El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-07
Returns From His Mission
To the City. Of
Mexico
ELEPHANT BUTTE DAM
The Securing Of Evidence In
The Celebrated Case the
Probable Object Of
His Visit

Judge Marsden G. Bdrch, as
sistant to the attorney general of the
United States, who is conducting
the government side of the con tr0-
versy in the celebrated Elep hant
Butte Dam Injunction case, has re turn
ed from an important mission
to the City of Mexico. It
had to do with certain valua-
BILE evidence which the department of
justice has aske the Mexican govern
ment to furnish in connection with
the case which comes up Tuesday at
Las Cruces.
"My trip was flying oce," said
Judge Burch this morning. and do
not yet know whether my mission was
wholly successful. The trip was merely
one had planned when 1 first came to
Ell Paso q few weeks ago.
"Briefly, the status of the case is
this. The English company waiting
the compromise had written the at
torney general suggesting COM
promise. 1t was upon this suggestion
that came here, meeting Dr.. Yair and
Henry D. Bowman of Las Cruces and
E. n. Roberts, .the compsny's repres-
entative. I made to them PROPOSE
tion which they declined.
''Then in time, they made to me q
tentative proposition looking to the
eutire control by them of the waters of
various streams, and the building of
several dams. They ha first however
to submit this proposition to their own
people before unreservedly Offering to
me to present to the attorney general.
By their own company the proposition
was declined, and I had nothing to.
present to the department from.
them.
ST then went on to the City of Mex
leo. The exactnature of qy business
there, 1 cannot now state for publics-
tion, as it concerns the conduct of the
coming trial, but 1 can say that it had
nothing to do with the claims or the
compromise of the claims of the Mex
lean government and people against
the United States.
"All my negotiations were conduct,
ed through General Powell Clayton,
our ambassador, and had not the
pleasure OF meeting Min
lister Mariscal personally, though
was invited to stay and do
30. 1 have rot yet received a de-
finite answer, though am expecting
one at any momcnt.''
Although Judge Burch would neither
affirm nor deny the statement, there is
no doubt but that the object of his
mission was the securing Of
certain evidence concerning the
low of water In the river st
various stages, and proofs
'elating to its navigsbility. The Mex.
can government is. of course, friendly
% the United States departm ent of
ustice in the Dam contention, and is
probably very willing to aid all
can in the forthcoming trial.
The trial at Las Cruces on Tuesday
lext, Dec. IL. will be an action in
'quity before Judge Frank M. Parker
II the federal territorial judiciary.
The English company took Secretary
)lney's Injunction case into the ter
itorial court of New Mexico and had
he injunction dissolved. The case
7as appealed and not long ago was
ecided by the supreme court of the
J )n1ted States, which, in effect, revers-
c the decision of the territorf-
l court of New Mexico
y restoring the Injunction and order
ng the case sent back to the Uuited
tates court at as Cruces, N. M, to
AXE proof on the fact as to whether
ho proposed English dam would i'm
air the usefulness of the river az q
avigable stream in that portion where
forms the international boundary.
Purely on question of fact the case
ill be determined.