El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-19

BEGUN
The Taking Of Testimony In
the Dam Case Is
Finished
GOVERNMENT OPENS
The Argument But the Out
look For the Dam Com
pany Is Encour-
aging.

Special Dispatch to the HERALD.
LAS CRUCES, N. M, Dec. 19.-Judge
Burch resumed his argument this
morning, consuming the whole fore
noon. His contention was that not
enough water goes down the river, af-
ter allowing for all practicable losses
by seepaqe or otherwise to raise the
eight feet. He argued that the proposed
impounding of the water of the
river at Elephant Butte would
impair the nsviP ability. The question
then would arise whether from some
form of control or restriction, 1t could
not be provided, pending action of
congress, to permit the defendant COM
pany to go on and construct it's reser-
voir. This he said is a leading case
and the time has come for a declara-
tion and adoption of some defendant
policy or federal control over irriga-
tiOn waters in the rivers of the west.
In response to an Inquiry by the
court. Judge Burch said he would not
like to assume the harsh position that
no Improvements and no interference
whatever by the defendant company
with the pavieability of the river
would be allowed. He thought the
court should determine the
limits of the permissible use of the
water.
The hearing of the case will probab-
ly end tomorrow. 1t is expected the
court will then take the case in ad wise
ment.
MONDAYS PROCEEDINGS
The taking of testimony in the dam
case closed at p. N. today, and argu-
ment was begun. Although the hear
ing is confined to the taking of testi-
mony and no questions of law have
come up except the rules of evidence,
both sides are preparing for arguments
that will elucidste the testimony and
make clear to the court what the al
testimony squints both ways. Take
seepage. 1t takes the water from the
river down into the sand, and it also
brings it back again into the bed of the
river. In one view it will help the one
contention, in the other view it will
help the other. And so for half
dozen other considerations.
In the course of the hearing the
court stated that for the purpose of ar
gument counsel might. assume that the
Rio Grande Is nsvigable up to Rio
Grande City. That foreshadows Judge
Parker's decision on that point, and it
was to be expected. At the same time
tical purpose, and there is no ground
for expecting that it ever will be
again. Two trips year by one lone.
lorn little steamboa is the extent of
present navigation. It's an awful
responsibility that rests upon poor
little Bessie. But inasmuch as that's
about all she does have to carry, the
poor thing may be able to bear up un-
der the burden for sometime.
SQUARE CONTRADICTIONS.
Two Of the governments expert en-
gineering witnesses, w. w. Follett
and P. E. Harrouu. coutradicted each
other squarely on the witness stand to-
day. Mr.. HarrOun has supervision Of
the four river gauging stations on the
Rio Grande in New Mexico, and
prepares the reports from the data
gathered at those stations. He was
recalled today by the defense and
cross examined as to the river flow
from San Marcial to Ell Paso, IT'S
miles. A comparison of the records at
San Marcial with those at Ell Paso
shows that at times there is an unex-
planned loss of more than half the
volume of water that passes San Ma
cial before it reaches Ell Paso. The
defense contends that this supports
it's theory that the floods of the Rio
Grande are nearly or quito all lost in
the sand before preaching the lower
Rio Grande. Here was. a condition
that called for theory, and ,Mr. Fol-
lett met the emaroancv nv nroce adip0