El Paso herald. (El Paso, Tex.) 1901-1931, 1917-07-11
ND LICENSE To
FISH At DAM
Porter W. Dent Takes Is
sue With New Mexico
Attorney General.

N A--E nave no Lt~ILt I'd E...f
INFO the newspaper controversy viii
. the attorney general or game warder
. OF New Mexico. 7 feel that IL is in
I cumbent upon me to make clear Do.
7 position in the matter Of fishing 10
/ Elephant Butte reservoir. in view o.
the sarbled and perverted statemen
. Of my contentious as set forth in " ha
purports 20 be a quotation iu Tn.
Herald Of july 2. from the opinion OF
the attorney general" said Porter W
Dent, OF the legal department OF III.
L. :. reclamation service
IF the examination BY the attorney
general Of the statutes and aurhori-
ties bearing on this question generally
has been characterized by the same
thoroughness and care with which he
appears TO have read my letter 10 the
game warden. mis- opinion must le re-
garlec as a very carefully considered
one, 10 which great weight should
attach.
In this opinion il is stated that ]
urged two couteutl0ns-une that tho
government is the owner of the land
and OF the water the other. that
since the reservoir viii ultimately De
t1-4 lNI- 4ll part AN the - dAEL ASEL
OF Texas they should be allowed 90
fish therein without license
Was MisquOted.
My letter states in language free
from ambiguity that the contention
first mentioned is not per Sc based
upon the ownership by the United
States Of the land and the water. but
upon the statutes OF New Mexico re-
laUng 10 private lakes and reservoirs.
Sec -iS5- New Mexico Statutes. 1915.
provides as follows
The provisions Of this article in
relation TO private parks and lakes,
and the licensing thereof for the
keeping and propagation Of game and
game fish therein shall apply TO every
park or lake or such part there as
is on land held in private ownership,
and 20 every lake the water OF which
OF The right TO use such water. in
whole or DO part. has been or may
hereafter be acquired under laws OF
this state. or OF the United States, for
irrigation purposes, and the owner OF
) I en- --t.ll or "alel sl"l re deein ,-l
the proprietor Of such park or lake
and of the game or fish therein 20
the extent Of this ownership Of such
land and water
He Asks to Know
The attorney general holds that
this has no reference 10 lakes such as
Elephant Butte il this is true 7 am
curious 10 know what significance he
attaches 20 the use Of the words
water right acquired under the laws
OF the United States and 10 what
reservoirs or lakes in New Mexico this
could apply except those Of the recla-
nation service. The attorney general
further contends that before a reser-
-olr can come within the puryiew OF
his and the succeeding sections u
must be Of such a nature that there is
10 communication between IL and the
20 nj
.ention does not comport with the
provisions Of section -+96. which
'iearly provides for licensing private
axes and reservoirs even thou-h con-
leCted with the public waters q the
The comments Of the attorney gen
raj upon the rights Of the United
states 10 control the public domain
generally by reason OF the ownership
hereof is IN my opinion, the merest F..
lapd0odle. there being no analogy .
3 hatever between the public domain .
.t large and private lakes or reser- +
-Oirs as defined by the state statute. .
Matter OF Police Control.
Il made no such contention as that .
tated in regard to the legal rights .
{ The Texas water users 70 fish IN
he reservoir without license. I men
toned the protest OF the Texas people .
8 Illustrative Of how the matter had
cen brought 10 my attention, and as
hOwiuE their point Of view, namely.
hat the matter OF fishing is a matter /,
Z police control which should be e1-
rclSed by the United States after the
manner Of sanitary regulations. etc
he attorney general has used quite
bit Of perfectly good white paper in
usWering a contention not made by
be and certainly not offered in the
ense in which taken
Ny principal contention on the
latter % nrr~f=fH fa~rnw Hhr=
50 Of the United States revised
tatutes provides. in part, as follows
No public money shall be eL-
ended upon any site OF land pur-
hased by the United States for the
urpOse Of erecting thereon any
rmory, arsenal. fort. fortificatiou,
avy yard, custom house, light house.
p other public building Of any kind
lateFer. until the consent Z
T the legislature OF the state in
hich the land or site may be TO such
urchase has been given
Act Cedlng Jurisdiction.
1T is this act Of congress which
rompted and rendered necessary the
assage OF the state act ceding iuris-
lotion, which reads as follows
The consent Of the state OF New
leNicO is hereby given. in accordance
With the 18th clause. eighth section. &
Z the first article Of the constitution
Z the United States. 10 the acquisition z
y the United States by purchase, con-
emuation or otherwise of any land I'm Z
his state required for sites for GUS
ON houses, court houses. p0stoffices. .
rsenals. or other public buildings :
-hatever, or for any other purpose
Z the government fSec. 5562l.
e Exclusive jurisdiction I'm and over
he land so acquired by the United 6
tates shall be and the same is here
y coded 10 the United States for all :
except the service upon such
ties OF all civil and criminal process
the courts OF this state bur the 8
so ceded shall continue no
onEer than the United States shall
wn such lands (Sec. $500
1T would have been difficult for 7
his act 10 have been couched IN
roader terms
The attorney general contends that