Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1905-12-11
Or. Nathan Boyd ReaffiPns IN.
tendOn 10 End Action.
GENEROUS COURSE REMOVES
LAST BAR FROM ENGLE PROJECT
Litigation That Has Cost a Fortune
and Held Attention Of Two
Nations Soon to End.

Following his announcement be-
fore the irrigation congress in Ell
Paso In 1904, that he would be Will
ing under certain conditions to with
draw from the courts In the matter
of the Elephant Butte dom case, DR..
Nathan Il. Boyd. promoter of that fa-
nous project, has addressed the fol-
lowing letter to H. B. Holt, president
association, confirming his previous
action:
Las Cruces, N. NJ, Nov. 2S, 1905.
To the Hon. II. B. Holt President
Elephant Butte Water Users Asso-
citation of New Mexico:
Dear Sir In Re, United States vs.
Rio Grande Dam and Irrigation COM
pany, ct al
In conformity with the terms of my
letter To you of the 30th OF December,
1904, and my offer az submitted at the
meeting of the Las Cruces chamber
of commerce this afternoon, / hereby
under my power and right so to do.
undertake and agree, on receipt of
written request from YOU (as presi-
dent of the Elephant Butte Water
Users association of New Mexico), to
instruct the attorneys for the defend
court to dismiss the said cause in fav-
or Of the plaintiff. IN the event of the
secretary of the interior officially ad-
vising you Cor mel that the United
states government cannot, or will not,
through its reclamation service, pro-
ceed with the construction Of the Ele-
phant Butte dam $50 cahed), or the
proposed complimentary irrigation
works, so long as the suit In question
remains undetermined IN the plain
tiff's favor In other words, II the
said suit Is officially declared to be a
par to government construction of the
said dam. or said other irrigation
works. | am prepared on my own mo-
ton to have my attorneys. as above.
move to have the case dismissed In
the governments favor
l also hereby undertake and agree
to surrender all my rights and title
In the dam and canals projected and
In part built, but not completed, low
Ing to the injunction suit as above)
by the plaintiff at or near (old) Fort
Selden. and to convey such right and
title to the United states government,
or to the Elephant Butte Water us
ers' association of New Mexico, II the
government will undertake to COM
plete said dam, aud to connect It by
suitable canals. with the Dona Ana,
Las Cruces and Mesilla community
bitches. within one year from date, or
within such other reasonable time as
may be deemed necessary for such
completion by the engineers of the
United States reclamation service.
Yours faithfully,
(signed.) NATHAN BOYD.
This letter Is of even date with q
laf 10
dent of the III Paso Water Users asso-
ciation In which DIR, Boyd while maxi
ing the same announcement of his
intention, goes into the history of this
litigation which has had prominent
place In the courts OF New Mexico
for the past ten years.
The case Is one of the most famous
in the history of the territory. 1t has
been twice to the supreme court of
the United States, has figured In sew
eral congresses and has been the
cause OF much bitterness from time
to time. Once or twice II has threat
ened international complications with
Mexico and the state department has
more than once felt called upon To
look into It's status
In Withdrawing the litigation In
which he and his associates have
erously removes the last obstacle to
the construction by the reclamation
service of the great proposed dam Mt
Engle north OF the Elephant Buttes.
Nothing Of greater importance has
been done for the Mesilla valley than
this sacrifice by Or. Boyd who through
many years has fought not only his
own battles but those OF the farmers
and land owners OF the Rio Grande
valley In the courts and In congress.
His letter to Mr.. Martinez Is OF
deepest Interest and Is in part as fol-
lows
Having regard to Mr.. Rodey's state
ment. IN a recent letter to the press.
TO the effect that the secretary OF the
interior had informed him that the
government could not construct any
irrigation works on the Rio Grande or
its tributaries In New Mexico until
the Elephant Butte controversy had
been settled and, I take It. settled In
the governments favor, l beg to re-
quest that you communicate with the
department Of the interior and ascer-
tain definitely If the pending litiga-
tlon as above ", In any sense. a bar
20 the proposed construction OF the
Elephant Butte dam, under the re-
elamation act, so called
If such is the case. i propose Gas
stated In my address at the irrigation
convention held at Las Cruces on the
22nd ult1 on my own motion to have
the above case dismissed.
Naturally. / am loath thus to sur
render the valuable rights | have at
stake In the premises. for by 40 doing,
would sacrifice my only prospect OF
saving the large fortune / have sunk
In the Elephant Butte enterprise by
my long defense ~ New Mexico's nat
ural and Inherent right to Impound
and utilize for irrigation and other
purposes. the Hood waters Of her Rio
Grande catchment area. and by my de-
fensc Of the rights OF my friends and
others abroad. who. az my solicitation.
invested IN the securities OF the Rio
0rande Irrigation and Land company.
Limited, the company formed n Eng