Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1897-05-17
MONDAY EVENING, MAY II, 1857
THAT DAM CASE.

general, in the Mesilla valley dam case.
does not appear to be final, but rather
partakes OF the nature Of a preliminary
Injunction with q rule to show cause
why it should not be made permanent.
As we suggested a few days ago, arbi-
trary and final action upon this matter,
would certainly work gross injustice.
As IL stands, the ruling OF Mr.. McKenna
would appear to be unconstitutional as
impairing the obligation Of a contract.
BY strict compliance With the provis-
ions of the federal statutes, and under
their expressed authority, certain resi-
dents of the Mesilla valley, citizens OF
the United States, acquired the right
and full authority of the general gov
eminent to build this Elephant Butte
dam. This right, OIL rather. the rights
which these citizens had acquired
under their contract with the United
States, were pledged OF bonded to
foreign capitalists, in order to raise the
money for the work. The rights had
become vested, aud the obligation of
the government was and is
guaranteed by the statute under
which our home incorporators
had acted, and with all the require
ments OF which they had been careful
to comply. Unlike the Arson Mills
pretended international" sffair at FL
Paso, this enterprise stood upon its
own merits. No aid was solicited from
congress. And, if 1t be true that tho
recent ruling was made at the instance
of those interested in the. Mills dam, we
are disposed to think that the real
facts will now be developed and their
congressional appropriation end in the
air.
The fact is, that there is NO real con-
fict OF interest In the two enterprises,
and he is a fool or agscoundrel who,
though interested in FL Paso and fair
play to Mexico, would seek to prevent
the erection of q dam at Elephant
Butte. The latter is seventy-fve miles
above the Pass City, and the entire
scope OF the design covered by the dam
here. is the storing of the surplus wat
ers of the Rio Grande, only, so that
they may be used for the irrigation, the
redemption, of a stretch of country ac-
tually tributary to Ell Paso. As mat
ters now stand, these waters go to
waste, and the storing of them will not
deprive our neighboring republic Of q
drop of water TO which she would be
entitled as q matter Of right or under
the comfy of nations. There is not
an argument which can bs used
In favor OF the Arson Mills
scheme, which Is not applIca-
able with greater force 10 the
Elephant Butte dam but it may be
said of the former, that the pretended
ssinternational" character which it has
taken on, is open to the suspicion Of
being o mere entering wedge for ar ap.
preparation. These fellows should
have had the sense to have avoided tn
scrutiny they have invited.
Before Mr.. McKenna, the facts will
be clearly shown, on what the lawyers
term the return day Of the writ. The
Elephant Butte people are to have q
hearing, and no intelligent man
with the facts, a entertain a
doubt Of the result. The Arson Mills
temporary restraining order will go BY
the board, and the result will be to
give a great impetus to the movement
for the building OF the upper dam.
In an interview, w. B. Childers, U.
8. district attorney for New Mexico,
said toa reporter for the Albuquerque
=
GAN | have to say about this matter is,
that ! understand, from Instructions l have
from the department Of justice, I
shall take steps to procure an injunction il
to prevent the construction OF a
lam in the Rio Grande river by the Rio
srande dam and irrigation company at a
called Elephant Butte, about 1876 /