Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-12-28
For the CHRONICLE.
GRANT---C0X.s-WHY DDTHR LAT
TER RESIGN 1.-THE McGARRA-
HAN CONTROVERSY.

Mr.. EDIrOR:-The McGarrahau claim
Is Tor title TO a tract Of land in that por
ton OF California acquired from Mexico
containing many thousand acres. II
had been pending for a long time in the
Supreme Court Of the United States and
was finally disposed of by the Court in
the year 1865, the decision declaring the
grant void and the claim groundless.
Since then McGarrahan has been lobving
IN the most corrupt manner to get from
Congress what the Court had decided he
had no title OF claim to. In the Interior
Department he has been SIMPLY IN OBJ
strucuonlst, trying to prevent any one
else from entering up claim to any Of the
land under the general laws. in the hope
that he might eventually get a grant
from Congress, or falling that. might be
bought on by opposing claimants. The
lands, themselves, meanwhile. are SIM
ply part Of the public domain, subject
% p~re-emptiOn and settlement ike any
other mining lands OF California, and
under the same provisions Of statute.
The New Idria CO.-Of which 50 much
has been said-is a Mining Co. which
claims 10 have made such presumption
entry Of a part Of these lands, n asks
that the Interior Department pass upon
that claim and decide whether they
have or have not complied with the stat
ute and so acquired a vested right in the
property. The law Of 1896 brightly,
vol. I, p. 462, 80 gives original jurisdic-
ton in all matters appertaining to the
sale of public lands and the issuing of
patents, dc, 70 the Commissioner Of the
General Land Office, under the direction
Of the President of the United States.
This direction of the President is held
to mean that he shall prescribe the gen
eral directions consistent with the law,
which are to govern all claims for land,
but not that he is to decide in a given
case, whether n Or another shall have
a patent. The Statute Of March Sd, 1919,
tsame authority, al, t53l, devolves upon
the Secretary OF the Interior all duties
in relation 10 the general land Office "of
supervision and appeal which, in the
opinion of good lawyers, invests the
Secretary with final appellate jurlSdlc-
ton. Ii this Wow be correct the BreSl-
! dent. in a given case, has nothing what
/ ever to do with the business. II b Sec
| rotary loses his confidence he may re-
move him and appoint one who will
more nearly represent the Presidents
wishes. but the new Secretary Will still
be bound as an honest man and an inn
partial Judge, to decide the case in ac-
cordance with the law and evidence
whether II plesses his superior or not.
The claim of the Idria Mining Com
pany was and still is pending before the
Commissioner of the General Land
| Office. McGarrahan's claim, for a grant
Of the entire tract, being pending in
Congress, a~ndh8ving been referred tOthe
Judiciary committee, by agreement of all
concerned in the proceeding at the Land
Office that matter was stayed until the
Judiciary Committee should pass upon
M~cGarrahan's claim. That Committee
did pass upon it, seven being dead
against the claim, with but three in favor
Of il, and by such a majority, directed
one Of their number 10 draw up the re-
port. These facts being presented to the
Secretary of the Interior by a written
statement of one OF the Committee, and
The New Idria Company insisting that
their case should be proceeded with, and
the Attorney General having before
given an official opinion that the case
was in 10 sense before Congress so as to
interrupt the action OF the Department
under the laws, and that the claimant
had the same right 10 insist upon hear
ing and decision as in any other case
under the statutes, which opinion had
been announced in Cabinet, the PrcSi-
dent and every member Of the Cabinet
cOncurring in the view Of the law given,
the Secretary could see no good reason
WHY the matter should be longer delay
ed. ana ABOUT the nAA4AAE u III
racted the Commissioner Of the Land
Office to take I'D and dispose Of the
claim OF the New Idria Co., in its order,
las the law and facts might warrant, y at
the same time instructing the Commits
sioner that McGarrahan was in no sense
a claimant before the Department. Az
ter this direction had been given, viz :
on the 2Sd of August, the Secretary re-
ceived a letter from the President the
same n published,) announcing that
he had heard that the Secretary had ap-
pointed q day Of that week to hear ar
Cuments in the McGarrahan case, which,
IN the-ppinion of the President was well
enough, for eff Congress should fail to
settle the case, we may have il to do, and
the soOner we know the points OF il the
better The President adds: "HOW-
ever. As the matter had been taken in
hand by Congress before the incoming
Of this Administration, and as 50 much
fraud is charged and believed to exist on
both sides, 1 am not willing that my
name should be signed TO a p tent for
decided the question or declared its ina
bility to do sO.' He then requests that
the Secretary for signing patents be di-
rected not to sign except by special or
der.
Though the President was thus mani
testify mistaken both as to fact and law,
that is, as TO the condition Of The McGar-
rahan case in Congress and OF his legal
right to interfere by arbitrary order, the
Secretary Immediately gave the direc-
ton required, and on the sd responded,
advising of direction given, and furnish
ing the President a full statement Of the
history and status Of the claims, both
Of McGarrahan and the New Idria Com
panv. The letter further advised the
President that a suit had been commence
ed by McGarrahsn in the Supreme
Court OF the District OF Columbia to
obtain an injunction to prevent the New
Idria Co. from prosecuting their claim
in the Department for q patent under
the law, and a notice had been that day
served on the Secretary to appear before
that Court on the 30th, and show cause
why an attachment should not issue
against him for directing the Land Office
to 20 forward with its business. He adds
that he is at a loss what legal steps to
take, the Attorney General and all other
experienced advocates connected with
the Executive Departments being away,
and suggests that in his opinion no cues
ton more gravely affecting the dignity
Of the Executive, and its independence, /
will be likely to arise, and thinks the
situation fully warrants the President in
ACAEE4aAAAAA 1T @AAN-AAEN VII al II AAAA ]
all the Cabinet, TO meet at Washington
before the 3Oth.
Considering that this new suit of Nc
Garrahan in the Provisional Court OF the
District Of Columbia was in fact an at
tempt to interfere with and control the
action Of an Independent Department Of
the Government, and make it subservi-
ent to that petty Court, it would seem to
most persons hat the occasion did war
rant the President in acting upon the
suggestion of the Secretary, yea, made
it his imperative duty to do so, but the
attractions Of Long Branch were in the
way, and those attractions proved the
stronger. However, the President had
approved the Secretary's action, so far
as he had acted, in the New Idria Com
pany's claim, and the examinations of the
matter proceeded before the Commits
sioner OF the Land Office. The case pre-
scented to the Commissioner some rather
knotty law questions, and that officer,
being in doubt As to how they should be |
decided, wrote 10 Secretary Cox, asking
his opinion, 10 which the Secretary, under
date Of Sept. 18th, responded as follows :
You submit for my opinion certain
questions. lnasmuch as this case has
involved much acrimonious dispute, I
prefer TO follow the course indicated in
my letter Of 18th ultimO, and have YOU
make Your decision unaided and unbias-
ed by any opinion Of my Own, reserving
any expression Of my own Judgment
until appeal is properly taken" &c.
II does not appear b further action
was had in b e Interior Department in
the matter. but IL is understood that the