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<br />The Treaty Provisions Relating to the Necessary Facilities For, and the <br />Administrative Methods of, Enforcement. Are Proper and Adequate <br />and Fairly Protect Rights of United States Interests <br /> <br />For the proposed treaty to be effective. it is most obviously necessary that pcoper facilities be <br />provided foc caeeying it into effece and that some responsible adminisrrative body be set up to enforce <br />its provisions. Those who are attacking tbe ratification of the treaty have placed more emphasis on jts <br />administrative provisions than on any other of its features. This method of attack has bad the pur- <br />pose and effece of drawing arcention away from the desirability of making a treaty at this time and <br />from the substantive provisions of the treaty. <br /> <br />Ie must always be remembered that rhe proposed creaty is between two sovereign nations, This <br />face is unaffected by the disparity in size, population. wealth. and military potential exisring between <br />the United States and Mexico. In any dealings between two sovereigns, the obligations and duties <br />imposed upon or accepted by one nation must be performed by that nation. Such duties and obliga- <br />tions may not be delegated to private interescs or local governmental subdivisions. Hence. it would <br />be impossible for the state of California. or any of its political subdivisions, or any of its private in- <br />terests, to receive or assume the responsibility of the United Sutes in the performance of the proposed <br />rreaty. This is clearly a function of the United States to be carried out through some appropriate <br />agency, A refusal to recognize this simple face is probably the cause of much of the California <br />opp~sition to the treaty. <br /> <br />As an administrative agency. the treaty adopts the International Boundary Commission, the <br />name of which has been changed to "International Boundary and Water Commission. United States <br />and Mexico." The International Boundary Commission had its origin in Article 2 of the Convention <br />of 1882. where it was created as a joint surveying party to run the international boundary and set <br />monuments. The International Boundary Convention of 1889 by its Article 2 provided specifically <br />for an International Boundary Commission composed of one Commissioner from each country. ap- <br />pointed respectively by the President of that country in accordance with its constitutional provisions. <br />The Commission was given definite powers in connection with boundaries and with works constructed <br />in the Rio Grande and in the Colorado River in violation of the treaties of 1853 and 1884. The term <br />of the Commission was five years, This was extended several times and by the Convention of 1900 <br />was extended indefinitely with a provision for termination by either party on six months' notice. The <br />proposed treaty now before the Senate changes the name of the Commission as indica red above and <br />continues the 1889 Convention indefinitely. <br /> <br />The Commission is entirely a creature of the treaties mentioned and of the proposed treaty. <br />There are no other authorizations for its existence. It has no general powers. The powers which it <br />has are those which are particularly delegated to it. The American member receives and holds his <br />office in accordance with laws of the United States. There is nothing to prevent any change in such <br />laws which Congress may deem wise and necessary. <br /> <br />The International Boundary Commission has functioned for over half a century, Ie has worked <br />satisfactorily in the handling of international boundary matters. Its past success indicates that tbere <br />may be a reasonable expectation of irs ability to, handle the additional duties imposed by the treaty <br />noW up for ratification. <br /> <br />The jurisdiceion of the Commission is specifically and clearly defined in Article 2 of the treaty: <br /> <br />"The jurisdiction of the Commission shall extend to the limitrophe parts of the Rio Grande <br />(Rio Bravo) and the Colorado River. to the land boundary between the two couneries. and <br />to works located upon their common boundary, each Section of the Commission retaining <br />jurisdiction over that part of tbe works located within the limits of its own country. Neither <br />Section shall assume jurisdiction or control over works located within tbe limits of the country <br /> <br />" <br />