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[" §hc Utmtinsmllc Heralfl_ IRRIGATION FIGHT HEARING WILL OPEN MONDAY -- ... ........ if - - if 1 -_— - — -■■■■ ■■ " Que Hubole, Amigo? • • • • • • Old Timers Return to Valley for Identifica tion; Col. Sam’s Verbal Shillelah Hits Hon. 1. T. Davis (Special To The Herald) SAN BENITO, June 15.—And what excuse has the leek-eating. Welch-born secretary of labor for trying to deport “other foreigners” just because they were born in Mexico instead of Wales. Thus does Col. Sam Robertson word his opinions in connection with the activities of immigration officers in deporting Mexican aliens from the Valley, in affidavits and letters of which he showed copies here. t col Robertson, former sheriff of Cameron county, former developer of Padre Island, World War vet ) c-ran. former railroad builder, etc., has found a new occupation-one forced upon him. This is identify ing his “amigos” of the early days in the VaUey, so that they won t be shipped back to Mexico. They are flooding in on him from various parts of the VaUey. They have come from as far as Houston. Some of them are Mexicans whom the Colonel knew before 1904. in railroad construction days in La. at the opening of the century. Others are Mexicans who helped build the railroad, who helped carve San Benito out of the brush, and who otherwise wrote history in the early days of the Valley. The laborers all remember Col Robertson and are going to him to secure identlfiction. He told of one man who walked all night long from Donna to San Benito, to get Col. Robertson to Identify him before being deported. This man the colonel remembered because they both recalled the name of a foreman who the men had dabbed “Zorillo.” (the skunk). Another came from Houston. He was a young man who was only a child when Col. Robertson was de veloping the Valley. He and his mother came to San Benito from Houston to secure an affidavit that they were In the VaUey in 1904. And others have come while Col. Robertson alternates between anger at his old "amigos’ having to be worried about remaining here, and pleasure at the memories of old days which association with them revives. The affidavit, filed in the interest of one Bernardino Castillo, and a letter to Henry L. Sexton concern ,n.*w •-^immigration matters follow. ~ 'Ql affidavit for Bernardino ot1!o follows; "This is to certify that the bearer. Bernardino Castillo, aged about 65. came to work in my construction camp near San Benito early in 1906 along with his wife, five or six naked kids, and two or three half-starved dogs. “In my opinion this man has done more for Texas (but not much for himself* than a large percentage of native-born of purest Anglo-Saxon blood who were educated in our schools and colleges at the expense of the state of Texas. For more than 20 years this man has labored for my neighbors and myself, worked like a dynamo early and late along with his family. They have torn ( out by the roots hundreds of acres of the Jungle which covered the soil, and he and his companions have | mode this Jungle land susceptible of i cultivation and made It possible for almost two hundred thousand people to dwell here in prosperity and en joy a high standard of living. ‘ "Americans. Welchmen, Italians. Germans. Irishmen, or niggers could never have grubbed out this tick infested haunt of the rattlesnake and coyote: the thorns of the cac tus would have torn the tender hides from the bodies of any other class of workers besides these Mexican In dians. ‘This so-called Magic Valley would still be a magic jungle but for * Bernardino Castillo and his com panions. Bernardino Castillo and his faml’i' have made it possible for scores of native born human bar nacles like mvself to live here on profits derived Indirectly from the | cultivation of the soil, which the j labor cf this man and his family have made possible to be cultivated. I "After more than twenty years of j hard labor this worthy Indian ha* accumulated a little casita. thatched i roof and no floor for his family.! clothed his children and fattened his dogs and accumulated an extra pair i of sandals for himself, many corns | on his hands but no holes in the seat of his breeches. ‘ "It Is to be hoped that the agents' f of our Welch-born Hon. Secretary * ©f Labor will continue to let this i real working man remain here in i peace so he can continue to grub out the Jungle, so that more crons J can be grown to be transported over our railroads, to furnish positions, (not Jobs) for organized labor, so that they can continue to draw dow’vfrem $250 to $500 per month for ifetag the bell cord in the cabs of flKlnming locomotives or ac cumulating holes in the seat of their trousers from riding on the cushions of cabooses behind freight trains which would havr no loads but for : the labor of this old Indian and his companions. “Bernardino Castillo and his kind should be a great favor with the secretary of labor, thev having pro duced many thousands of carloads of "Leeks for Taffy” (Taffy is the pet name of the Welch people: Leek is a small onion, the national Rower and perfume of Wales*. 