El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-28
AMERICANS MAY CLAIM MEXICAN
TERRITORY As RESULT OF PUGA's STAND

Herrera and all of the Mexican Of
ficials who have had anything to do with
this case have been kindness persona
fled While they have never told me
SO in that many words, I believe that
as a general thing, the Mexican Of
flclals are now convinced that the boys
were arrested on American soil, and
that If it were possible for the local
authorities to let them go, as would
be the case In any error in justice in
the local courts under ordinary cir
instances. the boys would be released
within the next hour. But the case has
now become an international question,
matter for the diplomats, and it takes
time for an exchange of ideas between
Mexico City and Washington I believe
that it is due to the fact that so much
time is required in these international
questions that the boys have not been
released before this"
The Technical Side.
Concerning the technical side of the
case, Mr.. Converse said:
st accompanied county surveyor Eu-
bank and his two deputies to the spot
where the two boys were captured, last
Friday. Let me explain that the place
where the boys were eating lunch and
where they were arrested has been
identified by at least five witnesses.
There is absolutely no dispute about
the location. Even the witnesses for
the Mexican government agree with
our witnesses in this respect. The case
turns entirely upon the point of wheth-
er this spot is in the United States or
Mexico. It is three miles almost due
south of Tornillo, IS miles down the
Rio Grande from FL Paso.
Senor Puga, the Mexican member
of the international boundary commits
sion, says that he thinks the place
where the boys were captured is in
Mexico, but adds that the only way to
definitely settle that question is to
have a survey made. We have COM
pIeted our survey but so far as I know
up to the present time no survey has
been made by the Mexican government.
The findings of county surveyor Eu-
bank are to the effect that the boys
were at least 400 feet from the boun-
dairy line.
"As I understand it, senior Puga bases
his contentious upon the supposition
that an old, abandoned and almost OBJ
liberated channel is the river-not the
present channel The treaty of Guada-
lupe Hidalgo of 1853 and the treaty of
1884 says that the dividing line shall
forever be the center of the normal
channel of the river, Notwithstanding
any alterations in the banks or in the
course of the river, provided that such
alterations be effected by natural
causes through the slow and gradual
erosion and deposit of alluvium and
not by the abandonment of an existing
river bed and the opening of a new
one
In order to sustain his contention,
senior Puga viii have to show that since
the signing of the treaty, the river
abandoned its old bed and formed a
new one by emulsion or sudden aban-
donment and not by slow and gradual
erosion or wearing away of the bank
High Banks on This Side.
I'm the work of helping county sur
veyor Eubank I personally carried the
transit from the government monu-
ments at Tornillo all the way TO the
place where the boys were placed IN
der arrest and then on down the river
During the entire trip we could not
find any evidences OF any river channel
which could possibly have existed there
during the past 5S years or since the
signing of the treaty of Guadalupe
Hidalgo. We found a remarkably well