, 1870-11-14
THE MGARRAHAN sWINDLE,

| e4en. uust. ~ r. tfnmnlAutly elected "
the people Of this district
THE TGARRAHAN sWINDLE.
optHicns Of Three Attorney General,
-AaacRs Natex. mud IEoRr-Th,
fraud FInErunG-Cox's Position
Defined by Himself.
A1TonsEr GENERAL HoAs's oP1S 1os.
ATTORNEY GENERALS UFYfCE,t
June =, lsd9.
Aen. j. 2. Cot, Secretary qf tie IMt<,ior:
SIN: have the honor 10 acknowledge tbt
receipt Of your letter OF lie 10th instant
tf3tsmlftlnE an executive document OF The
1htia ses sion q tie Fortieta Congress, being
letter from tho Secretary Of the interior
Transmitting copy OF correspondence, and
tther letterh on file In the Interior Depart
ment, fthtlye to tho clsiu 10 the land called
LctKcan yourself and tue Chairman Of thu
Judiciary Committee Of the House Of Repre-
sentatlyes, and between yourself and the
4 Hoo. VIM. Evarts. Upoa these papers you
| snotn!t, Tor my consideration, tLe fo1Io9iDg
| questions
:" F1s:. Have the New Lii. Mining Com
pany legal night to hare the question OF
.hetr claim to patent paasei upon, such that
| tbs department ia bound to consider and de-
tefMlne the same, notwithstanding the re-
guest from tho judiciary Committee Of he
llouse OF Represent for suspension OF
action?
second. In gene.a1.to el,at extent is one
Of the Executive Departments authorized Ia
delay action in carrying out the provisions Of
existing laws, upon the suggestions Of = com
nittce Of one Of tho housea o: Congress- that
proposition 10 change such lava viii be so >
mi.ted to that body: How far has sucl, de-
rastment power to delay in such cascs7"
I pTT THJH ~
eiderstiou, and an of opinion:
tir.t: That il, A. understand, the New
ldria Mining Company are prepared to eatab-
llsb, to the eatfsfnctfon Of your department,
their claim nuder the statute Of 1866, ch. 281
"a Stat, 25l). to receive patent for certain
have tho question OF their claim to such patent
passed upon, such that your department ia
bound to consider and determine the same,
notwithstanding the request from the Judi
clary Committee of tho House Of Eepreseuta-
tivcs for suspension OF ac:inn. Their claim,
- understand it, Is Of title to land, created
W law. 1t, under the 1aw, they have this IT,
Tie, and arc prepared 10 furnish the proofs OF
it, the Ian gives them the right to . patent,
and the iseuing patent Is not made d;scrc-
tionary with tho executive officers Of the goY-
trnment.
The question. then, resolves itself into this !:
Whciher. Hheu right il croated hy law, and
rDent Under the same Law, tho enjoyment or
enforcement Of such right can be suspended
Ut the request OF committee of the House
Of Relreeent atiyesS am unable to see that
tilis result could Eo obtained BY any action,
even Of the whole House Of Representatives,.
or Of other branches OF Congress, rnless By
change in the Law itself. To deprive any
fcrson Of right which the law crsates,
ut tho request OF A.4,s~:-. would be !
novel idea under 4 eJatsm 1t goverEmsnt
Which ia supposed to be government
Of laws, aud not Of men. II 1t wero 4
euhject depending upon your discretion, where
sha case, and the pzobabilit that = decision 1t
on9 ahle or another might affect them fayora-
blyM otherwise, the probability that Con-
grees would takN material action upon the
question involved might we'll have AZ import
ant influence in dctezmining your action, snl
the suggestion OF committee Of Congress OF
respect. But it cannot be that any person can
nEhtfully ba hindered In the enjoSment OF
bis legal rights upon the suggestion OF pos
eibititr that the Law may, at some- titno OF
cthe1, Ia changed.
cannot suppose that tho committee Of the
liouse Of neFrest nj ativea could have intend
cd 70 ask ron to delay your official action, ex-
ccpt go far a. It was ! subject Of your own
discretion, and would not involve tue denial
Ct legal right. The anawer to your quea-
tlous thus depends upon the fnct whether the
New 1dEia Aiming Company have a right to
their patent under the law.
Second. Tie answer u i-1r second 1ues-
tiun may be found in the Euos estions already
nsde- The Executive Depattneuis have no
right to omit or delAy the discharge OF the
duties imposed upon them by Law, 1t tho re.
quest Of committee Of the House Of Repre-
stItatives, and eau only pay attention to such
request when ii aHects \ discretionary
pUwer. e..
