the state of Morelos where the sugar plantations are, surrendered with "two thousand men" to the national government. Those who wished to join the army of the Ee- public were permitted to do so. The week before these men were bandits. Within seven days they became soldiers. Not all of the peons who join the national army are patriotic, a fact which causes considerable trouble in the country districts. Sometimes, after 48 REBELS AND REVOLUTIONS 49 the ex-rebels have been with the government forces long enough to get new rifles and several rounds of ammunition, they trek to the mountains to be welcomed by their old chief with a hand- shake and an enthusiastic hug, the customary cor- dial greeting between Mexican friends. One day while I was in Mexico City several officials of the British Embassy were motoring through one of the suburbs. Approaching a gar- rison they saw a soldier, sitting on the curb, smok- ing a cigarette. As they passed he shouted: *'Stop," and other words which were so mumbled they could not be understood. The automobile, which had passed the man, backed to within a few feet of him and the chauf- feur asked what was wanted. Instead of answer- ing, the soldier, who was evidently intoxicated, continued to puff, and gazed at the foreigners. After waiting several minutes and receiving no explanation the automobile advanced. Immedi- ately the soldier jumped up, recovered his bal- ance, and started towards the barracks for his rifle. The Englishmen huddled into their seats, the chauffeur added gasoline, and before the rebel could fire the party was several hundred yards away. There being no other route to the city the for- eigners had to return the same way three hours later. Reaching the garrison they saw both sides of the highway lined by a company of soldiers. A captain, standing in the middle of the road, held 50 MEXICO'S DILEMMA up his hand. The car stopped and the soldiers stood at attention. *'Is this the automobile which was ordered to stop a few hours ago while passing here?" the officer asked. The British officials expected a summary ex- ecution, but, having experienced excitement be- fore, decided to preserve their calm. ''Yes, Senor Captain," replied an Englishman, *'we were ordered to stop and we did. ..." His explanation was interrupted. ''All right, Senor," politely answered the offi- cer. "I wish to inform you that discipline has been maintained. You may go, gentlemen." Soldiers still at attention, the automobile de- parted, but the foreigners could not understand whether they or the soldier had been disciplined. Inquiries the next day disclosed that the soldier had been shot for giving an order without orders from an officer. Discipline was maintained by execution. It is not always the soldiers, however, who are to be blamed. I met the manager of a large Amer- ican corporation who, for two years, had been paying tribute to six generals. Their price for "protecting" his property had been between three thousand and seven thousand pesos, at intervals determined by officers. Automobiles were then being shipped into Mexico City by the dozens and the generals asked this manager for six autos. This manager telegraphed to Detroit for the cars a REBELS AND REVOLUTIONS 51 and expected to be able to pay the graft within a very short time. A new use, indeed, for motor- cars, but the manager and the company were satis- fied because the cars cost, delivered in Mexico City, about one-fourth of the amount of the ''protection" formerly rendered. Friends of President Carranza will candidly admit that the First Chief, when he was fighting for recognition and authority, had to accept the services of many undesirable men, both officers and soldiers. Mr. Carranza and his intimate ad- visors know that there are rebels and grafters in office to-day. They realise that these men cannot be ousted immediately and without cause. If the present government were to expell from the army, or imprison every officer and soldier who to-day is not following orders, the government would be overthrown even if the penitentiaries could hold all the guilty. For this reason Mr. Carranza is working slowly and quietly to eliminate these men from his councils and from responsible positions. Whether he will succeed is a puzzle the key to which has not been found. There are Mexicans and foreigners who will tell you that the Carranza Government is as certain to fall as the buildings in Mexico City are certain to sink; and this latter fact no one doubts, as even the National Theatre, the so-called "White Elephant" because its mar- ble walls are uncompleted, is gradually sinking in the mire upon which the capital is built. Others will inform you that this government is gaining 52 MEXICO'S DILEMMA strength every day and that if it receives financial assistance nothing will be able to wreck it. Bnt all, pessimists and optimists alike, agree that the greatest problems facing the government to-day, excepting the financial, are the problem of re- construction and the existence of the rebels. Finance is, of course, the greatest problem, and it is the more puzzling because the problems of financing a nation like Mexico are not similar to the problems of financing more civilised and en- lightened countries. Selfishness and ignorance play an even greater role in Mexico than pork- barrel politics play in Washington! One day I recall when the Chamber of Deputies was in session a member called the attention of the presiding officer to the lack of a quorum. Those who have seen how well the U. S. House of Eepresentatives is attended during most of the debates will understand such a situation. The President of the Deputies summoned the Sergeant-at-Arms and ordered him to send the members to their seats. Meanwhile the proceed- ings waited the arrival of the deputies. After a long interval the Sergeant returned, reporting that he was unable to procure a quorum. ''Where are the members?" inquired the Presi- dent. ''They are at the Cashier's window awaiting their pay," answered the officer. ' ' Summon the cashier, ' ' ordered the President, and when the latter reached the rostrum he was THIS WAS AT ONE TIME A BEAUTIFUL RESIDENCE. THIS IS THE REVOLUTIONARY REMAINS THE FAMOUS SADDLE MOUNTAIN OF MONTEREY REBELS AND REVOLUTIONS 53 told to close the pay window and not to open it again during sessions of the Deputies. And a quorum was soon present. That incident illustrates one aspect of the money problem in Mexico. An incident illustrat- ing another aspect came to my attention during a conference with a Canadian electrical engineer. The company he represented desired to erect poles to carry their feed wires from a plant near the capital to another city. The line, as mapped, was to cross a large plantation owned by Indians. The concession was worth between five thousand and eight thousand pesos to the company. The engineer went to see the Indian. He offered him four thousand pesos. *'No, no, Senor," protested the Indian. ''Why not?" asked the foreigner. *'No. No four thousand, Senor," said the owner. "Well, how much then? What da you want?" questioned the Canadian. "If Senor will fill my sombrero and my son's sombrero with pesos, silver pesos, I will give you the concession. "But," protested the engineer, "four thousand pesos are much more than two hats will hold." "No, no, Senor, no. You must fill my som- brero and my son's sombrero with pesos." And the foreigner returned the next day with enough pesos to fill the two hats so that the coins rolled over the sides. The Indian was delighted. 54 MEXICO'S DILEMMA Two sombreros filled with pesos meant something to him. Four thousand pesos, that sum was a myth. It is not the ignorance of the peons or the In- dians, however, which makes the financial situa- tion in Mexico difficult to solve. It is the igno- rance of many officials and leaders regarding in- ternational finance. So many Mexicans cannot understand the relationship which should exist between nations, although they have a clear idea of money matters between individuals. Discussing the problems of finance and recon- struction with Mexican officials one is impressed by the fact that so few of these can see the view- point of the outside business man, the foreign capitalist. Most Mexicans will say that because of the rich natural resources of the country any foreigner ought to be willing to loan money to the government. The resources are here, many of them still untouched, they will declare, and if for- eign capital invests in Mexico, it should be pre- pared to share prosperity or revolution with Mexico. The pacification of Mexico to-day presents in many respects the same problem with which the United States Government had to deal after the Civil War. The Mexican bandits are, so to say, the Ku-Klux Klan of this country. Generals Villa and Zapata may be likened to the James brothers. The difference is that in the United States the bandits attacked American or national REBELS AND REVOLUTIONS 55 property. In Mexico bandits destroy foreign property. The most popular cry of the revolu- tionists has been "Down with the foreigners who exploited us." Thus our neighbour south of the Eio Grande faces some of our problems of the late Sixties with the added difficulty that when- ever the highwaymen operate there it causes an international as well as an internal crisis. The operations of Villa in the North have agi- tated not only foreign business interests, but the American people. What Zapata has done dis- turbs the Mexicans the most, although he, too, is j opposed to foreigners. ' The Carranza Government has sent several military expeditions into Morelos in an attempt to crush Zapata. As the soldiers marched through the state in search of Zapata's army they met only the most peaceful citizens. No one knew I where Zapata was ! No one had seen his army ! I Zapata was clever enough not to fight. He or- I dered all his soldiers to bury their arms and I plough their fields. When the Carranza forces I left, the army appeared, and it was, and still is, j unsafe for any one to go through the state. The government has attempted to stop shipments of ' ammunition to Zapata, but this has not been suc- cessful, as officers and soldiers in the govern- ment 's army have sold munitions to Zapata. Now the government, suspicious of certain officers and 'men, is laying a trap for them, and if they are caught they, too, will be ''disciplined." 56 MEXICO'S DILEMMA Anotlier demand of the revolutionists has been for ''land." Even the present government sym- pathises with this demand, and the first endeav- ours of President Carranza to fulfil promises made during his campaign are being made in the little belligerent state of Morelos. It is, in point of size, the smallest state in the Union. When the Spaniards settled in this country they gave to each town and city what was called the "ejidos." This was the granting of one league of land around the original town or city limits to the inhabitants to be worked by the community. During the development of Mexico this league of land has been given to outsiders or to farmers having property nearby. Many towns have lost their ' ' ejidos. ' ' This is particularly true in More- los, and the "good" citizens of this fighting state want back this land. So the present government is attempting a new means of pacification. It is returning this property to the community. Simul- taneously the government is announcing that all political rivals, who swear allegiance to the gov- ernment, will be pardoned. While this movement is having all the success the government antici- pated, its progress can only be very gradual be- cause Zapata, like the Germans, is a propagan- dist. He is telling his followers that if they sur- render to Carranza they will be executed. He is warning the farmers that if they desert him they will be downtrodden by the Americans. And the people of Morelos are suspicious of "outsiders." REBELS AND REVOLUTIONS 57 This anti-American part of the propaganda is very popular. Even the present government, ac- cording to many Mexicans, is too friendly to the United States. Most of the newspapers of Mex- ico City, even those that are pro- Ally in their war sympathies, have a grudge against the United States. El Democrata, the chief organ of the Germans, prints more articles of hate about the United States than any other newspaper. Some American journals are most effectively aiding the Germans in Mexico by demanding armed inter- vention. j Redencion, another daily, seizes every oppor- tunity to stir the slumbering Mexican against the ''Yankees." On August 9th, 1917, it printed on ithe first page a three column cartoon picturing a nude woman, tied to a stake, representing the revolution. The fire, kindled at her feet, repre- jsented the ''enemy" of the revolution, and the I fresh logs which had been placed on the flames I were labelled: "Yankees," "United States," "Friends of the Yankees," etc. Government offi- cials who are friendly to the United States, such as Senor Don Luis Cabrera, unofficially the Act- ing Secretary of the Treasury, and Senor Don Manuel Amaya, official introductor of Ambassa- dors, are also "enemies." El Democrata is one of the morning newspapers which does not receive the Associated Press des- patches. Its news, telegrams from the United States and Europe, are sent to Mexico City from 58 MEXICO'S DILEMMA New York by the ' ' Spanish- American News Agen- cy." These telegrams, which the United States censor was permitting to pass while I was in Mexico, were not only intensely pro-German, but exceedingly anti- American. Before the United States declared war the Ger- man Embassy in Washington sent a daily telegram to the German Minister in Mexico City, Herr von Eckhart. This despatch contained the wireless news circulated by the German Admiralty and Foreign Office. When the United States declared war the service ceased, and an organisation known as the " Spanish- American News Agency," with headquarters in New York, began to serve El Dem- ocrata and several newspapers in South America. Judging from the despatches I saw printed, this concern succeeded the news service of the German government, operating as a Mexican com- pany. The '* Spanish- American News Agency" was, and doubtless still is, doing more to cause trouble between the United States and Mexico than any other public agency in the Mexican Re- public. Another publicity prostitute is La Defensa, an afternoon newspaper also controlled by German interests. It announces daily some great catas- trophe to the United States or the Allies. While I was in the capital it proclaimed an American revolution. It announced the sinking of several American battleships and transports. It fore- | casted American intervention and printed the | REBELS AND REVOLUTIONS 59 most astounding *'news" about events in Wash- ington. Some of this news had a basis in fact; some had none at all. La Defensa receives most of its telegrams from Nuevo Laredo, Mexico. A Mexican who lives in Laredo, Texas, crosses the international bridge with copies of American newspapers daily and from the Mexican telegraph office he telegraphs his untruthful accounts to Mexico City. He, too, is a trouble breeder, who might, with advantage, be watched by the Depart- ment of Justice. Although several reports have been made to the United States Government about the activities of these newspapers, no steps have been taken to stop such practices. German propaganda is a sort of international dachshund which escapes the eyes of the dog catchers by following neutral citizens as soon as the Germans go into hiding. The general opinion in Mexico City I found to be that, as a group, the Germans are working very i quietly. Many of these German citizens are re- ilated to Americans and they correspond freely iwith residents of the United States. They re- jceive all of the American newspapers and mag- azines and are able to keep almost as well in- formed about events in the United States as the German Embassy in Washington was before |j;diplomatic relations were broken. While it is im- !j possible to-day to send information to Berlin from Mexico by wireless, the mail route via Cuba is still open to Spain, and from that country the 60 MEXICO'S DILEMMA German representatives have the use of an nn- censored wireless. When in the summer of 1917 there were reports that German agents in Mexico were plotting against the United States President, Carranza summoned the German Minister to inform him that the government would not permit attacks on a friendly government to be hatched on Mexican soil. The Germans to-day are working quietly with but one object. They believe that after the war, when the real fight for raw materials and commercial supremacy begins, the greatest possi- bilities for Germany will be in Mexico. This | country has many of the raw materials which Germany will need, and the Germans figure that it will be easier for German merchants to buy in Mexico, if that country remains neutral, than in any of the lands which were belligerents. For this reason, alone, it is highly in the interests of the Kaiser's Government that Mexico remain friendly to Berlin. It is generally believed in Mexico that one of the factors determining Presi- dent Wilson's policy toward that country was the attitude of Latin- America. The Carranza Govern- ment was quick to recognise this, and now every- thing possible is being done to fuse the bonds be- tween Mexico and South and Central America. Diplomats from the nations of South and Central America who arrived in Mexico during my stay were accorded the most enthusiastic receptions. At that time the Republic of Argentine sent a new REBELS AND REVOLUTIONS 61 envoy. When he arrived at Vera Cruz a delega- tion of Mexican Ministers and officers were sent to act as his escort to the capital. In the big palace at the port the incoming diplomat was ten- dered a banquet at which several speeches were made about the value of Latin-American union. To these cordial addresses the Argentinian re- plied that his country, too, favoured such a union. When the speaking had ended, a young general (there are many generals under thirty in Mexico) arose, and in a long, hesitating, after-dinner speech, declared that he believed in the purposes of such a union but considered the name an un- fortunate one. "I propose," said he, "that we call this union a Latin-Mexican union and leave the America out." This general was one of the group of anti- American army officers who are pro-German and who carry around chips as shoulder straps. One might imagine that a government with so many internal problems to solve might be spared international perplexities. Not so in Mexico. Mexico's internal strife is the chief cause of her international disputes. There are some radical Mexicans who advocate the lynching of all for- eigners. Others desire the confiscation of all foreign property. This group of radicals was influential enough at the Queretaro convention held not long ago to insert confiscatory clauses in the constitution. Some Mexicans will state 62 MEXICO'S DILEMMA that these provisions of the constitution will be enforced some day, while others will remark: ''Oh, but what is a constitution among friends ? ' ' Nevertheless the chief obstacle to reconstruc- tion in Mexico to-day is the lack of confidence of foreign investors in the stability and honesty of the present government. As long as there are rebels and grafting generals about the country, and so long as the present government holds property confiscated when the Constitutionalists were a de facto government, foreigners will be sceptical of Mexico. President Carranza and his most trusted advisors know this but they are still, to a certain degree, hampered by the radi- cals, who know nothing and care less about inter- national obligations. Where it is possible the present government is returning confiscated property, even that belonging to the old Cienti- ficos, the so-called ''scientific grafters" of the Diaz regime. When the State Department sent Mr. George A. Chamberlain to Mexico City to reopen the United States Consulate-General, he selected a house on Avenida Juarez which was built by Senor Limantour, Secretary of the Treasury under President Diaz. The house at the time was occu- pied by General Urquizo under confiscation orders of the government. Mr. Chamberlain told the owners he wanted to rent the place on behalf of the United States Government. General Urquizo REBELS AND REVOLUTIONS 63 was ordered to evacuate. When he turned the residence over to representatives of the Liman- tour estate, who were to rent it to the Consul Gen- eral, the palatial home itself was in as good con- dition as it was when built, although all the ex- pensive furnishings had disappeared. While I was at the capital a forestry expert who had been sent to Europe years ago by Diaz to study the scientific care and planting of trees and shrubs returned to Mexico City. President Carranza sent for him and asked him to head the Forestry Department of the present government. These are instances which indicate a new pol- icy on behalf of the Carranza Government. Gov- ernment officials, including members of the Cham- ber of Deputies, assured me that the government intended to return all confiscated property as soon as this became possible. The Carranza Government is to-day operating the tramways of Mexico City and all the national railroads, even the English road from the capital to Vera Cruz. Several years ago there were many street car systems in Mexico City, all in miserable condi- tion. Belgian, English and French investors saw the possibility of consolidating these lines and the Mexican Tramways Company was organised. The same investors to-day own the large power plant located about one hundred miles from the capital at Necaxa. In peace time this station provided all the electric power and light for Mex- 64 MEXICO'S DILEMMA ico City, Pachuca, El Oro and other cities. The Light and Power Company and the Tramways Company are operated as distinct corporations. Sometime in 1914 the Carranza forces *' inter- vened" and took over the tramways without pay- ing the investors interest or compensation. For over two years the power company furnished the electricity to run the cars free of charge. This was confiscated property, pure and simple. President Carranza saw that some day the tramways would have to be returned to the own- ers. He was informed that if they were returned in their present condition the company might claim millions of dollars worth of damages. So the President ousted his former grafting "inter- ventor" and appointed a young engineer, Senor Francisco Cravioto, as director on behalf of the government, responsible to Mr. Carranza alone. Since Seiior Cravioto has been in ofSce he has paid instalments on the electric power bills amounting, up to midsummer 1917, to $40,000 a month, and he has turned over a few hundred thousand pesos to pay interest on the foreign bonds out of many millions owing. Foreigners in Mexico City to-day look forward to the time when the tramways will be returned to the owners and the old debts adjusted. This is pointed out by the most optimistic for- eigners as an example of what treatment foreign business interests may expect from the Carranza REBELS AND REVOLUTIONS 65 Government where the business men show a will- ingness to co-operate. The government is in need of financial assist- ance. All problems of reconstruction virtually rest upon the possibilities of this government re- ceiving a loan. Granted a loan of $150,000,000 the most reliable foreigners in the capital believe that Mexico will experience more prosperity than it did under the Diaz regime. To-day the gov- ernment is minting gold and silver as fast as possible and all the banks in the Republic are ''granting" so-called "forced loans" of gold and silver which they have on deposit. These, then, are some of the problems of recon- struction in Mexico. The nation is passing through a trying, tempting transition period. Government officials have had practically no ex- perience directing big business enterprises or in administrating government affairs. Every ele- ment which has in the past contributed to failure is present in Mexico to-day and very few of the requirements of success are to be found. There are hatred, jealousy, suspicion, graft, intrigue and the baneful influence of "relatives" who have been appointed to office. Patriotism, sincerity, good-will, faith, honesty and confidence are lack- ing. But despite all these national elements the Carranza party is the strongest one in Mexico, and there are, I repeat, on the horizon no other parties or leaders who could summon the support which is being given to President Carranza. 66 MEXICO'S DILEMMA As I have just said, tlie government has been seeking the friendship of the nations of Latin and Central America. But the ''unkindest cut of all" came from one of these nations. In the United States it is understood that the revolution was started against Diaz, the ''Dicta- tor, ' ' and many people in Mexico will tell you that the greatest benefit of the revolution was the over- throw of the "Don Porfirio." But there are, per- haps, some places where this is not understood, or if it is, then Uruguay has a delightful sense of humour. One of the things the present government has done has been to change the names of all streets in the capital named after saints. Avenue San Fran- cisco, the famous business thoroughfare, is called "Francisco I. Madero." To carry out the gov- ernment policy of winning the Latin countries "Calle San Agustin" was changed to "Calle Uru- guay" and the Uruguay Government was officially notified that a street in the capital had been named after that country. In the course of diplomatic time, which is meas- ured neither in hours or days except when ulti- matums are sent, Uruguay replied that it was highly honoured by the act of the Mexican Govern- ment and had decided to change the name of one of the streets in their capital to the "Avenue of Porfirio Diaz ' ' in honour to the great Kepublic of Mexico ! Although this method of honouring foreign REBELS AND REVOLUTIONS 67 countries is frequently exhibited in the telephone books, I was not able to find any streets named for the United States. I passed, on several occa- sions however, a bronze statue of George Wash- ington, two blocks from the American Embassy on the Plaza de Dinamarca, where the First President of the United States stands with his right hand extended and his left holding his three-cornered hat. But the bronze table which tells who this hero is has been removed and George Washington to a passer-by might be any one of a number of local or international heroes. CHAPTER IV GERMANY ^S ALLY AT TAMPICO* AMERICAN warships are stationed at Tam- pico to-day to watch Germany's ally in Mex- ico. From time to time one of them lifts anchor, steams out of the Panuco River and pa- trols the Gulf Coast. Suspicious ships are exam- ined, wireless messages are picked up, and night and day the trained eyes of the lookouts search the seas for hostile periscopes. When one returns the other slips away under cover of darkness to a secret destination. From the Government wireless tower at Arling- ton, Virginia, the Navy Department directs the movement of these ships as it plans Uncle Sam's moves on the great international oceanic chess- board. Eternal vigilance is the price of peace at Tampico, the greatest oil port in the world. From the jungle sixty miles away flows the endless stream that propels and lubricates the Allied mili- tary machine; for the weapons with which the United States, England and France are fighting * A friend in Mexico City wrote the author that the article in the Saturday Evening Post which is a part of this chapter was not permitted to be circulated in the Kepublic. 68 GERMANY'S ALLY AT TAMPICO 69 the dictators of the Central Powers in European waters, on land and in the air, are dependent upon Tampico for fuel oil, gasoline and lubrication. Because Germany's ally, the I. W. W., operates in Tampico our battleships cruise in Mexican ter- ritorial waters to protect this oil basin without which the war cannot be won. A few months before I arrived in Mexico agents of the Industrial Work e rs of the World organised a strike along the docks in an attempt to tie up all shipping at the port of Tampico. Money was sent from New York by German agents to Tam- pico to be used against the oil companies and the Allies. A special messenger carrying fourteen thousand dollars was spotted as he landed. At that time the quick intervention of United States naval officers and the co-operation of the man- agers of the oil companies and the Mexican au- thorities aborted the German plot. The strike failed and the I. W. W. leaders were temporarily discredited ; but to-day the same plotters, inspired by the same foreigners and financed by the same interests, are working through the Labourers' Union and the Union of Port Mechanics — the L W. W. in sheep's clothing. I found them preparing the workers for another lockout by urging the men to strike for higher wages, though the wages being paid were the highest in the world for this kind of labour. The I. W. W. propaganda is as lawless as the German agitation in Eussia. but always one 70 MEXICO'S DILEMMA American mau-of-war has its eyes on tlie city. The captain in command, the United States consul and the representatives of the American and British oil companies are watching, working and waiting. The German-paid Industrial Workers take ad- vantage of every event to incite the labourers, the poor peon puppets of the ruthless leaders. They are paid and inspired by German influences, as even Herr Mueller, the Austrian consul, acknowl- edged. When the governor of Arizona, for ex- ample, shipped several hundred disloyal miners out of his state the following appeal was printed and scattered through the streets like dirty snow ; WOEKEKS AND ENEMIES The Union of Port Mechanics having knowledge that 2,000 striking mine workers of Bisbee, Ari- zona, U. S. A., have been deported to the Her- manas Desert, New Mexico, being thus compelled by force of rifles and machine guns to desert their families, who remain there by the lawless work of the enemies of the working class in the most frightful misery and sutfering the greatest pri- vations : For this reason this Union, in a spirit of human- itarianism and companionship, PROTESTS and CUESES this action accomplished by the steel kings, and publishes its discontent publicly against all who act arbitrarily, restricting the right of THE U. S. WARSHIPS AT ANCHOR IN TAMPICO HARBOR. THEY GUARANTEE THE OIL SUPPLY FOR THE UNITED STATES AND ENGLAND AN OIL GUSHER AT TAMPICO. THIS IS THE WAY THE OIL COMES OUT BEFORE THE WELL IS CAPPED GERMANY'S ALLY AT TAMPICQ 71 freedom to those who with pride call themselves workmen. For the Union of Port Mechanics. The Committee. AIT INJUEY TO ONE IS AIT INJURY TO ALL In addition to the handbill propaganda the I. W. W. publishes one daily and one weekly newspaper, and the editors and writers have all come from the United States since Congress declared war against the Grerman Government. But the I. W. W. is not the only lawless organ- isation with which the oil companies have to con- tend. While the Carranza Government controls the city of Tampico, General Don Manuel Pelaez, one of the rebel leaders, is the king of the oil fields. President Carranza 's authority extends only eight miles from the city limits and along the railway line to Monterey, the industrial city in Northern Mexico. The direct railway line from Tampico to Mexico City is blocked. Senor Car- ranza 's officials control the docks and the tank reservoirs near the city. On the other side of the Neutral Zone, or Mexico's No Man's Land, watch the Pelaez soldiers. General Pelaez controls the beginning. President Carranza the end, of the oil business. Pelaez taxes the production; Carranza taxes the exportation. Pelaez and his army — esti- mated at three thousand to twenty-seven thousand men, depending upon the authority quoted — get 72 MEXICO'S DILEMMA forty thousand dollars a month protection money from the oil companies. Carranza gets one hun- dred thousand dollars in taxes every month from the Standard Oil Company; two hundred thou- sand dollars a month from the Huasteca Petro- leum Company, and more from the Lord Cowdray interests. The oil producers maintain Pelaez, his soldiers and his government, and they contribute more than any other foreign interest toward the revenues of the present Mexican Government. But — and this is where the story of King Pelaez begins — the trouble at Tampico has not been in the territory controlled by the bandit, but within the city limits, dominated by the central govern- ment. There have been no strikes in the oil dis- tricts where this black, crude product gushes from the earth at the rate of nearly a million barrels a day. No American lives have been lost ; no Amer- ican or European property has been destroyed. In Tampico itself strikes have occurred and may develop at any time. No one can tell what a com- bination of I. W. W. agitators and German in- triguers may do. But the curious thing is that the oil companies are satisfied. *'We believe," remarked one of the managers, "and the United States believes, that as long as we are at war with Germany it is best to leave well enough alone. We are getting oil out of Mexico. That is our part. That is what the United States and Great Britain want. That is what the companies want." GERMANY'S ALLY AT TAMPICO 73 ' * But how are you going to adjust this situation finally?" I asked. "Quien sabe?" they answered. They don't know. No one else seems to know. But of this they are certain: They don't want President Carranza to control the oil fields, especially dur- ing the war. They fear that if his generals con- trol the wells they will submit to German influ- ence and demand a prohibitive tax under threat of cutting the pipe lines. The oil companies are opposed to the policy of the United States Gov- ernment in lifting the embargo on war material, because they maintain that if the present govern- ment begins an attack upon Pelaez the oil com- panies will suffer. They declare that the only thing that maintains peace is the lack of ammuni- tion. Time was when the oil interests were under the thumb of General Pelaez. To-day Pelaez and his chief insurgent, General Enriquez, are ruled by the companies ; but the relations, at that, are very cordial, though some of the smaller oil companies do not feel this way. I was sauntering through the hot streets en route to my hotel one day when I met the secre- tary of one of the small but important companies. "I have some documents that may interest you," he said, "providing the name of our com- pany is not used. We have just been held up for six thousand dollars." T accompanied him to his office, where he showed 74 MEXICO'S DILEMMA me the correspondence he had had with General Enriqnez, the so-called brains of the Pelaez Gov- ernment because he is the only educated man on the rebel leader's staff. One of the notices in Spanish, as translated, reads : EEVOLUTIONAKY AEMY Pelaez Division Military Command CIRCULAE I bfeg to advise you gentlemen that twelve days are conceded to you, counting from this date, in order that you may please cover your debts which you have pending with this military command. It is understood that if the same are not paid within the term specified that I shall be obliged to proceed in a manner I may deem convenient. LIBEETY, JUSTICE AND LAW Juan Casiano, Mex., August First. Eneiquez. The three impressive words — Liberty, Justice, Law — ^make up the motto of the Pelaez Govern- ment. Though one is tempted to look for prac- tical evidences of the motto, one does not, because it might not be safe ! Explorations in an oil jun- gle should be limited to oil. At least that is what I was advised. It is not safe, either, to send money to Pelaez or Enriquez, except by trusted messenger. The GERMANY'S ALLY AT TAMPICO 75 danger is not so much that the money might be lost or stolen as that some government authority might hear of it and you might be arrested for giving aid and comfort to an enemy of the Mex- ican Government, The cautious policy is always the safest in Mexico. This company, of course, knew the rules of the game and despatched the twelve thousand pesos to Enriquez. A note thank- ing the general for his services in protecting the company's properties accompanied the tribute. A few days later General Enriquez acknowledged it in the following manner : Appreciable Sir: I take note of your courteous letter of the second instant, and in reply I wish to state that I take pleasure in offering myself to your orders. Your true and attentive servant, Enriquez. A few months before this when conditions were less settled — one might say less unsettled, too — King Pelaez used to require unusually large sums at irregular intervals. But this was not an ap- proved business method in the United States, so it was explained to Pelaez, who a few years ago was an ignorant rancher, and Pelaez was con- vinced that he should receive his taxes regularly, as all governments do. Pelaez has a teachable mind ! One time Pelaez demanded twenty thousand 76 MEXICO'S DILEMMA dollars from one of tlie companies. The corpora- tion had already paid a large snm and could not afford to meet his requirements ; but Pelaez was, at the time, an unlimited monarch. He made war or peace as freely as the German Kaiser. And inasmuch as Pelaez had the army to destroy the company's wells the treasurer knew the taxes had to be paid, so he bought twenty thousand dollars in counterfeit money and gave it to Pelaez. The general did not examine the bills, and everything was satisfactory. The next day Pelaez paid his soldiers, and when they attempted to pass it in the small villages the shopkeepers refused anything but metal coin. The general notified the treasurer and demanded real money immediately. The treasurer explained that he could not come to camp for several days but that he would adjust the matter. It was quite evident that a mistake had been made ! Three days later he appeared at Pelaez 's head- quarters. "Where is that money? " he asked. Pelaez handed it back. The treasurer took from his pocket a rubber stamp that he had had made and, one by one, stamped each bill with the fol- lowing : Money of the Pelaez Govebnment. Good. "Now if you can't get your soldiers to accept | this money of your own government," the treas- ! GERMANY'S ALLY AT TAMPICO 77 urer stated, ''I don't think much of your govern- ment. ' ' Pelaez was impressed. All governments should have their own currency. Now Pelaez had his! The soldiers accepted the money, and so did the shopkeepers! The twenty thousand dollars cost the treasurer two hundred dollars. But not even a peon king can be fooled the same way twice. Another company tried to give Pelaez counterfeit money, but this brought the following notice to all companies from General Enriquez: EEVOLUTIONARY ARMY Pelaez Division Military Command CIRCULAR In view of the fact that in the circulation of the new ten-dollar gold pieces — twenty pesos — many counterfeit coins are coming out, I have to request of you gentlemen that in the future you will please make your payments in coins of prior coinage or in five-peso pieces. liberty, justice and law Enriquez. Juan Casiano, Mexico, August 1, 1917. These are only a few of the many interesting circulars and letters that were shown me by the oil companies. One does not wonder why the com- panies do not protest when one learns how im- 78 MEXICO'S DILEMMA portant the protection by Pelaez and Ms band of bandits is. These figures, taken from the records of the United States consulate at Tampico as fur- nished to the State Department by Claude I. Daw- son, the consul, show that during the first six months of last year 24,376,824 barrels of oil in all forms were exported. An illuminating table follows on page 79. This calculation, however, is far below the pos- sible production of the Tampico fields. With the present equipment, pipe lines, pumping stations and wells the oil companies operating can produce as much as a million barrels of oil a day, but if any more oil were produced there would be no ships to carry it away. The submarine losses are felt in Tampico too. A million barrels of oil every twenty-four hours — enough, seemingly, to fill the Hudson River, if the basin of that river off Manhattan Island ever went dry ! The largest producing companies in the Tam- pico district are El Aguila, the Mexican Eagle Company, belonging to Lord Cowdray, and the Huasteca Petroleum Company, founded by Mr. E. L. Doheny, of Los Angeles. These two cor- porations have the most wells and the largest wells, measured by daily capacity. Both com- panies have big camps in the oil jungle. At the Cowdray camp at Terra Armeria General Pelaez lives with his staff and soldiers. General Enri- quez and his staff live at Juan Casiano, the big- GERMANY'S ALLY AT TAMPICO 79 TOTAL OIL SHIPPED FROM JTAMPICO, JANUARY TO JUNE, 1917, INCLUSIVE Statement Prepared hy Mr. Claude I. Damson, U. S. Consul at Tampico BARRELS Crude Oil Distillate Reduced Topped Kerosene January, 1917 United States 2,018,733 Mexico 176,218 Foreign Countries 234,799 Total 2,429,750 February, 1917 United States 2,081,245 Mexico 400,424 Foreign Countries. . . . 