Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-12-21
THE Dam CASE.
Argument Ended and An Early Decision
Is Expected.

Judge Burch concluded his argumen,
for the government in the Elephant
Butte dam injunction case Tuesday
Judge Parker said 1t could be consd-
cred for argument that the Rio Grand"
was navigable below Brownsville, but
he could not see how the water could
be divided at the reservoir so as to aid
navigation or regulate the flow.
w. A. Hawkins, for the defense, con-
tended that if the United States su-
preme court had before it the evidence
now before this court it would not have
declared the lower Rio Grande now ac-
tually navigable. Witnesses for both
| the prosecution and the defense declare
success, and some call it farce" 1t
was impracticable to try to place any
restrictions on an irrigation company
| in New Mexico in the interest of navi-
cation l,400 miles away. The public in
terest here demanded the use of water
for irrigation, and to deny the people
such use of it was to rob them of their
means of living. The company had COM
piled with every law of the United
States government and of the territory
affecting it's acts and purposes, and it
simply claimed the protection of law for
itself. He asked why the interna-
tional water boundary commission.
which had been surveying and studying
the Rio Grande for years, had not
brought it's records into court. The only
possible reason was that those records
did not sustain the contention of the
government.
Said Mr.. Hawkins; I'VE do not charge
any department Of the federal govern
ment with bad faith. We visit our con-
demnation upon the man who caused
this suit to be brought, Brigadier Cen
eral Anson Mills, United States army,
member of the international water
boundary commission between the
United States and Mexico. The defend
ant company in this suit is charged
with being a grasping corporation. But
General Mills, in testifying before a
senate committee, proposed that the
projected international dam, at Ell Paso,
when completed, be turned over to a
private corporation. Is General Mills a
member Of that corporation? There are
elements of a conspiracy in the prosecu.
hion of this case. 1t has been alleged by
the district attorney of this territory,
or fha ,rt ~
the United States, that we are liable to
Mexico for appropriating waters in the
United States which otherwise would
flow down the river forming its bound
ary. This conspiracy has reached so far
that our own agents, employed to pro-
tect our national rights have actually
declared before the courts that there is
legal obligation upon us to turn these
waters over to a foreign power, Mexico.
And this Notwithstanding that one of
our attorneys general wrote an exhaust
i've opinion in this very case, holding
that no such obligation whatever rested
upon u.s."
The New Mexican correspondent
wrote on Wednesday: The day has
been devoted to arguments of the at
torneys. United States Attorney Chill
ders occupied half the day in the de-
livery Of his argument before the court,
and was followed by the able and elo-
quent attorney for the defense, Judge
A. B. Fall. 1t must be said that the
fullest justice was done by each to his
side Of the question, and that the de-
cision to be handed down by the court
merits and the law and evidence Of the
questions involved. 1t is expected ar
gument will close tonight and de-
cision be handed down Thursday.