(Edwards v. Bodkin (1918), 249 Fed. 562; affirmed Edwards v. Bodkin (1919), (D. C. Cal.) 267 Fed. 1004; decree affirmed, (C. C. A.) Bodkin v. Edwards (1920), 265 Fed. 621; decree affirmed (1921) 41 Sup. Ct. 268, 255 U. S. 221, 65 L. Ed. 595.)

Rule of approximation.-Rule applied to desert entries coming within the provisions of the reclamation act that when the excess area in an entry above 160 acres is less than the deficiency would be if the smallest subdivision were excluded, it may be included in the entry; where it is greater it must be excluded. (General Land Office Instructions of Mar. 30, 1910, 38 L. D. 513.)

TREATY WITH MEXICO REGARDING THE RIO GRANDE

CONVENTION BETWEEN THE UNITED STATES AND MEXICO, PROVIDING FOR THE EQUITABLE DISTRIBUTION OF THE WATERS OF THE RIO GRANDE FOR IRRIGATION PURPOSES

[Signed at Washington, May 21, 1906; ratification advised by the Senate June 26, 1906; ratified by the President December 26, 1906; ratified by Mexico January 5, 1907; ratifications exchanged at Washington January 16, 1907; proclaimed January 16, 1907; 34 Stat. 2953]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas a convention between the United States of America and the United States of Mexico, providing for the equitable distribution of the waters of the Rio Grande for irrigation purposes, and to remove all causes of controversy between them in respect thereto, was concluded and signed by their respective plenipotentiaries at Washington on the 21st day of May, 1906, the original of which convention, being in the English and Spanish languages, is word for word as follows:

The United States of America and the United States of Mexico being desirous to provide for the equitable distribution of the waters of the Rio Grande for irrigation purposes, and to remove all causes of controversy between them in respect thereto, and being moved by considerations of international comity, have resolved to conclude a convention for these purposes and have named as their plenipotentiaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

The President of the United States of Mexico, His Excellency Senor Don Joaquin D. Casasus, ambassador extraordinary and plenipotentiary of the United States of Mexico at Washington,

Who, after having exhibited their respective full powers, which were found to be in good and due form, have agreed upon the following articles: ARTICLE 1. After the completion of the proposed storage dam near Engle, N. Mex., and the distributing system auxiliary thereto, and as soon as water shall be available in said system for the purpose, the United States shall deliver to Mexico a total of 60,000 acre-feet of water annually, in the bed of the Rio Grande at the point where the head works of the Acequia Madre, known as the Old Mexican Canal, now exist above the city of Juarez, Mexico. ART. 2. The delivery of the said amount of water shall be assured by the United States and shall be distributed through the year in the same proportions as the water supply proposed to be furnished from the said irrigation system to lands in the United States in the vicinity of El Paso, Tex., according to the following schedule, as nearly as may be possible:

In case, however, of extraordinary drought or serious accident to the irrigation system in the United States, the amount delivered to the Mexican Canal shall be diminished in the same proportion as the water delivered to lands under said irrigation system in the United States.

ART. 3. The said delivery shall be made without cost to Mexico, and the United States agrees to pay the whole cost of storing the said quantity of water to be delivered to Mexico, of conveying the same to the international line, of measuring the said water, and of delivering it in the river bed above the head of the Mexican Canal. It is understood that the United States assumes no obligation beyond the delivering of the water in the bed of the river above the head of the Mexican Canal.

ART. 4. The delivery of water as herein provided is not to be construed as a recognition by the United States of any claim on the part of Mexico to the said waters; and it is agreed that in consideration of such delivery of water Mexico waives any and all claims to the waters of the Rio Grande for any purpose whatever between the head of the present Mexican Canal and Fort Quitman, Tex., and also declares fully settled and disposed of, and hereby waives, all claims heretofore asserted or existing, or that may hereafter arise, or be asserted, against the United States on account of any damages alleged to have been sustained by the owners of land in Mexico by reason of the diversion by citizens of the United States of waters of the Rio Grande.

