En virtud de instrucciones especiales de mi Gobierno, y refiriéndome al memorandum que el día 1° del actual dejó el Primer Secretario de esta Embajada al Señor Clark, Solicitor de ese Departamento, tengo la honra de acudir á Vuestra Excelencia en solicitud de sus buenos oficios, á fin de que, si en ello no hay inconveniente, interponga prontamente su acción en contra de la orden dada por el Ayuntamiento de la Ciudad de El Paso, Texas, para construir en el territorio en disputa de El Chamizal una planta para tratamiento de desechos y basuras; por ser la obra proyectada contraria al statu quo de dicho territorio, convenido entre ambos Gobiernos.

Anticipando á Vuestra Excelencia las gracias por lo que se sirviera hacer á este respecto, me complazco en reiterarle las seguridades de mi más alta y de mi más distinguida consideración. F. L. DE LA BARRA.

Excelentísimo Señor PHILANDER C. KNOX,
Secretario de Estado de los Estados Unidos de América,

[Translation.]

EMBASSY OF MEXICO

TO THE

Washington, D. C.

UNITED STATES OF AMERICA.

No. 83.
Most Excellent Sir:

WASHINGTON, August 2, 1910.

Under special instructions of my Government and with reference to the memorandum left with Mr. Clark, Solicitor of the Department by the First Secretary of this Embassy on the 1st instant, I have the honor to apply for Your Excellency's good offices to the end that, in the absence of any objection, you will interpose your prompt action against the order issued by the Municipal Government of the City of El Paso, Texas, for the erection, on the disputed territory of El Chamizal, of a plant for the treatment of refuse and garbage, the contemplated work being contrary to the statu quo agreed upon by both Governments.

Thanking Your Excellency in advance for whatever you may be pleased to do in the matter, I take pleasure in renewing to you the assurances of my highest and most distinguished consideration. F. L. DE LA BARRA.

The Most Excellent Mr. PHILANDER C. KNOX,

Secretary of State of the United States, Washington, D. C.

Department of State to the Mexican Embassy.

Memorandum.

In compliance with the Mexican Embassy's memorandum of the 1st instant, the Acting Secretary of State sent to the Mayor of El Paso, Texas, on the 2d instant, a telegram which, paraphrased, is as follows:

The following memorandum has been received by the Department of State from the Mexican Ambassador: quote: The Mexican member of the Mexican Boundary Commission reports by telegraph that the City Council of El Paso, Texas, has ordered a plant to be built in the Chamizal Tract for the treatment of garbage and refuse. The Mexican Government considering that this is contrary to the statu quo of the Chamizal Tract which has been agreed upon, has directed the Embassy to request the Department of State to take the necessary steps in order to stay the action of the City Council. End quote. The Department will be glad to receive from you a statement concerning this matter. The Department regards as particularly unfortunate any further irritation at this time in connection with Chamizal.

I have the honor to acknowledge the receipt of Your Excellency's note No. 83, of August 2, 1910, in which you request the Department to interpose its action against the order issued by the municipal Government of the City of El Paso, Texas, for the erection, on the disputed territory of El Chamizal, of a plant for the treatment of refuse and garbage. You state that the project is contrary to the status quo agreed upon by the Governments of the United States and Mexico.

In reply I have the honor to refer to the Department's memorandum of the 10th instant, informing Your Excellency of the action taken by the Department, and to inform you that on the 5th instant the Department telegraphed to the Mayor of El Paso, urging him promptly to inform the Department of the intentions of the City of El Paso in regard to the matter.

It should, however, be observed that the Department is of the opinion that the contemplated action of the authorities of El Paso, as the matter has been reported to the Department, does not constitute a violation of the status quo agreed upon. The question will, however, receive further consideration as soon as the report of the El Paso authorities reaches the Department. Accept, Excellency, the renewed assurances of my highest consideration.

HUNTINGTON WILSON,

Acting Secretary of State.

His Excellency Señor Don FRANCISCO LEÓN DE LA BARRA
Ambassador of Mexico.

No. 300.

Mr. Wilson to Señor Ricoy.

DEPARTMENT OF STATE,

WASHINGTON, August 30, 1910.

SIR:

In further reply to the Embassy's note No. 83, of the 2d instant, in regard to the proposed construction by the city government of El Paso, Texas, of a garbage and sewage disposal plant in El Chamizal tract, I have the honor to enclose herewith a copy of a letter from the Mayor pro tempore of El Paso, setting forth his views on the subject.

