Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-01-14

stream within the limits Of presen,
navigability, and if so, to enter a de-
cree restraining those acts to the ex.
tent that they will so diminish. This
case is reported in ia United States
J at page $780, in which Judge Brewer. De
(, livering the opinion, says, at page 500:
II am not, therefore, disposed to ques
ton the conclusion reached by the trial
court and the supreme court of the ter.
ritory that the Rio Grande, within the
| limits of New Mexico, is not navigable;
neither is it necessary to consider the
treaty stipulations between this coun-
| try and Mexico" In accordance with
the United States, testimony was taken
for several weeks before Judge Parker
at Las Cruces, near the Mexican bor-
der, and a large number of witnesses
We're examined with reference to tie
fact whether such a dam would sub
stantially diminish the navigability If
the Rio Grande Within the limits of
present navigabillty. All of this testi
mony was to the effect that such a
dam as was contemplated would not
have any effect in that direction, and
the court so found. From this judg-
ment of the district court the Uni
States took an appeal to the supreme
court of the territory, which affirmed
the judgment of the court below.
Theneupcn the United States again ap-
pealed to the supreme court of the
United States, where it is now pending,
and will not be reached for argument
at the present term; and | submit to
this committee that until the decision
of that court, it would be highly i'm
proper for coordinate branch of the
government, i. e., the legislative, to art
in such way as is contemplated by
the bill i'm question while the matter
is sub judice.
The transcript of the record in that
case contains an enormous amount of
testimony from reliable parties upon
the subject in controversy, to which /
would invite the attention of the COM
mittee, as my time is too limited 10
read even a portion of it.
1t will be observed that this 'jont
commission" earnestly recommends the
of dam across the Rio
Grande at Ell Paso, at an expense OF
81, ,317 1896, and the ceding by the Unit
ed States to Mexico of a portion of the |
territory of New Mexico, and that the |
senate committee agrees in these rec
concentrations in its report on this bill, |
while the United States, by its law de-
partment, has, for more than three
years past, been endeavoTing to pro-
hibit the construction of similar dam
100 miles north of Ell Paso, upon the
ground that 1T would materially impair
the navigability of that river at point
800 and 900 miles below Ell
Paso, thus violating the provisions of
the treaty of Guadalupe Hidalgo and
the contract entered into by
hat treaty between us and the repub
ic of Mexico. Just now the distfn-
md on the senate committee arrived at
]he conclusion that an international
lam at Ell Paso is demanded by the
reaty of Guadalupe Hidalgo and will
.esult in great benefit to both nations
~ the expenditure of more than $780,
" private parties, without expense to
ither government, 100 miles above thai
,oint, is a gross violation of treaty oh
iga tions and will seriously impair the
lavigabiility of the stream, is some
hing about which I ann not advised,
md I desire, and earnestly urge this
dmmittee to grant our people time in
which to solve this problem and fully
resent arguments and facts to show |
he ruinous effect which the passage o.
his bill would have upon the indus
ries of our people.
AS I have stated before, the legisla-
ure of New Mexico, and it's people in
have most earnestly pro-
ested, in the name of justice and
light, against the passage of the So
allied Stephens bill, which is identical .
With the one under consideration. The
legislature of that territory assemblies
n the 21st inst, and Immediately after
Is convening, one of it's first acts will
70 to authorize the appointment of a
on partisan committee to visit Wash
ngton at the expense of the territory
or the purpose of presenting argu-
aents and facts against the passage
f this bill. Before 1850 New Mexico
ad been an outlying province of the ,
ngdom of Spain and the republic os ,
fexico, neglected and uncared for ~
ither government, compelled to de-
end upon herself and her own re- ,
ources, to contend against an arid CHI ,
nate and the savage Indians within +
er borders. Since that time, she has c
ad little from the national govern
rent, but has conducted her own inter
al affairs, erected capitol building, q |
university, agricultural t
ollege, school of mines, and normal /
chools entirely at her own expense,
ntil in 1898 congress gave to her cel
ain donations OF land for various pub 3
C institutions, and sections 16 and 36
Dr. the benefit of our public schools,
-hich are now being utilized as rapid
as conditions will admit. Our per-
stent endeavors to be admitted to the
sterhood of states have been ignored;
9th political parties, and every legis-