The papers submitted to mo ato herewith
rntur1 Cd. have tho honor 10 he, very re-
spectfully. your obedient servant,
E. R. HoA1, Attorney General
ATTORNEY oESEnAI. BLAcK's OPINION
A1T0RAkr GkSxRAL.S OPr1cH,}
s1n: The demard made By Em. acaa11a.
hau for tile revocation Of the order not ta
turvey the tract called panoche Grande, in
Southern Califofuis, ia wholly unfounded In
Law or equity. The original cisimsnt is u.
ecate 7. Gcmez. His title is believed to bs 4
agslnet iim. An appeal to the District Court
"as TAKEN b. fraud, and i decree Of cnnt31-
nlasiou Was entered there BY fraudulent
| Misrepresentation, which the Judge OF that
court will correct, Il be has not alsea1; done
TO, b. striking it from the record. Some
| Investigation Of the case took place last
tcln IN the Supreme Court, and an opinion
"N9 A[%4sEAEA ~ AAls NA3lIE8 HA4NG, RulEQ
explains pretty fully, but in very moderate
language, the disgusting corruption which
las Characterised nearly every part Of the
proceeding. II is not true that fual and
t!feve1sible dec1eo has been made in favor Of
the claimant The decree will be opened tv
the District Gour', and another deceee il
favor Of tho United States substituted in its
place By tho came court. II that should fail
(Which is not ut all likcly). An appeal will be
tsken to tho Supreme Court. In no event c,n
tho c!aimai.s ever get sbs lind, il the Interests
md rights Of tho government shall be prop-
e1lE defeuied. iousn truly, Us. nLAcK.
Hon. Jacob Thoupsur, Secretary Of the IN
terror.
AT1oRSEr GENERA. RATES nr1S1oS
ATTORNEY Generals UFF1cEt
NAsHlNG1tS. Nov. II, u
SIN: have been informed that m apulica-
ION has been made 70 the Commissioner Of
tie General L1nd Office for the issue of q
patent for tract Of land il the State Of Cali.
fcrnla. called Taooche Gr1ade, claimed by
Vicente r. Gomez.
l havs The honor to request that you will
forbid the issuing Of patent for this tract Of
land. for tho following reasons:
The claim Of Gomez to this ttact Of land wAs
rcjs cfed BY ths Board OF Land Commissioners,
aud having been removed from the District
Court OF tho Northern District Of California
to that Of the Southern District. q de-
cree OF confirmation VIE obtained from
tlAt court under circumstances which az
h'bit strorg evidence Of co1lusion and
q the case. Is reportAd in sd Hon., s26.
'ite Judge from whom that decree was OBJ
famed having re.son to believe that inposi-
tlCn had been pr1ciieel upon him, and that tie
teeIee was iuproysdanlly made, entertained !
mct,on for rehea1irg OF tho Case, wtie,
motion was continued from time to tius. Has
EE .een it1etmed that the successor Of that
,ne United States District Attorney Of thst
'4SF'ct calling his attention to ths general
order to obtain II appeal in ali casea decided
aSatnst the United States, and directing hln,
TO spEe.1 this clse to the Supreme Court Of
'f'e United States For rome unexplained
reached that Court. But desirs md IN
tend to have tho ease brought b.
tcre- the supreme Court for reyisT.
understand that the cl1lm Is alleged tn ooyer
most valuable mine Of quickmiyer. I, ia
ALSO alleged to Be utterly ftaudule1t aud iu-
fIeme Court: 20 that tEe Cn;it,; S:zias ~ rnsr u
have, what i has not get lad. S.is % shsnes t 70
:ett Ns validity. Under these circumstauces
4 IL hes1te necsssa-r 10 sag that 10 -,ant HE
claimants = patent befors the roTFnnn,t
mas mad fhst chance, would be ir,unrner. I
therefore beg to SIX that you will mako known
tEere facts 10 tho Commissioner Of the Gem
en-. eaa1 aeaa - opee TO The end that the appllca-
be granted s-' t1@' A''
am. sir very respectfully, your obtdient
eerEant,
Hoc !, . r,, Attorney General
non' D. =. Csher. se1esatJ Of TIC Interior.
tF1om = long letter o1 As,o.ue c;-ns-ss n.,.,
@'eo 'aV H. &c take the in1lowinK.i
4Af =, 1863.
"a ny ssaon haz been guided wholly b. VIA.
H3s seemed to Ne my Iny- !. -