ART. 5. The United States in entering into this treaty does not thereby concede, expressly or by implication, any legal basis for any claims heretofore asserted or which may be hereafter asserted by reason of any losses incurred by the owners of land in Mexico due or alleged to be due to the diversion of the waters of the Rio Grande within the United States; nor does the United States in any way concede the establishment of any general principle or precedent by the concluding of this treaty. The understanding of both parties is that the arrangement contemplated by this treaty extends only to the portion of the Rio Grande which forms the international boundary from the head of the Mexican Canal down to Fort Quitman, Tex., and in no other

case.

ART. 6. The present convention shall be ratified by both contracting parties in accordance with their constitutional procedure, and the ratifications shall be exchanged at Washington as soon as possible.

In witness whereof the respective plenipotentiaries have signed the convention, both in the English and Spanish languages, and have thereunto affixed their seals.

Done in duplicate at the city of Washington this 21st day of May, 1906.
ELIHU ROOT.
[SEAL.]
JOAQUIN D. CASASUS. [SEAL.]

And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington on the 16th day of January, 1907:

Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof I have hereunto set my hand and caused the seal of the United States of America to be affixed.

Done at the city of Washington, this 16th day of January, in the year of our Lord 1907, and of the independence of the United States of America the one hundred and thirty-first.

[SEAL.]

By the President:

ELIHU ROOT,

THEODORE ROOSEVELT.

Secretary of State.

EMPLOYMENT OF INDIAN LABOR, HIRING OF INDIAN PROPERTY, CONVEYANCE OF INDIAN LANDS, AND IRRIGATION IN PIMA INDIAN RESERVATION

[Extracts from] An act making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian_tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and eight. (Act March 1, 1907, ch. 2285, 34 Stat. 1015)

[Employment of Indian labor and hiring of Indian property-Exemption.]-That as far as practicable Indian labor shall be employed and purchase in the open market made from Indians, under the direction of the Secretary of the Interior. And the employment of such Indians and the hiring of their property, in connection with the construction of any irrigation project under the Reclamation Service, shall be exempt from the provisions of sections thirty-seven hundred and nine and thirty-seven hundred and forty-four, Revised Statutes. (34 Stat. 1015.)

[Conveyance of lands by noncompetent Indians.]-That any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in severalty, under any law or treaty, or who may have an interest in any allotment by inheritance, may sell or convey all or any part of such allotment or such inherited interest on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee. (34) Stat. 1018.)

NOTES

Cross references.-See act of June 21, 1906 (34 Stat. 325), as to sale of lands allotted to Indians.

See act of May 29, 1908 (35 Stat, 444), regarding patents in fee to purchasers of Indian lands.

[Irrigation for Pima Indians from Salt River project.]-That the Secretary of the Interior may, in his discretion, use such part of the $300,000 heretofore appropriated for an irrigation system for the Pima Indians in the payment of such Indians' proportionate part of the construction of the Salt River project, and such funds may be transferred to the reclamation fund, to be expended by that service in accordance with its rules and regulations, the Indians to receive a credit upon the reclamation charge assessed against their lands under the Salt River project for the amount so transferred. (34 Stat. 1022.)

APPROPRIATION FOR IRRIGATION DAM ACROSS THE RIO GRANDE

[Extract from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eight, and for other purposes. (Act March 4, 1907, ch. 2918, 34 Stat. 1295)

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[$1,000,000 appropriated from General Treasury in accordance with convention with Mexico.]-Toward the construction of a dam for storing and delivering sixty thousand acre-feet of water annually, in the bed of the Rio Grande, at the point where the headworks of the Acequia Madre now exist, above the city of Juarez, Mexico, as provided by a convention between the United States and Mexico, proclaimed January sixteenth, nineteen hundred and seven, one million dollars, to be available as needed and to be expended under the direction of the Secretary of the Interior in connection with the irrigation project on the Rio Grande: Provided, That the balance of the cost of said irrigation project over and above the amount herein appropriated shall be allotted by the Secretary of the Interior, as may be needed and as may be available from time to time, from the reclamation fund and collected from the settlers and owners of the land benefited under the provisions of the reclamation act approved June seventeenth, nineteen hundred and two, and acts supplmental thereto or amendatory thereof. (34 Stat. 1357.)

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