The Washington herald., 1910-04-17
RIVER PUZZLES TWO NATIONS.
Shifting of Rio Grande Places lei
PasO I'm Peculiar Situation.

PasO in Peculiar Situation.
From the New York sun.
Whether a river changed its course in
night or was years doing It's a dis
puted point between two nations. II the
change was made in a night. the United
States will lose 10 Mexico part Of the city
OF El Paso; If the change was gradual, all
FL Paso remains the property Of the Unit
ed States Pending a settlement both
nations respected the disputed ground as
neutral territory when Presidents Taft
and Diaz met here. but EI Paso declined
TO recognize the agreement and policed
the disputed territory and put up Ameri-
can flags there
EI Paso is the only border city in the
country where there Is an international
contest for ownership OF territory II is
hoped that the controversy will be set
tied this summer. All the trouble came
from the shifting waters Of the Rio
Grande. the banks Of which are sandy
and unstable.
Just how the river got 10 SIS present To-
cation is the question at issue. II it was
gradual-accretion they call it-then the
property belongs 10 FL Paso: but II the
change was by evulsIon, II the river mere
ly left its old banks and ran around IN a
new course, the disputed territory be-
longs 10 Mexico. BY the treaty Of Guada-
rupe Hidalgo it was agreed by the two
governments that the river as it then ex-
listed should be the boundary between the
two nations, and that in the event Of a
change By accretion the property lost by
one nation would become the property Of
another; but IN the event Of a change by
evulsion, the property left by the river
should remain In the possession Of the
country 70 which IT had belonged before
the change. II was also agreed that the
old river bed should be at once marked
by monuments.
Following the signing OF this treaty.
however. no steps were taken for many
years 20 locate the boundary either on
maps or by monuments. and since that
time the river has changed its course at
FL Paso and has thrown a strip OF land
five blocks wide and about a mile and a
half long from Mexican territory into
Texas. There IS no disputing this change
The records o. the boundary commission
show that the river ran in 1852 where
Seventh street is now located. The river
is now five blocks away. at Twelfth
street. Just how the river got there IS
what has TO be settled.
In the Federal court about seven years
ago T. S. Maxey. United States district
Judge for Western Texas. held that the
land was United States territory. The
decision was given In a suit brought by
w J. Warder and others, who fled q
claim 20 the land under an alleged grant
from the King OF Spain, known as the
Chamizai grant. and who declared that
the territory belonged to Mexico and their
claim must be recognized The Judge
overruled their contention and decided
that inasmuch as the United States had
exercised political and judicial fu-isdic-
ton over the land he must recognize Il as
American territory.
ID 10 this time the Mexican roynrn-
ment had laid no claim 10 the land. The
Narder suit had the effect OF causing
Mexico 10 claim the strip. Warder In his
suit In the Federal court introduced the
testimony Of several aged Mevlcans. who
declared that they remembered a sudden
food about fifty years ago when the river
changed abruptly from its CID course and
TOOK It's present location. Several others
testified that certain cottonwood trees
now growing IN the disputed zone were
there before the flood and Warder.s law
yers argued that II the rivers change had
been by accretiou these trees would have
been washed away Timber EXPERTS ware
called 70 tell the age or the trees but
none OF them would testify tha. the trees
appeared 20 be as old as the Mexican
witnesses alleged
Thus the case stands Mexico is IN Tho
position a. the plaintiff and must prove
her case. Even II she proves II Secretary
OF State Knox is quoted as saving thar
the United States viii buy the land
In the meantime squaters on the land
who are paying rents 10 the owners. OF
the Chazimal claim - Warder sold his
rights 10 Pennsylvania and New York
syndicate which was headed by Brewster
Cameron. who was drowned about a wear
ago al Niagara Falls-are giving trouble
TO the people holding the land under
Texas titles. The squatte-s refuse 70 rec
oGnize the rights Of Texas courts 10 re-
move them
Two stray pieces Of land lying below FL
Paso illustrate how the river does switch
its course suddenly. Almost within the
city limits is q horseshoe SHAPED niece Of
property Of several thousand acres which
was thrown in Texas by a sudden change
OF the river about fifteen years ago. The
rlven then made its horseshoe bend
around FL PasO but II suddenly cut
across Mexico and left the horseshoe
strip high and dry In Texas Monuments
were at once set out and now Mexico has
a piece Of property on the Texas side Of
the river
Thirty miles farther down the river for
merly ran in a similar curve I'm Mexico
but suddenly made a straight cut for the
ocean and threw 1000 acres OF Texas
territory into Mexico. This has also been
marked with monuments in the old river
bed and Texas exercises jurisdiction over
a strip Of land that is on the Mexican
side Of the river and on which 800 farm !
ers make their homes. 4 bridge leads
from the Fl Paso county road 10 this ter !
ritcry. known locally as the island
So it is possible that part Of Fl Paso
belongs to Mexico.
Giving the Silence Treatment.
From the Boston Transcript
The silence" treatment which tbe "a
diets at West Point and the midshipmen
at Annapolis accord to officers who have