The New York herald., 1870-01-20

of No ess was prior ~ that time the front block.
facing the river and that the PRIOR TO that date
even encroached upon the block then fronting UPON
70 such an extent that the eastern hnc OF
tne block WAS submerged land. Tnis was block
No. a, and the DEFENDANTS claim that their iou 10
tho Old spanish town that block actually extended
70 the river, and were occupied bY fnem 10 the
waters edge and that thereby the act of isi2 vcssrd
ms'e ~ " voc main channel IN tue Individual oweess
belongs 10 such Individual owners Tue piainiin
Insists mat w the plan ON wnca the Ola spanish
Town was iaib out there was actually margin OF
shore In 'front.' oi tins block whicnwas reserved Tor
puuIic use t landing and street, ana that tue uile
W thh puDic land by virtue OF the treaty OF ce.sOn
vested IN the United states, and therefore was aot
Oy the ACT ol 1sl2 vested IN individual lot owners.
inc decision OF The eases involves the examination
~ numerous NATIONAL state, county aud lusitets
recorda which are IN evidence, and are c1nsadered
ia she argument Montgomery Blair ana y. A. Dick
for planl,n IN error; Thomas 7. Garrett Tor delcn
danss. Jonn II. Fry. Of New YORK. w.s admitted 10
the bar.
No ss7. Jacob d. COR. Secretary Of ne Hasrror,
FWtsstV ~ Error, o.. The Uatted States er Fei. va.
an MsGdrfdflaf ia error 10 the Sillgr7a< court Of
the District or Cotvtbia.-Ihc Court oveFrulei ths
mOtlon made on Monday IN tnis by counsel tor
McGarranan TO rescind the order assignlDg IL for
immediate argument and the cause was taken up On
ils merits ana argued by me Attorney General and
MT Ashton special counsel ior tue secretary OF the
Interior, the counsel Tor Mc,sarrahan obtaining
ieAve TO ne brief WITHIN week. Tue Attorney
General commenced his argument with tne follow
Ing deciaration:--insr record presents, We suppose
the most extraordinary exhibitions ~ The unwar-
raniaoe exercise Of judicial power ON the nart Of
tue notice Of tins appellate tribunal. The
iacs OF me case are familiar. in Decem0er, lsc,.
cMni W tract oi land IN Caiuornia known az tlse
fanOcne Grande Rancho. iled petgiou in lne "a.
lor u writ OF mandainus, commanding secretary
browning to issue palent FOR the land alleged To
be embraced by the c.alm. Hts rlgal demand and
upon the provisions OF the seventh section of Inc
act OF July 23 1866, ented, An act 10 grant land
titles In California for Tue benell OF 0O, bde ppr.
chaaers complying with all the provisions OF the law
IL Is c0ntended that the petition OF Mcoarrahan NOT
averring that tho proof Of me facts M re.
CURED by this law hal been mace under
the regulations Of the Commissioner OF the
General Land once, and wilaout averring thai
the lands In question were not mineral lands con.
tanning mines OF gold, silver. copper or clnnabar,
and thus not excluded by the proyiso from the opera
ton OF the statute, alleged SIMPLY tnat the facis
stated In the application for the writ were proved
by the reatOr To Mr.. brownlng, the Secretary and
thai ne had found from the proofs that tne rcator
In good iaith and for valuable consideration plr.
chased the lands from Gomez. Upon sucn "A show.
ing inc supreme Court Oi the DISTRICT ot Columbia
without nouce TO Mr. browning, ordered, on the 7in
OF December, rule 10 issue commanding INN to show
cause on the third Monday IN January, 1s8y before
the Court al General Term why the writ oI man.
Browning Med return In the nature Of Z
plea 70 the jurisdiction OF the Court, submit
ting simply Inc suggestion thar tae Court was
without jurisdiction or the subject matter OF the
case and could not grant the writ-Oecause, nrst
the matter oi the petition was purely OF executive
cognzance, resting on the judgment and discretion
OF executive officers In the ordinary discharge OF their
oicia duties; second the issuance ol palenIs
for lands Is Dy statute the duty of the President
The United States. This question Of jurisdiction was
argued IN the early part Of February and the sth
Of July last IN VACATION An order Judgment was
ned In the Clerks otiice nuTlc pro ttnG Of 9Th
OF February. directing that preremptory mandamuf
issue, directed to Secretary Browning his sue
ccssOr In Olcc, to issue patent 10 Mcarrahan Tor
the tract OF land described In the petition contain
ing ~ ~ 100 acres, upon his paying TO the United
states $22,2l0 vi. On the same day the writ WAS
issued ana served on Mr. Cox, Mr.. browning having
retired from Office iOur months before and Mr.. Cox
having succeeded him. The points as TO jurisdiction
raise0 Oy Secretary Browning Insisted the
Argument and 1t Is cOntendcd inrther tnat great az
was the error Of the court below rendering final
Judgment against Secretary Browning witnout "A
rearing on the merits OF the It's error IN render
ing Judgment against ms successor, MIR. Cox, was
StIll more nagrant MI COX WAS not in any way a
party 10 the proceeding, ana The first knowledge o
IT, az shown by the record, was obtained from the
writ commanding him TO issue the patent. The pro
cceding mad evidently abated on the retiremenG O
Mr. Browning. IL Is also Insisted that the judgment
pursuant to which the writ issued, under the
circumstances above set forth, entered without
even color OF authority OF law ana upon the face
OF tine record is absolute nulty; also that ths
lands being mineral lands are expressly excepted
from the grant made By the act under which Mctiar
ranan claims.