El Paso herald. (El Paso, Tex.) 1901-1931, 1917-07-11

4 neither this act nor the constitutional
provision upon which 10 is based COM
. prehends irrigation works so au-
f thorities are cited in support of this
view.
Cites Some Decisions.
EFT has been held f-us T. s. SD that
. postofUces. court houses. etc. are iu-
cluded property IN the terms Other
needful buildings and that a dam for
the improvement Of uavig cation is like
wise included 12- Fed. 5-0H. Il is
difficult 90 draw any fundamental dis
tlncUun between dam FOR the i'm
provemenr Of navigation and one for
impounding waters for irrigation pu--
poses, both purposes having been held
by the L. = supreme court TO be au-
thorized by the constitution Ger
taiuly a dam OF this character. with
the other necessary buildings used in
connection with DO. falls as properly
this term. under the rule Of ejesdem
generls as a national cemetery. which
is hardly 10 be construed strictly as
a building. Yet Jurisdiction over the
santa TIE national cemetery IS ceded
1t is my BELIEF that irrigation
works must have been contemplated
when jurisdiction was ceded by the
sections hzreiu1efore quoted. To my
mind the provision that Jurisdiction Is
in the United States lends coEfirma-
ton 10 this view This provision Ger
tainiy is more applicable TO irrigation
WORKS Khan any other property OF the
United states On New Mexico. and We
must iup--e 10 the legislature some
purpose IN the use Of this language
The attorney general states that
this land was acquired for the Ele-
plant Butte reservoir after the pass
age OF the state act cedinE jurisdic-
ton In this he is only partly correct.
A large part OF the land was acquired
in 1913 and 1915, long after the
passage Of the act as the official rec
ords show.
Can Catch some Fish Anyhow.
''The opinion is concluded with the
comprehensive statement that licenses
should be eXaCred OF every one fish
law no license is required 90 fish for
and catch cat fish and carp lthe prin-
cipal fish in the reservoir, nor Is any
license required Tor catching any other
fish except those defined by the
statutes as game fish Upon what F.
license may be required OF .
any one. resident or nonresident who +
fishes only for cat fish and carp and ]
does not violate the law OF the state, /
is cOnjeCtural only. Il may be pre- ]
iicted upon some such theory as that /
outlined by the warden in his letter I
to me OF June 20, 1917, from which l J
quote as follows
&c You can no doubt see for your
self that were we 20 permit any DICK, /
Tom and Harry TO drive up there 3
Elephant Butte n their machines,
Of 20 up on the train on the single i
plea that they were coming TO Ele-
plant Butte 10 fish. IL would be only
q short time before they would be
-arryinE shot-uns and rifles in their
ears and taking a shot at every ante
ope, convey Of quail or anything else
hat they might see enroute- For this
reason this department has been 80
nsistent upon Imposing a fishing
license upon nOnresidents.'
Not Speaking For Government.
Il wish IL distinctly understood that
this IS not an opinion by me in my
official capacity, but is merely q per-
sOnal statement made for the purpose
already declared. The views here eN-
Jressed are not 10 be understood as
-eflectine those Of the interior depart
uenl or or any government official
The United States, as matter or
policy. does not wish 90 take any part
n this matter. which is one solely for
settlement between the state officials
and those who wish TO fish In the res
srvofr- However. iuasmuCh as I have
been frequently quoted in the news
lauers contrary 90 my wishes. ana
he attorney general has seen fit 10
zive wide publicity TO his opinion I'm
rrfcn my contentious are enormously
set forth. I consider that Justice 90
myself REQUIRES that my position be
made clear. IL is quite possible that
ny contentious are without merit. but
am at least entitled TO have them
properly presented.