The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-10


Attorney General last year, the case Is in no such
sense before Congress as to interrupt or impede
the action of the Department under the laws; but
the parties have the same right to insist upon a
hearing and decision there that they have in any
rights under the explicit provisions of the statutes
Congress has assumed no peculiar jurisdiction or
the subject.
McGSrrshan petitioned the last Congress, as he
had the two preceding Congresses to make him q
grant of lands in California, including within the
boundaries named in pretended grant to one Co
mez (which tho Supreme Court of the United States
declared void in 1865 He has appealed to Congress
in vain. At the last session it was again before the
Judiciary Committee of the House of Representa-
tives and the parties consented to suspend the
test in this Department till that Committee should
pass upon the matter of the petition.
The committee did pass upon 1t, and by vote of
to determined to report against granting the
prayer of his petition and directed Mr.. Peters of
that committee to draw up their report. Mr. Pc
ters statement of these facts is filed with the pa
peTs in this department. The New Idria Mining
Company claim that their business should bo
taken up and disposed of. McGarrahan claims, on
did not find the opportunity to make their report to
the House, should hold the other parties to still fur
ther delay until the next session of Congress.
To this the other side reply that it the action
of the committee that they consented to await and
counsel before the committee, to the effect that If
the committee decided against them they would
make no further contest. The departments, as the
Attorney General decided, was not authorized to
delay its performance of duty under the law at all
except by common consent of the parties in in
terest, and has only taken the responsibility of
delay in cases where manifest equity required it,
and where action by Congress is probable, after
careful inquiry and investigation.
think it clear that neither of these conditions
exist in the present case. MCGaTTahan's original
claim has been now for five years decided bS the
Supreme Court to have been utterly fraudulent
and void. He Immediately made his effort to OBJ
tain relief from Congress, and five years Of the
effort have beeDLfutle. Pending;these petitions to
Congress, he attempts to obtain patent from this
department on the ground that the lands were only
agricultural lands and did not contain gold, silver
or quicksilver mines, and might therefore be
This was refused by Mr. Browning, my predeces-
sor, the ground that the nds mining
lands, and the new ldria quicksilver mine was no
toriously the bone of contention. McGarrahan
then sought to force the department to issue them
patent by a writ of mandanus from the court of
this district and after the unprecedented action of
that court in allowing the writ against me after
Mr. Brownng's retirement, the Supreme Court of
the United States reversed and annulled the pro-
ceedings in the court below in judgment which
reflected with great severity upon all concerned in
procuring such action.
McGarTahan stands before the department, there
fore, as fraudulent claimant, who has twice been
foiled and condemned in his fraud by the highest
court of the nation, and whose efforts to procure
favor from Congress have also failed. His claim
for still further delay, in order that he may try
whether he cannot yet obtain legislative action in
his favor which may give him that which the courts
have determined that he has no right to under the
law, seems to worse than baseless, and should
feel as if were party to wrong upon Congress
were willing to do anything to subject them to
further annoyance from such source.
Under the opinion of the legal adviser of the
government, therefore, and in full accordance
with my own sense of right and duty, have said
that the Department will no longer delay in pro-
ceeding with its business according to law. AT
this stage find myself met by another effort at
obstruction McGarrahan brings suit in the same
Court of the District for an injunction against the
Idria Mining Company to forbid them from
applying for patent for the lands they claim
pany is in California wholly out of the jurisdiction
Of the Court is it pretended that lawful service
of the writ can be made on them.
Their attorneys here are made defendants, and
the Court is asked to forbid them from prosecuting
1nfn ttn trhi haa
jurisdiction, and this is too when, in the manda-
mus last winter, the Supreme Court decided that
the jurisdiction of the department was exclusive
and absolute, with which no court could lawfully
interfere. The department is not party to this
s yet S eaa cr 0 Se & me
show cause why an attachment should not issue
against me for directing the Land Office to go for
to be at the mercy CT such proceedings these,
we shall justly become the contempt of the nation
TO show you still further the unblushing knavery
of McGarrahan's conduct, gentleman allowed me
to read letter directed to him by of McGarra-
hans attorneys, in which the attorney offered for
McGarrahan, stock in his California claim to the
amount of twenty thousand dollars for the use of
his influence with me to procure favorable action
for him in this department. AS to appearing be-
fore the court, am at loss what to do. The At
torney General has gone to Georgia, and leaves
no assistant who is an experienced advocate, his
department, as you know, not being fully organ
iZed.
The District Attorney, who would be the one to
whom should naturally go next, is Judge Fisher,
who Was one OF the TWO judges VINO signed the WITH
of mandamus last year, and of course he could not
defend the department without condemning him
self; and Congress last winter, in the act organic
ing the Department of Justice, took away from the
other departments the right to employ special coun-
sell My belief is that no question more gravely af-
fecting the dignity of the Executive and its inde
pendence will be likely to arise during your admin
istration, and think the situation fully warrants
your telegraphing the Attorney General II not all
| the Cabinet, to meet you here before the 3Oth.
For myself, as l am conscious of having only
! fought the fraud with such vigor as L could can
make no compromise, and if fail to secure to the
fullest extent your approval of my course L must
beg you to relieve at once from duties in which,
| without your support, shall utterly faiI In beg
| ging to be remembered with greatest respect to
| Mrs. Grant, remain, very truly yours,
j. d. Cox,
To the President.