The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-21
THE MGARRAHAN CASE.
GENERAL BUrLFh's VIEW OF 1T.

General B. +. Butler has written letter upon
the McGarrahan claim, from which we make the
following eXtracts:-
My attention has been called to the several State
ments of tue newspapers about the hcGarrahan
claim, and its relation to the controversy between
Secretary Cox and the President j do not think
the merits and the position OF the case are exactly
understood by the country; certainly view of
them has moi, to my knowledge, been stated.
1t became my duty, as member OF the Judiciary
Committee Of the HOuse, to take part in the nvest
cation Of the case, and TO hear the very long and
abe arguments on either side in behalf OF the Nc
Garranan claim and that OF the New Idria Company
for many days during the last Congress; and after
the fullest investigation and the most patient
thought could give to the subject-and, will add,
from motives OF personal friendship to those urging
the claim on the part OF McGarrahan-I found my
self unable to come to the cOnclus on that Meg
han had any rights In the premises.
NJ, GarTahan sought an act of congress conferring
the title of the land on himself upon the ground
that he bought without knowledge of any delec6 In
the Con title, If any exists, aiJer tue Judgment OF
D United states Court had been given confirming
that title. The majority Of the committee We're not
convinced Of the valiury II his claim or OF his
ever to have had tltlr, and secondly, mat the
very Ingenious and aole attempt TO Import
the principles OF law securing the rights of pur-
hasers, without notice. OF commercial paper before
1t is due, Into the law concern ng real property,
could are ely succeed Upon that point the com
mite @ were inclined TO hold that purchaser OF
land bous ht greater title than the seller had To
sell, however much title the seller might have ap-
peared to have: aud for that and because the mat
ter had been fully sdudicated in the courts re-
ported against the pretensiOhs OF Mr.. McGirrahau
before going. on Win tne nearing, however, the
committee dret ted its Chairman 20 request the
Secretary OF the Interior not to issue patent to
any b dl TO the labd until the commit hal finished
the lnve stigatiOn in the premises. This request OF
the committee the Secretary at first promised to
comply with, but afterwards WAS very unwilling to
adhere to his promise, heng quite desir1us, appa-
rentIy to give patent TO the New lnra Company,
and asked the opinion Of the Attorney
General, whether he was bound to
withhold the patent at the request
OF the committee. Oi course the Attorney q eneral
replied that he not bound by law, but the
make it very iDcOnyenient for Mr.. Cox if he would
not listen 10 their suggestion and keep his promise
to them. The Secretary, however, upon cOnsidera-
uon thought it hest not TO issue he patent till the
committee had finished their labors.
In the waning hours OF the session, jnst then
clOsir &, there time tO summon the New idria
Mining Company to make good IN r tlt or further
TO investigate the same, and it suggested that
the whole matter lie Til the next Congress- and
that In the meantime patent should issue to any,
body until the rights OF the United States could be
determined
Itsppears that during the vacation the New Idra
COMPANY pressed upon Secretary Cox, and he was
about, his letter shows, to issue patent to them
which wonld have been HOof as against the United
States. The President nterfered to prevent it, 1t
is generally understood that that interference is in
behalf OF MCGarrahan. / do not believe that McGar-
that the people OF the United states have OF
right millions OF property In that claim which an
earnest ana careful investigation, in which the
Government should be represented, will snow to
belong to IL. The President has only been holding
the title TO the land In abeyance until the committee
Of the House of Representatives get through with
the inv estgatiion, and determine what the rights OF
the United States are In the premises. For this
think he ought to have the thanks Of all honest and
judcious meH BENZ II. BUTLER.