El Paso herald. (El Paso, Tex.) 1901-1931, 1911-06-15


ed the permission. it would not be
safe for Mexican customs officer to
attempt to exercise any authority on
this side of the river
It is quite clear from the circum-
stances related in this affidavit that,
however much the Mexicans may have
desired to take physical possession Of
the district, the result of any attempt
to do so would have provoked scenes
OF violence, and the republic of Mexico
cannot be blamed for resorting to the
milder forms. OF protest contained In
its diplomatic correspondence
In private law the interruption Of
prescription is effected by a SUIT, but
in dealings between nations this IS Of
course impossible unless and until an
international tribunal is established for
such purpose. In the present case the
Mexican claim was asserted before the
international boundary commission
within reasonable time after II COM
menced to exercise its functions, and
prior to that date the Mexican govern
ment had done all that could be rea-
sonably required of it by way of pro-
test against the alleged encroachment
Under these circumstances the COM
missioners have no difficulty in coming
to the conclusion that the pee of pre-
Application of 1884 Treaty.
Upon the application of the conven-
ton Of 1884 to the facts of this case
the commissioners are unable to agree
The presiding commissioner and the
Mexican commissioner are of opinion
that the evidence establishes that from
1852 to 1854 the changes in the river
which during that interval formed a
portion of the Chamizal tract, were
caused by slow and gradual erosion
and deposit of alluvium within the
meaning Of article of the convention
OF 1884
They are further of opinion that all
the changes which have taken place
in the Chamizal district from 1852 up
to the present date have not resulted
from any change of bed of the river.
It is sufficiently shown that the Mexi-
car bank opposite the ChamizaI tract
was at all times, high and that it was
never overlooked, and there is no evil
dence tending to show that the Rio
Grande in that vicinity ever abandoned
its existing bed and opened a new one
The changes, such as they were, result
ed from the degradation of the Next
can bank and the alluvial deposits
formed on the American bank, and, as
has been said, up to 1864, this erosion
article / of the convention OF 1884
With respect to the nature Of the
changes which occurred in 1854, and
during the four succeeding years, the
presiding commissioner and the Next
can commissioner are of opinion that
the phenomena described by the wit
nesses as having occurred during that
period cannot properly be described
as alterations in the river effected
through the slow and gradual erosion
and deposit OF alluvium.
The following extracts from the evil
dence are quoted by the presiding com
sioner in support of their view:
Jesus Serna.
@. When the change took place was
it slow or violent?
A The change was violent, and de-
stroyed the trees, crops and houses.
Ynocente Ochoa.
@. When the change took place was
it slow or violent?
A. AS I said before, it was some
times slow and sometimes violent
and with such force that the noise Of
the banks falling seemed like the
boom of cannon, and it was frightful-
E. Provincso.
Q. Explain how you know what you
A Because the violent changes of
the river in 1864 caused considerable
alarm to the city, and the people went
to the banks of the river and pulled
down trees and tried to check the ad-
vance Of the waters. was there some
times to help and sometimes simply
to observe 1 helped to take out fur
niture from houses in danger and to
remove beams Of houses, etc.
G. When the change took place was
1t slow or violent?
A I cannot appreciate what is meant
by slow or violent, but sometimes as
much as SO yards would be washed
away at certain points in day.
Q. Please describe the obstruction Of
the bank on the Mexican side that
you spoke of in your former testimony.
Describe the size of'the pieces OF earth
that you saw fall into the river.
A. When the river made the alarm
ng change it carried away pieces Of
earth. one yard, two yards. etc.. con
stantly, In intervals of a few minutes |
At the time Of these changes the peo-