The Secretary of the Interior to the Secretary of State. DEPARTMENT OF THE INTERIOR, Washington, February 7, 1923. The honorable the SECRETARY OF STATE. DEAR MR. SECRETARY: In accordance with your request of January 191 for a succinct statement in regard to the exact nature of the work accomplished by the Reclamation Service prior to December 13, 1909, the data to be used in connection with the Rio Grande claim now pending before the American and British Arbitration Tribunal, there is enclosed for your information such a statement together with marked copy of Volume I of the Reclamation Record for the years 1908 and 1909 which will give you in printed form more detailed statements in regard to the work in progress during that period. A copy of Specifications No. 110 of the Leasburg Canal and Dam is also being enclosed for your information. Briefly, the work accomplished to December, 1909, consisted of constructing the Leasburg diversion dam and canal, the operation of the same, and preliminary surveys and preparatory construction work in connection with the Elephant Butte Reservoir, all involving a total expenditure of about $400,000. Respectfully, ALBERT B. FALL, Secretary. Encl. 14763, prepared by Director R. S. [Enclosure.] MEMORANDUM OF WORK OF THE RECLAMATION SERVICE ON THE RIO GRANDE PROJECT PRIOR TO DECEMBER 13, 1909. 1902.-Reclamation act approved June 17, 1902. 1903.-Surveys along the Rio Grande were begun in March and topographic surveys continued during the summer of the canyons of the Rio Grande. Borings were made near the site of the Elephant Butte Dam in October and mapping and classifying of lands farther down the river were begun in August. 1904.-Surveys were continued of the irrigable lands and also of location for a diversion dam near Leasburg and preliminary plans and specifications prepared. Board of engineers October 22 recommended that surveys and preparation of plans for storage dam be continued. 1905.-Surveys were continued at Leasburg diversion and the Secretary of the Interior on December 2 made a definite allotment. [Not printed.-Agent's note.] 37973-23-48 of $200,000 for the construction of the diversion dam. Two water users' associations on the project were organized. 1906.-An act extending the activities of the Reclamation Service to the State of Texas was approved June 12. June 15 and 19, board of engineers reported on Leasburg Dam. Surveys and preparation of plans and estimates were continued and bids for the Leasburg diversion dam and canal were opened on October 16, contract awarded to John P. Nelson, and excavation commenced on November 29. Total expenditures to June 30, $55,000, including $6,800 for Leasburg diversion. 1907.-Construction work was continued on the Leasburg diversion dam and canals. A treaty with Mexico providing for distribution of waters of Rio Grande was proclaimed by the President January 16. March 4, construction of Elephant Butte Dam authorized and an appropriation of $1,000,000 made by Congress. No field work in connection with storage was done during the fiscal year 1907, the only work being looking up court and land titles for acquiring lands and rights of way. In December surveys were commenced at Elephant Butte Reservoir sites for roads, railroads, and town sites. Total expenditures to June 30, about $138,000, including $90,000 for Leasburg diversion. 1908.-Construction of the Leasburg Dam and Canals was completed in July, and irrigation was commenced by the service for the first time this year, about 17,000 acres being under cultivation. The adjustments of property rights and titles, and surveys in connection with preliminary work at the storage dam were continued. Total expenditures to June 30 nearly $267,000, including $191.000 for the Leasburg diversion. 1909.-Topographic surveys for the Elephant Butte Reservoir site were completed and construction of roads and railroads commenced. A concrete water tank was constructed and headquarters and camp buildings erected but the preliminary work was largely suspended in May, 1909, pending negotiations with the Victoria Land & Cattle Co. and other owners, to acquire their holdings lying within the site of the proposed reservoir and the right of way for the branch railroad from the main line to the dam site. Topographic surveys in valley continued and about 30,000 acres mapped. The total expenditures to June 30 about $381,000, including $202,000 for Leasburg diversion. At the close of the year the service was prepared to supply water without storage to about 22,000 acres of land nearly all of which was irrigated; 6 miles of canal had been constructed; a total of nearly 304,000 cubic yards of material had been excavated and nearly 3,000 cubic yards of concrete placed in connection with Leasburg Dam and Canal and the preliminary work at Elephant Butte. The Agent for the United States to His Britannic Majesty's Agent. AMERICAN AND BRITISH CLAIMS ARBITRATION, Sir CECIL J. B. HURST, British Foreign Office, London (England): Re Rio Grande claim. None of exhibits listed Memorial page 50 have been officially filed. Request that number of all exhibits required by rules be filed as soon as convenient, but meanwhile urgently request that Exhibits E, G, and H, which I am unable to identify, be filed immediately so as to enable filing Answer April 15th. I am very anxious to know if anything will prevent hearing this case July, since in that unfortunate event it is desirable for us at once to abandon making special effort required to file answer April 15 in accordance with previous arrangements for filing pleadings