22 THE IRRIGATION AGE. 



the authorities at Washington to build, wholly at the expense of the 

 United States, an international dam at El Paso for storing the waters 

 of the river. 



For reasons that will probably be made public at an early date, it 

 would also appear, judging by certain departmental correspondence 

 only recently brought to light, that this so called International Dam 

 scheme is not altogether lacking in official support at Washington, 

 and that a most iniquitous "job" has been attempted, 



Although the Elephant Butte Storage reservoir of the irrigation 

 company may be made to serve every purpose, namely supply the 

 whole valley of the Rio Grande above as well as below El Paso, on 

 both the American and Mexican sides of the river, at far less cost than 

 would have to be incurred by the United States in carrying out the 

 proposed International Dam scheme, the promoters of the international 

 project and their official backers, anxious to profit by the millions 

 Uncle Sam would have to expend in compensating for the valuable 

 properties that would come within the proposed international reser- 

 voir, have not hesitated to maliciously misrepresent the objects of the 

 English company, and have endeavored by every possible means to 

 have the waters of the Rio Grande Dam & Irrigation Company's 

 rights set aside on the ground that in leasing its franchise and under- 

 taking to an English company, it had violated the Alien Act. Having 

 failed in this, the authorities were beguiled into an action against the 

 company with an object of invalidating the company's titles and con- 

 fiscating its works on the absurd ground that the Rio Grande is navi- 

 gable, and that in damming the Rio Grande in New Mexico, above El 

 Paso, section 7, Ch. 907, Act of Congress 1890 had been violated by 

 the company. The act in question reads as follows: 



"That it shall not be lawful to build any warf, pier, dolphin, boom, 

 dam, wier, breakwater, bulk head, jetty or structure of any kind out- 

 side the established harbor lines or in any navigable waters of the 

 United States where no harbor lines are or may be established with- 

 out permission of the Secretary of War in any port, roadstead, haven, 

 harbor, navigable river or other waters of the United States in such 

 manner as shall obstruct or impair navigation, commerce or anchorage 

 of said waters." 



To those familiar with the characteristics of the Rio Grande, the 

 contention of the authorities that this river is navigable in New 

 Mexico is more suggestive of dishonesty than possible ignorance. 



So far the attempts to invalidate the company's rights and confis- 

 cate its works have been in vain. On the 3rd of June, 1897. Judge 

 Bantz, of the Territorial District Court, dismissed with costs the in- 

 junction against the company, and upon the Government appealing to 

 the Territorial Supreme Court, that court also dismissed the appeal 

 with costs in favor of the company. 



Much evidence was taken, and it was ruled that 



1. "Under the treaties with Mexico each republic reserves all 



