The Mexican Commissioner then stated that it was necessary to have these papers or copies thereof in order that the Joint Commission could make a full answer relating to all such matters. To this Mr. Dougherty replied that he would deliver to the Joint Commission full copies of the communications to-day or to-morrow (18th or 19th).

The Mexican Commissioner then asked Mr. Dougherty why he did not present the petition that he sent to Mexico to the Mexican Commission; to which Mr. Dougherty replied that he had been informed that any testimony in regard to placing the line further North of the old river, as laid down by the Engineers, from the Emory and Salazar maps, would be useless.

For a better understanding by the reviewing authorities of the two governments, the first petition to the Joint Commission, signed by Mr. T. W. Dougherty, with the inclosed affidavit of Price Cooper and the inclosed statement of Quirino Lara, and the communication dated May 18th, 1896, signed by T. W. Dougherty and A. H. Kirby, as well as the letter of the Joint Commission to Messrs. Dougherty and Kirby, are here below incorporated in the proceedings of this day in the order mentioned. "To the International Boundary Commission, of the United States of America and the United States of Mexico, now in session in the City of El Paso, Texas.

The claimants of lands between the Rio Grande River as it ran at the time of the Treaty between the two countries in 1852 and 1853, and where the said river now runs, through the undersigned, their attorney, respectfully ask that before the boundary line is agreed upon that you have brought before you and take the testimony of the following witnesses, to-wit: Price Cooper, Sam Bean and John Clark, all American citizens. I hereto attach affidavit of Price Cooper and am informed that the other witnesses will testify to the same facts. Also Dr. Samaniego, who is ex-governor of Chihuahua and ex mayor of Juarez. Quirino Lara, (whose statement is hereto attached) and Dr. Samaniego, Juarez, Mexico, has examined the same and states it is true. Francisco Varela, El Paso, Texas, Jesus Tellis, Marcello Armijo, Francisco Provencio, José M. Sierra Gregorio Herrera, Dolores Bernal, all of which reside in Juarez, Mexico, i. e., also Roy Bean who resides in Langtry, Texas, T. T. Teel, Sam Wade, who live in El Paso, Texas, all of which will testify that the Rio Grande river ran where Price Cooper testifies in his affidavit it ran in 1852 and 1853. Price Cooper lives at Ysleta, Texas, Sam Bean, Los Cruces, N. M.; also George Baylor lives at Ysleta, Texas, John Clark, San Elizario Texas. We ask that these witnesses

be interrogated in regard to where the river ran in 1852 and 1853 and when it changed, and how it came to change its channel. Also ask that I be permitted to be present when said witnesses are examined and be permitted to ask questions in regard to where the river ran in 1852 and 1853, and such other questions as may be important in proving where the line or river was in 1852 and 1853. And that you require said witnesses to go on the ground and show where the river ran in 1852 and 1853, and in duty bound will ever pray, etc.,

T. W. DOUGHERTY,
Attorney for Claimants."

THE STATE OF TEXAS,

COUNTY OF EL PASO.

I, Price Cooper, do for the purpose of saving the trouble and expense of returning to El Paso, Texas, make the following statement of facts, the same being my testimony to be used before the International Boundary Commission of the United States of America and the United States of Mexico. I came to El Paso, Texas, in 1842, and have lived in El Paso and vicinity ever since. I saw the surveyors surveying the line between the United States of America and the United States of Mexico, between Juarez, Mexico, and El Paso, Texas. I know where the Rio Grande River ran in 1853; a little North of where the Santa Fé Railroad roundhouse now stands, from there in an Easterly direction to where 1st street in El Paso, and from there it ran under the operahouse and from thence in an Easterly direction to some old trees between Oregon and Utah streets and ran through the Pomeroy transfer corral. Thence under where the jail is now; and from there in a North Easterly direction and North of where the Texas and Pacific Railway depot is now. Thence crossing Overland and San Antonio Streets and going in the direction of Concordia. It ran there until in 1862, when it changed suddenly to near where the street-car track turns on Seventh St. The change was caused by an overflow in the river by the river leaving the old channel and forming a new one. All the changes in the river have been made by sudden changes by the river, abandoning the old channel and taking a new one. I know that Captain French put in a dam to prevent the river from returning to its old channel of 1853. This dam was built by Captain French after the overflow in the river in 1862 when it changed from the old channel and made a new one. Captain French was an American citizen and was Town Marshall of the town of El Paso, Texas.

"PRICE COOPER.”

"Sworn to and subscribed before me this 21st day of April 1896

"T. H. CONKLIN,

"Notary Public, El Paso Co. Texas."

"I, Quirino Lara, hereby declare and render my testimony which may be used before the Hon. Boundary Commission of the United States of America and of the United States of Mexico, to-wit:

"I was born in the year 1840 at Paso del Norte, in the " Partido" (Section) "Barrial" where I lived up to the month of December 1879, when I moved to the "Partido Chamizal" on the North side of the river, after its change in 1862, where I have lived until this present date. About the year 1872 I was Governor of the Indians "Pueblo" of El Paso. About the years 1846 at the time of the battle of Temascalitos, and in 1853, One thousand eight hundred and fifty three, when the American flag was hoisted at La Mesilla, I saw the Rio Grande or Bravo running between Paso del Norte, now Juarez City, and El Paso, Texas, at the point I will proceed to designate. It ran where the water tank is now located, adjoining the round-house of the Santa Fé Railroad; thence Easterly over what is now called First Street, passing on the South side of the City Hall and Opera House; and, further on, where the house called "Cuco" is now situated; thence Westerly, where the County jail is now located; and continuing Westwardly over the place now occupied by Overland St., a little above the Texas and Pacific Station in the direction of Concordia. Thus did the river run up to the year One thousand eight hundred and sixty-two (1862) in which year it changed suddenly to the place where there now lies the roadbed or railroad that passes by the little Smelter; and, when it reached the point where Campbell Street is now situated, turned to the North East in the direction of Fort Magoffin.

