El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-19
HEARING BEGUN
TContinued From 1st Page.

all, such as seepage and currents and
hydraulic mean radiuses and "others
too numerous to mention'-not forget
ting that chart of soundings for bed
rock on which the government is going
to build that international dam in time
for irrigation next year, ss come OF the
farmers down the valley have BEEN be-
guiled into believing.
In answer to question by Judge
Fall, Mr.. Follett said that, in view OF
that pledge, he was ''surprised" at
some of the questions Judge Burch had
asked him. 1t was easy to see that
''surprised" was q mild word with
which to express Mr.. Follett's feel
inge.
| q member of the international water
boundary commission between the
United States and Mexico, and it's COD
sulting engineer, has been acting not
only as q witness in the case but as an
attorney for the prosecution as we'll,
cross examining defendants Witnesses
| at times.
ARGUMENT BEGUN.
| Judge Burch in opening the argument
for the plaintiff expressed the hope
that the decision of this court might be
final. He pointed out the difference
| between the plans of the defendant
company as announced in their pros
pectus and rs declared in their answer
| filed in this case. He said that in
these equity proceedings the court
should restrain the defendant from
taking more water than they claimed
| in their answer Chat is, only the sur
plus or unappropriated waters, not all
the waters).
| To this Judge Parker replied that
the government was not in position to
protect irrigation rights independently
of navigation.
Judge Burch went on to defend the
attitude of the government In prose-
cutting the case, saying it was simply
trying to protect the people of the
lower course of the Rio Grande against
the action of irrig ators in Colorado and
northern New Mexico who were ap-
propristng all the waters of the
river.
| Judge Burch did not pause to ex-
plain how the policy and practice OF
the prosecution in this case in intimtd-
ating government employees to prevent
| them from testifying against the gov
ernment, was calculated to work sub
stantial justice and bring out all the
| facts and the truth.
"Public policy in It's broadcast sense"
| ssid Judge Buroh, ''calls for federal
Grande, first, because it Is an inter-
| state stream; secondly, because it is
| An INTERIM tionsl stream; and thirdly,
| because it flows through q great stretch
of arid country and both nature and
public policy abhor a monopoly of the
water of the river"
THE SUPREME LAW.
How else, asked judge Burch. can
you stop the people of Colorado from
appropriating, if they choose to every
spoonful of water that falls in their
mountains? Above all, the supreme
law must be enforced. The supreme
court has declared the law. Hereto
fore the people of Colorado and Wyom-
passed laws as If they were the only
people concerned. And now the
supreme court of the United States
says that the law as to riparian rights
is in force on these navigsble streams,
that they are under supervision of the
federal government, and that the un-
interrupted flow of the stream must be
secured from its source to its mouth.
But the court adds oorollary that If
this riparian right is not interfered
with by such project as that of the
defendant in this case it is all right.
This statement of the law by Judge
Burch appears to be q fair paraphrase
of the United States supreme court
decision in this case last May. And it
seems to warrant the pithy summing
up of the matter by Prof. Elwood
Mead, the government expert in
charge of irrigation inquiry. when he
was In Ell Psso ten days ago. He said
that it had now narrowed down to An
issue "hetween the steamboat and the
home" and he was for the home.
All the irrigation waters of the Rio
Grande in Colorado, New Mexico and
Texas to be cut off from the bitches
a ho riu tn
enable the little Bessie to steam up to
Rio Grande City with lot of oil and |
hay for Fort Ringgold and little other |
stuff for paltry half dozen hamlets is |
an advanced stage of dry rot! Browns
vile, according to Mr.. Thornhsm, |
very pleasant gentleman who came up |
from there to testify for the government
1000, OF whom about 700 are Americans
and it has a railroad. Rio Grande |
City has three American families, as / |
remember the testimony.
THE FINISHING TOUCH.
The Rio Grande Dam and Irriga ton |
company, says Judge Burch, proposes
to build a reservoir to hold 253, 600 |
acre feet of water. The diversion of |
water in Colorado in the last 25 years |
has already ruined navigation in the
lower Rio Grande, and the proposed |
Elepbant Butte reservoir Will put on |
the finishing touch. But he does not
explain by what occult process the
proposed intern ational dam at Ell Paso,
with its reservoir of more than double
the capacity OF the proposed Elephant
Butte reservoir, would revive and re-
store the navigability of the stream.
Both sides to the suit agree, says
Judge Burch, first, that there was for
merly large and profitable navigation
from Roma to Brownsville, if not to the
gulf; secondly, that this has diminished