You will please place yourself in communication with Colonel Mills and ascertain from him, as far as possible, the existing condition of affairs. You may, if you think proper, communicate to the persons in charge of the Rio Grande Dam & Irrigation Co. the views of this Government as indicated in the opinion of the Attorney General herewith sent you. If that company should disregard the admonition conveyed in that opinion and persist in their alleged purpose of obstructing the navigation of the Rio Grande by the construction of their dam, or otherwise, you are authorized and directed, in accordance with section 10 of the act approved September 19, 1890, to take such proper proceedings in equity as may be necessary to restrain the company, its agents and employees from constructing or maintaining the threatened obstruction. You will report promptly to this department the proceedings. Very respectfully, HOLMES CONRAD, Acting Attorney General. No. 251. The Secretary of State to the Mexican Minister. DEPARTMENT OF STATE, Washington, May 12, 1897. SIR: Referring to your notes of August 4, 1896,1 and March 27, 1897,2 with reference to the proposed construction by the Rio Grande Dam & Irrigation Co. of dams across the Rio Grande River to the impediment of navigation, I have the honor to inform you that the Secretary of War, to whom the subject was referred by my predecessor, in turn referred the matter to the Attorney General for a decision as to the power of the War Department to prevent the construction of the proposed dams. I enclose herewith copy of the letter from the Secretary of War covering the opinion of the Attorney General to the effect that the Rio Grande from a point above Elephant Buttes down is a navigable water of the United States, and that the Secretary of War can and should prevent the erection thereon of any dam or other obstruction to the natural flow of the water which will impede navigation. The Secretary of War has returned the papers to the Chief of Engineers, so that if it is ascertained that the obstruction complained of has been or is about to be erected, the Attorney General may at once order proper proceedings to be instituted by the United States district attorney under section 10 of the act approved September 19, 1890. Accept, etc., JOHN SHERMAN. Enclosure: From Secretary of War, April 29, 1897, with opinion of Attorney General. Gen. John M. Wilson, Chief of Engineers, to Col. Anson Mills, International Boundary Commission, San Antonio, Tex. COLONEL: As it is believed to be a matter of considerable interest to you, I beg to advise you that the Attorney General has informed 1 [See ante, p. 235.-Agent's note.] 2 [See ante, p. 316.-Agent's note.] [For enclosure, see ante, p. 323.-Agent's note.] 37973-23-22 335 |