Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1900-05-26
GOING TO WASHINGTON.
Judge Freeman Will Make Il Warm
for Stephens Bill Advocates,
INTERVIEWED on the SUBJECT

Jedee A. A. Freeman. one VI tno dti-
cEatcs appointed by uovcrnof Otero TO
visit Washington and protest asalnt
the passage of the stephens bill now
pending before congress. cams Va ffum
socorro this morning and continued on
north 60 the national capital, being
three days behind the driosates Who
left this city last Saturday night
when Judge Freeman reaches Wash
iugton he viii prove a good member OF
the New Muxico delegation, aud hr has
hts pointers already niappud out which
he viii present to the committee The
judge. In his short talk al the depot
with The CitiEcn rcr~enentstivc. said.
There are two kinds of countries
supporting two distinct kinds OF gov
ernmont All rainfall countries are
governed 90 a great extent By the COM
mon law. At common law Wats h a
public enemy against whioh every man
may protect himself. except that he
may not divert a natural water course
% az 90 Hood his noighbor
Arid countries are most " not all
civil law Countries. Water IN natural
streams flowing In or upon the surface
constltuteg not convenience. AZ IN
rainfall countries, but an absolute ne
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
n IL impossible to consider here any
property right that n Heparahle from
water
Water iE this territory parttkea %
the nature 81 real, personal ANA mixed
estate. Water sells Tor high price
without land. but land IL worthless
without water one ounce of water II
worth tons ~ soil. al this has been
thoroughly understood from time lm-
memorial ola reservoirs and acequisa
give evidence that In prehistoric ages
probably antedating the clir dweilcrs
the country was Inhabited By race of
Intelligent agriculturisfs
Certain u Is that the statesmen ~
Mexico ana the United States who pre-
pared and promulgated the treaty of
0uadaioupe HldalEo Feb 9. isss and IN.
Cladsden treaty OF Dee 30. 1858. under
stood She nature of the country and
contracted with reference thereto. SO
that in ceding 10 M certain territory
the Mexican government ccded az an
appurtenance 10 the soil an the rivers
springs or streams therein The very
moment water enters an arid belt II be-
comes IN reality part ~ the soil The
congress might just as well enact that
Texas might build pipe lines 10 tap our
| springs, railways 90 reduce our forests
and eNcavate our mines Understanding
as both parties then ala that the
moment water entered the territory u
became a part of the territory. pe1rie
from the different states have come
here 10 adjust themselySs 20 the we'll
known situation.
AS early as July 20. 1851. the legis-
lature Of this territory enacted that
no flow ~ water should be obstrncted
az the irrEiation Of the ielda should be
preferable a. all Others. and the con-
gresa of the United states approved
this declaration Again on January T..
1853 the territorial legislature enacted
that ALI rivers and streams uf water
IN this territory formerly known a.
bitches or acequlas are hereby oslab-
lished and declared 20 be- public litches
and acequlas and this legislation was
also approved By congress. So that foe
half century the people Of this terri
tory have been given 90 understand
that they would not be disturbed Ia
their right 20 the water flowing into
| the territory"
Being asked what effect would he
stephens bill " enacted into law.
have upon the people ~ the territory.
Judge Freeman remarked
Right there il one other thing that
ought a. be- said. n II a dimgreeable
feature but u ia the truth aud might
a. well be- told now. Il IL this Mine
years experience here on the bench and
at the bar has demonstrated 10 me that
there ia no subject OF controversy
which excitcs such intense emotions a.
controversies and suits respecting wa.
ter rights. Even among neiahhors and
friends Il IL difYicult foF tne courts al.
ministering laws made by our own leg.
ialature % preserve the peace n IA an
old saying that blood u thicker than
water but thlh Ia not true 81 an arid
country.
'-rhe people of this territory are a,
loyal and aw-abldinR az the ayerag,
citizen. but n congress expects that 4
New Mexican will allow his fruit trfei
% perish. his garden 10 fail. and hii
crop 20 be destroyed. IN order that NJ
fnay let the water pass him 10 irriEat'
fields Ia Texas and old Mexico. thaF
congress- is mistaken. that's ail"
Judge Freeman also stated that
should the Stephens bin pass congress-
ana become law the people n thi
territory would be powerieaa o. proven
IT. enforcement ON thia subject thi
Judge gave bts vlewa as f0llows
''Fhe supreme court - the tfute'
states has held mat within the pur
view 0f the second section ~ the thru
srticle ~ the constitution which pro
vlden that the judicial power % M
United States shall extend % sontro
vrrsies 'hetwen a state and citizens %
another state, citizens ~ territory an
not citizens ~ a state and have n
right therefore 60 sue ln federa
court We are utterly helpless IN th
! matter AZ citizens Of territory "
, have no rights which congress ~ Tex
= a. IL boanH "a FpRuref