The times., 1899-11-10
A DISPUTE With MEXICO
Riparian Rights Along the Rio
Grande Under Discussion.
Judge Burch's Mission to the Diaz
Governmental $40, 100000 Claim
Lawsuit Covering All Contested
Points-Britfsb Company's Plans.

sci in the Department OF JuSLlCet leLL ,
Washington last night for the City of Mex
leo to make unofficial representations to
the Mexican Government concerning the
great dispute between the United States
and Mexico over the irrigation in the val
ley of the Rio Grande River This is the
only point of disagreement Of any moment
now pending between the two countries,
and Mexico has already filed a claim of
500. .OOO .OOO against the Government Of the
United States The object of Judge Burch's
trip is TO convince the Mexican officials of
the intention of the United States Govern
ment to so act in the premises as not only
! to preserve fully the rights of the people
/ in both countries but also TO restore to
/ those living in the valley on both sides OF
] the Rio Grande those ancient riparian
rights OF which they have been deprived.
The United States Government is getting
! at this matter by means of a lawsuit Of
( huge proportions, and Judge Burch has
/ charge of the case for this Government, /
/ the trial being set for December u in the I
/ United States Court at Las Cruces, n. NJ, /
/ where he Will return in time to attend the [
trial While in Mexico he Will also collect /
/ evidence for use in the case.
Mexico's claim against the United states /
/ is based upon circumstances and customs [
dating back to the time of the Aztecs and /
/ the Montezumas, and nobody knows how /
much further. The normal flow of the Rio I
( Grande for centuries was of sufficient vol !
ume TO allow the people along its valley on /
either side to tap the water by means OF
primitive irrigating bitches, and thus make
a fruitful. blossoming garden out of large
areas which otherwise would have been I
wastes of drifting sand. BY means of the
water a population of $4,000 people on the
Mexican side and 10000 on the American
side is alleged to have maintained itse
in prosperity But within the past few
years irrigation in Colorado and New Mex
leo has taken up so much of the head
waters OF the Rio Grande as TO lower the
stream in that portion where it forms the
international boundary. Consequently the
ancient irrigating bitches have practically
| gone dry and the fertile fields and eXten-
| siye orchards. which once filled the valley,
are fast getting to be things of the past.
1t is in behalf of the 10000 Mexicans thus
IMPOVERISHED by the acts of the people OF
Colorado and New Mexico that Mexico has
made a claim for $50 000 600 against the
Government of the United States.
The American Government, at least in
sense recognizes the justice of this claim.
Il does not admit that Mexico can legally
hold this country for the sum named, or
for any remuneration in the premises, but
it does recognize the justice Of the claim
in equity, and, as a good neighbor, 1t IS
making a strong effort so TO arrange the
matter as to do justice to ali concerned and
to restore its fair and proper proportion OF
the waters of the Rio Grande to the in
habitants OF the valleys thereof. To do this
the United States had to take steps to
control the water, or rather the absorption
4 | OF it by the people up the stream. The
opportunity to DO this work came during
, the Cleveland Administration, when great
. ! English company, with some titled gentle
= man at its head, was organized to dam the
Rio Graude at Elephant Butte, 125 miles
above FL Paso, Tex, and control all its
Z waters for irrigation purposes. The COM
pany, in its prospectus said 1t proposed
g TO create the largest fresh water reser,
. yolr in the world, and TO be in position to
sell water TO farmers for 2OO miles down
the valley on the American side. That was
n when the Mexican Government made its
N first representations to this country. claim
ing violation of the treaty at Guadalupe,
Secretary Olney, in behalf of the United
States, and in response to Mexico objec-
tions, procured an injunction to stop the
n | British company. In the mean time, at the
| suggestion of Gen. Arson Mills L. S. a.
retired of El Paso, negotiations were com
mcnced between the United States ano
~ Mexico looking TO an arrangement for ar
l. international dam at or near FL Paso. Tex.
~ whereby the ancient water rights could bi
l. equitably restored to the inhabitants of tht
e. Rio Grande Valley, on both sides Of the
er river.
T The English company showed fight from
d, the start. II took Secretary Olney in
IN junction case into the territorial court OF
lp New Mexico and had the injunction dis
solved The case was appealed and mol
long ago was decided by the Supreme Court
Of the United States, which in effect re
versed the decision Of the territorial cour
&C | of New Mexico by restoring the injunction
and ordered the case sent back to the
.t United States Court at Las Cruces, y. NJ.
az to take proof on the facts as to whether
+ the proposed English dam would impai
'rt ! the usefulness of the river as nayigabt
e. stream in that portion where it forms The
81, | international boundary This course Il
- taken not because the Rio Grande is a grea
IS steamboat channel, but because it gave tn
D. ! United States the surest means OF getJht
IS a grip upon the river, the Rio Grande be
n ing chartered as nayigabIe stream.
of It is for the preparation Of this proc
be that Judge Burch has gone to Mexico AM
mt for the presentation of ir that he VIII ap
&C. pear for the United States before the cour
'pt at Las Cruces, December l.. This 1eaLur
to of the case has in itself an interest distinc
and separate from its international char
,rz acter. 1t will probably result, once AM
he for all, in deciding the conflicting rights o
ar those who use the headwaters of tn
ba stream IOf irrigation purposes an
sh those who use its lower waters for navlga
"a tion. The decisions heretofore have alWay
~ been in favor Of the navigator! but thi
al cause is being closely watched by all tn
49, people of the United States living in sec
a. tions where irrigation is necessary, a
nearly every stream used for irrigation
~ once went to feed a river, the lower reache
Of which are or at least once were, use
for navigation.
If the court decides in favor Of the Gov
crnment, Congress will probably have a
'e- opportunity very soon to take the ueces
sary action to authorize an internationi
sa- dam and international control of the water
or OF the Rio Graude for irrigation purpose
s The Government will not be able to pre-
ceed far in any negotiations relative to th
vas dam without first securing COugTesslOn'
sanction. Having secured that-aud an ar
pTopriation State Department can yeT
ent quickly arrange he matter with MeXic
'de l. will spoil Il proposed monopoly, II
er, true, but it viii remove cause OF tricuo
between this country and Mexico that
becoming acste. and ii viii restore TO man
miles of territory rights made sacred }
centuries OF possession.
The !nduStrinI Commission.
MI The witnesses who were TO have appeared J.
lore the Industrial Commission Yesterday Iail
be to appear. George Rice, formerly OF Aauelt
Sas | Ohio. whose testimony viii be M "ppesliloh
,, the methods ot the Standard ON Trust, irlrStaI
49, ed the Commission taaJ Hg would be on Hahd [
i'll | day and the session viii begin at 10 % cI0t
ms for thc purpose of taking his testimony.
she Heurichs beers become thc friend OF cycr,o
ons upon first acquaintance Make your ae9uainjan
n 1 Ar