The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-21
THE M'GARRAHAN 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 slate
ments Of tue newspapers about the McGarrahan
claim and It's relation to the controversy between
Secretary Cox and the President. i do not think
the merits and the position of the case exactly
understood by the country; certainly one view Of
them has not, to my knowledge been stated.
II became my duty as member OF the Judiciary
Committee OF the House. to take part in the investi-
cation of the case, and TO hear the very long and
alb arguments on either side in behalf OF the Nc
Garrahan claim and that OF the New Idria Company
for many days during the last Congress; and after
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 cOncus on that McGarra
han had any rights In the premises.
NJ, Gauahan sought an act of Congress con'erring
the title of the land on himself upon the ground
that he bought without knowledge OF any deGecG in
the Con ez title, If any exists alter tue Judgment OF
that title The majority Of the committee were not
convinced OF the Validity II his claim or OF his
equitable rights because first, Gomez did not appear
ever to have had any It'll" and .econdly, mat the
very ingenious and sole attempt 10 Import
the principles of law securing the rights OF pur-
hasers without notice, OF commercial paper before
it is due, Into the law concern ng real property,
could s. arCely succeed. Upon that point the COM
mittte were inclined 10 hold that a purchaser OF
land bous ht greater title than the seller had to
sell, however much title the seller might have ap-
peared 10 have and for that, and because the mat
ter had been fully sdjndicated In the courts, re-
ported against the pretensions Of Mr.. McGarrahan.
Before going on with the hearing, however, the
committee ted its Chairman 20 request the
Secretary OF the Interior not to ssue patent to
any bt dl TO the land until the committee hal finished
the investigation 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 heing quite desirous, appa-
reDtIy to give patent TO the New lnria Company
and asked the opDiOn Of the Attorney
General, whether he was bound to
withhold the patent at the request
OF the committee. OF course the Attorney General
replied that he was not so bound by Law, but the
committee came to the conclusion that they would
make it very iDcOnyenient for Mr. COX if he would
to them. The Secretary however, upon considera-
ton, thought 1t hest pot to issue The patent till the
committee had finished their lHbOrs.
In the waning hours OF the session, inst then
cOsirg &, there no time t1 SUNNI the New Idria
Mining Company to make good IN ir nit e. or further
the whole matter lie over 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 Idria
Company pressed upon Secretary Cox, and he Was
about as his letter shows, to issue patent to them
which wonld have been good rs against the United
States. The President inteTfered to prevent 1t. 1t
is generally understood that that interference is iu
behalf OF McGarrahan / do not believe that McGar-
rahan has interest In the question whatever but
that the people OF the United states have OF
right millions OF property In that claim, which an
earnest and careful investigation, in which the
Government should be represented, will snow to
belong to Ii. The President has only been holding
the title TO the land In abeyance until the committee
the inv estigaon, and determine what the rights OF
the United States are In the premises. For this [
think he ought to have the thanks Vf all honest and
judicious men. BENZ. f. BUTLER.