1 "When Bernardino Castillo and hia family and companions started clearing out this jungle land now called the Magic Valley of the Rio Orande the only railroad entering this Valley did not haul out 19 car loads per week. In the past few ggoatba more than 2400 carloads ol fruit an dfarm produce have been hauled from the Rio Grande Valley making it possible for organized la bor to have lucrative positions and live like gentlemen, but for the ef forts of Bernardino Castillo and his kind many of them would be pulling a tell cord over a mule’s back instead of a locomotive. “Organized labor should be the last to want to chase Bernardino Castillo and his kind back to Mex ico. They can't do his work even if they had the 'guts’ to do it." The letter to Sexton. Herald cor respondent in Washington, follows: “For 60 days I have done nothing but write certificates of residence for old former Mexican employes of mine who are having hell dodging the immigration inspectors. This morning I gave a certificate to a very faithful former employe, and being somewhat amused at the mad efforts of our Hon. Welch-born Sec retary of Labor to chase out all the other foreigners. I made the certif icate in question much longer than necessary. I enclose a copy. “The Hon. Secretary of Labor reminds me of the old time Irish railroad laborers of 40 years ago, who, after having been in the states for 60 to 90 days, whenever an Arkansawyer or Kansas or Nebraska homesteader or drouth sufferer would come to camp hunting work, the “old chaws” would say “the curse of God on these dam ferriners trying to break in on us Honest Americans and run down the price of labor., why in hell don't they get to Hell out of this and go on back to Kansas. Nebrasky or Ar kansaw or what ever dam ferreign part they came from and live on grasshoppers which is too dam good for the dam Ferreigners.” “I am surprised that our genial Secretary of Labor has so little consideration for our little Mexican Indian laborers whose labor pro duces thousands of carloads of fine Bermuda onions which are much better food than the Leeks of Wales on what our Secretary was raised, even if the perfume is not so sweet. “Seriously Harry this Mexican im migration question is serious for our farmers who have always caught hell in large quantities from organ ized labor, organized and protected industry, organized banking and transportation. I am not personally interested anymore, as I don’t hire any labor expect a yard man once in two or three weeks to cut my lawn. But if the Immigration De partment keep up these Licks, the school children of Texas will have to pick what cotton is to be picked. Organized labor will have no work at their trade or calling and they can go on the bum or pick cotton or hoe onions. “I hope you will call Mr. Garner's attention to this matter." VALLEYSTARTS FALLPLANTING Vegetable Crops To Be Har vested Within 100 to 150 Days The Valley is planting and har vesting almost every month. Now that practically all spring and early summer vegetables have been harvested, fanners are preparing their land for July planting. A principal crop to be planted in July is fall cabbage. This vege table may be planted from July 1 to December 1 and since it is ready for market in 120 to 150 days, shipping of the crop will take place from around October 1 to next May. The planting dates on cauliflower are July 15 to November 15! and the marketing season is from October 25 to March 15. Another all-year crop, egg plant, is planted in July for winter har vest and January for spring It is ready for market in 100 to 150 days. Peppers are another July crop which is ready for shipping 100 to 140 days later. It is also planted in January for spring. Tomatoes, a big spring crop, also will be planted in July and August for fall shipping, which will take place 100 to 140 days later. Progress Stops Old School Clock Which Guided Life of Brownsville Many Years By HAL EUSTACE The old grammar school building now is being torn down to an ac companiment of the thudding rum ble of falling brick, but the land mark and its widely known clock tower will continue to live in the memories of thousands of Browns ville people who atendcd school there. The old structure has been Brownsville's “little red school house-’ for many years. The top story is being torn off and the lower floor will be remod eled into a modern 10-room ward school. The old school was constructed in 1889 and was at that time the larg est structure in the county. It was the source of no small civic pride although it was built somewhat in the “sticks'* and a few citizens ex pressed the view that it was located “too far" from town. Prior to the time of its construc tion, the only schools in the city were small structures of one and two rooms. During its first years of existence, the grammar school was considered an object worth a long buggy ride to see. There was no chamber of commerce to do the city's official bragging in those days but the citizens did this duty with vim and gusto. Mrs. T. Clearwater, veteran of 47 years’ service in the Brownsville public school system, taught in the school in its first year. Mrs. Clear water, who possesses one of the first Texas teachers' certificate to be is sued. is still teaching here and has high hopes of rounding out 50 years in educational work. Mrs. A. S. Putegnat, still teach ing in the local system, took up her work as an educator in the same building the following year. In its early years the school housed everything from the first grade through high school. Its first superintendent was Capt. Frank Cummings. Others who have taught in the building Include Mrs. William Ma son. Mrs. J. L. Putegnat and Mrs. George Putegnat. Educational Center Supplemented from time to time by other schools over the city, the old structure was the educational center until some eight years ago when the new- high school was con structed. Additions were made to the grammar school at the same time. Years ago the building had colon ial porches, both upstairs and down, surrounding it on all sides. (Continued on page 11.) TEXAS ‘BAD MEN’ ARE LONE WOLVES OFFICIAL REVEALS l By RAYMOND BROOKS (Special to The Herald * AUSTIN, June 15—Texas has had its Sam pass and had its lurid killers and its desperadoes. It still has bank robbers and murderers but crime in Texas is vastly differ ent from the sordid annals of the gangsters, and the miaomic degen eration of big-city underworlds, ac DAD HAS HIS ! DAY TODAY Annual Father’s Day Is Ob served Over Nation; Brownsville Joins Today is the seventh anniversary of the observance of Father’s Day. This'date to be kept with Dad al ways falls on the third Sunday in June. Within the past few years its popularity has become so widespread that millions annually observe it in his honor. The movement began less than a generation avo when Mrs. John B. Dodd of Spokane, Wash., suggested assigning a yearly date on which to sing the praises of the world’s champion “unsung hero’’—dad. Mrs. Dodd’s original Idea of wear ing a red rose for living fathers and a white rose for those who have nassed on will be carried out as is the long established custom, today. The custom has grown almost uni versal to present dad with a special Father’s Dav offering such as a tie or other simple gift, in loving tribute. Todav. many a pulpit will hold forth on father and his virtues, so often taken as a matter of course. Dad also will be a stage and screen idol"—’in person"—at thousands of theaters giving special programs for him. Other demonstrations in his honor will be given bv organizations, societies, various institutions such as county homes and homes for the seed. O. A. R.. Spanish-American War and American Legion Posts. Full many a Father’s Sunday afternoon nap will bo undisturbed today for the first time In many, many months. Peasants Flock To Rome Despite Government Bans ROME. June 15.—(APi—The Eter nal City Is waxing so strong in population as to prove an embar rassment to the government. De spite the comprehensive regulations of the Fascist regime against wholesale movements to the cHy. the flow of countrymen into the capital Is more than twice what it was only fiw* years ago. The “Capitolium.” the monthly review of the governor of Rome, in considering this problem at seme length, reveals that in the last fis cal year Rome’s populace was aug mented by 39.164. cording to Chairman R. B. Wal thall of the Texas board of control. Mr. Walthall this year for the first time prepared the state bud get for guards and keepers in the prison system, and has had occa sion to contrast the psychology of crime In Texas with the manifesta tions of outlawry elsewhere. One of the many definitions of “out where the West begins ’ is “where a man does his own killing.” Texas crime, in general. Mr. WaJ ihal pointed out, is a “one-man af fair.” Gangdom hardly exists, save in occasional grouping of men or women In a bank