494,027 Total 2,975,696 March, 1917 United States 3,087,903 Mexico 403,832 Foreign Countries .... 589,716 Total 4,081,451 April, 1917 United States 2,849,994 Mexico 271,134 Foreign Countries 866,407 Total 3,987,535 May, 1917 United States 3,072,181 Mexico 281,296 Foreign Countries 445,023 Total 3,798,500 June, 1917 United States 2,719,520 Mexico 298,594 Foreign Countries 523,182 414,100 105,500 70,000 357,700 59,000 557,750 19,000 60,000 128,000 443,000 61,000 90,000 407,546 40,000 135,000 494,000 73,000-48,000 Total 3,541,296 Total 20,814,228 896,100 2,365,496 Grand Total. . . 24,376,824 barrels 253,000-48.000 80 MEXICO'S DILEMMA gest Doheny camp. The Standard Oil Company, the Mexican Gulf Company and the Texas Com- pany are the largest refiners of oil. They pur- chase the crude oil from many of the small pro- ducers and make gasoline, fuel oil, kerosene and thirty other products, which they ship to all parts of the world. ''Who is Pelaez?" I asked in Tampico. "An ignorant Mexican rancher," was the uni- versal reply. "He is a revolutionist, like all of us, against the Carranza Government. He has a loyal army that protects our property and work- ers. Pelaez is king of the police in the oil dis- tricts. ' ' "And Enriquez?" I questioned. "A Mexican doctor," answered the foreigners, ' ' cultured, educated, refined, and a thorough gen- tleman. He had a drug store in Tuxpan — another port on the Gulf of Mexico, pronounced as if spelled T-u-s-p-a-n. When the revolution broke out the Carranza troops burned his store. He lost forty thousand pesos and joined the forces against the First Chief of the Constitutionalists. He is fighting in the field to-day, awaiting the time when a responsible government will be established in Mexico City. Then he will go back into business. ' ' I was talking to one of the producers one day when he asked whether I would like to meet Pelaez and Enriquez. "The oil king?" I asked. "Certainly! Long live the king ! ' ' THE GUSHER OF THE CERRO AZUL OIL WELL — 6oO FEET HIGH GERMANY'S ALLY AT TAMPICO 81 When one is in Mexico one must do as tlie Mexicans do! One must shout "Long live Pe- laez!" when one is in his territory. It is a safe policy anyway always to be Mex- ican to a Mexican. I was lunching one day with an American official who had been sent into this country to meet the various factions. He told me the difficulties he had in being Mexican, but he said it paid him, and he cited the following instance : He was in a small coast town, where he called to pay his respects to the governor. He desired a friendly talk and knew the best place would be about a banquet table, so he invited the general and his staff to dinner. The officer was bashful. That, indeed, was unusual. The general sent word that while he would enjoy lunching with American officers he was compelled to excuse him- self because he had not been trained to dine with such high personages! The American and his staff were shocked upon finding a general who did not proclaim hourly what a great, accomplished gentleman he was even if, two years ago, he was a night watchman in Vera Cruz. The Americans urged the general to come, and he did. Before the guests arrived the visitors held a conference and the chief said: ''General Blank, commander of the State of Blank, is coming to dinner to-night. I want every one of you gentlemen to take your table manners from him. If he eats soup with tortillas, chicken 82 MEXICO'S DILEMMA with his fingers and drinks out of the finger bowl, every man does the same ! The guests are not to be embarrassed." The Americans, in a cordial but not a very pol- ished manner, welcomed the Mexicans. At the table there was a great deal of talking at first, and every one waited for the general to begin to eat. But he didn't! And they waited a little longer, until the soup was cooled. Finally the American official, who had been in Mexico long enough to know that one must do as the Mexicans do, drank his soup. Without a smile or a mur- mur every one did the same. When the meat was served fingers and knives were used, and at the close of the meal toothpicks instead of finger bowls were passed. The general was delighted to think that he could eat with Americans and be so con- tented ! To this day he is pro- American ! I had been in Mexico several weeks, and when an opportunity came to see a live bandit I was enthusiastic, and I got up as early on the morn- ing we left as I did years ago when the circus came to Kichmond, Indiana. To reach the Mexican oil fields one must travel between sixty and eighty miles south of Tampico. At the wharf one boards a fast gasoline launch at sunrise and travels through the canal and Panuco Eiver some twenty miles to a landing sta- tion belonging to one of the oil companies. Eight miles out of the city one meets a band of eight Carranza soldiers. They are on outpost duty to GERMANY'S ALLY AT TAMPICO 83 see that no Pelaez followers enter the city. From this point on one need not say, ''This belongs to one of the oil companies," because everything be- low, above and on the earth belongs to some oil concern. The Lord Cowdray and the Doheny cor- porations have more than a million acres each. From this small dock one rides by automobile twenty miles farther into the jungle, over the only wagon road in this part of Mexico. Another launch takes one across Lake Tamiahua to San Geronimo. As one glides through the quiet waters early in the day one sees thousands of flying fish, and at times the horizon is blackened with wild duck. There is so much game and there are so few hunters that this is an undreamed-of para- dise. As the launch swerves toward the dock one sees several hundred Mexican labourers standing about the narrow-gauge railway track, awaiting the de- parture of the work train for the fields. Puffing along at eight miles an hour the dummy engine jerks and whines through the jungle to the camp at Juan Casiano. Beside the tracks one sees mahogany and oak trees, banana plants, orange groves, cornfields, and here and there the straw- thatched roof of a peon's home. Men and women are dressed in one-piece garments; many chil- dren are naked; others like one boy I saw with his mother's shirtwaist hanging loosely from Ms shoulders. Spanish moss, orchids and other plants grow as 84 MEXICO'S DILEMMA parasites over the trees, many of whicli are being strangled to death by this growth. Many parts of this territory have never been explored. Wild beasts rule the forests and hills. There are wild boars and snakes. Sometimes the latter come up on the railway bed for their sun nap. There are buzzards, the prehistoric scavengers, and Alice- blue butterflies. Beautiful birds of the tropics fly from bush to bush. Some places along the line the natives have planted corn. Their cattle graze along the roadway, and frequently the train stops to give the cows time to get off the track. Fields are so fertile that the corn averages more than twelve feet in height. The planting is as primitive as the people are. The natives punch a hole in the earth with a stick, drop a grain of corn and cover it up. In two months they can gather the ears. After one has travelled a few miles by train one enters the oil fields. Between the hills of the rolling country one sees the derricks where wells are being drilled. When the oil begins to gush out of the hole it is diverted into pipe lines, which carry it sixty miles to Tampico. Geologists estimate that this country for cen- turies has floated on oil — ^but less than eighteen years ago American explorers tapped the first well. At that time there was only one company in the field. To-day there are more than a score. Then the land could be purchased for less than fifty cents an acre. To-day the cheapest available GERMANY'S ALLY AT TAMPICO 85 land rents for five hundred dollars an acre per year, and the owners demand royalty on oil that may be extracted. The largest well ever discov- ered produced a million barrels a day, but only for five days. To-day boiling water gushes out into the lake. The next largest well is that of Cerro Azul. Its capacity is estimated at two hun- dred and sixty thousand barrels every twenty- four hours. It has been running steadily since 1914. The best wells produce more than sixty thousand barrels a day, and no well is considered very productive that does not give up ten thou- sand barrels between sunrise and sunrise. There is so much oil in Mexico that it gushes out of the ground as soon as a hole from two to three thou- sand feet deep has been drilled into the mud, lime- stone and sand. Some gushers have spouted oil six hundred and a thousand feet into the air before they were capped. One well emptied more than a million barrels into one of the valleys before it was capped. From the railroad station we rode to the camp in a buckboard pulled by four mules. As the driver drew the reins General Enriquez saluted us. At last we were at one of the headquarters of the bandits. With Enriquez were his chief of staff, an Indian general, interpreters and soldiers. The general is short, heavily built and dark com- plexioned. He has long thin fingers, small feet and dark brown eyes. He wore a brown army shirt, riding breeches and tan boots. Eound his 86 MEXICO'S DILEMMA instep were buckled heavy, hand-engraved silver spurs. From the cartridge belt hung a forty- eight-calibre revolver. We sauntered uphill to Enriquez's headquar- ters. Bill, the guide, Enriquez and I sat on the general's bed. The three chairs were occupied by his staff. Pelaez had been there for a confer- ence the night before but had left for the Cowdray camp at dawn. The conversation began with Car- ranza and ended with the President. But most of the talking was done by an Indian general who had just returned from a thirty-five-day hunt for Indians and others loyal to Carranza. His im- agination was as unlimited as the oil fields and he gloried in having a foreign audience. His last battle was his most thrilling one. It happened in this way : The Mexican Govern- ment sent rifles and ammunition to General Ma- riel, one of the Carranza leaders along the Gulf of Mexico, who immediately armed the half- civilised Teptzintla and Santa Maria Indians. These wild men started to raid the outskirts of the oil district and Enriquez 's Indian general with a band of troopers was sent out to halt them. In thirty-five days of wilderness fighting two hun- dred Indians were accounted for, and then the general entered a small town where he found seven bandits — ^he called the Carranza troops bandits — terrorising the village. Five were killed in the first skirmish, but the general was shot four times in his right knee and one of his soldiers was killed. GERMANY'S ALLY AT TAMPICO 87 A Carranza soldier, he said, emptied his auto- matic into the side of the trooper and then shoved the pistol into the wound. When the remaining two were captured they were executed. The general told almost unbelievable tales. He said the wild Indians in a war dance, a few days before he arrived, had thrown women into the flames as sacrifices. This is the Liberty, Justice and Law of the oil jungle ! For the benefit of the auto owner who, like my- self, did not know how gasoline is produced, per- mit me to make this explanation: The crude oil as it comes from the earth is pumped to Tampico, where the refineries are located. Some is shipped to refineries in the United States. This oil is heated in large tanks to three hundred and fifty degrees. From these tanks it flows into cooling tanks; the heavy oil goes to the bottom and the vapour, or gasoline, flows out near the top. Gaso- line is but the light ingredient of heavy mineral oil. When the crude oil reaches Tampico the trouble begins. The Mexican Government taxes crude oil, gasoline, distillate and other by-products so heav- ily and the expenses of shipping it to England and the United States are so great that crude oil which costs twenty cents a barrel in Tampico must sell for sixty cents a barrel in Texas. All the oil ships in and out of Tampico must go through the Panuco River, which flows into the gulf seven miles from the eity. The river must 88 MEXICO'S DILEMMA be dredged constantly to enable the ocean-going liners to reach the docks. Throughout the revolu- tion all oil companies have been paying six cents a barrel bar tax to keep the river deep enough for their ships, but for nearly four years little dredg- ing has been done. A few months ago the central government noti- fied the oil companies that an American dredging concern had been engaged to work in the river and that the oil companies would have to pay the costs, amounting to one hundred thousand dollars a month. With conditions so unsettled and dangers lurk- ing in every business deal the oil companies to- day are doing no development work. They are taking no chances. They believe that Article Twenty-seven of the Mexican Constitution permits the government to confiscate their property and they declare that they cannot afford to spend more money in Tampico until they know how the gov- ernment intends to interpret this. The companies are literally between the jungle and the sea. No one knows what move the Car- ranza Government may make. No one knows what steps the United States and the Allies will take to protect the oil country if the central govern- ment begins an invasion, as President Carranza announced it would do, in his speech before Con- gress on September 3, 1917. At the opening of Parliament he proclaimed his intention of driving the rebels out of the oil fields. ' ' They have been GERMANY'S ALLY AT TAMPICO 89 supported by foreign oil companies," he declared. There is no doubt about the truth of this latter statement, but the companies maintain that if the fields were in the hands of the Mexican Govern- ment the government could maintain a strangle hold on the Allies — and Pelaez, they declare, is pro-Ally. The oil companies want a status quo until the war in Europe is over. Then, and per- haps sooner, the real fight about Tampico will be- gin. This part of the Mexican problem is not settled. But on the surface of things in Tampico there is not a ripple. Pelaez cannot come into the city and the Carranza forces cannot go into the coun- try without a fight. No Man 's Land separates the belligerents here as it does in France. The I. W. W. and the Germans are taking ad- vantage of this chaotic situation, and they are preparing for eventualities. Some day there will be a clash in the oil fields or in Tampico, and when that hour comes the world will learn whether Ger- many's ally or the United States and her Allies control the situation. Further trouble in Tampico or in the oil dis- tricts will benefit Germany directly because it will affect the oil supply of the United States and Great Britain. No one seems to know the solution in Tampico, but every foreigner hopes that the ammunition which the Mexican Government has obtained from the United States will not reach the Gulf of Mex- 00 MEXICO'S DILEMMA ico. The foreigners want a status quo until Ger- many is defeated. Then, then indeed, something will have to be done to settle the jurisdiction over the oil territory. Tampico oil is a world neces- sity. Anarchy, another German ally, cannot rule forever. Where there are smouldering flames of discontent there will be smoke. Before I went to Tampico the Chief Mexican Manager of one of the largest oil producing com- panies gave me a memorandum regarding the oil supplies of the Allied powers. I print this here as it contains a great deal of valuable information and shows how vital Tampico is to England and the United States in the war against Germany. The writer is a man of very firm convictions and the interpretations of clauses in the Mexican Constitution and his opinions regarding the gov- ernment are his, not mine! I present the mem- orandum here because it is the statement of an expert. MEMOEANDUM. THE ALLIES' OIL SUPPLIES By an American Business Man 1. Petroleum and gasoline are the two most important war materials to-day. Neither aero- planes, tanks, motor trucks, submarines, chasers, destroyers nor battleships can run one foot with- out one or the other. 2. To survey the world's production of crude GERMANY'S ALLY AT TAMPICO 91 oil, necessary for tlie manufacture of gasoline, Diesel oil and navy fuel : The Dutch East Indies and Burmah: Too far away to serve as a source of supply in the present shortage of tank steamers. Persia: Remote, and on the Mediterranean route. Submarines have destroyed many tankers on this route. Production small. Russian Fields: Available only to the Russian Allies. Roumania: In Grerman hands. Galicia: In Austrian hands. United States: Practically the only source of crude oil and gasoline supply for our allies and our own forces. But see annexed report of Hearing before Sen- ate Committee, No. 1, page 32. The Department of the Interior gives the following figures : Year Consumption Percentage Increase Production Drawn from Stock 1914 247,015,396 276,399,918 312,000,000 353,000,000 12 13 13 1915 1916 1917 281,000,000 296,000,000 286,990,000 None 18,500,000 67,000,000 Note that the Interior Department calculates a shortage of 67,000,000 barrels of petroleum in the United States for purely peace purposes for 1917. Elsewhere in the Report of the Hearing, note statement by the Bureau of Mines that it cal- culates an additional shortage of 20,000,000 for war purposes. Since this estimate it has been determined to build and operate from 35,000 to 02 MEXICO'S DILEMMA 100,000 aeroplanes. This will take an additional amount of from 3,000,000 to 9,000,000 barrels of high-grade gasoline, which production will make an additional shortage figured at from 40,000,000 to 63,000,000 barrels of crude. The total shortage, therefore, is aroimd 137,000,000 barrels for all peace and war purposes in the United States, which, outside of Mexico, is the only practical available supply. Mexico : Mexico to-day can produce from wells already drilled in, how largely capped or cut down, 1,059,000 barrels per day, and the field is only wild-catted. The actual production (crude oil sold or put in storage) is at present only about 50,000,000 per annum, or 137,000 barrels per day, most of which goes to the United States. Shipments to the United States from Mexico are limited by: a. Lack of tankers. The largest producing company (Mexican Petroleum Com- pany) has turned seven of its tank steamers into the British trade. The ships are chartered to the British Government. More tankers, however, are being completed. b. Lack of transportation to tide water. The total potential carriage from well to tanker is now: To Tampico — By river barges 25,000 bbl. per day By Huasteca pipe lines. . 75,000 « « « By Agnila pipe lines 25,000 « « « 125,000 " " " To Tuxpam— By Penn-Mex pipe line . . 25,000 « " " By Aguila pipe lines 50,000 « « « Total present capacity pipe and barge . . 200,000 « « « GERMANY'S ALLY AT TAMPICO 93 or 73,000,000 barrels per annum. In addition, there are at least 9,000,000 barrels in storage at Tampico and Tuxpam, ready for tanker transport to the United States and her Allies. The Mexican Petroleum Company and prob- ably the Aguila stand ready to increase pipe line facilities up to an additional 50,000,000 barrels per iannum if they are only guaranteed protection of their governments in the construction and in their investment. See testimony of Edward L. Doheny in annexed Eeport of Hearing, No. 3, page 123. The production of the United States can be in- creased, if at all, only slightly. The Mexican pro- duction is there already. It is in the hands of American and British companies which have taken the risk and made the great investment to get it. If their rights are respected or made respected by their governments there will he no shortage of petroleum supplies for the United States and the Allies in the war. There will actually be a pleth- ora. n But we have to count with the real hostility of the de facto government of Mexico, which is no- toriously playing with the Germans. In January, 1917, a packed constituent assembly, at Queretaro (membership in which was limited to ''those who had served Carranza," or less than 1 per cent, of the whole population) adopted a ''constitution" 94 MEXICO'S DILEMMA which contains the following provisions pertinent to this subject: Article 27. In the Nation is vested ownership of petroleum and all hydrocarbons. .... The ownership of the Nation is inalien- able and concessions shall be granted by the Federal Government to private parties or corporations organised under the laws of Mexico. Article 28. There shall be no exemp- tion from taxation Article 123 (Of Labor and Social Welfare) XVIII Strikes shall be considered unlaw- ful only when the majority/ of the strikers shall resort to acts of violence against persons or prop- erty. Article 27 deliberately confiscates the oil prop- erties acquired by British and American com- panies. Oil in Mexico has always been the prop- erty of the owner of the fee. The companies men- tioned have spent large amounts of money to ac- quire oil rights by purchase and lease. The effect of this ''constitutional" provision, if it is recog- nised as legal, is to make Mexican petroleum the inalienable property of the Nation. As such, be- ing contraband, neutral Mexico cannot allow its shipment to belligerent nations. Legislation is now before the Mexican Congress putting this ' ' constitutional ' ' provision into effect. Article 28. The principal oil-producing com- GERMANY'S ALLY AT TAMPICO 95 panies entered the field of oil exploration under inducement contracts providing that no special or export taxes should be levied against their prod- ucts. The Mining Law of 1887, never repealed, provides that petroleum shall not be specially taxed. This article of the constitution of 1917 puts an end to this protection, violating contracts. An excessive export tax on petroleum and gaso- line, amounting to from 20 per cent to 50 per cent of the value of the oil at the wells, has been ''decreed," and is in effect and payable in July, 1917. If the principle is accepted, Mexico is in a posi- tion to embargo shipments of oil to the Allies by increase of the export tax. No friendship toward the Allied cause has been manifested by the de facto government of such nature as to lead one to suspect that Mexico will fail to so embargo ex- ports. Art. 123. By this article, 49 per cent of a body of strikers may legally destroy properties and lives. Only when 51 per cent are so engaged is the strike illegal enough to justify the interven- tion of the authorities. This seems childish; but this very "constitutional" precept was invoked by the Presidente Municipal and the Jefe de Ar- mas of Tampico during the strike in the British and American oil termini in May, 1917, to justify their refusal to interfere with the ' ' strikers ' ' who were carrying torches around the storage tanks. Destruction was prevented only by the interven- 96 MEXICO'S DILEMMA tion of the American gunboats in the Pamico Eiver. The strikers were openly and notoriously paid during this tie-up out of the office of the German Consul, Eversbusch. The Imperial German Empire has a Minister in Mexico, Consuls in all important centres, and intelligent Germans scattered throughout the country. They are hand-picked Germans. They are most friendly with the Mexican authorities. The Mexican army has many officers of German birth and training. Fortunately for the Allies, the oil fields are in the hands of a counter-revolu- tionist, with a personal interest in the safety of the fields. Should he (Manuel Pelaez) be driven out by the German-officered Carranzistas, the wells now producing would be in danger ; but such dam- age as they could do would be repaired within two weeks after the arrival of American troops in the fields. By the "constitutional'^ articles quoted above, the Germans have three excellent means of block- ing the oil supply of the Allies : (1) By protesting against the shipment to belligerents of a contraband material declared to be the property of the Mexican Government. (2) By encouraging the de facto government to increase export taxes to the prohibitive point. (3) By fomenting strikes in terminals and in the fields and attendant legalised destruction of oil in storage. GERMANY'S ALLY AT TAMPICO 9T Assurance of the oil supply is simple : Refuse to recognise the de facto Mexican Government as a de jure government and make it plain that none of the confiscatory and retroactive provisions of the ''constitution" shall be enforced. If the ''constitution" is enforced, German agents have at least three distinct means of end- ing the Mexican supply of crude oil, vitally needed in the war. If British and Americans in Mexico are simply protected in their legally acquired rights and properties, by austere demands and acts of the American and British Governments, There Will Be No Petroleum Shortage. Problem: To make the American and British Governments see it. CHAPTEE V THE LAST SPY OFFENSIVE ON one of the main streets of Tampico stands a solid one-story cement building which, according to a large sign ribboned across the top like a banner, is the Agenda Comer- cial y Maritima. The members of the firm, judg- ing from an announcement in equally prominent letters, are Heynen, Eversbusch y Cia. A smaller placard near one of the entrances states that this is the Consulate of the Imperial German Govern- ment; and under the glass cover of the bulletin board, also on the outside of the building, are notices to German citizens regarding service in the Imperial Army. I shall not describe the structure further, ex- cept to remark that it stands on the sunny side of the street and that it is the chief German banking institution in this section of Mexico. The descrip- tion is not important, except to fix in the reader's mind the cementlike reality of the narrative the events of the war have woven about the place, for this imposing edifice is one of the chief way sta- tions on the spider's web of the German Secret Service in the republic south of the Eio Grande. 98 THE LAST SPY OFFENSIVE 99 Before the United States Congress declared war against the Berlin Imperialists, Senor and Herr Carl Heynen was one of the active German agents in the United States and Mexico. So important was he considered by the United States Govern- ment, whose detectives found him in the United States when war was declared, that he was placed in an internment camp, where he lives to-day in peace and quiet. Herr Eversbusch, the other member of the concern, being the German Consul at Tampico, always remained in that city, to direct the financial transactions of the institution and protect Germany's interests. Before America was a belligerent the Agenda Comercial y Maritima communicated in code with banks and individuals in the United States. When a censorship was established these messages were stopped ; but the pause was only temporary. The State Department announced one day that those concerns having business of a confidential nature in the United States and Mexico might, by filing a copy of the code with the United States censors, continued to communicate as in the pre-war days. At the time this pronouncement was made the American Consul, Mr. Claude I. Dawson, was in Washington, and a young vice consul was acting in his stead. One day a representative of Herr Eversbusch appeared at the Consulate with a code of this bank and the statement that, inasmuch as the bank did business with American concerns in Houston, Texas, and in New York City, it was 100 MEXICO'S DILEMMA entitled to the use of its code. The secret docu- ment was filed with the American authorities and for an indefinite period — the authorities are not quite certain how long — this German bank and the German Consul in Tampico sent and received secret messages to and from the United States. The practice was not interrupted until Consul Dawson returned to his post. Of course it required considerable faith on the part of Herr Eversbusch in the inability of the United States to discover such an obvious scheme at deception; but in this faith in Uncle Sam's advertised laxity the German official was dis- appointed. He was found out and this line of communication was cut, as have been most of the lines between German agents throughout the world and the Berlin Government. I cite this instance to show that, though Ger- many has planted and selected her secret-service operators in every country on the globe, the Allied and American Secret Service offensive against the lines of communication between enemy spies and their Berlin headquarters has been so successful that one may, for the first time during the war, speak of the checkmating of the enemy's intelli- gence service. Battles in the air have been more spectacular, those on land more intense, and those on the seas more baffling than the secret battles between the belligerent intelligence departments; but few have been more important. What, for instance, could be more important, so far as the LA CUCARACHA FRASES POPULARES Los Tres de la Vida Airada. CUM^ iruuc^ %^.<^^^ ^^-'-^^is-^ PRECIO : 20 cealaros oro naclonil ANOTHER VIEW OF GERMANY'S LEADERS THE LAST SPY OFFENSIVE 101 United States is concerned, than the checking of the last German spy offensive in Mexico, which had for its object a military clash between that republic and the United States ? The last spy offensive marked the climax to German operations on the American continent, just as the discovery of German-paid intrigue to force peace in Europe has shattered the Imperial plans for an Imperial peace. Undoubtedly Germany still has her trusted agents and their bribed assistants in Washington, London, Paris, Rome, Petrograd and other cities ; but most of them are like a swarm of wingless bees miles away from the hive. The Allies and the United States have had to fortify themselves against spying as against military attack, and their defences to-day are almost flawless. They have succeeded in discovering if not in destroying the channels through which information was sent to and from Berlin. Sometimes, seemingly by mere chance, a link has been broken, as in the case of the wireless operator on an interned Teutonic liner who escaped to Mexico before Congress de- clared war. When I was in Mexico City, and even before I left the United States, I heard reports about secret German wireless stations ; but I was unable to establish the location of any German tower that was not deaf and dumb, and that had any other sign language as a substitute. After diplomatic relations between Washington and Berlin were severed the chief wireless officer im MEXICO'S DILEMMA on one of the Hamburg liners formerly tied to a Hoboken wharf dismantled and took apart the plant on his ship, packed the essential parts in trunks and suitcases, and boarded a train for Mex- ico. Before April fourth he was safely across the international border, bag, baggage and all. This wireless operator had been ordered to Mex- ico to construct one of the links in the proposed chain of communication between this hemisphere and the Kaiser's agents in Spain and Germany. But he was only one of many suspected Germans who escaped from New York before this country was formally at war with the autocratic enemy. There were many others, who were to spread the nets of German intrigue in Cuba, Mexico and Cen- tral America, and who left at the same time. By June these men were scattered in all the leading cities of the South, there to begin their operations upon orders from abroad. It is perhaps not necessary to state that before this wireless operator packed his instrument he invoiced and carefully examined it to make sure he had all the parts needed. Those that were miss- ing he bought through an agent; so when he left Hoboken he was certain that every part needed to make the wireless plant a success, with the excep- tion of the tower and the electric power, was se- curely registered in his baggage. When he arrived in Mexico City he reported to his All Highest officials, and within a short time was ordered to rebuild the plant he had taken THE LAST SPY OFFENSIVE 103 from the interned liner. With true Teutonic plod- ding thoroughness he assembled the parts, only to discover that one of the pieces he was certain he had packed, because it would be impossible to get a substitute in Mexico, was missing. He searched his baggage, re-examined the parts, consulted his lists, and to his astonishment and amazement learned that one of the most important features of his instrument was missing. A closer inspec- tion of his baggage showed that it had been opened. Some one — perhaps it is not necessary to say who, but some one who evidently knew his scheme — had entered his baggage and removed such an essential part of the machine that it could not be used in Mexico unless the part was imported from the United States. And by this time the United States was at war with Germany. This man tried through many agents to get this part from the North ; but at the time I left Mexico City, in Sep- tember, 1917, he was still seeking the missing link. Some one was just a little bit more clever than he ; and that some one must have been an enemy. Perhaps it was some one in the United States Department of Justice, perhaps some one in the British ; or it might have been some one in the New York detective service. It really does not matter who did the work; but it has meant a great deal to the United States to have it impossible for this German subject to erect his wireless station in Mexico. 