Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-05-04
INTERNATIONAL DAM
Judge A. B. Fall Points Out the
Most Harmful Points of the
Stephens Bill.
A SPECULATORS' MEASURE
Mexico Has No Right Or Claim In Law
Or Equity Or Under Treaty to
the Waters of the Rio
Grande.

| 9ranQe.
Judge A. B. FALL of Las Cruces. one
of the counsel for the Elephant Butte
dam company, and who has thoroughly
studied the relative merits of the pro-
posed Elephant Butte dam and the pro-
posed International dam, as well as all
the questions, legal and otherwise, that
enter into the distribution Of the waters
| of the Rio Grande for irrigation pur-
poses In New Mexico, as we'll as in Tex
as, speaks as follows of the Stephens
! bill, which Is now pending for action in
congress-:
SPECTATORS BEHIND 1T.
1.-THE Stephens bill states that the re-
public of Mexico has presented claim
for damages caused by the diversion Of
waters in New Mexico from the Rio
Grande.
THE fact Is that few spectators at
Ell Paso have secured the claims and
had them presented to the United
States. offering to compromise il the
government would build the interna-
tional dam. The claims were passed up
on by the attorney general, and later
secretary of state. Olney, who held that
Mexico had absolutely no claim, legal
or equitable, against the United States.
MEXICO HAS NO RIGHTS.
GAS it is, the republic of Mexico has
no right to the use of the waters of the
Rio Grande prior to the rights of the
citizens of New Mexico, and by the
treaty of 1854 surrendered all claims for
damages against the United States, and
even receded from the provision 1t in
sisted upon in the treaty of 184S, that
the Rio Grande should be regarded as
a navigable stream in the United
States.
REASON FOR DECREASE AT BL
PASO.
1.-THE fact as to the decrease in the
flow of the water of the Rio Grande is
the case of the United States VS.. The
Elephant Butte Dam Company. This
decrease is caused by the failure of for'
mer perennial springs in Mexico and in
Texas to contribute to the supply Of
water in the river More than twent,
perennially flowing streams have since
1876 failed entirely to supply any water
to the Rio Grande.
HOW THE MATTER STANDS.
"As to the international dam, there
is no reason so far as New Mexico Is
concerned, why this dam should not be
constructed if there is any necessity for
it. The Elephant Butte Dam Company
Is not antagonistic to the international
1t. New Mexico does not propose to
make any fight on Ell Paso or it's dam,
but, speaking as citizen Of New Mex
leo, the Stephens bill would work a
great hardship upon the people of the
territory generally, which can be appre-
ciated only when it is understood that
the intent of the bill is to prohibit abb
solutely the appropriating or storing Of
any water in the territory of New Mex
leo by the Elephant Butte company or
by any other association or individual
under a penalty of one years imprison-
ment or 5000 fine.
WE'RE NEW MEXICO A STATE.
"If New Mexico were state no con-
a measure. and no newspaper would ad-
vocate 1t. The trouble is that the terri
tory is entirely at the mercy of any
demagogue who may wish to stand as
candidate for reelection in his district,
and who can with impunity attack the
territory's most vital interests with the
idea of securing a few votes for him
SELF
NEW MEXICO WOULD NOT CARE.
with the clause in the Stephens bill
prohibiting the appropriation or con-
servation of waters in New Mexico
stricken out, neither the Elephant
Butte company nor the people of New
Mexico in general should oppose that
| measure. But in such legislation as
suggested, New Mexico is simply being
treated as though its people had no po-
litcal rights, and the legislation Is such
as would not be proposed against reser-
walton Indians supported by the govern
ment.
WHAT SHOULD BE DONE.
II think the governor should imme-
diately call a convention of delegates
from each county in the territory and
submit this important question to the
people of New Mexico. Certainly some
steps should be taken at once to place
the matter in the proper light before
congress and the people of the country"
Bland win Bs Incorporated.
About 15O voters of Bland, or a large
| majority thereof, have signed the petit