Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-01-20

tary Of the Interior, (Who had been ont
Of Office over four mOnths,) or his suecsJ-
GOr IN office, commanding one or the Other
of them to Issue to McGarruhau patent
for certain lands In California, rs prayed
In his petition.
This writ OF mandamuI was, according
10 the record, on tho same day served on
Hon. J. d. Cox, tho present Secretary Of
the Interior. That gentleman Uolng dis
tlngulshod lawyer, was well aware that
Judgment could not lawfully DO entered as
against him until after he had had notice Of
the proceeding In the ordinary manner, and
never having had such notice, Of course de-
clined to obey the writ until the Supreme
Court Of the United States should adIudgo
that II was regularly and legally Issued and
applied to him.
Accordingly on the 2sth OF October last,
Hon. J. Hublcy Asbto2, 81. 6ehalf OF secre.
tary Cox, nled s'rhotlou In TIE Distric, su.
prem9 !Gerf TO vaeate the Judgment against
.IMf.e Coz, and to quaIh the writ OF man
damus. This motion was argued, bat the
court delivered no opinion thereon, and so
on the eth Of November following, tho mo-
tIon was, by leave Of the court, withdrawn,
and a writ Of error was Issued from the su-
preme Court Of the United States on the
Both Of the same mouth.
Tho cause was set for hearing In said
court on Tuesday last, when Mr.. Philip
Phillips, for the defendant in error, (McGar-
ranan, } moved the court to rcsclnd the order
assigning the cause for hearing, as stated
above, and argued that It could not DO reg
ularly heard during the present term Of the
court. This motion the court took under
adVlsement, and yesterday held that the case
stood for argument at this term, and must
proceed. Mr.. Merrlman (for McGarrahan)
moved that II DO continued. Tho court re-
fused the motion, but, with the consent OF
the Attorney General, gave him (Merrlman)
leave to file a brief for the defendant In error
on or before Wednesday next.
The following Ia a copy Of the brief Of the
plaintiff In error (Mr. Secretary Cox sub
mitted TO tue Supreme Court Of the United
States yesterday. The Attorney General ant
Mr.. Ashton appearing for the Government
and arguing the casei
In the Supreme Court Of the United States
December term, 1869. Jacob D. Cox, seere
tAry Of tho Interior, plaintiff In error, VS..
The United States, er. rel, VIM. MCGarra-
han-No. 387. In error to the Supreme Court
Of the District Of Columbia.
STATEMENT AND ARGUMENT FoR rLAINTIFF
IN ERRoB-sTATEMEET or TUE CASE.
This record presents, we suppose, the most
extraordinary exhibition Of the unwarrantn-
bic exercise Of judicial power on the part OF
court that has ever been brought to the
notice OF this appellate tribunal,
On the 3D. day Of December, 1868, VIM.
McGarrahan, the alleged purchaser Of the
claim Of Vincent F. Gomez to the tract OF
land In California known as the PaHoehs
GrdHds Rancho, filed a petition 10 the SUI
pTemo Court Of the District Of Columbia
praying that d writ Of maudamas might be
Issued, commanding the Hon. o. II. Brown.
ing, Secretary of tho Interior, TO issue, OF
cause 20 DO issued, TO him, McGarrahan, a
patent for the land alleged TO be embraced
BY that claim. Cree, pp. 2-5.)
Tho GomeE-McGarrahau claim Is wei
known 10 this court. (23 How, 32Gj
Wall, 690i WALL, 1872
His right TO demand aud receive such g
patent was placed in the petition upon the
provisions Of the 9Th section Of thu act o.
July 30, 1868, entitled dan act TO quiet land
titles In California"
THAT whore persons, IN good fdHh and for a
galtlbls CONFEDERATION, have puTeh ABed lands OF
MICHIGAN grantees or assigns, which grants
have subsequently, been rejected, or whore the
lande 80 purchased have been excluded from
the haAl survey Of any Mexican grant and
have uied, Improved and continued IN me defAdi
P0sistisoH ~ ne same, according 10 tho lines OF
their original purchase, dRd Where no adpeyse
rtgh or tIe Except OF tho United BtAteSl
exists, such purchaser may purchase the same,
Aflnr hMWlnT nu0h land FMFWRWnN -
Ing laws a. the miulmum price established by
law, upon htst making proof Of the facts ne,
CURED 10 ms section, uHder regulations 10 BE-
provided ~ he C0nRg1igHsr erAs GsHSTal Land