104 MEXICO'S DILEMMA German efforts in Mexico were divided into three classes : the press propaganda ; the business intrigue ; and the political endeavours. The press work was placed in the hands of Herr von Lubeck, a wealthy German merchant, who collected three hundred thousand dollars from Germans in Mex- ico City as an initial campaign fund. About the middle of 1916 it was discovered that these various organisations were not only making detailed reports to Berlin, but that they were re- ceiving instructions from headquarters there. This correspondence, which was written as con- fidential, was intercepted; and one document, which I obtained, discloses in a general way the activities of the German agents. In order to make possible an efficient secret service it was necessary for Germany to spread a net over Mexico, as she did over the United States ; but in casting this net in the well-known German secret manner, it struck snags, and the holes torn were so great that the German service in Mexico has lost its effectiveness. All the German agents in Mexico are known to the Allies. Every move- ment is traced, though sometimes it is exceedingly difficult to do so; and, though there are Germans travelling throughout Mexico all the time, their plans are nipped before they are well under way. Mexico, which was to be the Spy's Paradise, has become the German Spy's Hades. Travelling on Mexican trains, I met a large num- ber of Germans. On some railroad lines there were THE LAST SPY OFFENSIVE 105 more Germans than Americans. When I boarded the train at Monterey for Tampico there were four Grermans aboard and two Americans. The re- mainder were Mexicans. Travellers in the in- terior declared that German agents were travel- ling in various parts of the country — on business ; but through the loyal co-operation of American business men and British commercial agents these men are so effectively tracked that, even before they can do anything to cause trouble, their plans are exposed or placed before the Mexican Govern- ment. At one time Germany tried to place German officers in the Mexican Army. At one time there were forty active German officers in that army. While I was in Mexico they were discharged. The Mexicans discovered that they could not be trusted in their posts, because, though they were employed to drill the Mexican Army, it was learned that their ulterior motives and their constant propa- ganda against the United States were inimical to the best interests of the Mexican Government and people. There is a great difference between American and German activities in Mexico. Time was when the Mexicans feared the Americans; when the Mexican Government suspected American motives and American plans in Mexico. And though that time is not past, most Mexicans are beginning to realise that, with the exception of a few big finan- cial and business interests in the United States, 106 MEXICO'S DILEMMA no one, from the Government to tlie majority of the American people, desires or would sanction American military intervention in that country. But the German plans are, almost without excep- tion, made with military ends in view. Early in 1915 there was organised in Mexico City a Union of German Citizens. On April six- teenth, 1916, the following report was sent from this Union to the Deutscher Wirtschaftsverband for Central and South America, with home offices at Potsdamerstrasse, 28, Berlin. The significant statement was made at that time, less than one year before the United States broke off relations with Berlin: ''It is not practicable for us to aid Germany by force of arms." A bold confession, indeed, that they had been thinking of military co-operation; but because of the small number ol Germans in Mexico it was not practicable to do anything which might aid Germany against the United States! ''This is to advise of the organisation of this society as far back as June sixteenth last year" — ■ 1915 — the report began. "As your association is occupied in Latin- American countries, our so- ciety will pursue the same course here. It is not practicable for us to aid Germany by force of arms; so our main intention will be to aid all possible in an economic manner. "The society was founded June sixteenth, hav- ing 164 members; and the first committee was chosen October twelfth, at which time the propa- THE LAST SPY OFFENSIVE 107 ganda was circulated in the capital and through- out the interior. At the same time 245 Germans of the Empire joined in the capital and 113 from the interior, making a total of 522. "As you can readily see from reading our stat- utes, we will accept none as members save native- born Germans, and their nationality must be proved beyond doubt. That proscription also per- mitted the Imperial authorities to recognise the nationality of sixty Germans. Moreover, a great number of Germans who, for various reasons, "by not observing the ancient regulations, lost their nationality,' have regained their standing as Ger- mans, and have been rehabilitated under the new liberal laws of the association. It is to be hoped that excellent results will emanate from this source. "Up to the present a great number of publica- tions on the war have been circulated in the cities and throughout the country, dealing with the Ger- man viewpoint, by the Ausschuss fiir Verteilung von Aufklarungs-Material, who have been work- ing for three months ; and a great number of Mex- icans have been convinced that we are in the right in the methods of conducting the war and in our spirit of German culture. "Also, the following technical works and serials have been distributed : The Great War in Descrip- tion ; The Actual War ; The Discourse of the Chan- cellor, September 12, 1915 ; and The War and the Right, by Dr. Ed. Llorens. 108 MEXICO'S DILEMMA ''The stories contained in the Herald, of Ham- burg, received here in December, met with great approval. ' ' The circulation of the propaganda will be as- sured by means of twenty-nine local committees, and other members throughout the country; and we are hopeful of the greatest results. ''Free courses in German have been instituted in the German schools by Mexican instructors without special effort on the part of our associa- tion, though a part of the general plan of the com- mittee, and have been received with great ap- proval by the pubhc, and add to our propaganda. By this means the public will be given to under- stand Germany and to receive the true communi- cations of our General Staff on the happenings of the war. The public will be disposed to accept our announcements. "It is desired to begin the immediate construc- tion of a German hospital, which will be a great impulse to our colony and will demonstrate to our following the power of German science, German ability, and the German spirit of organisation. If the Empire approves and gives aid it will be a great point for our propaganda. A committee of physicians has this matter under study from the scientific point of view. ' ' The colony of Germans of the Empire here is relatively small and the economical setbacks of the country for the past five years have^ greatly THE LAST SPY OFFENSIVE 109 hindered our spirit of enterprise against the eco- nomic strength of our enemies. ''Address correspondence for the president to Herr Ad. Christliebsen, Apartado 58, Mexico, or to the secretary, Hugo von den Steinen, Apartado 1221, Mexico City." When this communication was discovered en route to Berlin another avenue of German intrigue was opened up ; and, in view of the disclosures in the letter from former Minister of Foreign Af- fairs Alfred Zimmermann to the German Minister in Mexico City, it is easy to see what use the Im- perial Government could have made of the twenty- nine branches of the Verband Deutscher Eeich- sangehoriger in case Germany's efforts had suc- ceeded in influencing Mexico to invade the United States. Also, in view of the Zimmermann letter, one can understand the statement of this society in April, 1916, that ''it is not practicable for us to aid Germany by force of arms." The society, at that time, was just being organised, and was, therefore, not powerful enough to carry on mili- tary operations. Evidently Doctor Zimmermann thought the German citizens in Mexico could vio- late Mexican neutrality as easily as the German Army scrapped the treaty with Belgium. One can draw a remarkable contrast between this method of organising foreigners in Mexico with that of the American business men who, dur- ing my stay in the capital, planned an American Chamber of Commerce. The complete prospectus, 110 MEXICO'S DILEMMA published and signed by the leading American business men and bankers, I have given in the appendix of this book. The prospectus declared : "It is proposed to establish a purely commer- cial and non-political organisation, which will fo- ment the friendly trade relations between Mexico and the United States." Among the benefits to be derived from such an organisation were cited these : "Increase of the market in Mexico for Ameri- can goods of all kinds. "Increase of export of Mexican products to the United States and encouragement of production in Mexico by enlisting capital and creating new markets or improving present ones through better methods. ' ' The estabhshment of a much-needed bureau of business information about Mexico, its resources, opportunities and impediments, for the benefit of Americans in the United States who wish such in- formation but at present cannot get it from re- liable sources." Instead of being a secret report, as in the case of the German BericM to Berlin, the American report was published and widely circulated. No mention is made of military operations, interven- tion, and so on, and the object of the chamber will be as beneficial to Mexico as to the United States. That is the Great Divide between American enter- prise in Mexico and German intrigue. The object of the one is to develop honest business ; the Teu- THE LAST SPY OFFENSIVE 111 tonic object is to spread propaganda and convince Mexicans that the German methods of conducting the war are right. It might have been stated at the beginning of the war, because of the cleverness of the German spies and the spotless organisation, that everything they did was in the dark — at least, so far as the enemy was concerned. Those were the days when inconspicuous Belgian billboards, advertisements in French and British newspapers, direct tele- grams and letters from Russian traitors, and offi- cial documents from Italy were messages and re- ports from intelligence officers. To-day one might as correctly assert that the sun never sets on Ger- man intrigue, for practically every great scheme by which Germany has sought to embroil neutrals, destroy ships of friendly states, stir up discon- tent within belligerent nations, and make peace, has been discovered by the United States or the Allies before these plans, plots and military dreams came true. One day I was sitting in the lobby of my hotel in Tampico, chatting with an American editor, when two young men entered, greeting my com- panion. ''Mr. Blume and Mr. Nieno,'* he said, introduc- ing them. We sat round the table and discussed the war, when my companion remarked that I had been in Germany and had written some articles about that 112 MEXICO'S DILEMMA country ; then, turning to one of the guests, he said to me : ''Herr Blume, here, is the head of the German Secret Service." Then he smiled. "So," remarked Blume in good English, "you have been writing those lies about Germany! I have read The Saturday Evening Post for many years ; but when the war broke out I stopped read- ing everything about Germany. None of your magazines will publish the truth. The other night I read every article in the Post, except one about Germany. I did not want to read that one; but I couldn't sleep because it was so hot that night, and I read that article about one-thirty in the morning. It made me so angry I didn't sleep all night ! ' ' "Well," I replied, "you ought to read every- thing that is written about Germany, and maybe you couldn't sleep for a week! But what are you going to do when Germany becomes a democratic nation?" "Germany is democratic," he answered; and then the conversation followed other, less belliger- ent, channels. Though it would not be safe to assume that be- cause Herr Blume is considered by some of the foreigners as the chief of the Kaiser's service there, the fact that the allied foreigners can select one or more men who do His Majesty's work is significant in that it shows how even the ordinary citizen, at home and abroad, is a member of El Embajador: J Mi estar all-rigthi $0.25 i^OVER-CARTOON OF AMBASSADOR FLETCHER FROM 'i SMALL MAGAZINE, "mOMO/' MEXICO CITY THE LAST SPY OFFENSIVE 113 Democracy's secret service. In fact, what work is being done in Mexico to-day for the United States and the Allies is not the work of paid con- fidential investigators so mnch as the voluntary aid of American and Allied business men and travellers. There are Allied eyes to-day on nearly every German operation ; and more than one order to Imperial agents in Mexico has failed of execu- tion because of these sleepless eyes. It is not difficult to learn about the German moves in that country. The United States Gov- ernment knows every possible means of communi- cation between Mexico and the outside world. It knows of the possibilities through Salvador, Spain, Argentina and Japan. It knows the mes- sengers and agents who travel between Cuba, South and Central America, and Mexico;, and most of the time the United States or one of the Allies knows what is being sent. The system of watching the German agents in this Latin Re- public is so water-tight that most of the danger is past. One can meet many Americans who believe that our system in Mexico is weak because it is so easy for people to travel back and forth without pass- ports. I heard directly of several instances where Americans went to different parts of that coun- try without official permission ; and I returned to the United States without having to give up my passport, which is required now by State Depart- ment regulations. Some opium smuggling still 114 MEXICO'S DILEMMA goes on, some information still goes back and forth, and some Germans succeed, through Mex- ican and other neutral agents, in purchasing war materials in the United States ; but the big moves are almost always nipped in the bud. Not even the Austrian Consul in Monterey, the chief industrial and railroad centre in Northern Mexico, is able to get his carloads of sulphuric acid out of the United States, even though he has the largest wholesale and retail drug store in that part of the country. Whether his object is to divert this acid from war purposes, or whether it is for use in Mexico, it matters not. He was balked even when he organised, through Mexican work- ers, a wax-match factory, and ordered still more sulphuric acid. His business and that of his satel- lites may be the business of the Imperial German Government ; and Uncle Sam is not taking chances. The last spy offensive was another German failure, as both Mexico and the Germans are be- ginning to realise. Mexico and the United States in the mid-summer of 1917 were on friendlier relations than at any time during the war. Since I wrote the first of the series of articles which has led to the composition of this book there have been certain events of more than ordinary significance that change, in some respects, the statements I made in those articles. Between the time of the writing and the publication of the ar- ticle entitled ''Eising or Setting Sun in Mexico," President Wilson recognised the de jure Govern- THE LAST SPY OFFENSIVE 115 ment. President Carranza addressed an auto- graph letter to President Wilson, notifying him officially of his selection as President of Mexico at the last election; and on August thirty-first, 1917, Mr. Wilson, without consulting his Cabinet, extended our official recognition to the present Mexican Government. In Tampico the labour difficulties have in- creased ; and General Carranza has sent two hun- dred soldiers to the city to maintain order, while a number of Mexicans have written to the United States Consulate asking that American marines be landed to protect the city at night. In these letters the Mexicans declared that it was unsafe to go on the street after dark in some neighbour- hoods, and they requested American intervention. Food and money continue to become scarcer throughout Mexico, despite the official announce- ments. In October, 1917, the Federal Gov- ernment notified the governor of the state of Nuevo Leon that hereafter the Central Federal Treasury would be unable to give to the state that portion of the federal taxes which had previously been sent there. The governor was notified that he would have to raise money for the state govern- ment as best he could. In the warehouses of Monterey there were in August, 1917, over forty thousand hides ready for exportation; but they could not be shipped be- cause the Mexican Government demanded that the duty be paid in gold, and it was impossible for 116 MEXICO'S DILEMMA the exporter to get the required amount. He notified American officials that he had sixty thou- sand hides in other warehouses, available to the Allies whenever the required amount of gold was permitted to leave the United States. Business in the Monterey consular district has continued to increase, even beyond the figures quoted in the first article I wrote on Mexico : "Mexico— Enemy or Ally?" In July, 1917, the exportations amounted to $1,950,000; in August, $2,500,000; and during the first fifteen days of September, $1,500,000. This indicates a further revival in business in this part of Mexico. As to whether Mexico shall be an enemy or an ally of the United States, the question is still un- decided; but it seems at this time that the bonds between the two nations are being fused tighter at every rise of the sun. But Mexico is and may remain for some time as she was described to me by a foreigner in Tampico. ''Mexico," he declared, ''is the screen of a great national moving picture. The operator and his machine are in the skies. Four reels of the revo- lution have been unwound. Nobody knows the fifth, except the Great Author of Human Des- tinies ; and the last act is just about to begin." CHAPTER VI RISING OR SETTING SUN IN MEXICO THE sun rises unclouded in Mexico City one day, but by that afternoon the clouds domi- nate the battlefields of the skies. It rains for a few hours, the dusty streets are washed, auto- mobiles and coaches skid and race through the city, and the people go home or to the theatres. The next day they expect the morning sun to be as bright and warm as it was the day before. Be- cause, it may be, it is the rainy season now, they await the afternoon shower and are prepared for it when it comes. In somewhat the same philosophic way they look at politics. They expect to-morrow to be as peace- ful as to-day; but during the past seven years there have been so many unexpected revolutionary storms that when a change comes they act as they do when it rains in the morning, or when the sun shines all day. To-day, however, there are a few people who would like to know whether Mexico is facing the rising sun of a new, prosperous era, or whether the sun is about to give way to the clouds of 117 118 MEXICO'S DILEMMA another troublesome period. Quien sahef say the Mexicans. It is true, one never can tell. A poor-rich nation is Mexico. Eich, because foreign intellect, foreign capital, foreign engineers and foreign business men developed her resources and made her so. Poor, because the revolutions have pestered the foreigners and Mexico in some- what the same way that an army of Hessian flies destroys a wheat field. But to-day the revolution- ists have discovered that the battle cry, Down with the foreigners who exploited us ! — though it may win a revolution — does not help reconstruction. The old sign which was illuminated throughout the world under President Diaz — ^Welcome, for- eigners! — is being put up again by timid hands; and it will not be long before it is lighted so brightly that it can be read in the darkest corners of the sceptical business world. This poor little rich nation wants to be as rich in gold as in natural wealth, and the government is beginning to realise that only the hated foreigners have the gold. There is so much of the melodramatic in Mex- ican life to-day that one is apt to overlook what is going on behind the scenes. One hears about the autocratic rule of various states ; one learns how governors and generals hold up foreign business interests, and about the inability of the central government to enforce its orders ; one reads in the newspapers about the street fights and military duels ; and one imagines that the whole community RISING OR SETTING SUN IN MEXICO 119 has nothing more to do. This is where one's imag- ination is not a safe prophet. To-day the United States and the Allies are watching Mexico through a microscope. They delayed official recognition of Don Venustiano Car- ranza as president of the Republic. They were waiting to see whether the sun is rising or setting. They recognised the de facto government and in August, 1917, President Wilson recognised the official status of the Carranza Government. The new constitution of Mexico, adopted at Queretaro in January, 1917, contains two articles that foreign governments consider confusing and equivocal. There is a possibility that Ar- ticle Twenty-seven may be enforced to the ex- tent that every foreign property in Mexico shall be confiscated by the government. Many millions of dollars invested by foreigners are in the hands of the government. Since January first, 1917, to the time of this writing, for instance, the Mexican Government had taken, through so-called forced loans, thirty-seven million pesos in gold from the banks of Mexico City, Monterey, Vera Cruz and other cities. In some cases the government has given re- ceipts. In others the French, English, Canadian and American bankers and depositors have no records. The government has been compelled to take this step because of the financial crisis that faces the nation. There is no paper money in cir- culation. Gold and silver coins are the only me- 120 MEXICO'S DILEMMA dmm ; and the expenses of the government and the requirements of business are so enormous that money must be had, no matter what measures are necessary. There are some Mexicans who declare that the banks will be reimbursed ; but the time when this will be possible depends upon how soon the gov- ernment obtains foreign financial aid. Mexico has endeavoured to obtain, through agents, a loan from New York bankers or from the United States Government. Early in August, 1917, a report reached Mexico City that the United States would veto a loan if the bankers floated it. On August twentieth the White House an- nounced that, in the opinion of the United States Government, a loan would not be looked upon with disfavour. This was done to assure the Mex- ican Government that the United States was not trying to hinder Mexico in her financial aspira- tions ; but as the despatch appeared in the Mexican newspapers it gave the impression that the United States Government had sanctioned a loan, and that all Mexico had to do was to send a ship to New York for the money. The biggest financial obstacle is the army. Nearly seventy per cent of the annual budget goes to the army and navy. Since there is no navy, this is purely an army expense. The pay rolls contain nearly one hundred and fifteen thou- sand names; but, according to conservative esti- mates, there are not fifty thousand soldiers in all RISING OR SETTING SUN IN MEXICO 121 the governmeiit's forces. The army of dead men is so great that this form of graft is considered as contraband of the revolution. Generals are not the only ones who are becom- ing millionaires, measured in pesos. In Pachuca, the largest silver and gold mining city in the world to-day, one government official recently deposited, through an American firm, seventy-five thousand dollars in a New York City bank during seven months. Besides, he purchased considerable property in the capital. The government and the foreigners were sure that this man is dishonest; but his method of grafting could not be discovered. In Monterey a nephew of one of the highest officials in the government offered local merchants a proposition of importing articles from the United States free of high import duties, provided they would pay him from fifty to seventy per cent of these duties for his work, which consisted in getting the goods across the international border. Fifteen years ago there thrived in Mexico City what was known as the Thieves' Market. Prop- erty stolen by maids, pickpockets, house servants and others was placed on sale every Sunday morning ; and Mexicans and foreigners went there in search of missing articles and bargains. It was easier to obtain them in this shop than to start criminal investigations. Though the Thieves' Market is still doing busi- ness, it has competition now in the antique shops and curio stores. The revolution has turned many 122 MEXICO'S DILEMMA a churcli and palace inside out. Saunter through these places to-day and you will find church orna- ments, silverware, jewels, Chinese silks, Japanese idols, church bells and bishops' gowns for sale. You can purchase pieces of the silk wall paper with which Emperor Maximilian covered the walls of the National Palace when he ruled the Mexican people. Some day Mexico will be a rich field for collectors. This is part of the melodrama ; but the govern- ment has already interfered in this business. There is an embargo on the shipment of any church property out of the country. In London, Paris, Washington and Rome there are, on file with the various governments, claims of their citizens against the Republic of Mexico. Until the Mexican Government determines upon a definite policy in dealing with foreign interests, and in settling these claims, recognition of the de jure government will be withheld. President Car- ranza has been informed that some day there will be a reckoning ; and this is one of the chief prob- lems he is trying to solve. Interwoven with this question, like a black thread in a piece of white cloth, is the question of neutrality. To-day Mexico is not even a pas- sive belligerent ; and the hope of the United States Government, judged by its policy, is that Mexico will adjust her internal affairs so that it will not be necessary for America to divert her war energies from the European battlefields. One day, -|'llMM4t**!»i2|5';;|*! THESE ARE TERRA COTTA HEADS FOUND BY PROF. NIVEN. THEY SHOW THE TWO TYPES OF "mEXICAn" SEVERAL HUNDRED AND PERHAPS SEVERAL THOUSAND YEARS AGO AN AZTEC FAMILY TREE THIS IS A PIECE OF TERRA COTTA GIVING THE LIFE HISTORY OF AN AZTEC INDIAN FAMILY. FOUND BY PROF. NIVEN. PHOTO BY MR. NIVEN I RISING OR SETTING SUN IN MEXICO 123 while talking to Don Luis Cabrera in the Treasury Department, he remarked that, because the senti- ment in the Chamber of Deputies was so strongly in favour of neutrality, the government would not change its policy; but, despite the statement of Mr. Cabrera and the ojfficial attitude of Washing- ton, neutrality remains in a variable state. It is not the attitude of the United States or Mexico to-day that is important. It is the posi- tion the two nations will assume when Mexico has to decide ultimately what she is going to do. The sentiment among the Mexican people, so far as one can judge, is one with the motto ''I don 't care ! ' ' The opinion of the Intellectuals, the influential leaders back of the government, and of some high officials, is different. These men are pro- Ally because they are pro-Democracy in Mex- ico and Europe, One Sunday afternoon an American banker gave a party at his home in the suburbs. One of the chief members of President Carranza's cabinet was present. His reputation as a master of anec- dote had grown into fame since his visit to the United States, where he had learned to speak English. **It was house-cleaning time in Hades," began the secretary, looking round the room, into the eyes of every woman and man present, to see what impression his first remark had made. It delighted him that his audience was international. There were present foreign diplomats, anti-Mex- 124 MEXICO'S DILEMMA ican Americans, anti- American Mexicans, and my- self. "No. It is not shocking, as you say in the United States," he added with a smile. Th© guests smiled politely, too, so as not to discourage him. "Satan," he continued, "ordered his ser- vants to dust and clean all the comers and rooms of his palace, which stood at the entrance to his estate." He spoke slowly, so as not to make a mistake in his youthful English. "It was evening when Satan made his inspec- tion. He saw that everything was perfectly clean inside; and then he looked at the" — ^he paused for the word — "exterior. Above the gate Satan read the old worn inscription: 'AH hope aban- don, ye who enter here.' And Satan said: 'I must have a new sign. That one is not modern. It is not up to date' — as you say in New York. * ' Satan thought a while. ' ' The secretary paused and puffed his cigar. ' ' He consulted some of his chief advisers. ' ' "You mean his Cabinet," suggested an Amer- ican. "Ah, yes," replied the secretary; "Satan con- sulted his Cabinet. And the next day the new inscription above the gate read: Made in Grer- many ! " Though the secretary told this story with as much enthusiasm as if he had been the author of it, I imagine it was one he had heard in the States. It served the purpose at this gathering, however, RISING OR SETTING SUN IN MEXICOi 125 of crystallising an opinion held by many influen- tial Mexicans. It would not be fair to give this minister's name, or to conclude that, because he is anti- German, the government is about to change its policy toward the belligerents. Mexico is awaiting a provocation. Perhaps it would be better to say that it would not be wise for Germany to provoke her. The famous Zim- mermann letter, revealing the German opinion regarding annexation, has been forgotten; but Germany is again playing with neutrality by her growing intrigues in Mexico. The I. W. W. have become as active in Mexico against foreign inter- ests as in the United States ; and the money they use is called marks. President Carranza's authority is, in some states, only nominal to-day. A few governors, especially if they are military leaders, interpret and obey his orders as they see fit. For this reason the Chief Executive is commonly called the Easy Boss ; but what for some time Mr. Carranza has been becoming is a Calm Dictator. He has been accomplishing some reforms so quietly that even the men deposed have been unaware of hisj^ object. When Seiior Carranza first took office he had to appoint his popular generals to Cabinet positions. To date he has eliminated most of them, and with great skill. One man, who was thought to be dis- honest and who was anti-foreign in every policy, demanded a certain Cabinet berth — the Depart- 126 MEXICO'S DILEMMA ment of Fomento, or Public Works. Mr. Carranza could not remove him, so he wrote a decree chang- ing the duties of this department, taking all the important foreign work out of his hands. The foreigners were delighted ; and so was the Cabinet officer, because he had other things to do. He didn't care to deal with foreigners, anyway. i A year ago from the time I was in Mexico ex- President Diaz was regarded as having been the worst dictator and boss Mexico ever had — ^by the Mexicans. To-day he is being considered in a different light, though his evil acts have not been forgotten. Fifteen years ago, when a list of ten ; names was placed before Diaz so that he might f select a senator from Coahuila, he picked the jj ninth, that of Senor Carranza. To-day this sen- ' ator is Diaz's successor, and he had developed r many of the qualities of leadership the old Indian | had. Mr. Carranza 's friends say that he is devel- \ oping a Democratic dictatorship in Mexico; but the foreigners add: *'By his acts we shall judge him." Still, the question is asked: ''Was Diaz a prophet, too?" Because of the universal lack of education among Indians and Mexicans, a representative | government such as exists in Mexico to-day is, in ' fact, only a representation of the strongest parties and elements supporting Carranza; but Mexico remains more of a nation over Mr. Carranza than under him. He dominates the Central Govern- RISING OR SETTING SUN IN MEXICO 127 ment and he holds the nominal support of his old military chiefs ; though, very often, they take mat- ters into their own hands, such as taxation of foreign mines and ranches. Though the President has compelled some of these men to resign, the task is so enormous that it camiot be completed for some time. Manana is a famous expression in Mexico when one asks how soon something can be done; and, though manana means to-morrow when translated into English, it signifies a much longer period when apphed to work. The iron policy in Mexico, if one may call any act there by that term, belongs to the military chiefs. There is no lack of firmness when they act. Don Luis Cabrera, former Secretary of the Treasury and now government leader in the Cham- ber of Deputies, is considered the intellectual leader of the country; but one of his hobbies is the hunting of ducks. Still, this story is not to be about a duck hunt. More interesting than such excursions are his activities in Parliament. A few days before the session adjourned, in August, 1917, some members objected in uncen- sored terms to the presence of Americans in Mex- ico City as members of a financial commission upon the invitation of the government. Their activities were due more to Cabrera's initiative than to any other official's. Two American authorities — Professor Chand- ler, of Columbia University, and Professor Kem- 128 MEXICO'S DILEMMA merer, of Princeton — ^had just reached the capital. A member of the Deputies declared he thought their presence ought to be investigated, and that the government ought to be questioned about such an important matter. He denounced Americans in general and the government more particularly. Cabrera, who is always on hand to support the government, saw the members supporting the speaker and in a clever speech stated that he thought the government ought to be interrogated. The investigation was set for the next day. The next day he appeared in a different role. Cabrera defended the government! A member asked whether there were no Mexicans capable of doing the work the Americans were asked to do; whether Mexicans could not audit the govern- ment's accounts. Certainly, replied Cabrera in substance; but unfortunately most of these Mex- icans are out of the country. Senor Limantour, who is in Paris, could do it — ^Limantour was Sec- retary of the Treasury under Diaz. The opposition would not be quieted and Cabrera began one of his famous orations. *' Be- cause Thomas A. Edison, an American citizen, invented electric lights is no reason why Mexico should burn candles," declared Cabrera in part. These experts, he added, had been consulted by the United States and foreign governments; and Mexico, desiring to obtain the services of financial authorities, had invited them as any other govern- ment might. RISING OR SETTING SUN IN MEXICO 129 Cabrera's address and his knowledge of parlia- mentary rules won the day for the government, and the speaker escaped without a challenge to a duel. He has been challenged more than once ; but his opponents know that he is a crack shot at ducks. The visit of this American commission and the growing tendency among officials to be more friendly to the United States are the hopeful signs in Mexico to-day. The financial experts were charged with the duty of investigating the receipts and expenditures of the government departments, with the object of making recommendations to establish efficiency and honesty. A giant's task it was. By many this was interpreted as the initial step by the government in a new policy toward America and outside interests. Be that as it may, the Car- ranza Government was much more friendly to the United States than it had ever been. The Chief Executive time and again had ignored the protests of the German Minister because American war- ships were in Mexican waters at Tampico. This form of friendly neutrality was not agreeable to Herr von Eckhardt. What friendship there is to- day is due to Ambassador Fletcher. He was hissed on May first, 1917, when Carranza took the oath of office, and Von Eckhardt was applauded. If there were a celebration to-day the honours would be reversed. That much the ambassador did in four months. He may yet have the Mex- 130 MEXICO'S DILEMMA icans cheering Uncle Sam's troops in France. One never can tell what diplomacy may do next. One of the needs of Mexico is an efficient rail- road system. A curious attempt at a refutation of this asservation of mine I have printed in the appendix of this volume. Here I reaffirm that for seven years practically no repairs have been made on any of the lines — either those owned by the government or those owned abroad and operated by the authorities. In Monterey there are the wrecks of four hundred freight cars, burned by General Villa as a sacrifice to his legions when they made their last march through the city. A government official has inspected other lines and found four thousand cars that can be repaired ; but money, labourers and materials are needed. The first and third can come only from the United States. And it has been explained to the govern- ment by private parties