the United States for the Third District of New Mexico, wherein the defendant companies were sought to be permanently enjoined from constructing a dam and creating a storage reservoir about 125 miles above El Paso, Tex., certain matters were developed to which I deem it my duty to call your attention, and concerning which I should like your assistance. This case was commenced very largely upon the request of your department during the administration of Mr. Olney. The direct occasion of the same, I understand to have been, the complaints of the Mexican authorities through their Ambassador, that by the diversion of water from the Rio Grande in Colorado and New Mexico, Mexico was being injured in her rights as to that portion of the said stream where the same forms a boundary between that Republic and the United States. It appears that large claims for indemnity for such injuries had been made by citizens of Mexico against the United States and filed in your department. The trial of the case above alluded to was commenced at Las Cruces, N. Mex., on December 12, 1899, and completed on December 23. During such trial great stress was laid by defendants' counsel upon the loss of water from the river by seepage through New Mexico and all along its course below El Paso, Tex., the claim being urged that the entire waters of the Rio Grande were lost before reaching Rio Grande City, Tex. The case was decided against the Government substantially upon this claim. It was an unfortunate fact that no such survey of the river below El Paso to Rio Grande City had ever been made, nor had any such measurement of its waters been taken throughout the same section as to enable us to meet this contention. During that trial the main witness of the Government was Mr. W. W. Follett, the consulting engineer of the International Water Boundary Commission stationed at El Paso, Tex. As such he is one of the officials of your department and I desire to herein acknowledge the very great service he rendered in the capacity of a witness. He was one of the few officials in that locality who remained faithful to the interests of the Government throughout the preparation and trial of this important case. His knowledge of the subject so far as the same has ever been investigated, his power of analysis, his clear and concise method of stating facts, and his undoubted caution and candor won the approval of the court and respect of all. The only difficulty lies in the fact that he had never had an opportunity to investigate that long stretch of river above alluded to. Now, in the belief that the Supreme Court will send the case back for another trial and in the interest of an investigation of a subject which ought to be of national and international interest and importance, I respectfully request that you give directions to the Inter national Water Boundary Commission to have such an investigation made under the management and direction of Mr. Follett; that it shall so far as practicable embrace the river from El Paso to Rio Grande City; that it may comprise at least such actual observations thereof as shall determine the character of the bed of the stream, and the breadth and capacity of the same without an overflow of its banks, this to be done every few miles at least by means of cross sections such as Mr. Follett has taken below Rio Grande City; also the width and approximate size of the valleys and cañons through which the stream passes; also the general character and size of the streams which are tributaries to the Rio Grande below El Paso so far as cross sections of the same made at or near the confluence of each with the main river, and other reliable indications may be obtained; also that such other cooperation with and assistance to the Irrigation Department of the Geological Survey, the Customs Division of the Department of the Treasury, and this department shall be directed by you as will place before the courts and Congress, if the same should be called for, as now seems likely a complete and fairly accurate knowledge of the subject. I feel satisfied that this can be done with no very great expense by such cooperation, and that no better man can be found as a leader and director of the work than Mr. Follett. The matter of time is of great importance. The river is now at low-water mark and will so remain probably till the spring floods which usually occur in April. The preliminary work can be done along the river now if begun without delay, and when the floods come it can be ascertained with reasonable accuracy what becomes of the water and we shall know what sort of a river it is. I trust, therefore, that you will find it possible to take almost immediate action in the premises. Very respectfully, JOHN W. GRIGGS, Attorney General. The Secretary of State to Gen. Anson Mills, Commissioner. Brig. Gen. ANSON MILLS, DEPARTMENT OF STATE, Washington, January 30, 1900. Commissioner for the United States, The United States and Mexican Water Boundary Commission, No. 2 Dupont Circle, Washington, D. C. SIR: I have the honor to communicate for your consideration and appropriate action copy of a letter from the Attorney General, dated January 24,1 touching certain facts brought out in the recent trial of the case of The United States v. The Rio Grande Dam and Irrigation Co. et al., and in which-having in view a possible retrial of the case the Attorney General asks that the International Water Boundary Commission have an investigation made of certain waters of the Rio Grande under the charge of Mr. W. W. Follett, engineer of the commission, who has already given testimony in the case. As it appears from the Attorney General's letter that time presses, I have to request that early instructions be given to Mr. Follett in the sense asked by the Department of Justice. I have the honor to be, sir, Your obedient