Imperial irrigation district Compania de Terrenos y Aguas de la Baja California, S. A.-Continned

Mr. RAKER. Can you tell me now how many cubic feet per second is the largest amount that you have ever been able to appropriate because of the shortage?

Mr. SWING. You mean in the month of September?

Mr. RAKER. Yes.

Mr. ROSE. In some years in the month of September there is probably 10,000 or 15,000 second-feet in the river; others very low. Here is another statement of that. Judge Swing covered it this morning.

Mr. RAKER. Before you pass that I want to get this in, if it is a fact. You have at times appropriated the full amount of your claim?

Mr. Rose. No; about 6,500 second-feet is the most we have ever appropriated.

Mr. RAKER. That is because you have been working and preparing and have not enlarged your plant so as to carry the 10,000 second-feet?

Mr. ROSE. We are going on appropriating more and more all the time, expecting some day to reach the total amount of our appropriation. We have proceeded diligently. Each year it has gradually increased up to the present amount and we expect to go ahead and finally make the total appropriation.

Here is comparative water delivery in acre-feet to water users in the United States and Mexico. Now, I will read you some of the figures, giving you the date in the United States and Mexico, giving you first the figures in the United States, month, and year, and then I will give you the figures in Mexico.

For instance, in 1921, we used in the United States in May 48,000 acre-feet of water.

In Mexico in that same month we used 62,000 acre-feet.

I am not reading the fractional figures.

In July of that same year, 1922, we used 67,000 acre-feet of water in the United States and 81,000 in Mexico.

In 1922 in July we used 89,000 acre-feet in the United States and 99,000 in Mexico.

In August, 1922, we used 71,000 acre-feet in the United States and 107,000 in Mexico.

In September, 1922, we used 60,000 acre-feet in the United States as against 79,000 in Mexico.

In 1923 in April we used 92,000 acre-feet as against 96,000 in Mexico.

In July we used 102,000 acre-feet in the United States as against 122,000 in Mexico.

In August we used 89,000 acre-feet in the United States as against 117,000 in Mexico.

Do you want me to file that?

Mr. RAKER. I think you had better file it.

(The statement is in full as follows:)

Comparative water delivery in acre-feet to water users in the United States

Comparative water delivery in acre-feet to water users in the United States and Mexico-Continued

Mr. ROSE. Now, I have only one more thing. I have a statement that has been mailed to me from the home office telling of the interferences that have happened in Mexico under the administration of the man who appeared in this office the other day; and while I have testified to some of them, possibly I had better have Mr. Heald read them, as long as I have been questioned about some of them, to go into the record.

Mr. LEATHERWOOD. Interference from whom?

Mr. ROSE. That is mailed to me by Mr. Carberry, chief engineer of the Imperial irrigation district and general manager of the Mexican company.

Mr. LEATHERWOOD. Interference with what? I did not get the statement you made.

Mr. ROSE. Interference with the operation of the water system in Mexico and the levee system.

Mr. LEATHERWOOD. From whom?

Mr. ROSE. Well, from the Mexican officials. We have always held this, and I think we are right; I think we are right under the charter provision-the man who was sent up there by the Mexican Government, and who was sent up there on our pay roll until this man came on and we paid, was there not only to see that we operated according to law but to see that we were allowed to operate. He was a representative of the Mexican Government, and we have complained to him about these things. We have always felt it was our privilege.

We have felt that was the purpose for which they received our

money.

Mr. SWING. I wonder if that can not be put in the record.
Mr. RAKER. I am agreeable, if Mr. Leatherwood is.

Mr. LEATHERWOOD. What I am trying to find out is whether there is any accusation against Majarada and his administration. Mr. ROSE. These were all under his administration that I have here.

Mr. LEATHERWOOD. At what time during his administration?
Mr. ROSE. Yes; the date he came on was in 1921.

Mr. LEATHERWOOD. He went into office some time in 1921.

Mr. ROSE. You take these records and you will find by reading them through that practically all of them are dated after that time; I think none before. There is one in there that does not bear date. That, I think, is since.

Mr. LEATHERWOOD. What is there here to show that Mr. Carberry ever made that statement or approved of it?

Mr. Rose. I am under oath, and I state he sent it to me.

Mr. LEATHERWOOD. I object to it unless Mr. Carberry approved it. Mr. SWING. Let it go as a statement of the witness.

