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Gen. Anson Mills, Commissioner, to the Secretary of State.

DEPARTMENT OF STATE,

INTERNATIONAL (WATER) BOUNDARY COMMISSION,

UNITED STATES AND MEXICO, Washington, D. C., September 25, 1897.

To the honorable the SECRETARY OF STATE,

Washington, D. C.

SIR: I have the honor to represent that the proceedings of the special international commission organized to study the question of the equitable distribution of the waters of the Rio Grande near El Paso, Texas, whether by Dam or otherwise, forwarded to your office by me about November 1st, 1896, have been much misrepresented by interested parties and, as I think, to the great detriment of an amicable adjustment of the questions at issue between the two Governments. To the end, therefore, of an intelligent understanding of just what was done and recommended to be done, I request permission to print and publish our proceedings in full, and, if this request be granted, that they be returned to me at the above address for that purpose. The expense of printing can be defrayed from money of the commission now in my possession.

I have the honor to be,

Very respectfully, your obedient servant,

ANSON MILLS,

Brigadier General U. S. Army (retired),
Commissioner.

The Solicitor General to Mr. J. H. McGowan.

Hon. J. H. McGowan,

DEPARTMENT OF JUSTICE,

Washington, D. C., October 23, 1897.

McGowan Building, Washington, D. C.

SIR: After a very careful consideration of the question in all its phases, I have felt constrained to direct an appeal to the Supreme Court of the United States from the decree of the Supreme Court of New Mexico, in the case of the United States v. The Rio Grande Dam & Irrigation Co. et al.

Realizing the desirability on both sides of an early disposition of the case, I am willing to join with you in a motion to advance it to an early hearing, as soon as the record reaches the Supreme Court. Very respectfully,

JOHN K. RICHARDS,

Solicitor General.

The Third Assistant Secretary of State to Gen. Anson Mills, Com

missioner.

DEPARTMENT OF STATE,

Washington, October 26, 1897.

Brig. Gen. ANSON MILLS, U. S. A.,

Commissioner of the United States, International (Water)
Boundary Commission,

Washington, D. C.

SIR: I have to acknowledge the receipt of your letter of the 25th ultimo, stating that by reason of misrepresentations by interested parties to the detriment of an amicable adjustment of the questions at issue between the Governments of the United States and Mexico, you request that the Proceedings of the Special International Commission organized to study the question of the equitable distribution of the waters of the Rio Grande and which were transmitted to this Department by your letter of November 25, 1896, might be returned to you with permission to print so that an intelligent understanding of just what was done and recommended to be done may be had.

As this matter has not yet reached a conclusion, the department feels, notwithstanding your statements, that it would not be justified in complying with your request to print.

Respectfully yours,

THOS. M. CRIDLER, Third Assistant Secretary.

Col. W. J. Engledue to the Secretary of State.

RIO GRANDE IRRIGATION & LAND CO. (LTD.),

34 VICTORIA STREET,

Westminster, London, 13th November, 1897.

To the honorable the SECRETARY OF STATE,

State Department, Washington, United States of America. SIR: Re the Rio Grande Irrigation & Land Co. (Ltd.): I have the honor to inform you that the following cablegram was despatched by me on 10th November, 1897, to the honorable Attorney General, State Department, Washington, viz:

"I respectfully call attention to great loss being inflicted upon Rio Grande Irrigation & Land Co.'s works, credit, and future by your Government delaying decision Rio Grande appeal case.Colonel Engledue, Chairman, % Edenized London."

This cablegram had reference to the appeal now pending in the High Court, Washington, relative to the Rio Grande Irrigation & Land Co. (Ltd.), of 34 Victoria Street, London, England, of which I am the chairman, and I am authorized by the board of directors to respectfully urge that an early date may be fixed for

the hearing of the appeal, as delay will greatly increase the damages sustained by my company through the action taken by your Government.

I am desired to inform you that it is our intention to make a claim for damages against your Government as soon as the amount can be estimated.

I trust you will excuse me if I was in error in despatching the above cablegram direct to the Attorney General, as perhaps it should have been sent to you, and I must plead my ignorance of the usual procedure in such cases.

I have the honor to be, sir,

Your obedient servant,

W. J. ENGLEDUE,
Colonel, (late) Royal Engineers,
Chairman the Rio Grande Irrigation & Land Co. (Ltd.).
The Assistant Secretary of State to Col. W. J. Engledue.

W. J. ENGLEDUE, Esq.,

DEPARTMENT OF STATE,

Washington, November 23, 1897.