and trial of case. FRED K. NIELSEN. The Agent for the United States to Mr. Will R. King. Hon. WILL R. KING, 26 Jackson Place, Washington, D. C. MARCH 17, 1923. MY DEAR JUDGE KING: In examining records received from the Department of the Interior in connection with the preparation of the so-called Rio Grande case which is scheduled for arbitration under the special agreement concluded between the United States and Great Britain, August 18, 1910, it has come to the attention of this Agency that you were chief law officer of the Reclamation Service in the Department of the Interior from June 20, 1913, to June 15, 1920. It has been noted in particular that under date of November 1, 1915, you prepared a report on matters relating to the claim for Mr. A. A. Jones, at that time Assistant Secretary of the Department of the Interior. I beg to call your attention to Section 190 of the Revised Statutes of the United States, which provides as follows: "It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employé of any of the Departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pending in either of said departments while he was such officer, clerk, or employé, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employé." A memorial of His Britannic Majesty's Government in this claim, dated February 21, 1921, is signed by you as counsel. I have no doubt that, from a purely personal standpoint, any relations which you might have with this Agency in the capacity of counsel would be entirely agreeable. But I think it has been a practice, the propriety of which seems to me to be entirely obvious, for administrative and judicial officials of the Government to take cognizance of the Statute in dealing with persons to whom it may be applicable, and I therefore consider it proper that I should invite your attention to this law, as one which appears to have a bearing on your connection in the capacity of Counsel with the so-called Rio Grande case, which it is expected will be argued at the next session of the Arbitral Tribunal created by the Agreement of August 18, 1910. Sincerely yours, FRED K. NIELSEN. Agent for the United States. Mr. Will R. King to the Agent for the United States. Hon. FRED K. NIELSEN, 26 JACKSON PLACE, Washington, D. C., March 20, 1923. Agent for the United States, American and British Claims Arbitration, Washington, D. C. MY DEAR MR. NIELSEN: I am in receipt of yours of March 17, and am pleased to have your views with reference to the matters therein discussed. Replying, will say that I have been familiar for some time with the section you have cited, but have not deemed it in point in this instance as the provisions of this section are limited to claims pending before the department while said officer or clerk may have been in office. There was no claim, so far as I know, pending before the Interior Department during my term of office in reference to the Rio Grande. controversy. The matter which called for the report which I made on November 1, 1915, was due to a bill having been introduced in Congress for the relief of other parties affected by the construction of the Rio Grande Dam who had claims against the corporations represented by Doctor Boyd. These claims were inconsistent with the claim involved in the Rio Grande case. It was in order to be able to report to Congress on the subject that Assistant Secretary Jones called for my report. However, I have for some time been revolving in my mind another feature in this connection which may have a material bearing thereon and may justify my withdrawal from the case. But before taking any definite action I would like to take the matter up with you personally and will call soon for that purpose. Very truly yours, Affidavit of William C. Bradbury. UNITED STATES OF AMERICA, 88: RIO GRANDE IRRIGATION AND LAND COMPANY υ. THE UNITED STATES. WILL R. KING. Affidavit and claim on behalf of W. C. Bradbury and Company. William C. Bradbury, being first duly sworn according to law, on oath deposes and says: That he is a citizen of the United States and of the State of Colorado, and resides in the city of Denver, in said State; That at all times hereinafter mentioned he was a member of the firm of W. C. Bradbury & Co., the members of which said firm, at the times herein mentioned, were this affiant, H. V. Clark, W. F. Geddes, and D. D. Seerie, all of whom were citizens of the United States; That on the 21st day of October, 1896, said firm entered into a certain contract in writing with the Rio Grande Dam & Irrigation Co., for the performance of certain work and labor and the furnishing of certain materials in and about a certain irrigation project in Dona Ana County, Territory (now State) of New Mexico, all of which is fully and specifically described and set forth in said contract, a true copy of which said contract is hereto attached as a part of this affidavit and claim, marked "Exhibit A"; That on April 11, 1897, work under said contract was suspended upon the written orders of said company. That at the time of the suspension of said work there was due and owing to said firm from said company, on account of work, labor, and materials done and furnished, the agreed amount of $16,889.79; That no part of said sum has ever been paid, and said firm has never been able to enforce payment of the same; That the above named claimant, the Rio Grande Irrigation & Land Co., is the successor of the said the Rio Grande Dam & Irrigation Co. And said William C. Bradbury, on behalf of said firm, claims that if any award shall be made in favor of said claimant to be |