that, even if Mexico had the money to purchase engines and car-construc- tion material, it would be three years before they could be delivered, unless — there is always a way to evade contracts — Mexico were an ally of the United States. And in that case every effort would be made to aid her. Allies always have the first call. Multiply the task that faced Diaz when he was struggling with the conflicting elements of Mexico in 1877 by the increase in population in Mexico, and by the increase in foreign capital invested, and you will have an understanding of what faces RISING OR SETTING SUN IN MEXICO 131 Senor Carranza. Forty years ago the United States would not recognise the official or de jure government of Diaz, because he was struggling with the same tasks and inactions of the present day, but on a smaller scale. Whether Senor Carranza will adopt the same attitude toward foreigners that Don Porfirio did, and whether he will try to reconstruct Mexico with the assistance of outside brains, are questions which events alone can answer. Senor Carranza has the same opportunities. So far as the United States is concerned, one might judge from the former policy of President Wilson that he was willing to help the Republic get on its financial and reconstruction feet, even if the alignment of Mexico on the side of the Allies were a temporary burden. The United States is endeavouring to help the nation by advice and counsel. One suggestion which has been made to Presi- dent Carranza is that he shall abolish the decree fixing an artificial value in exchange for American money. Formerly one dollar was equal to two pesos in Mexican currency. To-day, by a govern- ment order, a dollar is accepted by the government as equal to but 1.85 pesos in gold, or 1.75 pesos in United States bank notes. If the Mexican Gov- ernment would agree to the old standard — so it is stated — American gold and silver would be used in exchange and increase the amount of available currency. But the government has not acted. It is claimed that an official is benefiting by the 132 MEXICO'S DILEMMA present arrangement; and he is apparently strong enough to prevent a change. But perhaps not! The government may not be convinced. The mint in Mexico City is coining fifty thou- sand dollars' worth of silver fifty-centavo pieces every day, and much more gold. But no machine or collection of machines can make money as fast as a wasteful Eepublic can spend it. I doubt whether one machine can make money fast enough to pay the salary of a general who, by chance, may be a governor, an inspector, and something else too. One man in Mexico is not necessarily made for one job. Since the spring of 1917 there has been a change in the attitude of certain foreign investors toward the Carranza Government. There has been ap- parent an inclination to work with the officials. Canadian and American merchants have been again looking after Mexican business. So, too, the British. Some of these people have already discussed claims with the government, and there has been a belief that they will be able to agree with the officials. This is shocking those who be- lieved there was no chance of the Carranza Gov- ernment's continuing so long. While in Mexico, talking with a large number of foreigners, I found that those who were show- ing a willingness to co-operate with the authorities were not only being encouraged by the results but they believed it would be profitable. ''Concessions" is the most hated of all words by PROFESSOR WILLIAM NIVEN, WHO HAS CHARGE OF THE EXCAVATIONS NEAR MEXICO CITY RISING OR SETTING SUN IN MEXICO 133 the revolutionists, because it was said that foreign- ers robbed Mexico with concessions ; but that word is actually being used to-day to describe what the present government is doing. I met an American who had recently obtained a water-power site near Mexico City. Engineers calculated that the falls would develop twenty-four thousand horse-power. This was concession; and it had been granted by the government that was opposed to such things when it began. Hated, cursed, vilified and condemned, Venus- tiano Carranza remains the strongest political figure in Mexico, and the only man who can guide the fateful and fretful destinies of the Eepublic to-day. All agree about this, Mexicans and for- eigners. Carranza or intervention ! There is no organised revolution to-day. Most Mexicans will tell you that Villa has no political influence, that his men are deserting from day to day. But Villa is a Mexican Humpty-Dumpty who falls to pieces one day and is put together a few months later. When I was in Tampico I was told that Villa had been in communication with Pelaez and that General Enriquez had been designated by Pelaez to serve with Villa on his staff in case of another revolution. It is significant, also, that the troops of Manuel Pelaez call themselves ''Villistas." At one time there was a plan under way for Pelaez and Villa representatives to meet in New York for a conference, but according to a public 13* MEXICO'S DILEMMA announcemeiit by Villa in November, 1917, lie travelled through Mexico in disguise and con- ferred with the other rebel chiefs. Whatever may be Villa's political objects and aims one thing is apparent; that is that he could not make a stand against the present government of Mexico without assistance from interests in the United States opposed to Senor Carranza, or from German influences in Mexico. Villa is supported by one or the other of these, perhaps by both. One day in 1917 three hundred Villistas strolled into Torreon, and then out to an American ranch, where they informed the manager that Villa had discharged them. Perhaps there was no more loot ! Perhaps Carranza is an easy boss. It may be that this is the only kind of dictator the Mexi- can people will follow now. But despite all this, the puzzle of the Mexican Sphinx remains: What Will Mexico Do? How will the government interpret the constitution? Will the authorities return confiscated property? Will the government adjust foreign claims ? Will the banks be reimbursed? Sphinxes are not found in many parts of the world, but there are two in Mexico. Standing at the corner of Calle San Francisco and Avenida Juarez, looking toward Ghapultepec Park one can see, on the right, the National Theatre, the so- called White Elephant, with its incomplete marble walls glistening in the sunlight like a giant 's helio- graph. In the distance towers the rusty steel RISING OR SETTING SUN IN MEXICO 135 skeleton of the proposed Honse of Parliament. The Mexicans call it the Black Elephant. These are the Mexican Sphinxes — the symbols of Mexico to-day. Whether these structures are completed and transformed into modern architec- tural monuments depends upon the answers to the questions facing the government. Whether they rattle to pieces or wear away unused depends upon the replies Senor Carranza makes to the questions the world is asking. These two buildings, or parts thereof — ^just as Mexico itself — contain possibili- ties for success or failure. But the question their bleak walls and iron bones ask is answered with the echo: ''What will Mexico dor ' Aristotle once remarked that, to be complete, things must have a beginning, a middle and an end. How simple ; and yet how informing ! This chapter, so far, has only a beginning and a middle ; therefore, it is not complete. I began by asking whether the sun was rising or setting in Mexico. I shall answer : The sun is rising; but I cannot tell whether there will be rain to-morrow. CHAPTER VII THE FUTURE MUST the United States intervene in Mex- ico before that country can take its place among the great nations of the world?" Mexicans and foreigners ask this question be- cause to most men it seems a pity that a nation with such great possibilities should be under a shadow of internal strife from decade to decade. The answer, to my mind, is: "Yes, but there is more than one way to intervene in Mexico. ' ' I do not believe that the United States would be justified to-day in intervening in Mexico with armed forces to protect American property or American life because I have confidence in the possibilities of a Mexican Government if the lead- ers and the people are given an opportunity to work out their own political destiny. But if Ger- man intrigue, directed from Berlin, continues to stir up hatred for the United States and continues as a source of irritation and trouble, and if the United States or her Allies during the war are attacked from Mexico, the situation might change over night. It is obvious, I think, to most people who have 136 THE FUTURE 137 travelled in Mexico recently that the people and the government of that country cannot grow in intelligence and economic strength without the co-operation of foreigners. Mexico needs foreign help the same as every young nation, and every nation which has gone through a period of unrest, needs foreign assistance. The Mexican problem is to make the Mexican authorities understand that foreigners want to help Mexico. The first need of the Mexican people to-day is education. Of the population which is estimated at fifteen million only about two million, accord- ing to recent estimates, can read and write. Igno- rance is at the bottom of banditry. Ignorance is what enables unscrupulous men to rob the people of land and wages. Ignorance is what keeps the peons dressed in rags. Mexico needs a public school system from one end of the country to the other, and in establish- ing such a system it should be understood by Mex- ico that substantial progress can be expected only by calling foreign educators to Mexico to superin- tend the work. Mexico needs great educational directors, such as the state superintendents of public instruction in some of our states. Mexico needs men like the Presidents of our great univer- sities to help her build up an educational system. Mexico needs an educational system that will begin not only with the children but with the men and women of to-day. They, too, must be taught to read and write and think. Mexico needs tech- 138 MEXICO'S DILEMMA nical public school education for men. Think of the hundreds of thousands of children in Mexico who know nothing about schools ! To develop her great resources Mexico needs foreign brains and foreign capital. The United States needed it in the early days of her existence. Every country needs foreign help to "get on its feet," and Mexico is very far indeed from being an exception, especially after the many years of revolutions. Mexico needs foreigners to advise her regarding finance, political economy and labour. Under President Carranza Mexico began by asking two university professors to come to Mexico City and study the financial problems of the Eepublic. This, indeed, is a step in advance. Mexico's future depends upon her willingness to have foreigners assist her. This is what I would call political and social intervention. If Mexico is to be helped this sort of intervention must take place. I look upon Mexico as having more possibilities than any of twelve countries I have visited during the jpast two years — possibilities for success or failure. And while the nations of the world, par- ticularly the United States and her Allies, might be glad to advise Mexico, the choice rests entirely with that country. Mexico can be a friend or a foe of the United States and she has more to gain through friendship than through enmity. Within fifty years from to-day Mexico can take THE FUTURE 139 her place among the greatest nations of the world if Mexico is willing to seek the co-operation of the great Republics and Democracies of the world. Mexico, as a Republic, owes a duty to her sister nations as well as to herself. Opportunity knocks at the doors of the Republic. The battle for Civili- sation, for Humanity, for International Right and for Democracy is being fought throughout the world. Mexico is being tempted by the agents of Berlin. Not only President Carranza but the other leaders of Mexico must choose between a German conquest and American and Allied co-operation. APPENDIX APPENDIX A BILLS PBESENTED TO THE CHAMBER OF DEPUTIES TO RELIEVE THE FINANCIAL CRISIS Translation — Bill presented to Congress of Mexico providing for an interior or foreign loan to cover the current deficit of tlie Government. From El Democrata, Mexico City, July 8, 1917. Mexico Needs to Obtain a Loan of 150,000,000 Pesos to Cover the Deficits in the National Budgets. THE EXECUTIVE, WITH THE SAME TENDENCIES WHICH ACTUATED THE REVOLUTION, WILL AVOID ANY FOREIGN LOAN AND ATTEMPT TO MAKE THE FINANCIAL DEAL IN THE COUNTRY. IF IMPOSSIBLE HE BELIEVES IN ADVANCE THAT HIS CONDUCT WILL BE JUSTIFIED SINCE HE IS TRYING TO DEFINITELY REORGANISE FINANCES. In the Department of Finance and Public Credit we were given yesterday by the Sub-Secretary in 143 144 APPENDIX A Charge of this Department, Don Eafael Nieto, a copy of the following important bill in which the Executive is authorised to negotiate a loan up to 150,000,000 pesos to be exclusively destined to cover the deficit appearing in the national budgets until they are adjusted. The text of the important bill to which we refer, and which will soon go be- fore Congress, states as follows : ''The Congress of the Union has been already informed by the Executive that the budgets of the federation at present show a monthly deficit of about 5,000,000 pesos. "To make up this figure we took into account only the normal expenses of administration, omit- ting the great number of small obligations of the Government which were not considered urgent, but which in any case organise a great floating debt which is increasing day by day. "If, furthermore, we take into consideration the high cost of living, higher every day, and the ne- cessity which we will later meet as a consequence of it of raising the wages of public employes; if we take into account the possibility that the work of pacification already is necessitating con- stant expenses, the supposition that the real deficit will exceed the amount above is not exaggerated. ' ' In order to arrest the gravity of the foregoing considerations it is sufficient to state others in respect to the future which makes a favourable APPENDIX A 145 solution of the financial problems appear less re- mote. ' ' On the one hand for some time the Government has not believed the time has come to pay divers claims which may be presented on account of dam- ages caused by the revolution, although it is now studying the particular way to recognise and liquidate them, and in due time will have to sub- mit a bill covering this matter to Congress. ''In the same order of ideas the Executive does not believe that the payment of the public exterior debt should be renewed until the deficit referred to herein has been met. These two important re- sponsibilities then may by the very force of cir- cumstances be put off until later, and should there- fore be excluded from consideration for the present. "On the other hand the present incomes, in spite of the fact that conditions of the country have not yet resumed normality, are in compari- son greater than those which were being received in the period before the revolution and in view of this fact, which has some significance as showing the vitality of our people, it is logical to hope that when peace is re-established in the whole of the Repubhc and railway service and communica- tion in general are completely normalised, the discrepancy between income and expenses will gradually diminish until the day in which the dis- crepancy, which is now one of the most serious difficulties of the Government, shall disappear. 146 APPENDIX A ''As the indispensable bases for these objects can be realised in the effective liquidation of the present deficit, since its existence would indefi- nitely retire the equilibrium desired, the Execu- tive believes the time has come when it is neces- sary to obtain a loan exclusively destined to fill such objects, and hopes that the National Con- gress, sharing with him the conviction that such a means is the only effective way to meet this im- portant emergency, will at once grant him the authorisation necessary to begin due explorations in financial centres in the Kepublic and in other countries, impossible to know in advance even the possibility of obtaining a loan of such a nature. "On account of these same difficulties the Executive could not propose to the Congress pre- cise bases in respect to the exact amount of the operation and the conditions of issue, maturity, interest rate, etc., for the fiixing of these details principally depends on the conditions of the world's financial markets which, as one of the many effects of the war, have lost all stability and it may be said change from day to day. ''Therefore, the Executive deems prudent to ask at once the Congress of the Union to grant him necessary powers to take all preliminary steps which will permit him to fix in the proper time these terms and possible conditions of the loan, the nature of the guarantees that will try to be established so far as possible on the basis that it shall not impose a charge upon public taxes, APPENDIX A 147 the class of contracts which should be entered into with the holders of former obligations and all other aspects of the operations, reserving the right to submit them definitely to the Congress so that the Houses may determine the propriety of carrying the project into execution. "The Executive, following the same tendencies which prompted the Eevolution to avoid any ex- terior debt, will make all sorts of efforts to carry out the financial transaction within the territory of the Eepublic and will not apply to foreign countries until he is convinced of the impossibility of obtaining an interior loan. "If this impossibility shall oblige him to dis- obey the tendencies indicated, he believes in ad- vance that his conduct will be justified in consid- eration that the object he seeks is to definitely reorganise by peaceful means the finances and national public payments. "In view of the foregoing, the Executive hopes that the national representation will see fit to give its approval to the bill hereto annexed. Mexico City, July 7, 1917. V. Carranza (Rubrica)." BILL PKOPOSED "The Congress of the United States of Mexico in use of the power conceded by Section VIII, of Article 73, of the federal constitution, has seen fit to decree the following: "Art. 1st. — The Executive is authorised to nego- 148 APPENDIX A tiate a loan up to 150,000,000 pesos to be exclu- sively destined to cover the deficits met in the national budgets until they are adjusted. "Art. 2nd. — The Executive is empowered to contract the loan referred to in the foregoing article either in the Eepublic or in foreign coun- tries in the form of an operation over a long period, or by obligations of the Treasury re- deemable or convertible in a brief term according to the greater or lesser difficulty encountered in obtaining the funds. ''He is also empowered to stipulate the condi- tions of interest, the type of interest, the form of amortization, the guarantee, and all other ar- rangements relating to the operation, including the contracts to be entered into with the holders of legitimate former obligations. "Art. 3rd. — All contracts entered into should be submitted to the Congress of the Union so that Congress may approve them as a condition prece- dent to giving them value." APPENDIX A 149 II Translation — Bill authorising the executive of Mexico to negotiate a loan for the rehabilitation of the National Eailways. — From El Universal, Mexico City, July 10, 1917. Loan of Fifty Million Pesos for the National Lines. will be destined to the repair of track, replace- ment of equipment and the reorganisa- tion of service. The Executive has sent to the Chamber of Depu- ties a bill in which the National Eepresentation is informed that it is indispensable for the Govern- ment to contract a loan of 50,000,000 pesos to cope with the imperious necessities of the railway prob- lem in the Kepublic. The text of the bill is as follows : STATEMENT OP THE QUESTION By reason of the needs of the campaign, the Constitutionalist Government found itself obliged to take possession, first of certain lines of rail- way crossing the country, and later of entire sys- tems, very particularly of the system of the Na- tional Railways of Mexico. To administer this 150 APPENDIX A great organisation, the Constitutionalist Govern- ment created an autonomous Department, called Direction of Constitutionalist Railways. The execution of such acts was not arbitrary, but based on express provisions of the Railway Law. This state of affairs and the destruction caused by the war created a situation, special to the Mexican Railway and special to the National Rail- way of Mexico Company, in which the Nation has a preponderance of shares. This company re- mains in existence to conserve its legal personal- ity, and to administer certain properties outside of the traffic service ; but the service of traffic was suspended and the system of exploitation was altered. This being so, on constitutional reorgani- sation of the country, the National Government must solve the grave problem of the rehabilitation of the railway companies, that they may carry on the service of traffic in the constant and sys- tematic manner satisfactory to the needs of the Nation, which cannot live without a proper service of railway transport. The condition of the National Railways of Mex- ico Company particularly interests the Govern- ment, as much because this system is the most extensive and necessary for the national life, as because the country has extended its guaranty for the payment of its debt and is the owner of the majority of its shares, by reason of which it controls the system. APPENDIX A 151 THE BAILWAY PROBLEM There are three problems related to the Na- tional Eailways. First, the reconstruction of the lines, including the repair of fixed material; the construction of the works of art destroyed and the replacement of equipment. The payment of the indemnity which according to the Railway Law the Government must make to the Company must also be considered; in other terms, the first prob- lem consists in the settlement between the Com- pany and the Government. Second, the financial reorganisation of the company, including the in- dispensable arrangements with the Trust Com- panies representing the bond holders, the consoli- dation of the floating debt and the arrangements relating to certain bonds to secure interests that have matured. Third, the administrative and technical reorganisation of the Company's serv- ices, so that the system may be again operated by the owner company on the new bases exacted by the social transformation the Nation has suffered. Of all these problems the most pressing is the replacement of the lines, which public necessity is imperiously demanding. At the same time the solution of this problem is indispensable so the rest may be studied and decided successfully. The Executive of the Nation needs, then, to be ready to cope with all the obligations related with this preliminary problem, and for this needs the authorisation of the Legislative Power in order to 152 APPENDIX A obtain the indispensable amount of money. The ''modus operandi" of the investment of the neces- sary sums, the preferred-claim nature that will be given to the required moneys advanced, and the further details and conditions of the expenditure of the money, are secondary questions which can- not be decided until the Government can dispose of the sums to which I have referred. For the foregoing- reasons, the Executive of the Union asks for the passage of the following DE- CEEE by the General Congress : DECEEE SOLE AETICLE :— The Executive of the Union is authorised to charge the credit of the State up to the sum of 50,000,000 pesos, destined to the re- pair of track, replacement of equipment and the reorganisation of the services of the National Rail- ways of Mexico Company, it being understood that the Executive shall submit to the General Con- gress in advance the bases of the contracts he may make and the investment of the loan he shall obtain. Mexico, July 9, 1917. V. CARRANZA (Seal) APPENDIX B THE MEXICAN CONSTITUTION OF 1917 TRANSLATED BY H. N. BRANCH, LL.B. With a Foreword BT L, S. ROWE, Ph.D., LL.D. Copyright. 1917, by American Academt of Political and Social Science All rights reserved Here reproduced by cojj^esy of The American Academy op Poutiq^l and Social Science FHILAOELPHSi^ FOREWORD The widespread interest in Mexican affairs has led the Editorial Council of the Academy to ar- range for the early publication of the Mexican Constitution adopted at the recent Constitutional Convention held in Queretaro. In a sense this publication supplements the special volume issued by the Academy in January last on ' ' The Purposes and Ideals of the Mexican Revolution," Since the first movement for independence from the mother country in 1810, Mexico has passed through an extraordinary constitutional develop- ment. The idea of a Republican form of govern- ment made its way but slowly amongst the found- ers of Mexican independence. Between 1810 and 1824 the opinion of the country wavered between a constitutional monarchy and a republic. It is true that the earliest Mexican Constitution — ^that adopted in Apatzingan by the first Constitutional Convention — provided for a Republican form of government with an Executive composed of three persons elected by the National Congress. Amongst the members of this triumvirate, a sys- tem of rotation in office was established under which each exercised the powers of Chief Execu- tive during a consecutive period of four months. 155 156 FOREWORD This Constitution was regarded as provisional. As soon as the struggle for independence was over, the leaders planned to call another conven- tion for the purposes of effecting the final organ- isation of the country. During the period between 1815 and 1857, the country was torn by internal strife and almost every conceivable form of Con- stitutional systems was tried, ranging from a re- publican triumvirate to the imperial system of Iturbide. The development of Federalism in Mexico stands in marked contrast with the political evolu- tion of the United States. In Mexico, Federalism meant the sub-division of what had been, under Spanish rule, a centralised, unified system; in the United States, the establishment of a federal sys- tem signified a closer union between separated political units. In spite of the adoption of a fed- eral system by Mexico in 1857, the highly central- ised traditions of Spanish rule perpetuated them- selves and finally resulted, under the Diaz admin- istration, in the complete subordination of the individual states to the national government. The leaders of the revolutionary movement against the Diaz regime were convinced that the Constitution of 1857 had been used by self-seeking politicians for personal ends and that its pro- visions had contributed toward the domination of the country by a self-constituted oligarchy. It is not surprising, therefore, to find radical changes in the Constitution of 1917. The revolutionary FOREWORD 157 leaders, headed by Venustiano Carranza, liold that the avowed purposes of the revolutionary move- ment, namely to secure for the masses of the Mex- ican people better economic and social conditions, must be incorporated into the organic law and it is their hope that thereby the country will be pro- tected against a possible reactionary movement. To what extent these hopes will be realised, the future alone can determine. The Academy is under obligation to Mr. H. N. Branch for his admirable translation of the Con- stitution of 1917. L. S. RowB. University of Pennsylvania May, 1917. Title I CHAPTER I Of Personal Guarantees Article 1. Every person in the United States of Mexico shall enjoy all ^arantees granted by this Constitution; these shall neither be abridged nor suspended except in such cases and under such conditions as are herein provided. (See Art. 29.) Art. 2. Slavery is forbidden in the United States of Mexico. Slaves who enter the national territory shall, by this act alone, recover their freedom, and enjoy the protection of the law. Art. 3. Instruction is free ; that given in public institutions of learning shall be secular. Primary instruction, whether higher or lower, given in pri- vate institutions shall likewise be secular. No religious corporation nor minister of any re- ligious creed shall establish or direct schools of primary instruction. Private primary schools may be established only subject to official supervision. Primary instruction in public institutions shall be gratuitous. 159 160 APPENDIX B Art. 4. No person shall be prevented from en- gaging in any profession, industrial or commercial pursuit or occupation of his liking, provided it be lawful. The exercise of this liberty shall only be forbidden by judicial order when the rights of third persons are infringed, or by executive order, issued under the conditions prescribed by law, when the rights of society are violated. No one shall be deprived of the fruit of his labor except by judicial decree. Each State shall determine by law what profes- sions shall require licenses, the requisites to be complied with in obtaining the same, and the authorities empowered to issue them. Art. 5. No one shall be compelled to render personal services without due compensation and without his full consent, excepting labor imposed as a penalty by judicial decree, which shall con- form to the provisions of clauses I and II of Article 123. Only the following public services shall be ob- ligatory, subject to the conditions set forth in the respective laws: military service, jury service, service in municipal and other public elective office, whether this election be direct or indirect, and service in connection with elections, which shall be obligatory and without compensation. The State shall not permit any contract, cov- enant or agreement to be carried out having for its object the abridgment, loss or irrevocable sacri- APPENDIX B 161 fice of the liberty of man, whether by reason of labor, education or religious vows. The law, therefore, does not permit the establishment of monastic orders, of whatever denomination, or for whatever purpose contemplated. Nor shall any person legally agree to his own proscription or exile, or to the temporary or per- manent renunciation of the exercise of any pro- fession or industrial or commercial pursuit. A contract for labor shall only be binding to render the services agreed upon for the time fixed by law and shall not exceed one year to the preju- dice of the party rendering the service ; nor shall it in any case whatsoever embrace the waiver, loss or abridgment of any political or civil right. In the event of a breach of such contract on the part of the party pledging himself to render the service, the said party shall only be liable civilly for damages arising from such breach, and in no event shall coercion against his person be em- ployed. Art. 6. The expression of ideas shall not be the subject of any judicial or executive investigation, unless it offend good morals, impair the rights of third parties, incite to crime or cause a breach of the peace. Art. 7. Freedom of writing and publishing writ- ings on any subject is inviolable. No law or au- thority shall have the right to establish censorship, 162 APPENDIX B require bond from authors or printers, nor restrict the liberty of the press, which shall be limited only by the respect due to private life, morals and pub- lic peace. Under no circumstances shall a printing press be sequestrated as the corpus delicti. The organic laws shall prescribe whatever pro- visions may be necessary to prevent the imprison- ment, under pretext of a denunciation of offenses of the press, of the vendors, newsboys, workmen and other employees of the establishment publish- ing the writing denounced, unless their responsi- bility be previously established. Art. 8. Public officials and employees shall re- spect the exercise of the right of petition, pro- vided it be in writing and in a peaceful and re- spectful manner; but this right may be exercised in political matters solely by citizens. To every petition there shall be given an answer in writing by the official to whom it may be ad- dressed, and the said official shall be bound to in- form the petitioner of the decision taken within a brief period. Art. 9. The right peaceably to assemble or to come together for any lawful purpose shall not be abridged ; but only citizens shall be permitted to exercise this right for the purpose of taking part in the political affairs of the country. No armed assembly shall have the right to deliberate. No meeting or assembly shall be deemed unlaw- \ en Jik 03 t>3 o t^ ■ n ^ s 3 P 2. !=* w m' 2 2 to O O 2.? ffi?? O PI .--OS tr^ £■ R ^= s ft> a '^ o ':? a> Hj o ^3 '^ p 3 ■< ^ ^ - ^ ^2 3 ^ - bd M R g Hj CO o 2 M I-' o ^ ^ ?? S '-' fe- s ^ -^^ H,g 3 S *^ 1-' i_i S- 2 " w F ^ oc o o T) to h|j I-' 2 f^ o APPENDIX B 163 ful, nor may it be dissolved, which shall have for its purpose the petitioning of any authority or the presentation of any protest against any act, pro- vided no insults be proffered against the said au- thority, nor violence resorted to, nor threats used to intimidate or to compel the said authority to render a favorable decision. Art. 10. The inhabitants of the United States of Mexico are entitled to have arms of any kind in their possession for their protection and legiti- mate defense, excepting such as are expressly pro- hibited by law and such as the nation may reserve for the exclusive use of the army, navy and na- tional guard; but they shall not bear such arms within inhabited places, except subject to the police regulations thereof. Art. 11. Every one has the right to enter and leave the Eepublic, to travel through its territory and change his residence without necessity of a letter of security, passport, safe conduct or any other similar requirement. The exercise of this right shall be subordinated to the powers of the judiciary, in the event of civil or criminal respon- sibility, and to those of the executive, in so far as relates to the limitations imposed by law in re- gard to emigration, immigration, and the public health of the country, or in regard to undesirable foreigners resident in the country. 164 APPENDIX B Art. 12. No titles of nobility, prerogatives or hereditary honors shall be granted in the United States of Mexico, nor shall any effect be given to those granted by other countries. Art. 13. No one shall be tried according to pri- vate laws or by special tribunals. No person or corporation shall have privileges nor enjoy emolu- ments which are not in compensation for public services and established by law. Military juris- diction shall be recognized for the trial of criminal cases having direct connection with military disci- pline, but the military tribunals shall in no case and for no reason extend their jurisdiction over persons not belonging to the army. Whenever a civilian shall be implicated in any military crime or offense, the cause shall be heard by the corre- sponding civil authorities. Art. 14. No law shall be given retroactive effect to the prejudice of any person whatsoever. No person shall be deprived of life, liberty, property, possessions or rights without due proc- ess of law instituted before a duly created court, in which the essential elements of procedure are observed and in accordance with previously exist- ing laws. In criminal cases no penalty shall be imposed by mere analogy or even by a priori evidence, but the penalty shall be decreed by a law in every respect applicable to the crime in question. APPENDIX B 165 In civil suits the final judgment shall be accord- ing to the letter or the juridical interpretation of the law; in the absence of the latter, the general legal principles shall govern. Art. 15. No treaty shall be authorized for the extradition of political offenders, or of offenders of the common class, who have been slaves in the country where the offense was committed. Nor shall any agreement or treaty be entered into which abridges or modifies the guarantees and rights which this constitution grants to the indi- vidual and to the citizen. Art. 16. No one shall be molested in his person, family, domicile, papers or possessions, except by virtue of an order in writing of the competent authority setting forth the legal ground and justi- fication for the action taken. No order of arrest or detention shall be issued against any person other than by competent judicial authority, nor unless preceded by a charge, accusation or com- plaint for a specific offense punishable by im- prisonment, supported by an affidavit of a credible party or by such other evidence as shall make the guilt of the accused probable ; in cases in flagrante delicto any person may arrest the offender and his accomplices, placing them without delay at the disposition of the nearest authorities. Only in urgent cases instituted by the public attorney without previous complaint or indictment (see note to Art. 21) and when there is no judicial 166 APPENDIX B authority available may the administrative au- thorities, on their strictest accountability, order the detention of the accused, placing him at the disposition of the judicial authorities. Every search warrant, which may only be issued by the judicial authority and which must be in writing, shall specify the place to be searched, the person or persons to be arrested and the objects sought, to which the proceeding shall be strictly limited; at the conclusion of which, a detailed written state- ment shall be drawn up in the presence of two witnesses proposed by the occupant of the place to be searched, or, in his absence or refusal, by the official making the search. Administrative officials may enter private houses solely for the purpose of determining that the sanitary and police regulations have been com- plied with ; they may likewise demand the exhibi- tion of books and documents necessary to prove that the fiscal regulations have been obeyed, sub- ject to the respective laws and to the formalities prescribed for cases of search. Art. 17. No one shall be imprisoned for debts of a purely civil character. No one shall take the law into his own hands, nor resort to violence in the enforcement of his rights. The courts shall be open for the administration of justice at such times and under such conditions as the law may establish ; their services shall be gratuitous and all judicial costs are accordingly prohibited. ^ APPENDIX B 167 Art. 18. Detention shall be exercised only for offenses meriting corporal punishment. The place of detention shall be different and completely sep- arated from that set apart for the serving of sen- tences. The Federal and State Grovernments shall or- ganize in their respective territories the penal system — ^penal colonies or prisons — on the basis of labor as a means of regeneration. (See Art. 5 and Clauses I and II of Art. 123.) Art. 19. No detention shall exceed three days except for reasons specified in the formal order of commitment, which shall set forth the offense charged, the substance thereof, the time, place and circumstances of its commission, and the facts disclosed in the preliminary examination; these facts must always be sufficient to establish the corpus delicti and the probable guilt of the ac- cused. All authorities ordering any detention or consenting thereto, as well as all agents, subordi- nates, wardens or jailers executing the same, shall be liable for any breach of this provision. The trial shall take place only for the offense or offenses set forth in the formal order of commit- ment. If it shall develop in the course of trial that another offense different from that charged has been committed, a separate accusation must be brought. This, however, shall not prevent the joinder of both causes of action, if deemed ad- visable. 