As was indicated in the Department's note of the 24th instant, it is the Department's opinion that the use which the authorities of El Paso desire to make of the land in question, does not constitute a violation of the status quo agreed upon between the two Governments. It is the hope, however, of this Government that, in view of the explanation made by the Mayor pro tempore of El Paso, to the effect that, by erecting the garbage plant referred to, the El Paso authorities have no ulterior motive and no other object than to provide for the health, not only of the people of El Paso, but also of Juarez, it will not now be necessary to consider this phase of the question. The Department feels sure that the Government of Mexico will appreciate the desirability, not to say the necessity, of arranging to dispose of the sewerage of El

Paso in accordance with the plan suggested, in order that the health of that region on both sides of the river may be properly protected, and in this connection, I desire particularly to call your attention to the endorsement which it is said has been heretofore given to this plan by Governor Creel, at present your honored Minister for Foreign Affairs, as well as by Mayor Barcenas of Juarez. The Department ventures to express the hope that your Government will, in view of these facts and circumstances, see its way clear to withdraw its suggestion that the propriety of this proposed work is in itself in any way questionable.

Accept, Sir, the renewed assurance of my high consideration. HUNTINGTON WILSON,

Señor Don LUIS RICOY,

Acting Secretary of State.

Chargé d'Affaires of Mexico.

Enclosure: From Mayor Pro Tem. of El Paso, Texas, August 20, 1910.

Referring to the communication heretofore had between your Department and Honorable W. F. Robinson, Mayor of the City of El Paso, I desire to state that on the morning of the 14th inst. Mayor Robinson was killed by the falling walls of a burning building, and as Mayor pro tem of the City, I desire to present to you the position of this City in reference to the erection of garbage and sewer disposal plants in what is known as the "El Chamizal tract", now in dispute between our Government and the Government of Mexico.

For many years past the El Paso sewer system, which was designed and constructed by Col. Waring of New York, emptied into the bed of the Rio Grande, approximately Four miles below the Cities of El Paso, Texas, and Juarez, Mexico, but by reason of the fact that during the hot months of the summer, the river is almost continuously dry, and the sewer discharge creates much danger to the two Cities of such a nature as to necessitate the

erection of a plant for the purpose of the destruction of the product, consequently, the City of El Paso, in September, 1908, voted an issue of One hundred thousand dollars in municipal bonds for the purpose aforesaid. The bonds were immediately sold and the City entered into a contract with the Sanitary Engineers for the purpose of drawing up plans and specifications and erecting the plants stated. Delays of various kinds have prevented the City from consummating this object, and the money still lies in the City Treasury, and the contractors are anxious to start work under their contract. Two injunction suits were instituted against the City for the purpose of preventing the discharge of the sewers on the dry sands of the river bed. Upon the request of the City officials, and upon their specific promise to erect these plants, these injunction suits have been postponed from time to time, so as to enable the City to take the necessary steps to protect the health of its people. El Paso, its officials and its citizens have always entertained the friendliest feelings for our Mexican neighbors to the South, and we would hesitate before we would do anything that would be calculated to irritate and give offence to the Mexican Government, but the health of this community, and, perhaps, the lives of thousands of American citizens, as well as Mexican citizens, depend upon good sanitary conditions at this place.

During the year 1909, while J. U. Sweeney was Mayor of the City he communicated with Mr. Felix Barcenas, then Mayor of Juarez, and with Hon. Enrique Creel, then and now Constitutional Governor of the State of Chihuahua, Mexico, now Minister de Fomento in the Cabinet of General Diaz at Mexico City, relative to the disposition of the garbage and sewerage product of the two Cities of El Paso and Juarez, and sought to enter into an agreement whereby a joint sewer and garbage disposal plant would be maintained at approximately the same point where the City now desires to erect same. Mayor Sweeney received the assurance of Mayor Barcenas and of Governor Creel that they would do all in their power to co-operate with the City Council of El Paso in an endeavor to preserve the health of the communities aforesaid, but nothing definite was consummated, although Governor Creel, at all times, expressed a considerable degree of interest in the people of El Paso, and during the past has given evidence many times of his friendship for this City.

The City of El Paso does not claim any better title to the property upon which it desires to construct these plants than its grantor