robbery. And re cently bank robbery In Texas has run heavily to deluded co-eds. boys and girls in their teens, out for a thrill. The scientific study of crime and gangdom's consciencelessness, re cently undertaken, may be fruitful in its way, but hardly touches Texas and Its more Isolated, indi vidual type of criminal, in Mr. Wal thall’s opinion. The conclusions of Dr. William J. Hickson, director of the paycho pathlc laboratory of Chicago muni cipal court, based on examination of 40.000 criminals, may be true in Chicago but would be utterly in applicable as to Texas penology, ac cording to Mr. Walthall. Here are the summarized find ings of Dr. Hickson, based on his observation of 40,000 criminals: Defective Family “The typical racketeer is a stu pid dullard, emotionally feeble minded and with utter lack of hu man feelings. “A trace of his antecedents will reveal his family name in public records dealing with dependency and delinquency for generations back. "The racketeer Is bom that way and is without one chance in a million of being made over. Aside from death or permanent imprison ment. there is not the slightest possibility that he will be deter red from his killing, bombing, boot legging. terrorizing career. “Gangsters of the future now are in schools.” he added, “and even in early youth are defiantly recog nizable by traits, conduct and men tal make-up.” As a contrast. Texas criminals, out in the open spaces, and even in the larger cities of the state, work alone in large measure: and when there are racketeer gangs, Chmn. Walthall pointed out. often they are made up of men of high order of Intelligence and imagina tion. Take the Texas gang that fleeced J. Frank Norfleet out of thousands of . dollars and were tracked down In a seven-year man hunt by him and landed behind the bars. These were some of the shrewdest men in the country. Northfleet himself admits. Youthful Texas criminals are more youth ful than those of large cities, as a general thing. Texas now lias nearly 5,000 men in prison. Of these, from one-third to one-half are serving one and two year sen tences for liquor crimes and minor felony crimes. It has been estimated that four (Continued on page 12.> PRIZES GIVEN AT MERCEDES | Individual Awards Are An nounced In Beautifica tion Contest (Special to The Herald' MERCEDES. June 15.—With Wil liam Coe. H. Tidmore and E. B. Wit mer acting as judges, prizes have been announced for the most beauti ful individual flowers, trees and shrubs In the yards entered in the yard beautification contest spon sored by the Business and Profes sional Women’s club of this place. They are: $10, purple bougan villea. Mrs. W. E. Hoger; $10. poin settias, Mrs. Oscar Roman; $10, hi biscus. Mrs. Ray Tolson; $5 to in dividual planting greatest number hibiscus during season. Mrs. G. K. K.*Reiss; $10, zinnias, (best effect with bed In relation to yard), Mrs. | Millard Agnew: $5. zinnias, Mrs. Bell Anderson: $3. zinnias, (best in dividual speciman.) Mrs. John P. Gause: $5, best planting of trees. Mrs. S. H. Collier: $10. best rose garden. Mrs. Paul Wolf; $5. second prize for rose garden, Mrs. C. E. Blankenship: S3, for best individual speciman. Mrs. Jack Trollinger; $5 for best planting of palms this sea son. Mrs. G. K. Reiss: $3. most at tractive window’ box. Mrs. T. W. Mc Queen: $5, nasturtiums, Mrs. Mc Queen: $3. most beautiful hedge. Mrs. John Herndon; $5. most beau i tlful lawn, Mrs. J. E. Haynes; $5. wild olive. Mrs. E. E. Johnson; $5 queen s wreath, Mrs. Hughes Evans; $2. honeysuckle. Mrs. C. A. Rouce; $3. morning glory. Mrs. R. J. Meek er; $5. sweet peas. Mrs. Paul Wolf; S3, hclleyhocks. Mrs. M. Agnew; $2. Turk's cop, Mrs. Oscar Roman; $5. plumbago, Mrs, N. E. Fisher; $5, verbenas. Mrs. Bill Anderson; $3, petunias. Mrs. J. H. Freeman; $2. periwinkle: Mrs C. E. Blankenship: $5. geraniums. Mrs. D. T. Campbell: $5. Balsam, Mrs. Joe Brooks: $5. phlax, first prize, Mrs. Charles Sol idino; 12, water lillies, Mrs. H. E. Bennett; $2. native laurel. Miss Beth Garrett: $3. larkspur. Mrs Fred Bennett: S3, snapdragons, Mrs. G. K. Wattson; S3, flame vine. Mrs. Wallace Allen; $3. dahlias. Mrs. Bell Coe. PRINCE AGA KHAN STRONG TURF FAN LONDON, June 15.—(T’—Prince Aga Khan, the eastern potentate who is the spiritual head of 50.000. 