servant, Enclosure: From Justice, Jan. 24, 1900. JOHN HAY. Gen. Anson Mills, Commissioner, to the Secretary of State. DEPARTMENT OF STATE, INTERNATIONAL (WATER) BOUNDARY COMMISSION, UNITED STATES AND MEXICO, The honorable the SECRETARY OF STATE, Washington, D. C. SIR: I have the honor to acknowledge receipt of your communication of January 30, with enclosures from the Attorney General of January 24, and to report that on the day of its receipt I proceeded to this point and requested of the Mexican commissioner a meeting to act on the instructions contained in your letter. I enclose herewith a copy of our joint journal, which will explain the action taken by the joint commission, and you will observe that the Mexican commissioner did not feel authorized to proceed with the work without submitting our journal to his Government for approval, but he promised to mail it to Mr. Mariscal to-day and to ask its early approval by telegraph, so as soon as he receives the approval, which I have no doubt he will, and I hope at an early date, although it would be not unusual that there should be some considerable delay, we will instruct our engineers to immediately take up the work. I have sufficient funds on hand to carry out this work for this fiscal year and if the appropriation estimated for is made by Congress I will have sufficient to carry it out during the next fiscal year. I have the honor to be, sir, Very respectfully, your obedient servant, ANSON MILLS, Brigadier General, U. S. Army, Retired, Commissioner. [Enclosure.] EL PASO, TEXAS, February 6, 1900. The joint commission met at the office of the Mexican commissioner at 2 p. m., pursuant to the request of the United States commissioner of yesterday. The United States commissioner then presented a letter received from the Department of State, enclosing copy of a letter from the Attorney General of the United States, in which he was directed to make investigations of certain water of the Rio Grande. The United States commissioner then requested the Mexican commissioner to join him with his commission in carrying out the investigations necessary to comply with the instructions which were contained in the letter and enclosure submitted, which are attached hereto, and that these investigations be had under the protocol, dated Washington, D. C., May 6, 1896, for the equitable distribution of the waters of the Rio Grande. The Mexican commissioner stated that he thought what the United States commissioner proposed was entirely necessary for the investigation of the equitable distribution of the waters of the Rio Grande and he begged to state in addition that he believes the work should be carried on conjointly under the commissioners by the two consulting engineers; and stated, besides, that it would be necessary for him to secure the consent of his department in the City of Mexico to the approval of this journal. The United States commissioner replied that the Mexican commissioner's suggestions were perfectly satisfactory and agreeable and that it was mutually agreed and understood that all these investigations were to be done conjointly, each commission having the same care and responsibilities and sharing the expense as had been done in all previous investigations. The joint commission then adjourned to meet at the call of either commissioner. ANSON MILLS. W. W. KEBLINGER. A. LONGORIA. Messrs. Follett and Corella, Engineers, to the International (Water) Boundary Commissioners. DEPARTMENT OF STATE, INTERNATIONAL (WATER) BOUNDARY COMMISSION, EL PASO, TEX., February 12, 1900. To the Honorable Commissioners, International (Water) Boundary Commission, United States and Mexico. GENTLEMEN: In reply to your joint letter to us of the 10th instant, enclosing copy of a letter from the United States Attorney General to the Secretary of State of the United States, asking that certain investigations be made along the Rio Grande and its tributaries, and your request to us to outline a plan of operations, making an estimate of the cost thereof, which seems to us necessary to obtain the data asked for, we report as follows: It is hard to tell from the letter of the Attorney General just what information is wanted, the reference from it being that a more or less thorough survey of the whole river between El Paso and Rio Grande City is proposed, as such a survey would be necessary to make cross-sections and obtain from them data comparable with those taken in former work below Rio Grande City. This would, of course, cost a large sum of money and take several years. From information, however, obtained by the United States consulting engineer at the trial of the case referred to in the Attorney General's letter, we can say that we believe a hydrographic study of the river and its main tributaries is what is wanted, showing especially what effect the flow past El Paso has on the lower river. In other words, we think that the Attorney General wishes to know how much water reaches Presidio del Norte from the upper river, how much enters the Rio Grande from the Conchos, how much water enters from the Pecos and Devils Rivers and how much the main river carries above and below the mouths of these streams, how much passes Eagle Pass and Laredo, how much enters from the Salado, Alamos, and San Juan Rivers, and, finally, how much passes Rio Grande City and Brownsville, Tex., in the main river, thus covering all sources of supply except the small tributaries and local rainfall, and enabling some approximate estimate to be made of the losses from seepage or gains therefrom along the whole river's course from El Paso to Brownsville. The estimate of cost which follows is based on the assumption that this is the information wanted. To obtain it will necessitate the establishment of gauging stations at the points named, 13 in number, and taking and record |