Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-06-12

Hon. w. A. Hawkins, of Alamogordo,
the attorney who successfully made
the fight for the irrigation company
when the contest as to the n~aVigability
of the Rio Grande was in the territorial
courts, writes:
Until the text of the decision OF the
supreme court has been substantially
known to me, I of course can not be GER
tain of what the complete legal effect is.
So far as indicated in the synopsis OF
dispatches and private kilograms re-
ceived from our attorneys in Washing
ton who argued the case before the SUI
/ preme court, the decisions of the courts
of New Mexico are not, however, re-
versed, but simply modified in one fea-
ture, which would not now appear to be
of any material Importance, and which
! modification should cut no figure with
the building of the dam and the irriga-
ton system connected Herewith. The
point which the dispatches indicate as
being the only feature with reference
to which the decisions of New Mexico
are modified is this: 1t vas claimed by
the government that the construction
of the dam and the storage Of water
| thereby would substantially interfere
| with navigation of the Rio Grande river
near the gulf. This was one of the con-
tentions of the government, only there
| being a half dozen others. All of the
| other contentious, it would appear from
these dispatches, have been either
against the government or considered
immaterial. With reference to this one
contention, the, reported decision would
make the supreme court say in effect
hat in event it is established, as a mat
ter of fact, that if the plans of the COM
pany would, when carried out, substan-
TALLY affect the navigation of the river
as that navigation exists, then to that
extent the company must be enjoined,
and the lower court is directed to deter
mine that one question Of fact, and to
enjoin the company therefrom. There
is no injunction to be issued against the
building of the dam or the irrigation
system connected Herewith, but the
effect will be, if the synopsis of the de-
cision can be relied on, simply to pre-
vent the company, after it may have
constructed works, from holding or di-
verting such water OF the river as
would, if allowed to flow on, substan-
TALLY contribute to aid navigation. l
1 44~riJnV Aha 1nnfCinn nf tho
supreme court as a substantial victory
for our company, as it will be impossi-
BILE for the government to ever prove
that the water to be utilized by this irri-
substantially aid navigation below here.
In fact, the navigation below here is
farcical. A steamer makes occasional
trips, and only draws Is inches of wa
ter for a short distance from the gulf,
which waters are contributed to the Rio
Grande by the Pecos, Concho, San Juan
and other tributaries putting into the
river hundreds-of miles from here.
In the trial Of the Ease in New Mexico
there was also a precence made as te
proving the river navigable in the ter
ritory, which theory was backed uT
solely by an affidavit of Brigadier Gen
eral Mills that some time in the long
past he had foated a raft Of cotton.
wood poles from Canutillo to Ell Paso
and some one else had floated some
telegraph poles around a bend in thu
river during high water.
There seems to have been an impress
sion prevalent in Ell Paso IL the Ele
plant Butte Dam Company could b.
prevented from building it's dam tn
better show would be given the Interna
tional, which I regard as a serious er
ror. For enough water m down dur
ing periods of flood to fill several reser
voirs such as the International and tn
Elephant Butte dam.
There Is another feature to this mat
ter, and that is the Elephant Butt
dam would be an actual existing thin
at thp-Ssent time, and Ell Paso woul'
have Rad a steady supply II It had no
been for this suit, which has been large
" prolonged by the citizens Of FL Paso
I do not know whether the Q