El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-05-19
WILL FILE INJUNCTION.
United States Attorney Childers Will
Prosecute Dam Builders.

Prosecute Dam Builders.
The Washington correspondent o
the Albuquerque Democrat writes tina
paper:
las you have already seen the at
tOrney general has been called upon by
the Mexican minister to take cogniZ
ance of the contemplated wholesale
scOoping up of the waters of the Rio
Grande by the big dam builders down
at old Fort Selden.
The Mexican government claims
that Tthe Rio Grande is navigable for
125 miles above Ell Paso for RATS and
| flatbOats,' but we who know the sullen
stream know that only the very light
est draught raft could float on its wa
tiers the greater part of the year. That
any kind of Il craft can, brings the late
secretary of the interior, Hoke Smith,
and the English company under the
process of the courts. The end is not
| yet and the fight may assume interna-
tional proportions, for John Bull pro-
! tects his own
Hon. w. B. Childers, United States
at Orney, was seen at his Office this
morning, by a reporter for the Albu-
querque Citizen, and was asked to give
his views regarding the recent decision
of the United States attorney general
as to the construction OF dams and re-
servoirs on the Rio Grande, and to
number of questions, Mr.. Childers
said:
"All have to say about this matter
is, that understand, from instructions
[ have received from the department
of justice, l shall take steps to procure
an Injunction if necessary to prev en-.
the construction of dam in the Rio
Grande river by the Rio Grande Dam
and Irrigation Co., at point called
Elephant Butte, about 125 miles above
Ell Paso. 1t is held by the war depart
ment that the Rio Grapde is a navig-
able stream up to Ell Pa5o and has been
recognized by congress to be a navig-
able water at Ell Paso, and upon this
of the dam was illegal. The river and
harbor act of 1890 prohibited the crea-
ton of any obstruction not Affirmative
ly authorized by law; to the navigable |
capacity of any waters in respect to !
which the United States has jurisdic-
ton, and made it penal offense to so
obstruct such water, and provided that |
prevented by in junction, 1t is alleged |
that this company proposes to irrigate |
all lands that could be reached from
the dam and reservoir which it propos-
es to construct at this point, and that |
it proposes to use all the water in the |
river and prevent its natural flow, and |
that this would obsuruct and inter-
fere with navigation on the river be-
low.
81 am instructed to communicate with
the company. and if it proceeds to
construct this dam, to take such pro-
ceedlngs in court as may be necessary
to prevent it. It will be entirely i'm
proper for me to express any opinion
IS to whether this action on the part
Of the government is proper or ill-ad-
yised. AT least, it is one of those oues-
ions that it would be we'll to lave the
courts settle. I may add that the status
II the Rio Grande in respect to the
light to take water out of it from its
source to its mouth raises many inter-
ssting questions. The people in this
part of the country have been COM
claiming for many years that, although
hey had priority of right in the use
If the water of the Rio Graude, the
osople of Colorado have taken so much
water out of the Rio GraDde by dams
md bitches, as to seriously reduce the
mount of water available for the peo-
de of New Mexico, and to cause the
tream to 60 dry IN the summer time
where il never was known to do so
sefore. Ii this matter is brought into
he courts, it may lead to some inter-
sting decisions on this question, and
t may prove beneficial also in direct
ng attention TO the Interstate cues
ions | have Just mentioned