Mr. LEATHERWOOD. If he adopts it as his.

Mr. ROSE. I will say the statement is true.

Mr. LEATHERWOOD. If you put this in the record, I shall probably wire the Mexican authorities to come and refute it.

Mr. ROSE. I would not have any serious objection to having objec

tions to us from Mexico as well as the Chandler crowd.

Mr. LEATHERWOOD. Never mind about the Chandler crowd.

Mr. ROSE. Well, he was here.

Mr. LEATHERWOOD. But you did not make any accusation until he got away.

Mr. ROSE. We didn't get on the stand until the other day.

Mr. RAKER. He is still here in town.

Mr. LEATHERWOOD. Do you know that he is here?

Mr. ROSE. He is here as far as I know.

Mr. RAKER. Have you read this statement?

Mr. ROSE. I have.

Mr. RAKER. Are the facts therein true?

Mr. ROSE. The facts therein are true. I know it. While I was not personally on the ground I knew of it; I have known of it for some time. And I testified to most of them in my own testimony, but I wrote to Mr. Carberry and asked him to send me his memorandum.

Mr. LEATHERWOOD. You introduce it as your statement?

Mr. ROSE. I introduce it as a statement sent me by the general manager of the Mexican company and the chief engineer of the Imperial irrigation district, and I have also testified to the things in my own direct testimony.

Mr. LEATHERWOOD. Why did you not have Mr. Carberry sign it? Mr. ROSE. Well, I did not ask him to sign it. I wrote him to send me his memorandum of certain things.

Mr. LEATHERWOOD. It is very unusual to have a thing of that kind come without signature and even have some pencil memoranda on it.

Mr. Rose. It is not unusual to do certain things that may seem strange to you when you understand that Mr. Carberry is compelled to operate south of the line in a country where it is really very hard for a man to operate, where there are no laid-down rules and he is in contact with this man all the time.

Mr. LEATHERWOOD. Where is Mr. Carberry now?
Mr. ROSE. Imperial Valley.

Mr. LEATHERWOOD. At what place, El Centro?
Mr. ROSE. He lives at Calexico.

can be reached at either place.

Calexico is our office, and he

Mr. LEATHERWOOD. If you put that in I am going to insist on Mr. Carberry coming here.

Mr. SWING. You can not take him away from the works. Let it go in as Mr. Rose's statement. He adopts it and makes it as part of his statement.

Mr. LEATHERWOOD. He makes it as a statement of Mr. Carberry. Mr. SWING. Let it go in. It saves the time of reading it.

Mr. LEATHERWOOD. I do not care whether it is read or not.

Mr. SWING. You adopt this and make it part of your statement? Mr. ROSE. Yes.

Mr. SWING. All right.

Mr. LEATHERWOOD. I will insist on Mr. Carberry coming before the committee.

Mr. SWING. He can not come.

Mr. ROSE. If Mr. Leatherwood wants to protect the Mexicans I have no objections to withdrawing it. It is all in my testimony before this committee. I have testified to it originally, and it is true, and I have nothing to back up on. Now, if it is going to cause another delay to protect the Mexican crowd I will withdraw it. Mr. LEATHERWOOD. I do not think it will cause any delay, but I want to get to the bottom of this.

Mr. ROSE. We want to get this bill reported.

Mr. SWING. I do not want any controversy about it. If you do not want it to go into the record it will be withdrawn.

Mr. LEATHERWOOD. It is very strange if Mr. Carberry would make a statement of that kind in the face of letters that have gone in here without any question as to their authenticity.

Mr. ROSE. I know the facts in it and have testified to it, and I asked him to send me a statement concerning things, and that is the statement.

Mr. LEATHERWOOD. Very well, if you say that Mr. Carberry can not come here and that he made this statement, will you forward that to him there and let Mr. Carberry go before a notary and make affidavit that this is his statement?

Mr. Rose. If it will not hold up action on the bill.

Mr. LEATHERWOOD. It will not hold up operations.

Mr. SWING. We want the hearings closed to-night and do not want anything that is going to postpone it and project it into the future. It takes five days for a letter to go there and five days to come back.

Mr. LEATHERWOOD. The members of this committee have some rights as well as the people of California, and it is not necessary that the hearings close to-night.