The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-10
THREE NATIONS INVOLVED
In the Question of Building Dam
Across the RIO Grande.

Washington. May 10.-Attorney Cen
eral NICK emma has rendered a decision
of vital Importance to three countries
the United States, England and Mex
leo. The decision is Of such import
anCe that 1t may lead to the graVeSt
results; millions of dollars are inVOlv-
ed; the right of this government to
criminally prosecute citizens of a for
eign country acting under the authority
of former cabinet officer Will be test
ed; the right of the interior department
to uSurp the functions of the war de-
partment will be thoroughly investi-
gated and the mysterious silence of a
British corporation working on an in
ternational river will be fully explain
ed.
The decision rendered by the attor-
ney general directs that certain prop
erty of an English corporation pc con-
fiscated 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 demand the protection of
the English government.
The decision was made at the in
stance of the state department, which
has been called upon by the Mexican
government to explain why the Rio
Grande,a navigable river, was being OBJ
structed by the building of an immense
dam. An inquiry by the state depart
ment led to the discovery that the work
had been done without any authority
from the war department, and this Of
itself is so peculiar that an inVesiga-
ton of the workings of the interior
department two years ago VIII be IN
stituted-
The case decided was that of the Rio
Grande Dam and Navigation company,
a corporation composed of British cap
italists- 1t was organized to build the
largest artificial lake in the world at
Elephant Butte in southern New Mex
leo, and across the Rio Grande. Sub
scriptiOns were received in London and
several million dollars were subscribed.
The company issued a flaming pros
pectus and found hundreds of people
ready to take stock.
The prospectus was issued after Sec
rotary HOke Smith had given the in
cOrpOratOrs the right to go ahead. The
work has been proceeding nearly two
years, and this government knew moth
ing of it until it's attention was called
to it by the Mexican minister early in
January last. But no attention was
given to it until Mr.. McKenna took
charge OF the department of justice,
when it was taken up on a second no
tice from the state department. Sec
rotary Sherman'S attention was called
to it by Minister Romero. The Mex
lean government objected to the build
ing of the dam because it INSTRUCTED a
navigable river and was an interna-
tiOnal affair. The Mexican authorities
asserted that Secretary Smith had no
right to grant any privileges of the
kind to any corporation without their
consent.
The punishment for violating this
law is by fine and Imprisonment Each
week offense for obstructing a navi-
gable river is deemed a separate Of
Tense. 1t is a misdemeanOr, and pun
ishable by $4,000 fine or imprisonment
Any work Obstructing a navigable
river is considered to fall within these
provisions when it is carried on with
war.