168 APPENDIX B Any maltreatment during apprehension or con- finement; any molestation inflicted without legal justification; any exaction or contribution levied in prison are abuses which the law shall correct and the authorities repress. Art. 20. In every criminal trial the accused shall enjoy the following guarantees : I. He shall be set at liberty on demand and upon giving a bond up to ten thousand pesos, ac- cording to his status and the gravity of the offense charged, provided, however, that the said offense shall not be punishable with more than five years ' imprisonment; he shall be set at liberty without any further requisite than the placing of the stip- ulated sum at the disposal of the proper authori- ties or the giving of an adequate mortgage bond or personal security. II. He may not be forced to be a witness against himself; wherefore denial of access or other means looking towards this end is hereby strictly prohibited. III. He shall be publicly notified within forty- eight hours after being turned over to the judicial authorities of the name of his accuser and of the nature of and cause for the accusation, so that he may be familiar with the offense with which he is charged, may reply thereto and make his prelim- inary statement. IV. He shall be confronted with the witnesses against him, who shall testify in his presence if APPENDIX B 169 they are to be found in the place where the trial is being held, so that he may cross-examine them in his defense. V. All witnesses which he shall offer shall be heard in his defense, as well as all evidence re- ceived, for which he shall be given such time as the law may prescribe; he shall furthermore be assisted in securing the presence of any person or persons whose testimony he may request, provided they are to be found at the place of trial. VI. He shall be entitled to a public trial by a judge or jury of citizens who can read and write and are also citizens of the place and district where the offense shall have been committed, pron vided the penalty for such offense be greater than one year's imprisonment. The accused shall al- ways be entitled to trial by jury for all offenses committed by means of the press against the pub- lic peace or against the safety, domestic or for- eign, of the Republic. VII. He shall be furnished with all information of record needed for his defense. VIII. He shall be tried within four months, if charged with an offense the maximum penalty for which does not exceed two years' imprisonment, and within one year, if the maximum penalty be greater. IX. He shall be heard in his own defense, either personally or by counsel, or by both, as he may desire. In case he shall have no one to defend him, a list of official counsel shall be submitted to 170 APPENDIX B him in order that he may choose one or more to act in his defense. If the accused shall not desire to name any counsel for his defense, after having been called upon to do so at the time of his pre- liminary examination, the court shall appoint counsel to defend him. The accused may name his counsel immediately on arrest and shall be en- titled to have him present at every stage of the trial; but he shall be bound to make him appear as often as required by the court. X. In no event may imprisonment or detention be extended through failure to pay counsel fees or through any other pecuniary charge, by virtue of any civil liability or other similar cause. Nor shall detention be extended beyond the time set by law as the maximum for the offense charged. The period of detention shaU be reckoned as a part of the final sentence. Art. 21. The imposition of all penalties is an exclusive attribute of the judiciary. The prosecu- tion of offenses belongs to the public prosecutor and to the judicial police, who shall be under the immediate command and authority of the public prosecutor. The punishment of violations of municipal and police regulations belongs to the administrative authorities, and shall consist only of a fine or of imprisonment not exceeding thirty- six hours. Should the offender fail to pay the fine this shall be substituted by the corresponding pe- APPENDIX B 171 riod of arrest, whicli shall in no case exceed fifteen days. Should the offender be a workman or unskilled laborer, he shall not be punished with a fine greater than the amount of his weekly wage or salary. Art. 22. Punishments by mutilation and in- famy, by branding, flogging, beating with sticks, torture of any kind, excessive fines, confiscation of property and any other penalties, unusual or working corruption of the blood, are prohibited. Attachment proceedings of the whole or part of the property of any person made under judicial authority to cover any civil liability arising out of the commission of any offense, or by reason of the imposition of any tax or fine, shall not be deemed a confiscation of property. Art. 23. Capital punishment is likewise for- bidden for all political offenses ; in the case of of- fenses other than political it shall only be imposed for high treason committed during a foreign war, parricide, murder with malice aforethought, ar- son, abduction, highway robbery, piracy, and grave military offenses. Art. 24. Every one is free to embrace the re- ligion of his choice and to practice all ceremonies, devotions or observances of his respective creed, either in places of public worship or at home, pro- 172 APPENDIX B vided they do not constitute an offense punishable by law. Every religious act of public worship shall be performed strictly within the places of public wor- ship, which shall be at all times under govern- mental supervision. ( Drawn largely from ' ' Leyes de Reforma" of December 14, 1874. See note to Art. 130.) Art. 25 Sealed correspondence sent through the mails shall be free from search, and its violation shall be punishable by law. Art. 26. No member of the army shall in time of peace be quartered in private dwellings, with- out the consent of the owner ; nor shall he demand any other exaction. In time of war the military may demand lodging, equipment, provisions and other assistance, in the manner provided by the corresponding martial law. Art. 27. The ownership of lands and waters comprised within the limits of the national terri- tory is vested originally in the Nation, which has had, and has, the right to transmit title thereof to private persons, thereby constituting private property. Private property shall not be expropriated ex^ cept for reasons of public utility and by means of indemnification. The Nation shall have at all times the right to APPENDIX B 173 impose on private property such limitations as the public interest may demand as well as the right to regulate the development of natural resources, which are susceptible of appropriation, in order to conserve them and equitably to distribute the public wealth. For this purpose necessary meas- ures shall be taken to divide large landed estates ; to develop small landed holdings ; to establish new centers of rural population with such lands and waters as may be indispensable to them; to en- courage agriculture and to prevent the destruction of natural resources, and to protect property from damage detrimental to society. Settlements, ham- lets situated on private property and communes which lack lands or water or do not possess them in sufficient quantities for their needs shall have the right to be provided with them from the ad- joining properties, always having due regard for small landed holdings. Wherefore, all grants of lands made up to the present time under the de- cree of January 6, 1915, are confirmed. Private property acquired for the said purposes shall be considered as taken for public utility. In the Nation is vested direct ownership of all minerals or substances which in veins, layers, masses, or beds constitute deposits whose nature is different from the components of the land, such as minerals from which metals and metaloids used for industrial purposes are extracted ; beds of pre- cious stones, rock salt and salt lakes formed di- rectly by marine waters, products derived from 174 APPENDIX B the decomposition of rocks, when their exploitation requires underground work; phosphates which may be used for fertilizers; solid mineral fuels; petroleum and all hydrocarbons — solid, liquid or gaseous. In the Nation is likewise vested the ownership of the waters of territorial seas to the extent and in the terms fixed by the law of nations ; those of lakes and inlets of bays; those of interior lakes of natural formation which are directly connected with flowing waters; those of principal rivers or tributaries from the points at which there is a permanent current of water in their beds to their mouths, whether they flow to the sea or cross two or more States; those of intermittent streams which traverse two or more States in their main body; the waters of rivers, streams, or ravines, when they bound the national territory or that of the States ; waters extracted from mines ; and the beds and banks of the lakes and streams herein- before mentioned, to the extent fixed by law. Any other stream of water not comprised within the foregoing enumeration shall be considered as an. integral part of the private property through which it flows ; but the development of the waters when they pass from one landed property to an- other shall be considered of public utility and shall be subject to the provisions prescribed by the States. In the cases to which the two foregoing para- graphs refer, the ownership of the Natipn is in- APPENDIX B 175 alienable and may not be lost by prescription; concessions shall be granted by tbe Federal Gov- ernment to private parties or civil or commercial corporations organized under the laws of Mexico, only on condition that said resources be regularly developed, and on the further condition that the legal provisions be observed. Legal capacity to acquire ownership of lands and waters of the nation shall be governed by the following provisions : I. Only Mexicans by birth or naturalization and Mexican companies have the right to acquire own- ership in lands, waters and their appurtenances, or to obtain concessions to develop mines, waters or mineral fuels in the Eepublic of Mexico. The Nation may grant the same right to foreigners, provided they agree before the Department of Foreign Affairs to be considered Mexicans in re- spect to such property, and accordingly not to in- voke the protection of their Governments in re- spect to the same, under penalty, in case of breach, of forfeiture to the Nation of property so ac- quired. Within a zone of 100 kilometers from the frontiers, and of 50 kilometers from the sea coast, no foreigner shall under any conditions acquire direct ownership ot lands and waters. II. The religious institutions known as churches, irrespective of creed, shall in no case have legal capacity to acquire, hold or administer real prop- erty or loans made on such real property; all such real property or loans as may be at present 176 APPENDIX B held by the said religious institutions, either on their own behalf or through third parties, shall vest in the Nation, and any one shall have the right to denounce property so held. Presumptive proof shall be sufficient to declare the denuncia- tion well-founded. Places of public worship are the property of the Nation, as represented by the Federal Government, which shall determine which of them may continue to be devoted to their pres- ent purposes. Episcopal residences, rectories, seminaries, orphan asylums or collegiate estab- lishments of religious institutions, convents or any other buildings built or designed for the adminis- tration, propaganda, or teaching of the tenets of any religious creed shall forthwith vest, as of full right, directly in the Nation, to be used exclusively for the public services of the Federation or of the States, within their respective jurisdictions. All places of public worship which shall later be erected shall be the property of the Nation. III. Public and private charitable institutions for the sick and needy, for scientific research, or for the diffusion of knowledge, mutual aid so- cieties or organizations formed for any other law- ful purpose shall in no case acquire, hold or ad- minister loans made on real property, unless the mortgage terms do not exceed ten years. In no case shall institutions of this character be under the patronage, direction, administration, charge or supervision of religious corporations or institu- tions, nor of ministers of any religious creed or of APPENDIX B ITT their dependents, even though either the former or the latter shall not be in active service. IV. Commercial stock companies shall not ac- quire, hold, or administer rural properties. Com- panies of this nature which may be organized to develop any manufacturing, mining, petroleum or other industry, excepting only agricultural indus- tries, may acquire, hold or administer lands only in an area absolutely necessary for their establish- ments or adequate to serve the purposes indicated, which the Executive of the Union or of the re- spective State in each case shall determine. V. Banks duly organized under the laws gov- erning institutions of credit may make mortgage loans on rural and urban property in accordance with the provisions of the said laws, but they may not own nor administer more real property than that absolutely necessary for their direct pur- poses ; and they may furthermore hold temporarily for the brief term fixed by law such real property as may be judicially adjudicated to them in execu- tion proceedings. VI. Properties held in common by co-owners, hamlets situated on private property, pueblos, tribal congregations and other settlements which, as a matter of fact or law, conserve their com- munal character, shall have legal capacity to en- joy in common the waters, woods and lands be- longing to them, or which may have been or shall be restored to them according to the law of Jan- uary 6, 1915, until such time as the manner of 178 APPENDIX B making the division of the lands shall be deter- mined by law. VII. Excepting the corporations to which Clauses III, IV, V and VI hereof refer, no other civil corporation may hold or administer on its own behalf real estate or mortgage loans derived therefrom, with the single exception of buildings designed directly and immediately for the pur- poses of the institution. The States, the Federal District and the Territories, as well as the munici- palities throughout the Republic, shall enjoy full legal capacity to acquire and hold all real estate necessary for public services. The Federal and State laws shall determine within their respective jurisdictions those cases in which the occupation of private property shall be considered of public utility; and in accordance with the said laws the administrative authorities shall make the corresponding declaration. The amount fixed as compensation for the expropriated property shall be based on the sum at which the said property shall be valued for fiscal purposes in the catastral or revenue offices, whether this value be that manifested by the owner or merely impliedly accepted by reason of the payment o^ his taxes on such a basis, to which there shall be added 10 per cent. The increased value which the property in question may have acquired through improvements made subsequent to the date of the fixing of the fiscal value shall be the only matter subject to expert opinion and to judicial determi- APPENDIX B 179 nation. The same procedure shall be observed in respect to objects whose value is not recorded in the revenue offices. All proceedings, findings, decisions and all op- erations of demarcation, concession, composition, judgment, compromise, alienation, or auction which may have deprived properties held in com- mon by co-owners, hamlets situated on private property, settlements, congregations, tribes and other settlement organizations still existing since the law of June 25, 1856, of the whole or a part of their lands, woods and waters, are declared null and void ; all findings, resolutions and operations which may subsequently take place and produce the same effects shall likewise be null and void. Consequently all lands, forests and waters of which the above-mentioned settlements may have been deprived shall be restored to them according to the decree of January 6, 1915, which shall re- main in force as a constitutional law. In case the adjudication of lands, by way of restitution, be not legal in the terms of the said decree, which adjudication have been requested by any of the above entities, those lands shall nevertheless be given to them by way of grant, and they shall in no event fail to receive such as they may need. Only such lands, title to which may have been ac- quired in the divisions made by virtue of the said law of June 25, 1856, or such as may be held in undisputed ownership for more than ten years are excepted from the provision of nullity, pro- 180 APPENDIX B vided their area does not exceed fifty hectares. (1 hectare = 2.47 acres.) Any excess over this area shall be returned to the commune and the owner shall be indemnified. All laws of restitu- tion enacted by virtue of this provision shall be immediately carried into effect by the administra- tive authorities. Only members of the commune shall have the right to the lands destined to be divided, and the rights to these lands shall be in- alienable so long as they remain undivided; the same provision shall govern the right of owner- ship after the division has been made. The exer- cise of the rights pertaining to the Nation by vir- tue of this article shall follow judicial process; but as a part of this process and by order of the proper tribunals, which order shall be issued within the maximum period of one month, the ad- ministrative authorities shall proceed without delay to the occupation, administration, auction, or sale of the lands and waters in question, to- gether with all their appurtenances, and in no case may the acts of the said authorities be set aside until final sentence is handed down. During the next constitutional term, the Con- gress and the State Legislatures shall enact laws, within their respective jurisdictions, for the pur- pose of carrying out the division of large landed estates, subject to the following conditions : (a)^ In each State and Territory there shall be fixed the maximum area of land which any one APPENDIX B 181 individual or legally organized corporation may own. (b) The excess of the area thus fixed shall be subdivided by the owner within the period set by the laws of the respective locality ; and these sub- divisions shall be offered for sale on such condi- tions as the respective governments shall approve, in accordance with the said laws. (c) If the owner shall refuse to make the sub- division, this shall be carried out by the local gov- ernment, by means of expropriation proceedings. (d) The value of the subdivisions shall be paid in annual amounts sufficient to amortize the prin- cipal and interest within a period of not less than twenty years, during which the person acquiring them may not alienate them. The rate of interest shall not exceed 5 per cent per annum. (e) The owner shall be bound to receive bonds of a special issue to guarantee the payment of the property expropriated. With this end in view, the Congress shall issue a law authorizing the States to issue bonds to meet their agrarian obligations. (f ) The local laws shall govern the extent of the family patrimony, and determine what prop- erty shall constitute the same on the basis of its inalienability; it shall not be subject to attachment nor to any charge whatever. All contracts and concessions made by former governments from and after the year 1876 which shall have resulted in the monopoly of lands, waters and natural resources of the Nation by a 182 APPENDIX B single individual or corporation, are declared sub- ject to revision, and the Executive is authorised to declare those null and void which seriously preju- dice the public interest. Art. 28. There shall be no private nor govern- mental monopolies of any kind whatsoever in the United States of Mexico ; nor exemption from tax- ation; nor any prohibition even under cover of protection to industry, excepting only those relat- ing to the coinage of money, to the postal, tele- graphic, and radio-telegraphic services, to the is- suance of bills by a single banking institution to be controlled by the Federal Government, and to the privileges which for a limited period the law may concede to authors and artists for the repro- duction of their work ; and lastly, to those granted inventors or improvers of inventions for the ex- clusive use of their inventions. The law will accordingly severely punish and the authorities diligently prosecute any accumulat- ing or cornering by one or more persons of neces- saries for the purpose of bringing about a rise in price ; any act or measure which shall stifle or en- deavor to stifle free competition in any produc- tion, industry, trade or public service ; any agree- ment or combination of any kind entered into by producers, manufacturers, merchants, common carriers or other public or quasi-public service, to stifle competition and to compel the consumer to pay exorbitant prices; and in general whatever APPENDIX B 183 constitutes an unfair and exclusive advantage in favor of one or more specified person or persons to the detriment of the public in general or of any special class of society. Associations of labor organized to protect their own interests shall not be deemed a monopoly. Nor shall cooperative associations or unions of producers be deemed monopolies when, in defense of their own interests or of the general public, they sell directly in foreign markets national or industrial products which are the principal source of wealth of the region in which they are produced, provided they be not necessaries, and provided further that such associations be under the super- vision or protection of the Federal Government or of that of the States, and provided further that authorization be in each case obtained from the respective legislative bodies. These legislative bodies may, either on their own initiative or on the recommendation of the Executive, revoke, whenever the public interest shall so demand, the authorization granted for the establishment of the associations in question. Art. 29. In cases of invasion, grave disturbance of the public peace, or any other emergency which may place society in grave danger or conflict, the President of the Republic of Mexico, and no one else, with the concurrence of the council of minis- ters, and with the approval of the Congress, or if the latter shall be in recess, of the Permanent 184. APPENDIX B Committee, shall have power to suspend through- out the whole Eepublic or in any portion thereof, such guarantees as shall be a hindrance in meet- ing the situation promptly and readily; but such suspension shall in no case be confined to a par- ticular individual, but shall be made by means of a general decree and only for a limited period. If the suspension occur while the Congress is in ses- sion, this body shall grant such powers as in its judgment the Executive may need to meet the sit- uation ; if the suspension occur while the Congress is in recess, the Congress shall be convoked forth- with for the granting of such powers. CHAPTER II Of Mexicans Art. 30. Several of the provisions of this article follow the Naturalization Law of May 28, 1886, while others are a radical departure in the ju- ridical theories hitherto accepted in Mexico. A Mexican shall be such either by birth or by nat- uralization. I. Mexicans by birth are those bom of Mexican parents, within or without the Republic, provided in the latter case the parents be also Mexicans by birth. Persons born within the Republic of for- eign parentage shall likewise be considered Mexi- cans by birth, who within one year after they come of age shall declare to the Department of Foreign Affairs that they elect Mexican citizenship, and APPENDIX B 185 who shall furthermore prove to the said Depart- ment that they have resided within the country during the six years immediately prior to the said declaration. 11. Mexicans by naturalization are : (a) The children of foreign parentage born in the country, who shall elect Mexican citizenship in the manner prescribed in the foregoing clause, and in whom the residence qualification required in the said section does not concur. (b) Those persons who shall have resided in the country for five consecutive years, have an honest means of livelihood and shall have obtained nat- uralization from the said Department of Foreign Affairs. (c) Those of mixed Indian and Latin descent who may have established residence in the Eepub- lic, and shall have manifested their intention to acquire Mexican citizenship. In the cases stipulated in these sections, the law shall determine the manner of proving the req- uisites therein demanded. Art. 31. It shall be the duty of every Mexican : I. To compel the attendance at either private or public schools of their children or wards, when under fifteen years of age, in order that they may receive primary instruction and military training for such periods as the law of public instruction in each State shall determine. II. To attend on such days and at such hours as 186 APPENDIX B the town council shall in each, case prescribe, to receive such civic instruction and military training as shall fit them to exercise their civic rights, shall make them skillful in the handling of arms and familiar with military discipline. III. To enlist and serve in the national guard, pursuant to the respective organic law for the purpose of preserving and defending the inde- pendence, territory, honour, rights and interests of the country, as well as domestic peace and order. IV. To contribute in the proportional and equi- table manner provided by law toward the public expenses of the Federation, the State and the municipality in which he resides. Art. 32. Mexicans shall be preferred under equal circumstances to foreigners for all kinds of concessions and for all public employments, offices or commissions, when citizenship is not indispen- sable. No foreigner shall serve in the army nor in the police corps nor in any other department of public safety during times of peace. Only Mexicans by birth may belong to the na- tional navy, or fill any office or commission therein. The same requisite shall be required for captains, pilots, masters and chief engineers of Mexican merchant ships, as well as for two-thirds of the members of the crew. APPENDIX B 187 CHAPTEE III Of Aliens Art. 33. Aliens are those who do not possess the qualifications prescribed by Article 30. They shall be entitled to the guarantees granted by Chapter I, Title I, of the present Constitution ; but the Executive shall have the exclusive right to ex- pel from the Eepublic forthwith, and without judi- cial process, any foreigner whose presence he may deem inexpedient. No foreigner shall meddle in any way whatso- ever in the political affairs of the country. CHAPTER IV Of Mexican Citizens Art. 34. Mexican citizenship shall be enjoyed only by those Mexicans who have the following qualifications : I. Are over 21 years of age, if unmarried, and over 18, if married. II. Have an honest means of livelihood. Art. 35. The prerogatives of citizens are : I. To vote at popular elections II. To be eligible for any elective office and be qualified for any other office or commission, pro- vided they have the other qualifications required by law. 188 APPENDIX B III. To assemble for the purpose of discussing the political affairs of the country. IV. To serve in the army or national guard for the defense of the Republic and its institutions, as by law determined. V. To exercise the right of petition in any mat- ter whatever. Art. 36. It shall be the duty of every Mexican citizen : I. To register in the polls of the municipality, setting forth any property he may own and his professional or industrial pursuit, or occupation; and also to register in the electoral registration lists, as by law determined. II. To enlist in the national guard. m. To vote at popular elections in the electoral district to which he belongs. IV. To fill the elective Federal or State offices to which he may be chosen, which service shall in no case be gratuitous. V. To serve on the town council of the munici- pality wherein he resides and to perform all elec- toral and jury service. Art. 37. Citizenship shall be lost: I. By naturalization in a foreign country. II. By officially serving the government of an- other country, or accepting its decorations, titles or employment without previous permission of the Federal Congress, excepting literary, scientific APPENDIX B 189 and humanitarian titles which may be accepted freely. III. By compromising themselves in any way before ministers of any religious creed or before any other person not to observe the present Con- stitution, or the laws arising thereunder. Art. 38. The rights or prerogatives of citizen- ship shall be suspended for the following reasons : I. Through failure to comply, without sufficient cause, with any of the obligations imposed by Article 36. This suspension shall last for one year and shall be in addition to any other penalties prescribed by law for the same offense. II. Through being subjected to criminal prose- cution for an offense punishable with imprison- ment, such suspension to be reckoned from the date of the formal order of commitment. III. Throughout the term of imprisonment. IV. Through vagrancy or habitual drunkenness, declared in the manner provided by law. V. Through being a fugitive from justice, the suspension to be reckoned from the date of the order of arrest until the prescription of the crim- inal action. VI. Through any final sentence which shall de- cree as a penalty such suspension. The law shall determine the cases in which civic rights may be lost or suspended and the manner in which they may be regained. 