"The river did not change gradually by eating away the land, but did so by cutting it off and forming a new channel. I worked on a channel dug by Dr. Mariano Samaniego in the year 1869 with the object of changing the river to its old place, but Captain French constructed a dam farther up, which prevented the river from running into the channel made by Dr. Samaniego.

"QUIRINO LARA"

To the International Boundary Commission, of the United States of America and of the United States of Mexico, now in session in El Paso, Texas.

The claimants of the disputed territory between El Paso Texas, and Juarez, Mexico, through their attorneys T. W. Dougherty and A. H. Kirby, accept your proposition, made on the 13th instant to us to make a lineal survey of that part of the boundary line between the two countries, between El Paso, Texas, and Juarez, Mexico, and will make said survey as speedily as possible, and when made submit the same to you. We also accept your proposition of giving us access to your maps, field notes and all the data of every description you have in your possession in regard to the boundary survey, made in 1852 by both Governments. We

shall not ask or expect to take these records out of the respective offices of the two commissioners, but that our engineers and attorneys shall be permitted to examine the original field notes and maps of both governments pertaining to the survey of the boundary line of 1852 and ratified by both governments in 1853. We also ask that as soon as we make our survey of said line that you proceed to take the testimony of such of the various witnesses that we have heretofore submitted to you as we shall deem necessary to establish by oral testimony the correctness of the line surveyed by us. We have employed competent surveyors to make said surveys and are ready to commence work at once, and will introduce our engineers and surveyors to you as they arrive here, one of whom is here and will be brought forward and commence work as soon as you may desire him to do so; the others will be here and ready to work by the 19th inst., or soon thereafter. T. W. DOUGHERTY and A. H. KIRBY,

EL PASO, TEXAS, May 18th, 1896.

Att'ys. for Claimants."

"EL PASO, TEXAS, May 18th, 1896.

To Messrs. T. W. DOUGHERTY AND A. H. KIRBY,

Attorneys for Claimants, Representing Ronquillo
and others, El Paso, Texas.

Gentlemen: The International Boundary Commission, before whom you laid your petition on the 16th instant accompanied by the affidavit of Price Cooper and the statement of Quirino Lara, and a later communication on the 18th instant, have agreed upon answering you as follows:

Ist. That from the start you had a misunderstanding in supposing that the International Commission could entertain anything relating or contrary to the boundary line laid down by Messrs. Salazar and Emory, in the year 1852, and solemnly accepted and recognized by the Governments of Mexico and the United States of America.

2nd. That said line having been accepted as the legal truth, the only error admissible, would be the one which the Consulting Engineers, Messrs. Corella and Dabney may have committed in the transcription and marking of said line, on the preliminary map presented by them to the Joint Commission, but since the Commissioners have full confidence in the aptitude and skill of said engineers and there being no good ground to suppose that they have committed any errors whatever, the Commissioners will not make any investigations on that subject.

3rd. That, as regards the examination of witnesses, asked for by you, the Joint Commission deem it their duty to reiterate that in as much as they have no right to change an iota of the Treaties of Guadalupe Hidalgo by virtue of which the boundary line between

Mexico and the United States of America, was established, they have to accept and abide by the same and must abstain from all investigations in relation thereto.

Therefore the petitioners are hereby notified that the examination of the witnesses you may present shall be limited to the setting forth or clearing up of the manner in which the Rio Bravo del Norte may have changed the location it had in 1852 as shown on the map of Messrs. Salazar and Emory, to its present location in 1896, as shown on the map of Messrs. Corella and Dabney, the Consulting Engineers of the Commission.

The Commissioners agree jointly in the above as their answer to your petition and letter.

Very respectfully, yours,

ANSON MILLS,

United States Commissioner.

F. JAVIER OSORNO,
Mexican Commissioner.

The Mexican Commissioner then stated that he had no further testimony to offer in this case on the part of Mexico save that he would like to establish the fact that the river did not make changes in the winter time. To which the United States Commissioner replied that while he was not ready to admit that it never had made changes in the winter time, he had never known or heard of it making changes during that season for the reason that high waters were seldom if ever known during the winter months. The United States Commissioner further added that as the Commissioner on the part of Mexico had closed his testimony he had no further evidence to offer on the part of the United States.

The Joint Commission then at 12.30 P. M., adjourned to meet again when the preparation of the proceedings of the 16th and 18th of May were ready to be signed.

ANSON MILLS.

JOHN A. HAPPER.

F. JAVIER Osorno.
S. F. MAILlefert.

[American Engineer's Reports.]

EL PASO, TEXAS, May 13th, 1896.

COLONEL ANSON MILLS,
United States Commissioner,

International (Water) Boundary Commission,

El Paso, Texas.

DEAR SIR: Yesterday, in a consultation I had with Colonel Corella, the Consulting Engineer for Mexico, he said that he thought it would be best for us to make separate reports on the Chamizal Case, No. 4, and if after the Commissioners had considered them, there were no great differences, we would sign them jointly.