Chairman Rio Grande Irrigation & Land Co. (Ltd.),

No. 34 Victoria Street, Westminster, London, England. SIR: I have to acknowledge the receipt of your letter of the 13th instant confirming your telegram of the 10th instant to the Attorney General, respecting the delay in the decision of the "Rio Grande appeal case," and, in reply, to inform you that a copy of your letter has been sent to the Attorney General for his information.

Respectfully yours,

ALVEY A. ADEE,

Assistant Secretary.

The Assistant Secretary of State to the Attorney General.

DEPARTMENT OF STATE, Washington, November 23, 1897.

The honorable the ATTORNEY GENERAL.

1

SIR: I have the honor, by direction of the Secretary of State, to enclose herewith for your information copy of a letter from Mr. W. J. Engledue, chairman of the Rio Grande Irrigation & Land Co. (Ltd.), dated the 13th instant, confirming his telegram to you of the 10th instant in regard to the delay in the decision of the Rio Grande appeal case."

Respectfully yours,

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Enclosure as above.

1 For enclosure, see ante, p. 342.-Agent's note.

ALVEY A. ADEE,
Assistant Secretary.

The Acting Attorney General to the Second Assistant Secretary of

Hon. A. A. ADEE,

State.

DEPARTMENT OF JUSTICE,

Washington, D. C., November 26, 1897.

Second Assistant Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 23d instant, enclosing a copy of a letter from Mr. W. J. Engledue, chairman of the Rio Grande Irrigation & Land Co. (Ltd.), London, England, dated the 13th instant, in relation to an early hearing by the Supreme Court of the case of the United States v. The Rio Grande Dam & Irrigation Co.

The department is using every effort to have the case docketed at the earliest moment, and will shortly submit a motion to the Supreme Court to advance the case for early hearing.

Very respectfully,

J. K. RICHARDS, Acting Attorney General.

The Acting Secretary of State to Col. W. J. Engledue.

W. J. ENGLEDUE, Esq.,

DEPARTMENT OF STATE, Washington, December 3, 1897.

No. 34 Victoria Street, Westminster, London, SW., England. SIR: In reply to the inquiry contained in your letter of the 13th ultimo, I have to say, merely and simply as a matter of information, that the department has received a communication from the Attorney General in which he states that he is using every effort to have the case of the United States v. The Rio Grande Dam & Irrigation Co. docketed at the earliest moment, and that he will shortly submit a motion to the Supreme Court to advance the case for early hearing.

Respectfully yours,

ALVEY A. ADEE,
Acting Secretary.

Col. W. J. Engledue to the Acting Secretary of State.
RIO GRANDE IRRIGATION & LAND CO. (LTD.),
34 VICTORIA STREET,

Westminster, London, SW., 14th December, 1897.

The Hon. ALVEY A. ADEE,

Acting Secretary, State Department,

Washington, D. C., U. S. A.

SIR: I beg to acknowledge the receipt of your favor of the 3d instant, and have to thank you for your courtesy in affording me the information therein contained.

I note with much satisfaction that the Attorney General is endeavoring to obtain an early hearing of the "Rio Grande appeal case," as the failure to accept as final the decision of the Territorial supreme court dismissing the injunction against the company is adding materially to the losses sustained by my company in consequence of your Government's attempt to invalidate the valuable rights and privileges conceded to the Rio Grande Dam & Irrigation Co. by the Federal authorities under Mr. Cleveland's administration—rights subsequently acquired by the Rio Grande Irrigation & Land Co. (Ltd.).

I may perhaps be permitted to state that the right (now controlled by my company) to impound and appropriate the flood waters of the Rio Grande for irrigation purposes having been legally acquired by the Rio Grande Dam & Irrigation Co. under the Territorial laws of New Mexico and under the Federal statutes-rights formally approved by the late Secretary of the Interior-my board are wholly at a loss to understand the attempt now being made by the State Department to invalidate our rights and confiscate the valuable works on the Rio Grande carried out with friendly British capital.

I enclose copy of my speech delivered, as chairman of the board of directors of the English Company, at the statutory general meeting of the shareholders, held, under the acts, on the 3d instant, from which you will perceive that in explaining to the shareholders of the company the action of your Government I have endeavored to justify to the public our belief that your Government is not antagonistic to British capital nor opposed to our plans for the colonization and development of the Rio Grande Valley.

Again thanking you for the courtesy of your reply, I am,
Yours respectfully,

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The ordinary general me ting of the Rio Grande Irrigation & Land Co. (Ltd.) was held yesterday at the Westminster Palace Hotel, Victoria street SW., Col. W. J. Engledue (the chairman of the company) presiding.

The secretary (Mr. A. Simpson Slater) having read the notice convening the meeting, the chairman said:

This meeting has been called merely in order to comply with the requirements of the acts, but as the position of the United States

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