190 APPENDIX B Title II CHAPTER I Of the National Sovereignty and Form of Government Art. 39. The national sovereignty is vested es- sentially and originally in the people. All public power emanates from the people, and is instituted for their benefit. The people have at all times the inalienable right to alter or modify the form of their government. Art. 40. It is the will of the Mexican people to constitute themselves into a democratic, federal, representative republic, consisting of States, free and sovereign in all that concerns their internal affairs, but united in a federation according to the principles of this fundamental law. Art. 41. The people exercise their sovereignty through the federal powers in the matters belong- ing to the Union, and through those of the States in the matters relating to the internal administra- tion of the latter. This power shall be exercised in the manner respectively established by the Con- stitutions, both Federal and State. The constitu- tions of the States shall in no case contravene the stipulations of the Federal constitution. . APPENDIX B 191 CHAPTEE II Of the Integral Parts of the Federation and the National Territory Art. 42. The national territory comprises the integral parts of the Federation and the adjacent islands in both oceans. It likewise comprises the Island of Guadalupe, those of Eevillagigedo, and that of ' 'La Pasion," situated in the Pacific Ocean. Art. 43. The integral parts of the Federation are: The States of Aguascalientes, Campeche, Coahuila, Colima, Chiapas, Chihuahua, Durango, Gruanajuato, Guerrero, Hidalgo, Jalisco, Mexico, Michoacan, Morelos, Nayarit (see Art. 47), Nuevo Leon, Oaxaca, Puebla, Queretaro, San Luis Potosi, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Vera Cruz, Yucatan, Zacatecas, the Federal Dis- trict, the Territory of Lower California, and the Territory of Quintana Roo. Art. 44. The Federal District shall embrace its present territory; in the event of the removal of the Federal Powers to some other place it shall be created into the State of the Valley of Mexico, with such boundaries and area as the Federal Con- gress shall assign to it. Art. 45. The States and Territories of the Fed- eration shall keep their present boundaries and 192 APPENDIX B areas, provided no boundary question shall exist between them. Art. 46. The States having pending boundary questions shall arrange or settle them as provided by this Constitution. Art. 47. The State of Nayarit shall have the territorial area and boundaries at present com- prising the Territory of Tepic. Art. 48. The islands in both oceans embraced within the national territory shall depend directly on the Federal Government, excepting those over which the States have up to the present time exer- cised jurisdiction. Title HI CHAPTER I Of the Division of Powers Art. 49. The supreme power of the Federation is divided for its exercise into legislative, execu- tive and judicial. Two or more of these powers shall never be united in one person or corporation, nor shall the legislative power be vested in one individual ex- cept in the case of extraordinary powers granted to the Executives, in accordance with the pro- visions of Article 29. APPENDIX B 193 CHAPTER II Of the Legislative Power Art. 50. The legislative power of the United States of Mexico is vested in a general Congress which shall consist of a House of Representatives and a Senate. SECTION- I Of the Election and Installation of the Congress Art. 51. The House of Representatives shall consist of representatives of the Nation, all of whom shall be elected every two years by the citizens of Mexico. Art. 52. One Representative shall be chosen for each 60,000 inhabitants or for any fraction thereof exceeding 20,000, on the basis of the general census of the Federal District and of each State and Territory. Any State or Territory in which the population shall be less than that fixed by this article shall, nevertheless, elect one Representa- tive. Art. 53. There shall be elected an alternate for each Representative. Art. 54. The election of Representatives shall be direct, in accordance with the provisions of the electoral law. 194 APPENDIX B Art. 55. Eepresentatives shall have the follow- ing qualifications : I. They shall be Mexican citizens by birth (see Art. 30) and in the enjoyment of their rights. II. They shall be over twenty-five years of age on the day of election. III. They shall be natives of the States or Ter- ritories respectively electing them, or domiciled and actually resident therein for six months im- mediately prior to the election. The domicile shall not be lost through absence in the discharge of any elective ofiice. IV. They shall not be in active service in the Federal army, not have any command in the police corps or rural constabulary in the districts where the elections respectively take place, for at least ninety days immediately prior to the election. V. They shall not hold the office of secretary nor assistant secretary of any executive department nor of justice of the supreme court, unless they shall have resigned therefrom ninety days imme- diately prior to the election. No State Governor, Secretary of State of the several States, nor State Judge shall be eligible in the Districts within their several jurisdictions, un- less they shall have resigned from their office ninety days immediately prior to the day of elec- tion. VI. They shall not be ministers of any religious creed. APPENDIX B 195 Art. 56. The Senate shall consist of two Sen- ators from each State and two from the Federal District, chosen in direct election. Each State Legislature shall certify to the elec- tion of the candidate who shall have obtained a majority of the total number of votes cast. Art. 57. There shall be elected an alternate for each Senator. Art. 58. Each Senator shall serve four years. The Senate shall be renewed by half every two years. Art. 59. The qualifications necessary to be a Senator shall be the same as those necessary to be a Eepresentative, excepting that of age, which shall be over thirty-five on the day of election. Art. 60. Each House shall be the judge of the election of its members and shall decide all ques- tions arising therefrom. Its decisions shall be final. Art. 61. Representatives and Senators are in- violable for opinions expressed by them in the dis- charge of their duties, and shall never be called to account for them. Art. 62. Representatives and Senators shaU be disqualified during the terms for which they have been elected from holding any Federal or State 196 APPENDIX B commission or office for which any emolument is received without previous permission of the re- spective House; in the event of their accepting such commission or office they shall forthwith lose their representative character for such time as they shall hold such appointive office. The same provision shall apply to alternate Representatives and Senators, when in active service. The viola- tion of this provision shall be punished by for- feiture of the office of Representative or Senator. Art. 63. The Houses shall not open their ses- sions nor exercise their functions without a quorum, in the Senate of two-thirds, and in the House of Representatives of a majority of the total membership; but the members present of either House shall meet on the day appointed by law and compel the attendance of the absentees within the next thirty days, and they shall warn them that failure to comply with this provision shall be taken to be a refusal of office, and the corresponding alternates shall be summoned forth- with ; the latter shall have a similar period within which to present themselves, and on their failure to do so the seats shall be declared vacant and new elections called. Representatives or Senators who shall be ab- sent during ten consecutive days without proper cause or without leave of the President of the re- spective House, notice of which shall be duly com- municated to the House, shall be understood as APPENDIX B 197 waiving their right to attend until the next ses- sion, and their alternates shall be summoned with- out delay. If there shall be no quorum to organise either of the Houses or to continue their labours, once or- ganised, the alternates shall be ordered to present themselves as soon as possible for the purpose of taking office until the expiration of the thirty days hereinbefore mentioned. Art. 64. No Eepresentative or Senator who shall fail to attend any daily session without proper cause or without previous permission of the respective House, shall be entitled to the com- pensation corresponding to the day on which he shall have been absent. Art. 65. The Congress shall meet on the first day of September of each year in regular session for the consideration of the following matters : I. To audit the accounts of the previous year which shall be submitted to the House of Repre- sentatives not later than ten days after the open- ing of the session. The audit shall not be confined to determining whether the expenditures do or do not conform with the respective items in the Budget, but shall comprise an examination of the exactness of, and authorisation for, payments made thereunder, and of any liability arising from such payments. No other secret items shall be permitted than 198 APPENDIX B those which the Budget may consider necessary as such ; these amounts shall be paid out by the sec- retaries of executive departments under written orders of the President. II. To examine, discuss and approve the Budget for the next fiscal year, and to lay such taxes as may be needed to meet the expenditures. III. To study, discuss and vote on all bills pre- sented and to discuss all other matters incumbent upon the Congress by virtue of this Constitution. Art. 66. The regular session of the Congress shall last the period necessary to deal with all of the matters mentioned in the foregoing article, but it may not be extended beyond the thirty-first day of December of the same year. Should both Houses fail to agree as to adjournment prior to the above date, the matter shall be decided by the Executive. Art. 67. The Congress shall meet in extraordi- nary session whenever so summoned by the Presi- dent, but in such event it shall consider only the matter or matters submitted to it by the President, who shall enumerate it or them in the respective call. The President shall have power to convene in extraordinary session only one of the Houses when the matter to be referred to it pertains to its exclusive jurisdiction. Art. 68. Both Houses shall hold their meetings in the same place and shall not move to another APPENDIX B 199 without having first agreed upon the moving and the time and manner of accomplishing it, as well as upon the place of meeting, which shall be the same for both Houses. If both Houses agree to change their meeting place but disagree as to the time, manner and place the President shall settle the question by choosing one of the two proposals. Neither House may suspend its sessions for more than three days without the consent of the other. Art. 69. The President of the Eepublic shall attend at the opening of the sessions of the Con- gress, whether regular or extraordinary, and shall submit a report in writing ; this report shall, in the former case, relate to the general state of the Union; and in the latter, it shall explain to the Congress or to the House addressed the reasons or causes which rendered the call necessary and the matters requiring inunediate attention. Art. 70. Every measure of the Congress shall be in the form of a law or decree. The laws or decrees shall be communicated to the Executive after having been signed by the Presidents of both Houses and by one of the secretaries of each. When promulgated, the enacting clause shall read as follows : ''The Congress of the United States of Mexico decrees (text of the law or decree)." 200 APPENDIX B SECTION- II Of the Origin and Formation of the Laws Art. 71. The right to originate legislation per- tains : I. To the President of the Eepublic; II. To the Representatives and Senators of the Congress ; III. To the State Legislatures. Bills submitted by the President of the Republic, by State Legislatures or by delegations of the States shall be at once referred to committee. Those introduced by Representatives or Senators shall be subject to the rules of procedure. Art. 72. Bills, action on which shall not pertain exclusively to one of the Houses, shall be discussed first by one and then by the other, according to the rules of procedure as to the form, time of pres- entation and other details relative to discussions and votes. (a) After a bill has been approved in the House where it originated it shall be sent to the other House for consideration. If passed by the latter it shall be transmitted to the President who, if he has no observations to make thereto, shall imme- diately promulgate it. (b) Bills not returned by the Executive within ten working days with his observations to the House in which they originated, shall be oonsid- APPENDIX B 201 ered approved, "unless during the said ten days the Congress shall have adjourned or suspended its sessions, in which event they shall be returned on the first working day after the Congress shall have reconvened. (c) Bills rejected in whole or in part by the Executive shall be returned with his observations to the House where they originated. They shall be discussed anew by this House and if confirmed by a two-thirds majority vote of the total mem- bership shall be sent to the other House for re- consideration. If approved by it, also by the same majority vote, the bill shall become law and shall be returned to the Executive for promulga- tion. The voting in both Houses shall be by yeas and nays. (d) Bills totally rejected by the House not orig- inating them shall be returned with the proper observations to the House of origin. If examined anew and approved by a majority of the mem- bers present, they shall be returned to the House rejecting them, which shall once again take them under consideration, and if approved by it, like- wise by the same majority vote, they shall be sent to the Executive for the purposes of Clause A; but if the said House fail to approve them, they shall not be reintroduced in the same session. (e) Bills rejected in part or modified or amended by the House of revision shall be dis- cussed anew in the House of origin, but the dis- W2 APPENDIX B cussion shall be confined to the portion rejected or to the amendments or additions, without the approved articles being altered in any respect. If the additions or amendments made by the House of revision be approved by a majority vote of the members present in the House of origin, the bill shall be transmitted to the Executive for the pur- poses of Clause A ; but if the amendments or ad- ditions by the House of revision be rejected by a majority vote of the House of origin they shall be returned to the former House in order that the reasons set forth by the latter may be taken into consideration. If in this second revision the said additions or amendments be rejected by a major- ity vote of the members present the portion of the bill which has been approved by both Houses shall be sent to the Executive for the purposes of Clause A. If the House of revision insist by a majority vote of the members present upon the additions or amendments, no action shall be taken on the whole bill until the next session, unless both Houses agree, by a majority vote of the members present, to the promulgation of the law without the articles objected to, which shall be left till the next session, when they shall be then discussed and voted upon. (f) The same formalities as are required for the enactment of laws shall be observed for their interpretation, amendment or repeal. (g) No bill rejected in the House of origin be- APPENDIX B 203 fore passing to the other House shall be reintro- duced during the session of that year. (h) Legislative measures may be originated in either House, excepting bills dealing with loans, taxes or imposts, or with the raising of troops, which must have their origin in the House of Eepresentatives. (i) Whenever a bill shall be presented to one House it shall be first discussed there unless one month shall have elapsed since it was referred to committee and not reported, in which event an identical bill may be presented and discussed in the other House. (j) The President shall not make any observa- tions touching the resolutions of the Congress or of either House when acting as an electoral body or as a grand jury, nor when the House of Eepre- sentatives shall declare that there are grounds to impeach any high federal authority for official offences. Nor shall he make any observations touching the order for a call issued by the Permanent Committee as provided in Article 84. SECTION- nr Of the Powers of the Congress Art. 73. The Congress shall have power : I. To admit new States or Territories into the Federal Union. 204 APPENDIX B II. To grant statehood to Territories whicli have a population of eighty thousand inhabitants and the necessary means to provide for their political existence. III. To form new States within the boundaries of existing ones, provided the following requisites are complied with : 1. That the section or sections aspiring to statehood have a population of one hundred and twenty thousand inhabitants at least ; 2. That proof be given to the Congress that it has sufficient means to provide for its political existence ; 3. That the legislatures of the States affected be heard as to the advisability or inadvisability of granting such statehood, which opinion shall be given within six months reckoned from the day on which the respective communication is for- warded ; 4. That the opinion of the Executive of the Federal Government be also heard on the subject ; this opinion shall be given within seven days after the date on which it was requested. 5. That the creation of the new State be voted upon favorably by two-thirds of the Eepresenta- tives and Senators present in their respective Houses. 6. That the resolution of the Congress be ratified by a majority of the State Legislatures, upon examination of a copy of the record of the case, provided that the Legislatures of the States APPENDIX B 205 to wMch the section belongs shall have given their consent. 7. Th^at the ratification referred to in the fore- going clause be given by two-thirds of the legis- latures of the other States, if the legislatures of the States to which the Section belongs have not given their consent. IV. To settle finally the limits of the States, terminating the differences which may arise be- tween them relative to the demarcation of their respective territories, except when the differences be of a litigious nature. V. To change the residence of the supreme powers of the Federation. VI. To legislate in all matters relating to the Federal District and the Territories, as herein- after provided: 1. The Federal District and the Territories shall be divided into municipalities, each of which shall have the area and population sufficient for its own support and for its contribution toward the common expenses. 2. Each municipality shall be governed by a town council elected by direct vote of the people. 3. The Federal District and each of the Terri- tories shall be administered by governors under the direct orders of the President of the Republic. The Governor of the Federal District shall de- spatch with the President, and the Governor of each Territory shall despatch with the President through the duly constituted channels. The Gov- 206 APPENDIX B ernor of the Federal District and the Governor of each Territory shall be appointed by the Presi- dent and may be removed by him at will. 4. The Superior Judges and those of First In- stance of the Federal District as well as of the Territories shall be named by the Congress, act- ing in each case as an electoral college. In the temporary or permanent absences of the said Superior Judges these shall be replaced by ap- pointment of the Congress, and in recess by tem- porary appointments of the Permanent Com- mittee. The organic law shall determine the man- ner of filling temporary vacancies in the case of judges, and shall designate the authority before whom they shall be called to account for any dereliction, excepting the provisions of this Con- stitution with regard to the responsibility of offi- cials. From and after the year 1923 the Superior Judges and those of First Instance to which this clause refers may only be removed from office for bad conduct and after impeachment, unless they shall have been promoted to the next higher grade. From and after the said date the compensation enjoyed by said officials shall not be diminished during their term of office. 5. The office of the Public Attorney (Minis- terio Publico) of the Federal District and of the Territories, shall be in charge of an Attorney General, who shall reside in the City of Mexico, and of such Public Attorney or Attorneys as the law may determine; the said Attorney General APPENDIX B 207 shall be under the direct orders of the President of the Republic, who shall appoint and remove him at will. VII. To lay the taxes necessary to meet the expenditures of the budget. Vm. To establish the bases upon which the Executive may make loans on the credit of the nation ; to approve the said loans and to acknowl- edge and order the payment of the national debt. IX. To enact tariff laws on foreign commerce and to prevent restrictions from being imposed on interstate commerce. X. To legislate for the entire Republic in all matters relating to mining, commerce, and insti- tutions of credit, and to establish the sole bank of issue, as provided in Article 28 of this Constitu- tion. XI. To create or abolish Federal offices, and to fix, increase, or decrease the compensations as- signed thereto. XII. To declare war, upon examination of the facts submitted by the Executive. XIII. To regulate the manner in which letters of marque may be issued ; to enact laws according to which prizes on sea and land shall be adjudged valid or invalid ; and to frame the admiralty law for times of peace and war. XIV. To raise and maintain the army and navy of the Union, and to regulate their organiza- tion and service. XV. To make rules for the organization and 208 APPENDIX B discipline of the National Guard, reserving for the citizens who compose it the right of appointing their respective commanders and officers, and to the States the power of instructing it in conform- ity with the discipline prescribed by the said regulations. XVI. To enact laws on citizenship, naturaliza- tion, colonization, emigration, immigration and public health of the Eepublic. 1. The Public Health Service shall depend di- rectly upon the President of the Eepublic, with- out the intervention of any executive depart- ment, and its general provisions shall be binding throughout the Eepublic. 2. In the event of epidemics of a grave or dan- gerous nature, of the invasion of diseases from abroad, the Public Health Service shall put into force without delay the necessary preventive measures, subject to their subsequent sanction by the President of the Eepublic. 3. The sanitary authorities shall have execu- tive faculties and their determinations shall be obeyed by the administrative authorities of the country. 4. All measures which the Public Health Serv- ice shall have put into effect in its campaign against alcoholism and the sale of substances in- jurious to man and tending to degenerate the race shall be subsequently revised by the Congress, in such cases as fall within the jurisdiction of the latter. APPENDIX B 209 XVII. To enact laws on general means of oommnnication, postroads and post offices and to enact laws as to the use and development of the waters subject to the Federal jurisdiction. XVni. To establish mints, regulate the value and kinds of the national coin, fix the value of foreign moneys, and adopt a general system of weights and measures. XIX. To make rules for the occupation and alienation of public lands and the prices thereof. XX. To enact laws as to the organization of the diplomatic and consular services. XXI. To define the crimes and offenses against the Nation and to fix the penalties therefor. XXII. To grant pardons for offenses subject to federal jurisdiction. XXIII. To make rules for its internal govern- ment and to enact the necessary provisions to compel the attendance of absent Eepresentatives and Senators and to punish the acts of commis- sion or omission of those present. XXIV. To issue the organic law of the office of the Comptroller of the Treasury. XXV. To sit as an electoral college and to name the Justices of the Supreme Court, and the Superior and Inferior Judges of the Federal Dis- trict and Territories. XXVI. To accept the resignation of the Jus- tices of the Supreme Court and of the Superior and Inferior Judges of the Federal District and 210 APPENDIX B Territories, and to name substitutes in their ab- sence and to appoint their successors. XXVII. To establish professional schools of scientific research and fine arts, vocational, agri- cultural and trade schools, museums, libraries, observatories and other institutes of higher learn- ing, until such time as these establishments can be supported by private funds. These powers shall not pertain exclusively to the Federal Gov- ernment. All degrees conferred by any of the above in- stitutions shall be valid throughout the Republic. XXVIII. To sit as an electoral college and to choose the person to assume the office of Presi- dent of the Republic, either as a substitute Presi- dent or as a President ad interim in the terms established by Articles 84 and 85 of this Constitu- tion. XXIX. To accept the resignation of the Presi- dent of the Republic. XXX. To audit the accounts which shall be submitted annually by the Executive; this audit shall comprise not only the checking of the items disbursed under the Budget but the exactness of and authorization for the expenditures in each case. XXXI. To make all laws necessary for carry- ing into execution the foregoing powers and all other powers vested by this Constitution in the several branches of the Government. APPENDIX B 211 Art. 74. The House of Eepresentatives shall have the following exclusive powers : I. To sit as an electoral college to exercise the powers conferred by law as to the election of the President. II. To watch by means of a committee ap- pointed from among its own members over the faithful performance by the Comptroller of the Treasury in the discharge of his duties. III. To appoint all the higher officers and other employees of the office of the Comptroller of the Treasury. IV. To approve the annual Budget, after a dis- cussion as to what taxes must in its judgment be laid to meet the necessary expenditures. V. To take cognizance of all charges brought against public officials, as herein provided, for official offenses, and should the circumstances so warrant to impeach them before the Senate ; and further to act as a grand jury to decide whether there is or is not good ground for proceeding against any official enjoying constitutional privi- leges, whenever accused of offenses of the common order. VI. To exercise such other powers as may be expressly vested in it by this Constitution. Art. 75. The House of Eepresentatives, in passing the Budget, shall not fail to assign a defi- nite compensation to every office created by law, and if for any reason such compensation shall not 212 APPENDIX B be assigned, the amount fixed in the preceding Budget or in the law creating the office shall be presumed to be assigned. Art. 76. The Senate shall have the following exclusive powers : I. To approve the treaties and diplomatic con- ventions concluded by the Executive with foreign powers. II. To confirm the nominations made by the President of diplomatic ministers or agents, con- suls general, higher officials of the treasury, colonels and other superior officers of the army and navy, in the manner and form by law pro- vided. III. To authorize the Executive to allow na- tional troops to go beyond the limits of the Re- public, or to permit foreign troops to pass through the national territory, and to consent to the presence of fleets of another nation for more than one month in Mexican waters. IV. To consent to the Executive disposing of the national guard outside of the limits of its re- spective States or Territories, and to fix the amount of the force to be used. V. To declare, when all the constitutional powers of any State have disappeared, that the occasion has arisen to give to the said State a provisional governor, who shall call for elections to be held according to the constitution and laws of the said State. The appointment of snch a APPENDIX B 213 governor shall be made by the Senate with the approval of two-thirds of its members present or during recess by the Permanent Committee by the same two-thirds majority, from among three names submitted by the President. The official thus selected shall not be chosen constitutional governor in the elections to be held under the call which he shall issue. This provision shall gov- ern whenever the State Constitutions do not pro- vide for the contingency. VI. To sit as a Grand Jury to take cognizance of such official offenses of functionaries as are ex- pressly prescribed by this Constitution. VII. To exercise such other powers as may be expressly vested in it by this Constitution. VIII. To adjust all political questions arising between the powers of a State whenever one of them shall appeal to the Senate or whenever by virtue of such differences a clash of arms has arisen to interrupt the constitutional order. In this event the Senate shall decide in accordance with the Federal Constitution and the Constitu- tion of the State involved. The exercise of this power and of the foregoing shall be regulated by law. Art. 77. Each House may, without the inter- vention of the other: I. Pass resolutions upon matters exclusively relating to its own interior government. II. Communicate with the other House, and 214 APPENDIX B with the Executive through committees appointed from among its members. III. Appoint the employees in the office of its secretary, and make all rules and regulations for the said office. IV. Issue a call for extraordinary elections to fill any vacancies which may occur in its member- ship. SECTION IV Of the Permanent Committee Art. 78. During the recess of the Congress there shall be a Permanent Committee consisting of twenty-nine members, fifteen of whom shall be Eepresentatives and fourteen Senators, appointed by the respective Houses on the eve of the day of adjournment. Art. 79. In addition to the powers expressly vested in it by this Constitution, the Permanent Committee shall have the following powers : I. To give its consent to the use of the national guard as provided in Article 76, Clause IV. II. To administer the oath of office, should the occasion arise, to the President, to the Justices of the Supreme Court, to the Superior Judges of the Federal District and Territories, on such occa- sions as the latter officials may happen to be in the City of Mexico. APPENDIX B 215 III. To report on all pending matters, so that they may be considered in the next session. IV. To call extraordinary sessions in the case of official offenses or offenses of the common order committed by Secretaries of Executive Depart- ments or Justices of the Supreme Court, and offi- cial offenses committed by State Governors, pro- vided the case shall have been already instituted by the Committee of the Grand Jury, in which event no other business of the Congress shall be considered, nor shall the sessions be prolonged beyond tlie time necessary for a decision. CHAPTER ni Of the Executive Power Art. 80. The exercise of the supreme executive power of the Union is vested in a single indi- vidual, who shall be called ''President of the United States of Mexico." Art. 81. The election of President shall be di- rect, in accordance with the terms of the electoral law. Art. 82. The President of the Republic shall have the following qualifications : I. He shall be a Mexican citizen by birth, in the full enjoyment of his rights, and he must be the son of Mexican parents by birth. 216 APPENDIX B II. He shall be over thirty-five years of age at the time of election. in. He shall have resided in the country dur- ing the entire year prior to the election. IV. He shaU not belong to the ecclesiastical state nor be a minister of any religious creed. V. In the event of belonging to the army, he shall have retired from active service 90 days im- mediately prior to the election. VI. He shall not be a secretary or assistant secretary of any executive department, unless he shall have resigned from office 90 days prior to the election. VII. He shall not have taken part, directly or indirectly, in any uprising, riot or military coup. Art. 83. The President shall enter upon the duties of his office on the first day of December, shall serve four years and shall never be re- elected. The citizen who shall replace the constitutional President in the event of his permanent disability shall not be elected President for the ensuing term. Nor shall the person designated as Acting President during the temporary disabilities of the constitutional President be re-elected President for the ensuing term. Art. 84. In the event of the permanent disabil- ity of the President of the Republic, if this shall APPENDIX B 217 occtir within the first two years of the respective term, the Congress, if in session, shall forthwith ac^as an electoral college, and with the attendance of at least two-thirds of its total membership shall choose a President by secret ballot and by a ma- jority vote; and the same Congress shall issue the call for Presidential elections and shall en- deavor to have the date set for this event as far as possible coincide with the date of the next elec- tion of Representatives and Senators to Congress. Should the disability of the President occur while Congress is in recess, the Permanent Com- mittee shall forthwith designate a President ad interim who shall call Congress together in extraordinary session, in order that it may in turn issue the call for Presidential elections in the man- ner provided in the foregoing paragraph. Should the disability of the President occur in the last two years of the respective term, the Congress, if in session, shall choose the substitute to conclude the period of the presidential term ; if Congress shall not be in session the Permanent Committee shall choose a President ad interim and shall summon Congress in extraordinary ses- sion, in order that it may act as an electoral college and proceed to the election of the substitute President. The President ad interim may be chosen by Congress as substitute President. The citizen designated as President ad interim for the purpose of calling elections, in the event 218 APPENDIX B of the disability of the President within the two first years of the respective term, shall not be chosen in the elections held to fill such vacancy and for which he was designated. Art. 85. If the President-Elect shall fail to present himself at the beginning of any constitu- tional term, or the election not have been held and the result made known by the first of December, the outgoing President shall nevertheless vacate office and the President ad interim chosen by the Congress, or in its recess by the Permanent Com- mittee, shall forthwith assume the executive power. All action taken hereunder shall be gov- erned by the provisions of the foregoing article. In case of a temporary disability of the President, the Congress, or the Permanent Com- mittee if the Congress shall not be in session, shall designate an Acting President during such dis- ability. If a temporary disability shall become permanent, the action prescribed in the preceding article shall be taken. In the event of a leave of absence granted to the President of the Republic the person acting in his stead shall not be disqualified from being elected in the ensuing period, provided he shall not have been in office during the holding of elec- tions. Art. 86. The President shall not resign office except for grave cause, upon which the Congress APPENDIX B 219 shall pass, to whicli body the resignation shall be tendered. Art. 87. The President, before entering upon the discharge of the duties of his office, shall make the following affirmation before the Congress, or in its recess before the Permanent Committee : "I do solemnly affirm that I will defend and enforce the Constitution of the United States of Mexico and the laws arising thereunder and that I will faithfully and conscientiously perform the duties of President of the United States of Mex- ico, to which I have been chosen by the people, having ever in mind the welfare and prosperity of the Nation; if I shall fail to do so, may the Nation call me to account." Art. 88. The President shall not absent him- self from the national territory without the per- mission of the Congress. Art. 89. The President shall have the following powers and duties : I. To promulgate and execute the laws enacted by the Congress, providing, within the executive sphere, for their faithful observance. II. To appoint and remove at will the Secre- taries of Executive Departments, the Attorney General of the Kepublic, the Governor of the Fed- eral District, the Governors of Territories, the Attorney General of the Federal District and 220 APPENDIX B Territories; and to appoint and remove at will all other Federal employees whose appointment or removal is not otherwise provided for by law or in this Constitution. III. To appoint, with the approval of the Senate, all ministers, diplomatic agents and con- suls general. IV. To appoint, with the approval of the Sen- ate, the colonels and other superior officers of the army and navy and the superior officials of the treasury. V. To appoint all other officers of the national army and navy, as by law provided. VI. To dispose of the permanent land and sea forces for the domestic safety and foreign defense of the Union. VII. To dispose of the national guard for the same purposes, as provided by Article 76, Clause IV. VIII. To declare war in the name of the United States of Mexico, after the passage of the cor- responding resolution by the Congress of the Union. IX. To grant letters of marque, upon the terms and conditions fixed by the Congress. X. To conduct diplomatic negotiations and to make treaties. XI. To call Congress, or either of the Houses, in extraordinary session, whenever in his judg- ment it may be advisable. Xn. To afford the judiciary the assistance APPENDIX B 221 necessary for the expeditious exercise of its func- tions. XIII. To open all kinds of ports, establish maritime and frontier custom houses and desig- nate their location. XIV. To grant, according to law, pardons to criminals sentenced for offenses within the juris- diction of the Federal tribunals, and to all persons sentenced for offenses of the common order in the Federal District and Territories. XV. To grant exclusive privileges for a limited time, and according to the respective laws, to dis- coverers, inventors or improvers in any branch of industry. XVI. Whenever the Senate shall not be in ses- sion the President may temporarily make the nominations enumerated in Clauses III and IV hereof, but these nominations shall be submitted to the Senate so soon as it reconvenes. XVII. To exercise such other rights and duties as are expressly conferred upon him by this Con- stitution. Art. 90. For the transaction of administrative matters of the Federal Government there shall be the number of Secretaries of Executive Depart- ments which the Congress may by law establish, which law shall likewise assign among the various departments the several matters with which each shall be charged. 