000 Mohammedans in various parts of the world and political chief of the 70 000.000 Moslems In India, is a staunch racing enthusiast. Seven of his horses survived the second forfeit stage preparatory to the Enelish derbv, June 6. and one of his entries. Cosl Pasha, was the favorite when derby talk first started. CONNECTICUT YOUTH MAY MAKE OLYMPIC STORRS. Conn.. June l.V—T/PV— Dan Chubbuck. Connecticut Aggie sophomore, will put his home town on the map at the next Olympics unless all signs fail. Chubbock. now 19. broke two eastern intercollegiate and five of his own college records in his first season of varsity competition. PLANES CARRY 1620 PERSONS IN 3 MONTHS Figures Show Great Growth of Local Flying Since Date Of Inauguration Airplane lines In and out of Brownsville since the inauguration of the airmail service here March 9 have done a tremendous business, for a city of this size, figures re leased by Campania Mexicana de Aviacioa and Corporation Aero nautica de Transportes reveal strongly the importance of Browns ville as a port of entry and give only a hint of what citizens may expect in future years in volume of trade carried on by giant air lin ers. These figures only hint, also, of how Brownsville as the terminal city of a group of airlines is des tined to grow beyonnd the expecta tions of its most persistent opti mists into the south's greatest air center. With airmail service yet in its barest infancy, planes from March 9 to June 1 had carried 11.117 pounds of mall, over five and one half tons, according to Postmaster G. W. Dennett. Of this amount, 5.598 pounds had been sent north and 5,519 pounds had gone into Mexico. The above mail did not include that handled on the Mazatlan line as that is a purely Mexican contrac* and only the part intended for de livery in the United States is han dled through his office. Next, a consideration of the num ber of passengers carried by lines out of Brownsville reveal still more startling figures for an industry so young. There have ben 1.620 passengers in and out of Brownsville since March 9. The following figures are those of the C. I. A. Mexican de Aviacion: From Brownsville: March. 86; April. 58: May, 59; to June 11—29. Total 232. To Brownsville: March, 101; April. 92: May, 98; to June 11, 3a Total 329. Five hundred sixty-one passengers rode the big Ford tri-motor plane? of this company both ways. Coporacion Aeronautica de Trans portes has carried 173 passengers and contemplate shortly putting on larger and speedier planes to take care of increasing business. The remaining passengers have been carried by T. A. T. planes north to San Antonio and Houston. All of this means that very soon even more additions must be pro vided at the airport and that many families employed by airlines will make their homes in Brownsville. That the forces here now will be practically doubled is assured by the fact that the government already is surveying a route between here and Houston and San Antonio on which light and radio beacons will be placed for night Hying between here and the east. WILLACY WATER SURVEYS BEGIN Celebration Planned When First Work Starts t}n Ir rigation Project • Special to The Herald > RAYMONDVILLE. June 15 —Sur veyors have commenced work, sur veying for canals and laterals for the Willacy county seven million dollar irrigation project. The Trin ity Farms corporation, who has se I cured contract for construction, has placed machinery for dredging on I the Job. and work on »he canals | and reservoirs will commence within ! the next 10 days. Appropriate ceremonies are con templated being held as soon as the exact date of the first work is an nounced. at which various promi nent citizens of the county will par ticipate. BEAUTY AT RICE | Associated Press Photo Katrina Smith was one of eight co-eds to rate the “Vanity Fair” section of Rice Institute s year book. FIRST MURDER TRIAL MONDAY Edinburg Docket Reset Aft er Early Recess Last Week 'Special to The Herald> EDINBURG. June 15.—All cases scheduled for hearing in the special term of the 79th district of Hidalgo county court of Hidalgo county that Is being held In Edinburg before Judge J. F. Carl have been reset for next weeks, and Jurors dismissed for the remainder of this week. Court will reconvene Monday i morning June 17 at which time the i first of the murder trials to be brought up in this term will be heard. The next two weeks of the six weeks court will be given over to the hearing of the nine murder trials that are listed on the court will be given over to the hearing of the nine murder trials that are listed on the court docket. The case of Blass Deanda. charged with murder. Is scheduled to come up Monday, according to the docket set by Judge Carl. The two cases in this special term of court that are expected to create most local interest are those of Mrs. Esther Fry and of Arthur Gupton. both of whom are being held on murder counts. Hnsband Shot Mrs. Fry has been indicted for murder in connection with the fa tal shooting of her husband. C. H. Fry at their home near McAllen on October 2. The accused wife, who is under a