El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-05-14
THREE NATIONS INVOLVED.
Complaint Made by the Mexican Gov
eminent That the River was
0hSfructpd

dered decision of vital importance tt
three countries, the United States
England and Mexico. The decision i!
of such Importance that it may lead tt
the gravest results. Mil ions of dol
lars are involved; the right OF this
| government to criminally prosecute
citizens of 70 eign country acting
under the authority of a former cabi
ret officer VIII be tested; the right Of
the interior department to usurp the
functions of the war departm ent will be
thoroughly investigated, and the mys-
! FERROUS silence of a British corporation
working on an international river will
| be fully explained.
The decision rendered by the attor-
ney-general directs that certain pro-
perty of an English corporation be con-
tiscated and that criminal as well as
civil prosecutions be commenced at
once against the members of that body.
The decision is of especial Importance
because the corporation has been act
ing under authority granted by Hoke
Smith while he was secretary OF the
interior, and, having this authority,
the English corporation will have
grounds on which to ask the protection
of the English government. The deci-
sion was made at the instance of the
state department., which has been call
ed upon by the Mexican government
to explain why the Rio Grande, ma
vigable river, was being DISTRACTED by
the building of an immense dam An in
quiry by the state department led to
the discovery that all the work had
been done without any authority from
the war department, and this, of itself,
is so peculiar that an investigation OF
the workings of the Interior depart
ment two years ago will be instituted.
INSTRUCTED THE RIO GRAN DE.
The case decided was that Of the Rio
Grande Dam and Navigation CON-
many, a corporation composed of Brit
;sh capitalists. 1t was organized to
build the largest artificial lake in the
world at Elephant Butte, in southern
New Mexico, and across the Rio
Grande. Subscriptions were received
n London, and several million dollars
was subscribed. The company issued
a flaming prospectus, and found hun
dreds of people ready to take stock
The prospectus was issued after Sc |
cretary Hoke Smith had given |
the incorporators the right |
to go ahead. The work has been
for nearly two years, and |
I'll its attention was called to it by the
Mexican minister early in January
asst. But little attention was given to
t until Mr.. McKenna took charge of
The department of justice, when it was
aiken up on a second notice from the
state department.. Secretary Sher-
mans attention was called to it by
Romero, and he was told that
had been made to Secretary
)lney. The Mexican government OBJ
ected to the building of the dam be-
ause it obstructed navigable river,
nd was an international affair. The
Iexican authorities claimed that Sc
rotary Smith had no right to grant
ny privilege of the kind to any cor
'oration without their consent.
VIOLATED THE Law.
The dam, the Mexican authorities
bowed, was to be built 125 miles above
Il Paso. They claimed that the Rio
frande was navigable to the m outh of
he Concho, 200 miles away. The
liver, they claimed. was also navigable
or the distance of 12o above Ell Paso
or RATS and fiat boats. This being
'eiug the case, no secretary of the in
eriOr had the authority to make any
uch grant as was made by Secretary
smith. When this claim reached Mr..
sherman he had made inquiries at the
var department, and found to his sur
rise as well as theirs that that depart
lent knew nothing of the grant for {
he building of the dam. 1t was then
uoV GuS Ease " 40 SCuo W VIC 0Cpdi |
nent of justice, and the decision was
made that the work was being pros :
cuted without authority of the !
aw, and suits were ordered to be
rought.
Secretary Smith claimed that he hal Il
he authority to act under clause 1S of I
he timber culture laws, approved i
Iarch ;, 1891. 1t
The punishment for violating this {
aw is by fine and Imprisonment. Each t
7eek's otfense for obstructing navi- t
able river is deemed a separate Of '
ence. 1t is deemed misdemeanor, {
nd punishable by $1,000 fine or i'm 7
for one year or both. Any
-ork obstructing a navigable river is
onsidered to fall within these pro- S
isions when it is carried on without '
from the secretary OF war.