222 APPENDIX B Art. 91. No person shall be appointed Secre- tary of an Executive Department who is not a Mexican citizen by birth, in the enjoyment of his rights and who has not attained the age of thirty years. Art. 92. All regulations, decrees and orders of the President shall be signed by the Secretary of the Executive Department to which the matter pertains. They shall not be binding without this requisite. All regulations, decrees and orders of the President touching the government of the Federal District and the administrative depart- ments shall be transmitted directly by the Presi- dent to the Governor of the District and to the chief of the respective department. Art. 93. The Secretaries of Executive Depart- ments shall on the opening of each regular session report to the Congress as to the state of their respective Departments. Either House may sum- mon a Secretary of an Executive Department to inform it, whenever a bill or other matter per- taining to his department is under discussion or consideration. CHAPTER IV Of the Judicial Power Art. 94. The judicial power of the Federation is vested in a Supreme Court and in Circuit and District Courts, whose number and powers shall APPENDIX B 223 be fixed by law. The Supreme Court of Justice shall consist of eleven members ; its sittings shall be in banc and its hearings shall be public, except in the cases where public interest or morality shall otherwise require. It shall meet at such times and under such conditions as by law pre- scribed. No sittings of the court shall be held without the attendance of at least two-thirds of its total membership, and all decisions rendered shall be by a majority vote. The Justices of the Supreme Court chosen to this office in the forthcoming elections shall serve two years; those elected at the conclusion of this first term shall serve four years, and from and after the year 1923 the Justices of the Supreme Court, the Circuit and District Judges may only be removed for malfeasance and after impeach- ment proceedings, unless the Circuit and District Judges be promoted to the next higher grade. The same provision shall govern, in so far as it be applicable to the terms of two and four years, respectively, to which this article refers. Art. 95. The Justices of the Supreme Court shall have the following qualifications : I. They shall be Mexican citizens by birth, in the full enjoyment of their civil and political rights. II. They shall be over thirty-five years of age at the time of election. III. They shall be graduates in law of some 224 APPENDIX B institution or corporation authorized by law to confer such degrees. IV. They shall be of good repute and not have been convicted of any offense punishable with more than one year's imprisonment; but convic- tion of larceny, deceit, forgery, embezzlement or any other offense seriously impairing their good name in the public mind shall disqualify them for office, whatever may have been the penalty im- posed. V. They shall have resided in the country for the last five years, except in the case of absence due to public service abroad for a period not ex- ceeding six months. Art. 96. The members of the Supreme Court of Justice shall be chosen by the Congress, acting as an electoral college; the presence of at least two-thirds of the total number of Representatives and Senators shall be necessary for such action. The election shall be by secret ballot and by a majority vote, and shall be held as among the candidates previously proposed, one being nomi- nated by each State legislature, as provided in the respective State laws. Should no candidate receive a majority on the first ballot, the balloting shall be repeated between the two candidates receiving the highest number of votes. Art. 97. All Circuit and District Judges shall be appointed by the Supreme Court of Justice; APPENDIX B 225 they shall have such qualifications as by law re- quired, shall serve four years and shall not be removed except by impeachment proceedings or for incapacity to discharge their duties, in accord- ance with the law. The Supreme Court of Justice may remove the District Judges from one District to another, or it may fix their seats in another locality, as it may deem most advantageous to the public busi- ness. A similar procedure shall be observed in the case of Circuit Judges. The Supreme Court of Justice may likewise ap- point auxiliary Circuit and District Judges to assist in the labors of such courts as have an excessive amount of business, in order that the administration of justice may be speedy; it shall also name one or more of its members or some district or circuit judge or shall designate one or more special commissioners, whenever it shall deem it advisable or on the request of the Presi- dent or of either House or of any State Governor, solely for the purpose of inquiring into the be- havior of any judge or federal justice or into any fact or facts which amount to a violation of any individual rights or to the subversion of the popular will or any other offense punishable by Federal statute. The Circuit and District Courts shall be assigned among the several Justices of the Su- preme Court who shall visit them periodically, 226 APPENDIX B shall observe the conduct of their judges, listen to any complaint presented against them and per- form all such other acts as the law may require. The Supreme Court shall appoint and remove at will its clerk of the court and other employees on the roster established by law. The Circuit and District Judges shall likewise appoint and remove at will their respective clerks and employees. The Supreme Court shall choose each year one of its members to act as Chief Justice, with the right of re-election. Each Justice of the Supreme Court on assuming office shall make an affirmation before Congress, or if this is in recess, before the Permanent Com- mittee, as follows: The Presiding Officer shall say : "Do you prom- ise to perform faithfully and conscientiously the duties of Justice of the Supreme Court with which you have been charged, and to defend and enforce the Constitution of the United States of Mexico and the laws arising thereunder, having ever in mind the welfare and prosperity of the Nation!" To which the Justice shall reply, ''I do." On which the Presiding Officer shall answer: "If you fail to do so, may the Nation call you to account. ' ' The Circuit and District Judges shall make the affirmation of office before the Supreme Court or before such other authority as the law may de- termine. APPENDIX B 227 Art. 98. No temporary disability of a Justice of the Supreme Court not exceeding one month shall be filled, provided there be otherwise a quorum. In the absence of a quorum the Con- gress, or in its recess the Permanent Committee, shall name a substitute selected from among the candidates submitted by the States for the election of the justice in question and not chosen, to serve during such disability. If the disability does not exceed two months, the Congress, or during its recess the Permanent Committee, shall choose at will a temporary justice. In the event of the death, resignation or dis- qualification of any justice of the Supreme Court, a new election shall be held by the Congress to fill this vacancy as provided in Article 96. If the Congress shall not be in session, the Per- manent Committee shall make a temporary appointment until such time as the Congress shall convene and proceed to the corresponding elec- tion. Art. 99. The resignation of a justice of the Supreme Court shall only be accepted for grave cause, approved by the Congress, to whom the resignation shall be tendered. In the recesses of the Congress the power to act on this matter belongs to the Permanent Committee. Art. 100. The Supreme Court shall grant all leaves of absence of its members, when they do 228 APPENDIX B not exceed one month; sucli as do exceed this period shall be granted by the House of Represen- tatives, or during its recess by the Permanent Committee. Art. 101. No Justice of the Supreme Court, Circuit or District Judge, nor clerk of any of these courts shall under any circumstances accept any State, Federal or private commission or office, excepting honorary titles from scientific, literary or charitable associations. The violation of this provision shall work a forfeiture of office. Art. 102. The office of the Public Attorney shall be organized in accordance with the law, and its officers shall be appointed and removed at will by the Executive. They shall be under the direc- tion of an Attorney General who shall possess the same qualifications as are required for the office of Justice of the Supreme Court. The Public Attorneys shall be charged with the judicial prosecution of all Federal offenses ; they shall accordingly sue out all orders of arrest, assemble and offer all evidence as to the respon- sibility of the accused, see that the trials are con- ducted in due order so that the administration of justice may be speedy, pray the imposition of sentence, and in general take part in all matters required by law. The Attorney General of the Republic shall per- sonally intervene in matters to which the Federal APPENDIX B 229 Government is a party, in cases affecting minis- ters, diplomatic agents and consuls general, and in all controversies between two or more States of the Union, between the Federal Government and a State or between the several powers of a State. The Attorney General may either person- ally or through one of the Public Attorneys take part in all other cases in which the Public Attor- neys are called upon to act. The Attorney General shall be the legal advisor of the Government, and both he and the Public Attorneys under his orders shall faithfully obey the law and shall be liable for all breaches or for any violations which they may incur in the dis- charge of their duties. Art. 103. The Federal tribunals shall take cog- nizance of: I. All controversies arising Out of laws or acts of the authorities which shall infringe any per- sonal guarantees. II. All controversies arising out of laws or acts of the federal authorities which limit or en- croach upon the sovereignty of the States. III. All controversies arising out of laws or acts of the State authorities which invade the sphere of the Federal authorities. Art. 104. The Federal Tribunals shall have jurisdiction over : I. All controversies of a civil or criminal na- 230 APPENDIX B ture arising out of the application and enforce- ment of the Federal laws, or out of treaties concluded with foreign powers. Whenever such controversies affect only private rights, the reg- ular local courts of the States, the Federal Dis- trict and Territories shall, at the election of the plaintiff, assume jurisdiction. Appeal may be had from all judgments of first instance to the next higher tribunal of the same court in which the case was first heard. Appeal may be taken from sentences of second instance to the Supreme Court of Justice, which appeal shall be prepared, sub- mitted and prosecuted, in accordance with the pro- cedure provided by law. II. All cases pertaining to admiralty law. III. All cases to which the Federation may be a party. IV. All cases arising between two or more States, or between any State and the Federal Grovernment, as well as those arising between the courts of the Federal District and those of the Federal Government or of a State. V. All cases arising between a State and one or more citizens of another State. VI. All cases concerning diplomatic agents and consuls. Art. 105. The Supreme Court of Justice shall have exclusive jurisdiction in all controversies arising between two or more States, between the powers of government of any State as to the con- APPENDIX B 231 stitutionality of their acts, or between one or more States and the Federal Government, and in all cases to which the Federal Government may be a party. Art. 106. The Supreme Court of Justice shall likewise have exclusive jurisdiction to determine all questions of jurisdiction between the Federal tribunals, between these and those of the States, or between those of one State and those of another. Art. 107. All controversies mentioned in Article 103 shall be prosecuted by the injured party in accordance with the judicial forms and procedure which the law shall establish, subject to the following conditions : I. The judgment shall always be so drawn as to affect exclusively private individuals, and shall confine itself to affording them redress in the special case to which the complaint refers; but, it shall make no general statement as to the law or the act that may have formed the basis for the complaint. II. In civil or penal suits, excepting those men- tioned in Clause IX hereof, the writ of ''amparo" shall issue only against final judgments when no other ordinary recourse is available by which these judgments may be modified or amended, if the violation of the law shall have occurred in the judgment, or if, although committed during the course of the trial, objection was duly noted and APPENDIX B protest entered against the denial of reparation, and provided further that if committed in first instance it shall have been invoked in second in- stance as a violation of the law. Notwithstanding the foregoing provision, the Supreme Court may in penal cases waive any defects in the petition when there has been a mani- fest violation of the law which has left the peti- tioner without recourse, or when he has been tried by a law not strictly applicable to the case, pro- vided failure to take advantage of this violation has been merely an oversight. III. In civil or penal suits the writ of "amparo" shall issue only if substantial portions of the rules of procedure have been violated, and provided further that the said violation shall de- prive the petitioner of means of defense. IV. In addition to the case mentioned in the foregoing paragraph, the writ of "amparo" shall \ issue only on a final judgment in a civil suit, — 1} provided the requirements set forth in Clause II ■ hereof have been complied with, — when the judg- ment shall be contrary to the letter of the law applicable to the case or contrary to its legal interpretation, when it includes persons, actions, defenses, or things which have not been the object of the suit, or finally when all these have not been included either through omission or express re- fusal. When the writ of ''amparo'^ is sought against f mesne judgments, in accordance with the provi- APPENDIX B 233 sions of the foregoing clause, these rules shall be observed, as far as applicable. V. In penal suits, the authorities responsible for the violation shall stay the execution of final judgment against which the writ of ' ' amparo ' ' has been sought ; for this purpose the petitioner shall, within the period set by law, give notice, under oath, to the said authorities of the interposition of this recourse, accompanying it with two copies of the petition, one of which shall be delivered to the opposing party and the other filed. VI. The execution of a final judgment in civil suits shall only be stayed when the petitioner shall give bond to cover damages occasioned thereby, unless the other party shall give a counter bond (1) to guarantee that the normal conditions and relations previously existing be restored, and (2) to pay the corresponding dam- ages, in the event of the granting of the ''amparo." In such event the interposition of the recourse of ' ' amparo ' ' shall be communicated as provided in the foregoing clause. VII. If a writ of ''amparo" be sought against a final judgment, a certified copy of such portions of the record as the petitioner may desire shall be requested from the authority responsible for the violation; to this there shall be added such portions as the other party may desire and a clear and succinct statement by the said authority of the justification of the act protested ; note shall be made of this on the record. 234 APPENDIX B VIII. When a writ of ''amparo" is sought against a final judgment, the petition shall be brought before the Supreme Court; this petition, together with the copy required by Clause VII, shall be either presented to the Supreme Court or sent through the authority responsible for the violation or through the District Court of the cor- responding State. The Supreme Court shall ren- der judgment without any other formality or procedure than the petition, the document pre- sented by the other party and that of the Attorney General or the Public Attorney he may name in his stead, and shall comprise no other legal question than that contained in the complaint. IX. When the acts of an authority other than the judicial are involved or the acts of the judiciary exercised outside of the suit or after the termination thereof, or acts committed during the suit whose execution is of impossible repara- tion, or which affect persons not parties to the suit, the writ of "amparo" shall be sought before the District Court within whose jurisdiction is located the place where the act protested was com- mitted or attempted; the procedure in this case shall be confined to the report of the authority and to a hearing, the call for which shall be issued in the same order of the court as that calling for the report. This hearing shall be held at as early a date as possible, the testimony of both parties offered, arguments heard which shall not exceed one hour for each side, and finally the judgment APPENDIX B 235 which shall be pronounced at the same hearing. The judgment of the District Court shall be final, if the interested parties do not appeal to the Su- preme Court within the period set by law and in the manner prescribed by Clause VIII. In case of a violation of the guarantees of Arti- cles 16, 19 and 20, recourse shall be had through the appellate court of the court committing the. breach or to the corresponding District Court. An appeal against the decision of any of these courts may be taken to the Supreme Court. If the district judge shall not reside in the same locality as the official guilty of the violation, the judge before whom the petition of ' ' amparo ' ' shall be submitted shall be determined by law; this judge shall be authorized to suspend temporarily the execution of the act protested, in accordance with the terms established by law. X. Any official failing to suspend the execution of the act protested, when in duty bound to do so, or when he admits an insufficient or improper bond, shall be turned over to the proper authori- ties ; the civil and penal liability of the official shall in these cases be a joint liability with the person offering the bond and his surety. XL If after the granting of an '' amparo," the guilty official shall persist in the act or acts against which the petition of ' ' amparo ' ' was filed, or shall seek to render of no effect the judgment of the Federal authority, he shall be forthwith 236 APPENDIX B removed from office and turned over for trial to the corresponding district court. XII. Wardens and jailers who fail to receive a duly certified copy of the formal order of com- mitment within the seventy-two hours granted by Article 19, reckoned from the time the accused is placed at the disposal of the court, shall bring this fact to the attention of the court, immediately upon expiration of this period ; and if the proper order be not received within the next three hours the accused shall be set at liberty. Any official who shall violate this provision and the article referred to in the foregoing paragraph shall be immediately turned over to the proper authorities. Any official or agent thereof who, after an arrest has been made, shall fail to place the accused at the disposition of the court within the next twenty-four hours shall himself be turned over to the proper authority. If the detention be effected outside the locality in which the court is situated, there shall be added to the period mentioned in the preceding sentence the time necessary to travel from the said locality to that where the detention took place. Title IV Of the Responsibility of Officials Art. 108. Senators and Eepresentatives of Congress, Justices of the Supreme Court, Secre- taries of Executive Departments and the Attorney APPENDIX B General of the Republic shall be liable for all com- mon offenses committed during their term of office, as well as for all official offenses or acts of com- mission or omission in which they may incur in the discharge of their duties. Governors of States and members of State Legislatures shall be liable for violation of the Constitution and the Federal Laws. The President of the Republic may only be im- peached during his term of office for high treason and common offenses of a serious character. Art. 109. If the offense belongs to the common order the House of Representatives, acting as a grand jury, shall determine by a majority vote of its total membership whether there is or is not any ground for proceeding against the accused. If the finding be favorable to the accused, no further action shall be taken; but such finding shall not be a bar to the prosecution of the charge so soon as the constitutional privilege shall cease, since the finding of the House does not in any way determine the merits of the charge. If the finding be adverse, the accused shall ipso facto be removed from office and be placed at the disposition of the ordinary courts of justice, ex- cept in the case of the President of the Republic, who may only be impeached before the Senate, as in the case of an official offense. Art. 110. No constitutional privilege shall be extended to any high Federal functionary when 238 APPENDIX B tried for official offenses, misdemeanors, or omis- sions committed by him in the discharge of any public function or commission, during the time in which, according to law, the privilege is enjoyed. This provision shall be applicable to cases of com- mon offenses committed under the same circum- stances. In order that the proceedings may be instituted when the functionary returns to the exercise of his own functions, the rules set forth in Article 104 of the Constitution shall be observed. Art. 111. The Senate acting as a grand jury shall try all cases of impeachment : but it may not institute such proceedings without a previous ac- cusation brought by the House of Eepresentatives. If the Senate should, after hearing the accused and conducting such proceedings as it may deem advisable, determine by a majority vote of two- thirds of its total membership that the accused is guilty, the latter shall be forthwith removed from office by virtue of such decision, or be dis- qualified from holding any other office for such time as the law may determine. Wlien the same offense is punishable with an additional penalty, the accused shall be placed at the disposition of the regular authorities who shall judge and sentence him in accordance with the law. In all cases embraced by this article and in those included by the preceding both the decisions of APPENDIX B 239 the Grand Jury and the findings of the House of Kepresentatives shall be final. Any person shall have the right to denounce be- fore the House of Eepresentatives offenses of a common order or of an official character committed by high Federal functionaries ; and whenever the said House of Representatives shall determine that there exist good grounds for impeachment proceedings before the Senate, it shall name a committee from among its own members to sus- tain the charges brought. The Congress shall as soon as possible enact a law as to the responsibility of all Federal officials and employees which shall fix as official offenses all acts, of commission or omission, which may prejudice the public interest and efficient adminis- tration, even though such acts may not heretofore have been considered offenses. These officials shall be tried by a jury in the same manner as provided for trials by jury in Article 20. Art. 112. No pardon shall be granted the offender in cases of impeachment. Art. 113. The responsibility for official breaches and offenses may only be enforced during such time as the functionary shall remain in office and for one year thereafter. Art. 114. In civil cases no privilege or immu- nity in favor of any public functionary shall be recognized. 240 APPENDIX B Title V Of the States of the Federation Art. 115. The States shall adopt for their in- ternal government the popular, representative, republican form of government; they shall have as the basis of their territorial division and politi- cal and administrative organization the free mu- nicipality, in accordance with the following pro- visions : I. Each municipality shall be administered by a town council chosen by direct vote of the people, and no authority shall intervene between the mu- nicipality and the State Government. II. The municipalities shall freely administer their own revenues which shall be derived from the taxes fixed by the State Legislatures which shall at all times be sufficient to meet their needs. III. The municipalities shall be regarded as enjoying corporate existence for all legal pur- poses. The Federal Executive and the State Governors shall have command over all public forces of the municipalities wherein they may permanently or temporarily reside. Constitutional State Governors shall not be re- elected, nor shall their term of office exceed four years. The prohibitions of Article 83 are applicable to substitute or ad interim governors. APPENDIX B 241 The number of Eepresentatives in the State Legislatures shall be in proportion to the inhabi- tants of each State, but in no case shall the number of representatives in any State Legislature be less than fifteen. Each electoral district of the States shall choose a Representative and an alternate to the State Legislature. Every State Governor shall be a Mexican citizen by birth and a native thereof, or resident therein not less than five years 'immediately prior to the day of election. Art. 116. The States shall have the power to fix among themselves, by friendly agreements, their respective boundaries ; but these agreements shall not be carried into effect without the ap- proval of the Congress. Art. 117. No State shall— L Enter into alliances, treaties or coalitions with another State or with foreign powers. II. Grant letters of marque or reprisal. III. Coin money, issue paper money, stamps or stamped paper. IV. Levy taxes on persons or property passing through its territory. V. Prohibit or tax, directly or indirectly, the entry into its territory, or the withdrawal there- from, of any merchandise, foreign or domestic. VI. Burden the circulation or consumption of APPENDIX B domestic or foreign merchaiidise with taxes or duties to be collected by local custom houses or subject to inspection the said merchandise or re- quire it to be accompanied by documents. VII. Enact or maintain in force laws or fiscal i:'egulations discriminating, by taxation or other- wise, between merchandise, foreign or domestic, on account of its origin, whether this discrimina- tion be established with regard to similar local products or to similar products of foreign origin. Art. 118. No State shall, without the consent of the Congress : I. Estabhsh tonnage dues or other port charges, or impose taxes or other duties upon im- ports or exports. II. Keep at any time permanent troops or ves- sels of war. Art. 119. Every State shall be bound to deliver without delay to the demanding authorities the fugitives from justice from other States or from foreign nations. In such cases the writ of the court granting the extradition shall operate as a sufficient warrant for the detention of the accused for one month, in the case of extradition from one State to another, and for two months in the case of inter- national extradition. Art. 120. The State Governors are bound to publish and enforce the Federal laws. APPENDIX B 243 Art. 121. Full faith and credit shall be given in each State of the Federation to the public acts, records and judicial proceedings of all the other States. The Congress shall by general laws pre- scribe the manner of proving the said acts, records and proceedings and the effect thereof. I. The laws of a State shall only be binding within its own confines, and shall therefore have no extra-territorial force. II. Movable and immovable property shall be governed by the lex sitae. III. Judgments of a State court as to property and property rights situated in another State shall only be binding when expressly so provided by the law of the latter State. Judgments relating to personal rights shall only be binding in another State provided the person shall have expressly, or impliedly by reason of domicile, submitted to the jurisdiction of the court rendering such judgment, and provided further that personal service shall have been secured. IV. All acts of civil status performed in ac- cordance with the laws of one State shall be bind- ing in all other States. V. All professional licenses issued by the au- thorities of one State in accordance with its laws shall be valid in all other States. Art. 122. The Powers of the Union are bound to protect the States against all invasion or exter- nal violence. In case of insurrection or internal 244 APPENDIX B disturbance they shall give them the same protec- tion, provided the Legislature of the State, or the Executive thereof if the Legislature is not in ses- sion, shall so request. Title VI Of Labor and Social Welfare Art. 123. The Congress and the State Legisla- tures shall make laws relative to labor with due regard for the needs of each region of the Repub- lic, and in conformity with the following prin- ciples, and these principles and laws shall govern the labor of skilled and unskilled workmen, em- ployees, domestic servants and artisans, and in general every contract of labor. I. Eight hours shall be the maximum limit of a day's work. II. The maximum limit of night work shall be seven hours. Unhealthy and dangerous occupa- tions are forbidden to all women and to children under sixteen years of age. Night work in fac- tories is likewise forbidden to women and to children under sixteen years of age ; nor shall they be employed in commercial establishments after ten o 'clock at night. III. The maximum limit of a day's work for children over twelve and under sixteen years of age shall be six hours. The work of children under twelve years of age shall not be made the subject of a contract. APPENDIX B 245 IV. Every workman shall enjoy at least one day's rest for every six days' work. V. Women shall not perform any physical work requiring considerable physical effort during the three months immediately preceding parturi- tion ; during the month following parturition they shall necessarily enjoy a period of rest and shall receive their salaries or wages in full and retain their employment and the rights they may have acquired under their contracts. During the period of lactation they shall enjoy two extraordinary daily periods of rest of one-half hour each, in order to nurse their children. VI. The minimum wage to be received by a workman shall be that considered sufficient, ac- cording to the conditions prevailing in the respec- tive region of the country, to satisfy the normal needs of the life of the workman, his education and his lawful pleasures, considering him as the head of a family. In all agricultural, conamercial, manufacturing or mining enterprises the workmen shall have the right to participate in the profits in the manner fixed in Clause IX of this article. VII. The same compensation shall be paid for the same work, without regard to sex or nation- ality. VIII. The minimum wage shall be exempt from attachment, set-off or discount. IX. The determination of the minimum wage and of the rate of profit-sharing described in Clause VI shall be made by special commissions to ^46 APPENDIX B be appointed in each municipality and to be subor-. dinated to the Central Board of Conciliation to be established in each State. X. All wages shall be paid in legal cnrrency and shall not be paid in merchandise, orders, counters or any other representative token with which it is sought to substitute money. XI. When owing to special circumstances it becomes necessary to increase the working hours, there shall be paid as wages for the overtime one hundred per cent more than those fixed for reg- ular time. In no case shall the overtime exceed three hours nor continue for more than three consecutive days ; and no women of whatever age nor boys under sixteen years of age may engage in overtime work. XII. In every agricultural, industrial, mining or other class of work employers are bound to furnish their workmen comfortable and sanitary dwelling-places, for which they may charge rents not exceeding one-half of one per cent per month of the assessed value of the properties. (See Art. 27, Clause VII, second paragraph.) They shall likewise establish schools, dispensaries and other services necessary to the community. If the fac- tories are located within inhabited places and more than one hundred persons are employed therein, the first of the above-mentioned conditions shall be complied with. XIII. Furthermore, there shall be set aside in these labor centers, whenever their population APPENDIX B 247 exceeds two hundred inhabitants, a space of land not less than five thousand square meters for the establishment of public markets, and the construc- tion of buildings designed for municipal services and places of amusement. No saloons nor gam- bling houses shall be permitted in such labor centers. XIV. Employers shall be liable for labor ac- cidents and occupational diseases arising from work; therefore, employers shall pay the proper indemnity, according to whether death or merely temporary or permanent disability has ensued, in accordance with the provisions of law. This liability shall remain in force even though the employer contract for the work through an agent. XV. Employers shall be bound to observe in the installation of their establishments all the pro- visions of law regarding hygiene and sanitation and to adopt adequate measures to prevent acci- dents due to the use of machinery, tools and work- ing materials, as well as to organize work in such a manner as to assure the greatest guarantees possible for the health and lives of workmen com- patible with the nature of the work, under penal- ties which the law shall determine. XVI. Workmen and employers shall have the right to unite for the defense of their respective interests, by forming syndicates, unions, etc. XVII. The law shall recognize the right of workmen and employers to strike and to lockout. XVIII. Strikes shall be lawful when by the 248 APPENDIX B employment of peaceful means they shall aim to bring about a balance between the various factors of production, and to harmonize the rights of capital and labor. In the case of public services, the workmen shall be obliged to give notice ten days in advance to the Board of Conciliation and Arbitration of the date set for the suspension of work. Strikes shall only be considered unlawful when the majority of the strikers shall resort to acts of violence against persons or property, or in case of war when the strikers belong to establish- ments and services dependent on the government. Employees of military manufacturing establish- ments of the Federal Government shall not be in- cluded in the provisions of this clause, inasmuch as they are a dependency of the national army. XIX. Lockouts shall only be lawful when the excess of production shall render it necessary to shut down in order to maintain prices reasonably above the cost of production, subject to the ap- proval of the Board of Conciliation and Arbitra- tion. XX. Differences or disputes between capital and labor shall be submitted for settlement to a board of conciliation and arbitration to consist of an equal number of representatives of the work- men and of the employers and of one representa- tive of the Government. XXI. If the employer shall refuse to submit his differences to arbitration or to accept the award rendered by the Board, the labor contract APPENDIX B 249 shall be considered as terminated, and the em- ployer shall be bound to indemnify the workman by the payment to him of three months ' wages, in addition to the liability which he may have in- curred by reason of the dispute. If the workman reject the award, the contract will be held to have terminated. XXII. An employer who discharges a work- man without proper cause or for having joined a union or syndicate or for having taken part in a lawful strike shall be bound, at the option of the workman, either to perform the contract or to indemnify him by the payment of three months' wages. He shall incur the same liability if the workman shall leave his service on account of the lack of good faith on the part of the employer or of maltreatment either as to his own person or that of his wife, parents, children or brothers or sisters. The employer cannot evade this liability when the maltreatment is inflicted by subordinates or agents acting with his consent or knowledge. XXIII. Claims of worlnnen for salaries or wages accrued during the past year and other in- demnity claims shall be preferred over any other claims, in cases of bankruptcy or composition. XXIV. Debts contracted by workmen in favor of their employers or their employers ' associates, subordinates or agents, may only be charged against the workmen themselves and in no case and for no reason collected from the members of his family. Nor shall such debts be paid by the 250 APPENDIX B taking of more than the entire wages of the work- man for any one month. XXV. No fee shall be charged for finding work for workmen by municipal offices, employment bureaus or other public or private agencies. XXVI. Every contract of labor between a Mexican citizen and a foreign principal shall be legalized before the competent municipal author- ity and viseed by the consul of the nation to which the workman is undertaking to go, on the under- standing that, in addition to the usual clauses, special and clear provisions shall be inserted for the payment by the foreign principal making the contract of the cost to the laborer of repatriation. XXVII. The following stipulations shall be null and void and shall not bind the contracting parties, even though embodied in the contract : (a) Stipulations providing for inhuman day's work on account of its notorious excessiveness, in view of the nature of the work. (b) Stipulations providing for a wage rate which in the judgment of the Board of Concilia- tion and Arbitration is not remunerative. (c) Stipulations providing for a term of more than one week before the payment of wages. (d) Stipulations providing for the assigning of places of amusement, eating places, cafes, tav- erns, saloons or shops for the payment of wages, when employees of such establishments are not involved. (e) Stipulations involving a direct or indirect APPENDIX B 251 obligation to purchase articles of consumption in specified shops or places. (f) Stipulations permitting the retention of wages by way of fines. (g) Stipulations constituting a waiver on the part of the workman of the indemnities to which he may become entitled by reason of labor acci- dents or occupational diseases, damages for breach of contract, or for discharge from work. (h) All other stipulations implying the waiver of any right vested in the workman by labor laws. XXVIII. The law shall decide what property constitutes the family patrimony. These goods shall be inalienable and shall not be mortgaged, nor attached, and may be bequeathed with simpli- fied formalities in the succession proceedings. XXIX. Institutions of popular insurance* es- tablished for old age, sickness, life, unemployment, accident and others of a similar character, are considered of social utility ; the Federal and State Governments shall therefore encourage the orga- nization of institutions of this character in order to instill and inculcate popular habits of thrift. XXX. Cooperative associations for the con- struction of cheap and sanitary dwelling houses for workmen shall likewise be considered of social utility whenever these properties are designed to * In the desire to adhere as closely as possible to the original, the term "popular insurance" has been used. It would seem, however, that in making use of the expression " Seguros Popu- lares," it was intended to convey the full connotation of the term "Social Insurance." (See "Social Insurance," Seager, 1910.) 