bond of $2,500. stated at the time of her husband's death that she had been afraid of the man for some time before this Grace Funk, who lived on the farm with the couple is expected to be the star witness in the case as she is said to have been nearby when the shooting occurred. Deputy Sheriff John Bales, who arrested Mrs. Fry, following the shooting and who had known the dead man for some tune before his death, is also expected to be put on the witness stand. Well Known Contractor Arthur Gupton. who will come to trial on June 26. is accused of mur der in connection with the shoot ing to death of Leonard Bass, ne gro bootblack, employed in an Ed- ! inhurg barber shop the morning of July 1. Gupton. who Is a well known Ed inburg contractor, is out under $5 - 000 bond. The negro was shot to death while in the barber shop. Other murder j cases to be heard include those in } volving Felix Gonzales. Panfilo j Gonzales, Guadalupe Esquival. Tio- I I do!o Rableo, Felix Vela, and Jose Gonzales. OBSERVATION TRAIN FOR BADGER REGATTA MADISON. Wis.. June 15—UP>— : Coach “Mike" Murphy of the Uni- i j versity of Wisconsin crew, plans to i make a midwestern Poughkeepsie | j on Lake Monona, one of Madison’s j ' borders. -- - , - ..—- - ■■ i i ANCIENTS BEAT TEXANS TO NEW MARRIAGE LAWS WITH three days to think it over would Solomon have made his thousand mistakes? Modern Texans who march to marriage license bureaus after today and write down their :ntention to become hen pecked may speculate on the matter. Solomon was supposed to be wise. But his palace was a huge affair and he probably had trouble in getting roomers. Therefore he merely threw in a little board and some honor able intentions. As far as being original with the new law. Texas “also ran.” Europe started this fad several centuries ago. Sister - states also beat Texas in proving that there is lots of dust on the subject* Brigham young sneaked out West to dodge them. This husband of 56 wive* would surely have cut loose with some naughty words had there been « Uv Wfluiring three days’ no % tice of intention. When he fell heir to aff intention he usually acquired a wife—or so. Savage or modern, the laws all had the same intent. Tests and rules were enacted to determine that prospective grooms were actually ma* men. able to support a wife -id physically fit. The new Texas law merely contains the gist of what has been handed down from pa«t centuries. When the duskv maifVti of a South American Indian tfibe nods assent, the ambitious vouug m-” s ♦ roubles have itt*f begun. He must go into the forest and clop down trees until he has cleared space for a hut. Spikes are punched into his flesh and if he yells he is not considered readv for marriage. Sometimes he is sewed up in a skin together with several hundred iadisp.Ofed aj^fs. this case the poor fellow may not even shiver. To do so loses him the queen. AMONG some South African tribes the man must first slay a rhinoceros. A cheerful custom of South Asia head hunters prescribed that he must have at least one head to his credit. Siberian Yukahirs ask that Mr. Groom drag a hefty tree trunk and toss it upon his prospective father - in • law’s tent with intent of knocking down the structure. If the tent caves in he gets the girl. These tests are much more severe than our law which merely says that the man should be 21 but does not bother about his manhood, or whether he can defend and sunoort his woman. French laws up to 1907 pre scribed 25 and 21 as legal ages. Otherwise the consent of guard ian was necessary. Back in 1556 Henry II of France decreed I that marriage of minors with out consent of parents was null and vo‘d. And Hank meant it. Yoy axe pot • man btiflrf vou reach 24 in Austria and in Germany even women of mid dle age may not marry with out parents’ consent, unless they wish to risk losing their slice of the inheritance pie. The present three days’ no tice provision was in use in England centuries ago. Only they didn’t stop at three days nut made it several weeks. Ranns had to be posted on the church door and read from the nnlnit. They still are. Thus one finds bv scanning he laws and customs of ages ago that what was held new has full grown whiskers. Even the new Texas marriage law hears the imprint of centuries and contains ideas which men lad lflOfl years back. Marriage laws. like a certain brand of cheese, grow stronger as they 2I2W d du. J. i DISPUTE MAY BE TAKEN TO STATECOURTS Edinburg Men Seek* ing Right to Irrigate 88,852 Acres of Land In Hidalgo By H. Ci. STILLWELL, Jr., Herald Staff Writer. SAN BENITO. June 15.