Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-12-28

mu~cll-CONeEbeu EiNllsn MlsSlOn, Wnllo
he should afiront a man whose daily
public and official life was a standing
rebuke 10 his own, as a well-dressed,
well-mannered gentleman is a rebuke
10 a loafer, was too much for an adven-
turer like b. L. b. TO fail 20 improve.
lie volunteers a letter not apparently
addressed to any body, but written TO
throw new light on the subject. What
IN his letter is true is not new, while
what is new is not true. The doughty
warrior claims a bran new discovery, to
wit: that the lands in question belong
20 the United States. Why nobody
who didn't believe in M~cGarrahan's
claim,-sver doubted il. OF course they
belonged to the United States, but subject
to any claim. any citizen of the United
States might nave acquired by reason Of
compliance with the statutes granting
every citizen a right to pre-empt. To
say that they belonged absolutely TO the
United States, free from any right Of
anybody, was TO decide without hearing
the evidence. But that isn't hard for B.
+. Il. to do when sufficient object is pre-
scented. Again the hero Of Bermuda
Hundred and Fort Fisher a V that the
Secretary was about to issue a patent TO
the New Idria Mining Co., "as his letter
shows, when his letter shows that the
matter had not been heard even before
the Commissioner, and that all he was
about to do was to let the Department
proceed with its business. And, so far
from being about to issue q patent as
this swift witness hsstens TO swear, the
Secretary had not, weeks later any
opinion on the merits of the case, and
refuses to sven intimate an opinion TO
the Commissioner, least il might interfere
with his impartial judgment when the
matter should come up on appeal, which
It was expected would be the case, and
10 this day the Secretary has no opinion
on the subject, only on the right or the
New Idria Co. to have their case tried.
The question was not whether that
Company should hare a patent, but
whether they should hare a trial. Space
forbids the further following Of the
witness from Lowell. 1t would be doing
the President injustice TO presume thar
he had called b. +. B. to testify. He
has too good a knowledge OF men for
that, and knows too well who will be
likely TO be believed.
But the next witness who appears is
Of a different order. No one can denv
the truthfulness Of Treasurer Spinner.
Whose recent letter to the ECeRiag Post
furnishes the third explanation - in all
matters in which that gentleman is cor
rectly advised. His letter, however,
about this business, seems to muddle the
Presidents position worse than before,
and is an explanation" which most en-
phatically needs TO be explained. He
saws that "as the President understands
the matter McGarrahan claims that a
patent should be issued to him on his
paying The usual price fixed for Gov
eminent lands, &c, &c, &c. This gives
McGarrahan, in the opinion Of the Pres
ident no legal right to claim a patent for
the land. He, therefore, directed that
his name should not be signed to such a
grant without special consent. Now
this you will see was aimed at the Nc
Garrahan claim, and originally at that
only. And yet in every article in the
ECeHiHg Post on this subject, il is either
stated in express terms, or so put that
no other inference can be drawn there
from, that the President objected TO the
issuing Of q patent to the New Idria Co.,
because he favored the McGarrahan
claim" Now, bearing in mind that
some ten DAYS before the Presidents
letter was written the Secretary had in
structed the Commissioner 'that Nc
Garrahan was in nj sense a claimant be-
fore the Department, I" does it not appear,
not TO put too fine a point on it. that the
President was giving peremptOry orders
while in a condition Of the most absolute
ignorance of the real state OF affairs? He
takes the trouble to do an act Of ques-
tiOnable legality to prevent the Secreta-
~ from issuing a patent to q party
whom the Secretary had directed his
subordinate was not in any wise a claim
ant before the Department. And then
in the light Of this new revelation what
becomes Of the statement Of B. +. B.,
that this dangerous Secretary, whose de-
termination 20 issue a patent to McGar-
rahan had only been stayed by a Presi-
dental order, twas about to issue n pat
ent TO the New Idria Coz"
General Spinner says, farther;
1.-THE New Idria Company claims pri-
Ority OF right TO a patent, under a law in
regard to the mineral lands Of the State
of California, and hopes TO obtain at a
nominal price this valuable mineral land
that has cost the United States hundreds
Of thousands Of dollars to defend against
McGarrahan's claim. But it is hardly
worth while to enter upon the reason
why this Company Is not entitled to a
patent it is enough to know that the
President has all along and still thinks
that neither party has a legal right to de-
mand a patent, and he doubts whether
either party has any valid claim TO the
lands. He believes It still the property
of the United States and worth many
millions Of dollars; thinks Congress
should pass a law for its profitable dis
posal for the benefit Of the people. Up
on this belief he has acted throughout
the various transactions relating to this
land claim"
Now, the laws Of the country provide
how the public domain may be occupied,
how title acquired, and at what price per
acre, and these avs regulate the prices
for the mining Lnds Of California. The
claim in question was like all others
concerning mining lands in that State
to be decided in the same manner and by
the same tribunal. Upon the question
whether the New IdriR Co. had COM
piled with the statutes and thu acquir-
ed a right to a portion Of the land, the
Secretary, as before stated, had formed
nc opinion, and refused to intimate one,
the matter not having come properly !
before him. How is = with the Presi-
dent? He assumes, in his order direct
ing that no patent be issued, to have the
right Of final disposition OF the case,
and yet, before the Secretary, the judge
whose special province and duty it is
TO decide the question, has ever heard
the case, the President, the final judge,
says he all along thought the New Idria
Company had no legal right. En- PdTte,
without a hearing, nay behind the back
OF the claimant, with no proof, unless
the statements of interested parties be
deemed such, this our Of last resort
forms and expresses an opinion, and all
along LllnkS mat Inc claimant mas no
right. What this may be in a
President, 1 do not undertake to say,
but in one Of our minor judges such
action would be falr ground for impeach-
ment. Did man ever have greater cause
to cry out, as Te me from my friends"
But the President is not, by any .
means, as black as he is represented
by his friends. 1t is entirely improba-
BILE that he "all along thought" any
thing on the subject improbable that
he had in fact preiudged the case.
The proposition 70 invest the idea
that the land in question belongs to
the United States with a covering of
originality was B. F. BIS, and was
not preached by the President or his
intimates until after il had been sug-
gested by B. +. B. 1t has been here ,
tofOre shown that this proposition was
absurd. Equally absurd, too, is the
idea that these lands should form an !
exception TO millions of acres of like {
character belonging to the United {
states, which for forty years have
been open TO settlers under the law. {
Treasurer Spinner represents the !
President as thinking that Con !
gress should pass q law for IFS profit /
able disposal for the benefit Of the I
people, as though these same peo- ,
pie, through their representatives, /
had not provided for the profitable {
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