The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1870-11-30

c>LiOIlSllcu ny SOnSiSSo W dulJuSI SuS'l
titles, and was by them rejected
Upon appeal to the District Court,
however, after the decision of the
Fremont case, the claim was adju-
Dictated by hat court in favor of Go
mez, the clerk in the ComrDissary
Department, under whom McGarra-
han claims. But the unfortunate
fact was that one Pacificus Crd, the
United states District Attorney, who
ought 10 have protected the rights o.
the United StateF, was at the same
time 4 joint owner in The claim, hav-
ing purchased half of it of GomeZ-a
fact which, in my judgement, taiuts
the whole proceeding, and this faint
is not in any way lessened, because in
other Mexican grants Gomez admits
that Ire was accustomed to io"-c the
title grants in such claims, showing
his ~capability in that line by doing it
in open court. in presence of the judge.
After adjudication of the Court, and
before any appeal vas taken, McGar-
rahan without any notice of the fraud
of Gomez, for ought that appears, ex
cept that the papers show that Ord,
the District Attorney, was owner Of
an interest in the claim, bought the
claim for a valuable consideration.
But the United States, represented
by the late Edwin NJ. Stanton, after
ward appealed the case to the Su-
preme Court, and after proceedings
there of great length and cost, some
of which could well have been differ
ent and which it is unnecessary to so
into, the claim was adiudicatcd as
wholly void and set aside.
In the meantime some four persons
had entered upon the land under the
name of the New Idria Mining Com
pany and had developed the quick
silver mine in the land in dispute,
worth, as is alleged, some 100000
This company has always appeared iii
the courts and before Congress IN
various forms rs the opponent of
Nc Garranan, claiming title to. the
land, and the question has always
been dealt with as if it were one in
teresting only 10 these two claim
ants.
McGarrahan sought IN. act of Con
gress comforting the title of the land
to himself upon the ground that he
bought without knowledge Of any
defect III the Gomez title, if n ex-
lists, after the Judgment of United
States Court has been given confirm
ing that title. The majority of the
majority of the committee we're not
convinced Of the validity of his claims
or his equitable rights, because, first,
Gomez did not appear yer 10 have
had any title; and, secondly, that the
very ingenious and able attempt to
import the principles of law securing
the rights of purchasers, without no
ticc, of commercial paper before it is
due. into tic Ia" concerning real
property c, uI' :carccly sic, Gel. Up
hat Point tho committee were
inclined t. hold that n purchaser Of
land ought no greater title than she
seller had to sell, however nuch title
the seller might have appeared to
have; and for that, because the mat
ter had been fully adfudicated in the
courts, reported against the preten-
of Ar. McGarrahan.
Before going On with the hearing,
however, the committee directed its
chairman to request the Secretary OF
me Inferior not to issue a patent to
anybody for the land until the COM
had finished the investigation
the premises This request of the
committee the Secretary at first prom
sed to comply with, but afterward
vas very unwilling to adhere to his
being quite DESTROYS appar-
entity TO give q patent to the New
.dria Company, and asked the opinion
If the Attorney General whether he
vas bound TO withhold the patent at
he request of the committee. Of
course the Attorney General replied
hat lie was not so bound by law; but
lie committee came to the conclusion
hat they would make it very incon-
'enient for Mr.. Cox if he would not
listen to their suggestion and keep his
promise to them. The Secretary,
however, upon consideration, thought
t best not to-issue the patent till the
committee had finished their investi-
When the committee had agreed
Ipon q report as 70 the rights of
1cGarrahan, not with unanimity,
however, one of their number sug-
,ested another consideration as seem
ng to him worthy of investigation,
which was. that the United States had
pent some quarter of Il million of
more or less in defending this
and from McGarrahan's claim, all
hat money. seemed to have been spent
n the interest of the New Idria Min
NO Company. ard that member of
he committee desired to inquire by
What title the New Idria Mining
Company Claimed to hold the land,
nd was informed it was only under
he mining laws of California. He
hen raised the question in committee
it was that four persons, who
,ould only hold, under the mining
avs of California, as it was under
TODD, one thousand feet each of Min
ng lands, could claim many leagues
# land against the United States.
In the waning hours Of the session,
ust then closing, there was no time
o the New Idria Mining
Company to make good their title, or
urther to investigate the same, and it
vas suggested that the whole matter
lie over till the next Congress; and
lat in meantime no patent should
ssue to anybody until the rights of
he United States could be determin
ID.
IT seems that during the vacation