-Oppo*> ing forces In the Valley's greatest! irrigation battle were putting their artillery into position today for tha opening of the encounter Monday at Edinburg. • For the first time In the history of the Valley, and in the state, the question of water rights threatens to be taken into the courts for a decision. If the Valley districts loss in the encounter at Edinburg. Hearing starts at Edinburg Mon* day before the state board of water engineers on the application of J. T. Franklin of Edinburg for permis sion to take 600 second feet from the river. This water would b« used, according to the Franklin application, to irrigate 88,852 acres of land, lying between Edinburg and the Brooks county line in northern Hidalgo county. The present Irrigation districts of the Valley are presenting a united front against granting of the application. May Seek Court Order If they lose before the stata board, In all probability a court order restraining the Franklin In terests from taking water from tho river will be sought. Such action. It is pointed out, will be the first move toward establishing water rights by court order. The present districts hold that they have a legal right to w-aters of the river over any districts that may be formed by reason of prior beneficial usage. The forces that will lead the fight against the Franklin application were in conference here several times during the past few davs. put ting their arguments into final form. Frank S. Robertson, manager of tho San Benito Irrigation district la chairman of the committee In charge of the campaign against the* Franklin application, while A. L. Montgomery of this city and Neal A. Brown of Edinburg are leading counsel for the districts. In ad dition attorneys for the Individual districts will aid In the fight against the new application. Interesting information expected to be brought out at the hearing is Indicated !n the line of attack of the districts. Mr. Brown has been working for some time to de termine who are the owners of tho tond in question, the applicant, Franklin, being a school tax asses sor. at Edinburg, and owning verv httle. if any. of the land in question Part of It takes in the old Young ranch property, which has been sold, and runs adjacent to the Mc Allen ranch, although not Includ ing this. Several Tract* The map of the district, shows several tracts of developed land left, out of the district, although entire ly within its boundaries. Such is not considered a legal bar to forma tion of the district. Additional Information which wilt be brought out at the hearing wilt include description of the land to be irrigated. The contestants claim that this land, because of its altitude and distance from the river, is not subject to irrigation. They also claim that the char acter of the soil is such as to re quire an unusually large quantity of water. There arc places In the tract where "the Rio Grande would not run 200 yards abo\e the sur face,” E. M. Card, engineer making the survey said. North of Districts The principal reason for the united attack on this application Is seen In the fact that it is north of all the present Valley districts, and that it does not provide for storage of water. At the time Franklin filed his original presen tation. three years ago. the state board had made no ruling requiring districts to put in storage. Since that time the board has ruled that all new districts must provide suf ficient stores to irrigate the entire acreage, so that the districts will not have to pump from the river during periods of low flow The Franklin application, filed early this year, and based on the original presentation, makes no mention of storage, although storage is mentioned in the original presentation. The right of the Franklin inter ests to secure a permit based on the original presentation will be con tested on several grounds by the districts. One of these will be that the presentation and the applica tion cover entirely different sections of land. The presentation wns on a tract of approxinlatelv loo.oon acres of land directly west of Mis sion. and fronting on the river. Efforts have since been made to form a district of part of this land, the 43000 acres of the Penita.tract, but no progress has been made due to fights among landowners. Different Tract The apolication as filed this year covers a different tract of land, and is a different project, according to arguments of the contestants, and hence the district would not have precedence over all those which have filed applications since the original presentation of Franklin was filed three years ago. The Valley districts will open their fight Monday by presenting the state board with petitions signed by thousands of Valley farmers asking that, the permit be not (Continued on page 12J 0 ii