File No. 711.1215/391.
The Secretary of the International Boundary Commission to the Secretary of State.
Land in Chamizal tract desired for use of Pearson Plant covered by suits numbered 441 to 451 inclusive in trespass to try title brought in United States Circuit Court western district Texas fall term 1906 by Texas and Pacific and El Paso and Northeastern Railroads against some sixty-two defendants. Sequestration writs issued in all these cases and Marshal took possession of all property on February 15, 1907, except those parcels of land described in suit number 450 as being occupied by Patricio Martínez, G. Baca and Aurelio Muñóz, who gave the necessary replevin bonds, and Santiago Granada, who was not properly served in first instance. On April 13 and October 10, [Page 959] 1907, the United States District Attorney intervened on behalf of United States and asked for continuance, which were ordered by court with instructions that no further process or writ be executed until further ordered by court. And so these cases stand.
Deputy Marshal Hillebrand advises me in writing that he is in possession of the land covered by suits with the exceptions above mentioned, and I have verified this by personal examination. Deputy Marshal states he can turn over property to railroads immediately upon receipt of instructions from Marshal to accept their bond. As Marshal was in possession of this land on March 15, 1910, with exception of what [was] occupied by four parties above mentioned who will not now be disturbed, I am of opinion that the taking over of this land by railroads would not violate agreement for status quo, and recommend that Department cause Marshal to be given instructions to accept bond. Apparently to [no?] good purpose would be served either Government by continuing the present satisfactory [unsatisfactory?] conditions on the property in question, while great good will be done the communities on both sides of the river if this large enterprise be permitted to proceed with its plant. Mexican Commissioner telegraphed requesting intervention and I have written him advising him of facts in case. Unless I receive instructions to contrary will leave here Saturday.