252 APPENDIX B be acquired in ownership by the workmen within specified periods. Title VII Of General Provisions Art. 124. All powers not expressly vested by this Constitution in the Federal authorities are understood to be reserved to the States. Art. 125. No person shall hold at the same time two Federal offices or one Federal and one State elective office; if elected to two, he shall choose between them. Art. 126. No payment shall be made which is not included in the Budget or authorized by a law subsequent to the same. Art. 127. The President of the Eepublic, the Justices of the Supreme Court, Representatives and Senators and other public officials of the Fed- eration who are chosen by popular election shall receive a compensation for their services, which shall be paid by the Federal Treasury and deter- mined by law. This compensation may not be waived, and any law increasing or decreasing it shall have no effect during the period for which the functionary holds office. Art. 128. Every public official, without excep- tion, shall, before entering on the discharge of his APPENDIX B 253 duties, make an afSrmation to maintain this con- stitution and the laws arising thereunder. Art. 129. In time of peace no military authori- ties shall exercise other functions than those bear- ing direct relation to military discipline. No per- manent military posts shall be established other than in castles, forts and arsenals depending di- rectly upon the Federal Government, or in camps, barracks, or depots, established outside of inhabited places for the stationing of troops. Art. 130. The Federal authorities shall have power to exercise in matters of religious worship and outward ecclesiastical forms such intervention as by law authorized. All other officials shall act as auxiliaries to the Federal authorities. The Congress shall not enact any law establish- ing or forbidding any religion whatsoever. Marriage is a civil contract. Marriage and all other acts relating to the civil status of individuals shall appertain to the exclusive jurisdiction of the civil authorities in the manner and form by law provided, and they shall have the force and valid- ity given them by said laws. A simple promise to tell the truth and to com- ply with obligations contracted shall subject the promisor, in the event of a breach, to the penalties established therefor by law. The law recognizes no juridicial personality in the religious institutions known as churches. 254 APPENDIX B Ministers of religious creeds shall be considered as persons exercising a profession, and shall be directly subject to the laws enacted on the matter. The State legislatures shall have the exclusive power of determining the maximum number of ministers of religious creeds, according to the needs of each locality. Only a Mexican by birth may be a minister of any religious creed in Mexico. No ministers of religious creeds shall, either in public or private meetings, or in acts of worship or religious propaganda, criticise the fundamental laws of the country, the authorities in particular or the Government in general ; they shall have no vote, nor be eligible to office, nor shall they be entitled to assemble for political purposes. Before dedicating new temples of worship fo*- public use, permission shall be obtained from the Department of the Interior (Gobernacion) ; th^ opinion of the Governor of the respective State shall be previously heard on the subject. Every place of worship shall have a person charged with its care and maintenance, who shall be legally responsible for the faithful performance of the laws on religious observances within the said place of worship, and for all the objects used for pur- poses of worship. The caretaker of each place of public worship, together with ten citizens of the place, shall promptly advise the municipal authorities as to the person charged with the care of the said place of worship. The outgoing minister shall in every APPENDIX B 255 instance give notice of any change, for which pur- pose he shall be accompanied by the incoming minister and ten other citizens of the place. The municipal authorities, under penalty of dismissal and fine, not exceeding 1,000 pesos for each breach, shall be responsible for the exact performance of this provision; they shall keep a register of the places of worship and another of the caretakers thereof, subject to the same penalty as above pro- vided. The municipal authorities shall likewise give notice to the Department of the Interior through the State Governor, of any permission to open to the public use a new place of worship,, as well as of any change in the caretakers. Gifts of personalty may be received in the interior of places of public worship. Under no conditions shall studies carried on in institutions devoted to the professional training of ministers of religious creeds be given credit or granted any other dispensation of privilege which shall have for its purpose the accrediting of the said studies in official institutions. Any authority violating this provision shall be punished crimi- nally, and all such dispensation of privilege be null and void, and shall invalidate wholly and entirely the professional degree toward the obtaining of which the infraction of this provision may in any way have contributed. '' No periodical publication which either by reason of its program, its title or merely by its gen- eral tendencies, is of a religious character, shall 256 APPENDIX B comment upon any political affairs of the nation, nor publish any information regarding the acts of the authorities of the country or of private in- dividuals, in so far as the latter have to do with public affairs. Every kind of political association whose name shall bear any word or any indication relating to any religious belief is hereby strictly forbidden. No assemblies of any political character shall be held within places of public worship. No minister of any religious creed may inherit, either on his own behalf or by means of a trustee or otherwise, any real property occupied by any association of religious propaganda or religious or charitable purposes. Ministers of religious creeds are incapable legally of inheriting by will from ministers of the same religious creed or from any private individual to whom they are not re- lated by blood within the fourth degree. All real and personal property pertaining to the clergy or to religious institutions shall be gov- erned, in so far as their acquisition by private parties is concerned, in conformity with Article 27 of this Constitution. No trial by jury shall ever be granted for the infraction of any of the preceding provisions. Art. 131. The Federal Government shall have exclusive power to levy duties on merchandise imported, exported or passing in transit through the national territory, as well as to regulate at APPENDIX B 25T all times, and if necessary to forbid for the sake of public safety or for police reasons, the circula- tion in the interior of the Republic of all kinds of goods, regardless of their origin ; but the Federal Government shall have no power to establish or decree in the Federal District and Territories the taxes and laws to which Clauses VI and VII of Article 117 refer. Art. 132. All forts, barracks, warehouses, and other real property, destined by the Federal Gov- ernment for public service or common use, shall be under the jurisdiction of the Federal authori- ties, in accordance with the law which the Con- gress shall issue on the subject; any of these establishments which may subsequently be ac- quired within the territory of any State shall like- wise be subject to Federal jurisdiction, provided consent thereto shall have been obtained from the respective State legislature. Art. 133. This Constitution and the laws of the United States of Mexico which shall be made in pursuance hereof and all treaties made or which shall be made under the authority of the President of the Republic, with the approval of the Congress, shall be the supreme law of the land. And the judges in every State shall be bound by this Con- stitution and by these laws and treaties, anything in the Constitution or laws of any State to the contrary notwithstanding. ^58 APPENDIX B Art. 134. Bids shall be called for on all con- tracts wMch the Government may have occasion to enter into for the execution of any public works ; these bids shall be submitted under seal and shall only be opened publicly. Title VIII Of the Amendments to the Constitution Art. 135. The present Constitution may be added to or amended. No amendment or addi- tion shaU become part of the Constitution until agreed to by the Congress of the Union by a two-thirds vote of the members present and ap- proved by a majority of the State legislatures. The Congress shall count the votes of the legis- latures and make the declaration that the amend- ments or additions have been adopted. Title IX Of the Inviolability of the Constitution Art. 136. This Constitution shall not lose its force and vigor, even though its observance be interrupted by rebellion. In case that through any public disturbance a Government contrary to the principles which it sanctions be established, its force shall be restored so soon as the people shall regain their liberty, and those who have par- ticipated in the Government emanating from the APPENDIX B 259 rebellion or have cooperated with it shall be tried in accordance with its provisions and with the laws arising under it. TKANSITOEY AETICIiES Article 1. This Constitution shall be published at once and a solemn affirmation made to defend and enforce it throughout the Republic; but its provisions, except those relating to the election of the supreme powers, Federal and State, shall not go into effect until the first day of May, 1917, at which time the Constitutional Congress shall be solemnly convened and the oath of office taken by the citizen chosen at the forthcoming elections to discharge the duties of President of the Repub- lic. The provisions of Clause V of Article 82 shall not be applicable in the elections to be called in [accordance with Article 2 of the Transitory Arti- icles, nor shall active service in the army act as a disqualification for the office of representative or benator, provided the candidate shall not have active command of troops in the respective elec- toral district. Nor shall the secretaries nor assistant secre- taries of executive departments be disqualified from election to the next Federal Congress, pro- vided they shall definitively resign from office on or before the day on which the respective call is issued. 260 APPENDIX B Art. 2. The person charged with the executive power of the Nation shall immediately, upon the publication of this Constitution, call for elections to fill the Federal offices; he shall see that these elections be held so that Congress may be consti- tuted within a reasonable time, in order that it may count the votes cast in the presidential elec- tions and make known the name of the person who has been elected President of the Republic; this shall be done in order that the provisions of the foregoing article may be complied with. Art. 3. The next constitutional term shall be computed, in the case of Senators and Representa- tives, from the first of September last, and in the case of the President of the Republic, from the first of December, 1916. Art. 4. Senators who in the coming election shall be classified as ''even" shall serve only two years, in order that the Senate may be renewed by half every two years. Art. 5. The Congress shall in the month of May next choose the Justices of the Supreme Court in order that this tribunal may be consti- tuted on the first day of June, 1917. In these elections, Article 96 shall not govern in so far as the candidates proposed by the State Legislatures are concerned ; but those chosen shall be designated for the first term of two years pre- scribed by Article 94. Art. 6. The Congress shall meet in extraordi- nary session on the fifteenth day of April, 1917, APPENDIX B 261 to act as an electoral college, for the computing of the ballots and the determination of the election of President of the Republic, at which time it shall make known the results; it shall likewise enact the organic law of the Circuit and District Courts, the organic law of the Tribunals of the Federal District and Territories, in order that the Supreme Court of Justice may immediately appoint the In- ferior and Superior District and Circuit Judges; at the same session the Congress shall choose the Superior Judges and Judges of First Instance of the Federal District and Territories, and shall also enact all laws submitted by the Executive. The Circuit and District Judges and the Superior and Inferior Judges of the Federal District and Territories shall take office not later than the first day of July, 1917, at which time such as shall have been temporarily appointed by the person now charged with the executive power of the nation shall cease to act. Art. 7. For this occasion only, the votes for the office of Senator shall be counted by the Board of the First Electoral District of each State or of the Federal District which shall be instituted for the counting of the votes of Representatives. This Board shall issue the respective credentials to the Senators-elect. Art. 8. The Supreme Court shall decide all pending petitions of *'amparo," in accordance with the laws at present in force. Art. 9. The First Chief of the Constitutionalist 262 APPENDIX B Army, charged with the executive power of the Nation, is hereby authorized to issue the electoral law according to which, on this occasion, the elec- tions to fill the various Federal offices shall he held. Art. 10. All persons who shall have taken part m the Government emanating from the rebellion against the legitimate government of the Eepublic, or who may have given aid to the said rebellion and later taken up arms or held any office or com- mission of the factions which have opposed the constitutionalist government, shall be tried in ac- cordance with the laws at present in force, unless they shall have been previously pardoned by the said constitutionalist government. Art. 11. Until such time as the Congress of the Union and the State Legislatures shall legislate on the agrarian and labor problems, the bases established by this Constitution for the said laws shall be put into force throughout the Republic. Art. 12. All Mexicans who shall have fought in the ranks of the constitutionalist army and their children and ^dows and all other persons who shall have rendered service to the cause of the revolution, or to public instruction, shall be pre- ferred in the acquisition of lots to which Article 27 refers, and shall be entitled to such rebates as the law shall determine. Art. 13. All debts contracted by working men on account of work up to the date of this Consti- tution with masters, their subordinates and agents. APPENDIX B 263 are hereby declared wholly and entirely dis- charged. Art. 14. The Departments of Justice and of Public Instruction and Fine Arts are hereby abol- ished. Art. 15. The citizen at present charged with the executive power is hereby authorized to issue the law of civil responsibility applicable to all promoters, accomplices and abettors of the offenses committed against the constitutional order in the month of February, 1913, and against the Constitutionalist Government. Art. 16. The Constitutional Congress in the regular period of sessions, to begin on the first day of September of the present year, shall issue all the organic laws of the Constitution which may not have been already issued in the extraordinary session to which Transitory Article number 6 refers; and it shall give preference to the laws relating to personal guarantees and to Articles 30, 32, 33, 35, 36, 38, 107 and the latter part of Article 111 of this Constitution. Signed at Queretaro de Arteaga, January 31, 1917. APPENDIX C A STATEMENT KEGARDING THE MEXICAN RAILWAYS The Mexican News Bureau in Washington re- cently sent to the newspapers of the United States propaganda notes attempting to disprove state- ments made in articles of mine which appeared in the Saturday Evening Post. Copies of these ''News Notes" follow: NEWS NOTES PROM MEXICAN NEWS BUREAU, 613 RIGGS BLDG., WASHINGTON, D. C, THURSDAY, OCTOBER 11, 1917 Railroad Repairs and Recognition Those who are acquainted with the condition in Mexico and who have followed the steady march of events in that country during the past six or seven years, have been surprised at some recent statements appearing in the Saturday Evening Post of October 6, by Carl W. Ackerman, regard- ing that country. One is to the effect that : ' ' For seven years practically no repairs have been made on any of the railway lines — either those owned by the Government or those owned abroad and operated by the authorities," 264 APPENDIX C 265 As a matter of fact, nothing could be further from the truth than this assertion. Repairs to all the lines in the Eepublic have been prosecuted diligently and zealously even during the worst periods of the revolution, and it has been unani- mously conceded by foreigners who have travelled over the various lines, government as well as pri- vate ones, that their condition compares most favourably with lines in the United States — is, indeed, well up to the standard in such matters. Bridges have been rebuilt, tracks relaid and re- ballasted, and except for the presence of an occa- sional pile of bent and twisted rails or of iron work from burned cars by the side of the track, one might well believe he were travelling over one of the best roads in the United States. It is true, many stations were burned during the troubles, but as a rule these were of the poorer class. The fine edifices at Ciudad Juarez, Chihuahua, Hermo- sillo, Saltillo, San Luis Potosi, Queretaro, Guada- lajara, Colima, Vera Cruz, Orizaba, Cordoba, Puebla, one (a stone structure) at Monterey, those in Mexico City, as well as many others, in fact all the best ones in the Republic, were not injured in the least. Most of those that were damaged have been repaired and constant work in this di- rection is being prosecuted. All these facts are well known to travellers in the Republic and should have been known to the Post's correspon- dent, as they are apparent to all. So, too, with the rolling stock. The various rail- me APPENDIX C road repair shops in all portions of the Republic have been busy for over two years in repairing engines, freight and passenger cars, and the amount of work thus accomplished has been re- markable considering the conditions. The iron work of hundreds if not thousands of cars has been utilised in the construction of new ones and the process is going steadily forward. Loco- motives that had been wrecked or temporarily disabled have been put in commission by the score, and the repair shops at all the railway centres are kept fully occupied with the work, as they have been continuously since the restoration of peace and as rapidly as the lines were again controlled by the Government. The foregoing are well }?:nown facts easily sus- ceptible of demonstration by personal observation, yet the Post correspondent has apparently pre- ferred to repeat the allegations of antagonists of the Government rather than seek proof himself at first hand. AS TO RECOGNITION Fully as surprising is the statement that the United States and the Allies have not recognised the present government of Mexico as a de jure one, and ''that their ambassadors and ministers are not at this writing (some time in September from all appearances) accredited to the de jure gov- ernment. The Government of Mexico was recognised by ff" THE RUINED RAILWAY DEPOT AND FREIGHT CARS AT MONTEREY. GENERAL VILLA's OFFERING UPON HIS RETREAT FROM THE CITY A TYPICAL MEXICAN RAILWAY .TRAIN — FREIGHT, PASSENGER AND ARMED GUARD COMBINED APPENDIX C 267 the United States Government as a de jure govern- ment in March last and has since that date been so regarded. NEWS NOTES FEOM MEXICAN NEWS BUREAU, 613 RIGGS BLDG., WASHINGTON, THURSDAY, OCTOBER 25, 1917 Some Facts About Mexican Railways Rolling Stock of All Kinds Now Equal to Pre- Eevolution Days — Official Statements on the Subject. An interesting light is thrown upon statements recently made in the Saturday Evening Post and also in the Mining and Scientific Press of San Francisco concerning the condition of the rail- ways in Mexico, which are far from the truth as will be shown. Great stress is laid by both pub- lications upon the alleged wholesale destruction of engines and cars during the Revolution and upon what is claimed to be a present shortage of roll- ing stock. The last annual report of the National Railways of Mexico, made in 1916, shows the following facts : In 1913 before there had been any destruction of consequence there were 435 passenger coaches of broad gauge and 118 of narrow gauge. In 1916 there were 414 broad gauge and 101 narrow gauge — or a loss of but 21 and 17 respectively. 268 APPENDIX C In 1913 there were 16,661 freight cars of broad gauge and 1,831 of narrow gauge. In 1916 there were 13,222 of broad gauge and 1,396 of narrow gauge — a loss of 3,439 of the one and 434 of the other. In 1913 there were 635 broad gauge locomotives and 94 narrow gauge. In 1916 there were 596 of the broad gauge and 83 of the narrow — a loss of 83 and 11 respectively. Since the date of this report large additions have been made to the rolling stock of all kinds, by repair, construction and purchase. Further ad- ditions are constantly being made. General Agent De Hoyos, who represents the Constitutionalist railways in New York, is respon- sible for the statement that within the last six months there have been purchased 600 freight cars, 80 passenger cars and sixty locomotives. Three thousand cars are now under repair in the company's own shops, which when completed will bring the equipment practically to the same point as in 1913 — ^in fact, it is larger so far as regards locomotives and passenger coaches, and but a trifle less in regard to freight cars. In replying to these charges one must consider the fundamental inaccuracy contained therein, that is, that many of the railway lines which the pres- ent government are operating do not belong to the government at all. The Constitutionalist gov- APPENDIX C 269 ernment ''intervened," or confiscated this prop- erty and has been operating it for several years without paying the owners and investors one cent of dividend. This is very much like the situation in Mexico City with regard to the Street Railways. Until this summer they were operated as confis- cated property by the government, contrary to all principles of international law. So when the Mexican News Notes speaks about the ''wonder- ful" progress which the government is making it is necessary for the reader to remember that some of these railroad lines belong to private individuals, not to the Mexican Government. With regard to the statement about work which has been done on the railroads I may say that President Carranza last summer authorised an American railroad expert, a personal friend of his, to travel throughout the country and investigate the railroad situation. In a confidential report this official said that there were 4,000 destroyed freight cars throughout the Republic and that be- cause of a shortage of materials repairs could not be made until the materials were imported from the United States. In the Monterey railroad yards there are 400 skeletons of freight cars destroyed during the revolution and not one of them has been touched. During my stay in Mexico I travelled from Laredo, Texas, to Mexico City ; from Mexico City to Monterey and from Monterey to Tampico by railroad. During the first day's trip our train was 270 APPENDIX C held up five hours because of a destroyed bridge which was put together so poorly that four weeks later when I returned this way the engineer had to stop the train to test the bridge before pulling the passenger train across. Railroad traffic between Vera Cruz and Mexico City is so poor that when I was ready to leave the capital for Vera Cruz a member of Mr. Car- ranza's cabinet told me to go north to Tampico because the line to Vera Cruz was not ''safe." The railway line between Tampico and Mexico City is not running because the bandits have destroyed some sections and because the Mexican Government cannot protect the trains. The only repair work which is going on, so I was informed by American officials and other busi- ness men in the Republic, is that under the direc- tion of foreign corporations. In Monterey the Manager of the large Five Million Dollar Steel mills told me that he had to rebuild all locomotives and freight cars which his corporation used because the Mexican Government was not in a position to do so. He showed me about twelve freight cars in his shops which were being repaired and explained that under his con- tract with the government he had exclusive use of these cars for two years. I saw in his repair shops not less than five locomotives which his workmen were repairing. He stated that he had not only to rebuild the rolling stock but had to supply engi- neers, firemen and brakemen to operate the trains. APPENDIX C' 271 The American Smelting and Refining Company owns and operates all tlie trains it uses in Mexico for hauling ores and metals. It had to do this be- cause the Mexican Government was not in a posi- tion to furnish it with the necessary rolling stock to take care of its shipping. In Tampico the for- eign oil companies are using their own oil cars to ship their product in Mexico, and because of the bad condition of the Mexican railways, because of the delays, etc., the companies are now considering the construction of an automobile road from Tam- pico to the Texas border, or the laying of a pipe line. Reports made to the American Consular Office at Monterey show that shipments are being held up not days but weeks and months because of a lack of rolling stock. If the Mexican railways are 'indeed well up to the standard (of the United States) in such mat- ters" it would be interesting to know why the Pullman company will not permit any of its cars to cross the Rio Grande. It would be interesting, too, to know why none of the American railway companies will permit either passenger or freight cars to go into Mexico. When the revolutions be- gan the Pullman company withdrew practically every car from the Mexican service. A few were "caught" in remote sections of the country and these are now being used as private cars by Mex- ican officials. If conditions in the United States and Mexico APPENDIX C with regard to the railways are so similar one might ask the editor of the Mexican News Notes why it is that in Mexico federal troops are sent as escorts on all railway lines to protect the pas- sengers and the property? If conditions are so normal why did the government send a special troop train to escort Ambassador Fletcher to the capital and why did this special train, with a heavy guard, run only during the day? Why, too, are most of the trains running between Mexico City and Laredo detained at night within some railway station? APPENDIX D THE PEOPOSED AMEKICAN CHAMBEE OF COMMEECE When I was in Mexico City the American busi- ness men were discussing the advisability of or- ganising a Chamber of Commerce. In the Chapter on **The Last Spy Offensive" I mentioned what a contrast there was between the German intrigue in Mexico and the American business methods. I am adding the official statement of the American committee so that the reader may see what the full plans of the Americans are. In so doing I wish to add that contrary to the oft repeated charges in the United States that all Americans _and foreigners in Mexico were exploiting the peo- ple I found that those Americans in Mexico to-day are the same high type men who are a credit to the United States business world. I met during my stay in Mexico only one pessimistic American merchant who lamented the disappearance of the ''good old days" when President Diaz permitted the foreigners to do about as they pleased. He, the Pessimist, advocated intervention in order that these ''good days" might return, forgetting perhaps that if the United States ever intervened in Mexico the methods would not be German. 273 274 APPENDIX D The American folder runs as follows : PROJECT FOR AN AMERICAN CHAMBER OF COMMERCE OF MEXICO A committee has decided to submit to American residents and American firms established or inter- ested in Mexico a proposal for the formation of an American Chamber of Commerce in Mexico City. It is proposed to establish a purely commercial and non-political organisation which will foment the friendly trade relations between Mexico and the United States, and which, in co-operation with the representatives of the United States in Mex- ico, will be able to initiate as active a campaign for American trade as is now being carried on by organisations of other countries for their own interests. To establish a nucleus upon which all American interests may centre and present a united front not only toward internal problems of trade, but also, through intercourse with chambers of com- merce in the United States, toward the attitude of a great body of American manufacturers who, by reason of misinformation and by inaction, are im- periling their hold on a market which under all economic laws should be inalienably theirs. To form a clearing house wherein business of- fered to firms outside of their particular line may APPENDIX D 275 be promptly brought to the attention of such firms as are equipped to handle the same. To establish headquarters in Mexico City for local organisation and for affiliation with cham- bers in the United States and with American chambers in the cities of Latin America and Europe. To offer membership to American firms and American residents in the Republic of Mexico and in the United States. To secure correspondents throughout Mexico and especially in localities that do not afford the services and co-operation of American consular officers. To compile information thus gathered and to distribute or utilise it for the benefit of members and for promotion of American trade and indus- try; applying such information to inquiries from the United States and helping non-residents to discriminate between desirable and undesirable enterprises. To publish a periodical bulletin and market re- porter, carrying paid advertisements, and ulti- mately to establish and let space for exhibits both of American manufactures, and of the products of Mexico. To take up such other activities as the members may determine. With these objects in view Americans are in- vited to join in organising an American Chamber of Commerce of Mexico. The State Department at Washington, on being 276 APPENDIX D informed of the plan to establish a chamber of commerce here, has authorised its consuls through- out Mexico to co-operate and to assist the chamber under the supervision of its consuls general. Proposed Plan of Organisation (Subject to Change hy the Subscribing Members) Directors and Officers A board of fifteen directors to be elected by the members of the chamber and to have general charge of its affairs. Of these, five to be elected for one year, five for two years and five for three years. The officers of the chamber shall be selected by the board and shall consist of a president, two vice-presidents, treasurer and secretary. All ex- cept the secretary must be members of the board. Honourary president and vice-presidents may also be chosen by the board. An executive committee shall be designated by the board from its number. The board shall deter- mine various committees to be established, appoint the members thereof and supervise their work. Committees Committees are recommended as follows: 1. — Executive, 4. — Publicity, 2. — Membership, 5. — Constitution, 3. — Finance, 6. — Entertainment, APPENDIX D 277 7. — Trade, 10. — Transportation, 8. — Industrial, 11. — Agriculture, 9. — Mining, 12. — General Development. Some committees would be of more immediate importance than others, but time would be saved for the future by appointing the most of them at once and getting their work started. Interest among merchants, manufacturers and financiers in the United States toward Mexico, although latent now, is widespread and will become active as soon as the European war closes or the situation clears further in Mexico. Location" Suitable rooms will be secured and kept open daily, making this a common meeting place for members and visitors, with facilities for reading and writing. Space could be provided and let for foreign and native exhibits and samples. Membekship and Dues The membership, limited to Americans, to be made up of these classes : Members Entrance Fee Quarterly Dues Vote Active f Corporate 100 pesos 25 pesos 2 \ Individual 50 " 12.50 « 1 Associate Resident 25 " 6.25 " None Associate ( Corporate 50 " 12 . 50 " None Non-Resident 1 Individual 25 " 6.25 " None Active members may be either resident or non- resident. 278 APPENDIX D A resident individual or firm engaged in busi- ness that employs a capital of more than 10,000 pesos shall be classed as a corporate member in regard to entrance fee, dues and votes. A local firm or company with not more than 10,000 pesos capital may be classed as an indi- vidual active member with respect to entrance fee, dues and vote. Americans residing in the Federal District and not engaged in business may enter either as active individual members or associate resident members. Only active members shall serve on the board and on committees and be entitled to vote at meet- ings of the chamber. Representation of corporate members at formal meetings must be by Americans. Mexican corporations owned and controlled by Americans shall be considered American corpora- tions. Respectfully submitted, By the Committee H. P. Lewis K. M. Van Zandt, Jr. H. T. Oliver M. V. Stewart H. A. Basham W. L. Vail F. J. Dunkerley Ralph Smith Carl Holt Smith A. B. Mohler S. W. Rider, Chairman Consul General, G. A. Chamberlain, Advisory Member. September, 1917. APPENDIX E PBESIDENTIAL ELECTION The Mexican Review, published at Washington, printed the following statement regarding the elec- tion which was held after the adoption of the new Constitution. Herewith are given the complete returns of the Presidential election held on March 11th, can- vassed by Congress and announced as the official figures. In every instance the ballots were blank, a space being left for the voter to inscribe the name of his favourite candidate. As will be seen, several thou- sand votes were cast for others than President Carranza, Generals Gonzales and Obregon leading in this respect. Many others received smaller numbers of votes, including General Alvarado and other prominent revolutionary leaders. ._ The figures follow on page 280. i CAEEANZA OFFICIALLY DECLARED PRESIDENT After canvassing the returns of the election from the various States, the Chamber of Deputies I adopted a resolution in the following words, an- 279 280 APPENDIX E States Carranza Gonzalea Obregon Aguascalientes 7,394 28 17 Colima 4,874 27 19 Coahuila 26,841 52 219 Campeche 2,061 6 3 Chihuahua 5,883 2 57 Chiapas 14,277 3 Durango 6,816 17 202 Guanajuato 91,226 3,328 708 Guerrero 9,825 Jalisco 34,135 28 52 Mexico 52,513 1,676 620 Michoacan 33,627 1,615 120 Nuevo Le6n 33,166 8 10 Oaxaca 60,964 138 73 Puebla 57,519 1,215 193 Quer^taro 14,754 491 111 S. L. Potosi 22,638 71 51 Sinaloa 12,710 24 169 Tabasco 6,163 2 5 Hidalgo 19,949 70 32 Tlaxcala 21,724 176 53 Yucatan 25,717 12 14 Zacatecas 20,732 67 66 Vera Cruz 39,455 276 172 Sonora 20,667 6 367 Tepic 8,856 2 9 Baja California 3,056 25 Quintana Roo 345 12 2 Dietrito Federal 70,003 1,773 553 Totals 797,305 11,615 4,008 The total number of votes cast was 812,928. nouncing ofScially that in the election held on March 11th the Citizen Vennstiano Carranza re- ceived 797,305 votes, against various other candi- dates with a much inferior number of ballots. The resolution was unanimously approved. It reads as follows : The Chamber of Deputies of the Twenty- seventh Congress of the Eepublic of Mexico, con- stituted in an Electoral College and in use of the rights and faculties conferred upon them by Sec- tion I of Article 74 of the Political Constitution of the Eepublic, have decreed, after a careful ex- APPENDIX E 281 amination of the electoral computations verified on the second Sunday of March of this year : Article I — The Citizen Venustiano Carranza is declared President for the term of four years be- ginning from December of 1916 until November of 1920, in virtue of having obtained an absolute majority of votes in the election. Article II — In virtue of this, the Citizen Venus- tiano Carranza is cited to appear on May the first before the Chamber of Deputies, and with all the formalities of the law take the oath of office as President of the Eepublic. Chamber of Deputies, Mexico, April 26, 1916. Eduaedo Hay, President. Jesus Lopez Lira, Secretary. FiLOMENo Mata, Second Secretary, 3li.77 I LIBRARY OF CONGRESS 006 049 230 A