Imperial Valley press., 1919-09-11

Mr.. Swing In the Rio Grande cas-
il was proposed to take the water ou
inside of the United States. One O
the contention that was made was tina
they had used the water 300 years 1
Mexico, long before it had been use
in the United States. Senator Thorn
as made a speech on this subject,
very powerful speech. and almost ev
cry word of it applies TO the situation
on the Colorado River. In fact, in hi
concluding remarks he predicts tha
this situation would confront the Col
orado River, which prediction was full
filled The speech was made on Marct
% cnd "a, 1914, pages 1884 to 6006 OF
the Congressional Record. He winds
up with this statement:
If the Government can take the
waters of our State for a project
like this, then it can enter into
similar relations with Mexico con-
corning the peninsula of Lower
California with reference to the
waters of the Colorado River, and
lay a like inhibition upon the
States where sources of that great
river are found.
He quotes the opinion of Judsoh
Harmon, and with your permission /
viii file the speech, because it contains
Judson Harmon's opinion. (Opinion
Attorney General Harmon found in
appendix as "J.")
Mr.. Sinnol Is that on the theory
that the water belong to the States I?
Mr.. Swing. No sir; it is largely on
the question of international law
that as long as the water is in the
United States we can make any legiti-
mate use of it we see fit.
Mr.. Evans. Suppose, owing to the
diversion of water, those dams would
break and there would be considerable
damage to that territory; is there not
a possibility of Mexico setting up a
claim for damage against the United
States upon the ground that the diver
sion and use of the Colorado River hav-
ing caused damage from flooding Mex
lean soil?
Mr.. Swing. If the dam should break
on the American side?
Mr.. Evans. No; say, on the Mexican
side. Owing to the fact that we are
in agreement with them in some way.
could they set up claim?
Mr.. Swing. 1t is just opposite. Eigh-
ty thousand dollars worth of claims
are filed with our Secretary of State
against Mexico because of the break
that did occur in 1905-1 1906, which
was the result of the action of the
Mexican corporation in making an
open cut TO the Colorado River with
the consent of the Mexican govern
ment.
Mr.. Evans. 1t opens up a line of
thought as to cases in which enormous
damages might be claimed.
Mr.. Swing. Mexico is liable to the
United States citizens because a Mex
lean corporation has maintained that
dam and they have it under Mexican
control. Mexico absolutely declares
that Americans can not control that
water on their side of the boundary,
and that only Mexican corporation
can do that.
Mr. Taylor. That would be a matter
for the league Of nations to decide.
(Laughter.)
Mr.. Swing. | will refer to these two
proposition just for minute. | will
say that before this bill was intro
duced | had a talk with Ambassador
Fletcher | explained our situation,
and that we proposed to introduce a
bill long the line of this one. and I
said, Nov, will that embarrass vou
IN your relation to Mexico in any
way" and we talked the thing owe,
and he said, $50 ahead with it; intro.
duce it; we do not offer any objection ;
! prepared this brief on our interna
tonal relationship. from which ] have
! taken extracts, and took 1t around anc
filed it with the Department of Jus
tice, Mr. Caldwell being the parti
cular man to whom l was referred
and he read it over and he agreed witt
my conclusion.
In our treaties with Mexico tn
United States reserves to its citizen
and the vessels Of its citizens the fre
navigation of the Gulf of Californi
and the Colorado River. Nothing wa
said about the citizens of Mexico @
the vessels Of citizens of Mexico. /
fact. there were none there Their
has never been vessel in there ths
ever flew the Mexican flag; the nav
cation referred to is American / e,
this out of Judge Burch's report, IL
kind of navigation that do 90 {