Mohave County miner and our mineral wealth., 1921-07-01

equitable division of the waters of the Colorado River, and that agreement is ratified by Congress, it is certain that much litigation will be obviated. There will be no cause for an appeal to the courts because the matter will be determined in advance in a way that will avoid great expense and loss of time.
 MT. COOPER of Wisconsin. Will the gentleman yield?
 MT. HAYDEN. With pleasure. 1;
 MT. COOPER of Wisconsin. Has the gentleman or the committee con sidered the possibility of a complaint being made by the Government of Mexico unless that Republic is autho- rized to enter into negotiations in re- gard to a stream running into Mex leo?
 MT. HAYDEN. The Federal Gov ernment is the only party that could agree with Mexico and any represen- tation made by the Mexican Govern ment could be transmitted by the State Department for consideration by the Federal representative who will be appointed if this bill is passed. MT. COOPER of Wisconsin. Any agreement between the two countries would have to be ratified. MT. Hayden. If it is found to be necessary to give consideration to any claim made by Mexico for share of the waters of the Colorado the commissioner authorized to be ap- pointed by this bill as the representa- tive of the United States would be better qualified to advise the State Department than anyone else when ever diplomatic negotiations with Mexico are undertaken.
 MT. COOPER of Wisconsin. As the gentleman from Wyoming suggests, this committee will secure the infor- nation and the United States will know precisely what, if any, claims are made by Mexico.
 MT. HAYDEN. In an opinion rem dered by Judson Harmon, Attorney General of the United States, on De- cember IF, 1895, in the Rio Grande case it was held that a diversion of water for irrigation in the United States can not be the cause of com plaint by the Republic of Mexico to which serious consideration need be given by the United States. If there is a place in the United States where the waters of an international stream can be beneficially used for irrigation and diversion is actually made, Mex ico has no rights other than those which the United States may volun- tarily grant. In that opinion the Alt torney General said:
 I The fundamental principle of inter- national law is the absolute sover- eighty of every nation as against all others within its own territory. Of the nature and scope of sovereignty with respect to judicial jurisdiction, which is one of its elements, Chief Justice Marshall said Schooner Ex- change V. McFadden, I Cranch, p. 1861:
 "The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is suscep- tible of no limitation not imposed by itself. Any restriction upon it, deriv- ing validity from an external source, would imply diminution of it's sov- ereignty to the extent of the restrlc- tion, and an investment of that sov- ereignty to the same extent in that power which could impose such re- striction.
 "All exceptions, therefore, to the full and complete power of nation within its own territories be traced up to the consent of the nation itself. They can flow from no other legiti- mate source.
 It would be entirely useless to mul- tiply authorities. So strongly is the principle of general and absolute sov- ereignty maintained that it has even been asserted by high authority that admitted international servitudes cease when they conflict with the ne- cessities of the servient State. (Bluntschli, p. PIP; see criticism by Greasy, p. 258.) Whether this be true or not, it's assertion serves to empha- size the truth that self-preservation is one of the first laws of nations. No believer in the doctrine of natural servitudes has ever suggested one which would interfere with the en- joyment by a nation within it's own territory of whatever was necessary to the development of its resources or the comfort of its people.
 MT. ARENTZ. Will the gentleman yield?
 MT. HAYDEN. I yield to my good friend from Nevada.
 MT. ARENTZ. Is it the gentle mans idea that a commission might | be appointed later on to investigate the international conditions on the