Albuquerque daily citizen., 1900-05-22
GOING TO WASHINGTON.
Judge Freeman Will Make il Warm
for Stephens Bill Advocates.
INTERVIEWED ON THE SUBJECT.

Judge A. A. Freeman, one OF the del
egates appointed by Governor Otero 10
visit Washington and protest againt
the passage of the stephens bill now
pending before congress, came In from
Socorro this morning and continued on
north to the national capital, being
three days behind the delegates who
left this city last Saturday night.
When Judge Freeman reaches Wash
ington he will prove a good member of
the New Mexico delegation, and he has
his pointers already mapped out. which
he will present to the committee. The
Judge. In his short talk at the depot
with The Citizen representative, said:
There are two kinds of countries
supporting two distinct kinds OF gov
ernment. All rainfall countries are
governed to a great extent by the COM
mon law. At common law water Is a
public enemy against which every man
may protect himself, except that he
may not divert a natural water course
10 as 10 food his nelghbor.
Arid countries are most II not all
civil law countries. Water In natural
streams flowing in or upon the surface
constitutes not convenience. as in
NVhhNihtEt buA VII abHNihAf
cesslty without the streams that flow
In and upon the surface of an arid
country like New Mexico. no human
being could exist within its boundaries
IL IL impossible to consider here any
property right that Is separable from
water.
Water In this territory partlkes OF
the nature OF real. personal and mixed
estate. Water sells for a high price
without land. but land is worthless
without water. one ounce OF water Is
worth tons OF soil. All this has been
thoroughly understood from time inn
memorial. Old reservoirs and acequiss
give evidence that In prehistoric ages
probably antedating the cliff dwellers
the country was Inhabited by a race oi
intelligent agriculturlsts.
Certain II IL that the statesmen o
Mexico and the United States who pre-
pared and promulgated the treaty o
Guadalupe Hidalgo Feb 2. 1s4s. and tn,
Gadsden treaty of Dec. 80. 1853. under
stood the nature of the country an,
contracted with reference thereto. s,
that In ceding to us certain territor,
the Mexican government ceded as al
appurtenance to the soil all the rivers
springs or streams therein. The yer!
moment water enters an arid belt II be
comes In reality a part OF the soil TIL,
congress might Just as well enact tha
Texas might build pipe lines to tap ou
| springs. railways TO reduce our forest
and excavate our mines Understanding
a. both parties then did that tn
moment water entered the territory
| became a part OF the territory, peori
from the different states have conn
here to adjust themselves to the well
known situation.
"As early as July 20. 1851. the legis
lature OF this territory enacted tina
no flow OF water should be obstructe
as the Irrigation OF the fields should b
preferable to all Others and the con
gress OF the United States approve
this declaration. Again on January
1852 the territorial legislature enacte
that all rivers and streams OF waite
in this territory formerly known a
bitches or aceauias are hereby estat
llshed and declared to be public Iitche
and acequias and this legislation wa
also approved by congress. so that fo
half a century the people of this terr
tory have been given to understan n
| NiihA NitS IlpN pt !
their right To the water flowing int
the territory"
Being asked what effect would n
stephens bill. II enacted into a Law
have upon the people OF the territor!
Judge Freeman remarked:
Right there Is one other thing this
ought to be said. II is a disagreeab
feature but Il is the truth and mlgl
as well be told now II Is this: Nir
years experience here on the bench an
at the bar has demonstrated to me tka
there is no subject OF contrOvers
which excites such intense emotions a
controversies and suits respecting wa
ter rights. Even among nelghbors an
friends II is difficult for tne courts az
minstering laws made by our own les
lslature to preserve the peace. II Ii a
old saying that blood Is thicker tina
water. but this is not true OF an ar
country.
THE people OF this territory are
loyal and law-abiding as the averaj
citizen. but II congress expects that
New Mexican will allow his fruit tire
, to perish, his garden to fail, and h
, crop to be destroyed. in order that
may let the water pass him to irriga
fields in Texas and Old Mexico. tn
congress is mistaken. that's ALL"
Judge Freeman also stated tins
should the Stephens bill pass congre
u and become a law. the people of d
. territory would be powerless to p,eve
It's enforcement. On this subject q
;. Judge gave his views as follows:
. "The supreme court OF the Unit
states has held that within the pU
( view OF the second section OF the thi
4 article of the constitution which pr
|. vldes that the judicial power OF Il
, United States shall extend 20 ;'ontr
versies between n state and citizens
another state. citizens OF territory a
not citizens OF a state and have
right therefore to sue In a feder
e court. We are utterly helpless In {
I matter. As citizens OF a territory '
e have no rights which congress or Te
az is bound to respect.