Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1897-07-01

The sNnvigabie" Is at Present Get
ting Its Share of Legal Notice.
From the Silver City Independent.
.Ss1Ais hearing upon the order to show
ttcapsss} il the chsncery proceedings in
stituted by the United Stated govern
.mant against the Rio Grande Dam and
Irrigation company why the temporary
I~hiunction restraining the defendant
''from beginning, common
eng, attempting, building, construct
ing, creating, or maintaing any dam,
break-water, weir, etrpcture, or OBJ
struction OF any character whatsoever
across -tha Rio Grande- river in the
water thersofAn the Territory OF New
Mexico, and especially at Elephant
Butte or at any point thereon in
the third judicial distriet~of-said
tTsfritory, ,sore inqy any manner 70 begin
the construction OF or to construct or
create any structure, dam or other
construction OF any character whatso-
ever in such manner and to such exS
tent as shall effect the navigable ca,
spxcity al ssaid Rio Gfhnde RIVER in said
Territory OF New Merico," was begun
before Judge Bantz in this city, last
FriHay. afternoon, spd will likely con,
tinGe fpf. segerafi days yet. Unitad
States Attorney W. B. Childers, of Az
buquerque, appears for the goverhs
Fmenfands Is assisted by Judge t. A.
Falvey sahasgadge w. B. Brack, both
of ErPas3,' Texas. who have been re,
tanned by the. citizens OF that place 10
the intef6sts of the proposed interna-
tional dam project at that point. Judge
A. B. Fall and E. s. Newcomb, of Las
Crucet siahd W.. A:sHawkias, Esq, St
this city, are looking after she interests
Of the defendant corporation. MUCH
Interest is being exhibited .iq. the heafr
ing, opaSecolht OF the magnitude OF tic
ffnterests' Involved, and several. ,attor,
Fneys have been present merely as look'
brs on, among them judge H. L. WAl,
do, OF tle Atchison. system. n The he 4
ing is being had in the law office Nt
Conway & Hawkins. IS
The opening argument was made BY
Judge A. b. Fall on behalf Of the del
fendahts.s The defendants conteRd
that the suit WAS instigated by certatp
citizens Of FL Paso, Texas, who arc
alleged to be interested IN the IntdS-
[n&ti0naf Dam project at that point.
The main point upon which the gov.
eminent reefs is the fact that the Rio
| Grande is naSigable for a number Of
mfiass abov69itas moakh, that conse-
guantlyi At Is ll~egalnnders the act Of
congress to dam or divert the waters
Of any portion of the stream. They
| als6 conteSid that the river Is suscep.
| tible for about 125 miles north of ID
| Paso. Texas. Defendants while denying
the allegation Of complainants con-
tend that they have, by virtue of writ.
ten authority from Secretary Hoke
Smith an absolute right to construct
their dam, and that he as secretary OF
the interior had full power to grant
SuCu Alkub uuuOk tho NV "a
OF March 3rd, 1891, authorizing the
location OF reservoirs and for similar
purposes. Dsfendan filed numerous
afidavits made by old residents Of New
Mexico and OF Ell Paso, Texas, all Of
which we're to the effect not only thai
the river had never been navigated in
New Mexico but that 1t was absurd &c
refer to il as a navigable stream ia any
sense OF the word. One gentleman
Judge j. M. CHM, stated in bis aft
davit that II a-s%teamboat had ever as
cended the Rio Grande "sverily it mus
have done so by the aid Of wings
Judge Fall In the course OF his argu
mens CITED numerous reports from tn
geological surveys showing that th'
river is dry during the summer ant
kfa!l months Of the year. ut was dlsl
Eskow1 BY said snofta that ths Rye
for ia dissancs,o OF I'll z7a,lmhea nbsseoai
average fall of'fromefonr To- .hfsyatwt
ktAa W az JHkf77fa,ssfet -saya rss~ soeft.ssd
iaess " hpS uNYs-p vs. rn nessF 4~s