The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-01
SPIRIT or THE PRESS.
Editorial Opinions ofthe Leading Journals
upon Current opios-compiIed Every
Day for the Evening Telegraph
THE MoGARRAHAN CLAIM.

THE MoGARRAHAN CLAIM.
From the NJ Y. Sun
The withdrawal of General Jacob d. Cox
from the Department of the Interior at Wash
ington has been alleged to be owing to
disagreement between him and President
Grant on the subject of what is called the
McGarrahan claim. The nature of that claim,
its history, and the present condition of the
controversy about 1T, have accordingly come
to be matters of unusual public interest.
The land involved is the Panoche Grande
ranch, a tract of four Spanish leagues in
area, situated ia Monterey and Fresno coun-
ties, California, about one hundred and
twenty-five miles southeast of San Francisco,
and now occupied by the New Idria Mining
Company. All that gives value to it is its
quicksilver mines, it being almost useless for
agricultural purposes. With its improve
ments 1t is worth perhaps $1,00O,000.
The two parties contending for the owner
ship of the land are William McGarrahan, of
California, and the New Idria Mining Com
pany, of the same State. This company is
mainly composed of Barron & Co., the great
quicksilver merchants, who, with some other
foreigners, own one-half the stock; w. G.
Ralston, cashier of the Bank of California,
who owns one-eighth; and 30. Mills, Presi-
dent of the same bank, who also owns one
eighth. Mr.. McGarrahan's claim is based
upon an alleged grant made to one Vicente
Gomez by the Mexican Government in 1914,
which has been purchased by him. The New
Idria Company claim by virtue of actual pos
session since 1852 by settlers to whose rights
they have succeeded and under law of the
United States authorizing miners or mining
companies to pre-empt lands which they have
occupied and improved. Neither party has
received any patent for the land from the
United States as yet. Mr.. McGarrahan is
endeavoring to get such q patent, and the
New Idria Company is resisting his efforts
and trying to get patent for itself.
By the treaty between Mexico and the
United States made at Guadalupe Hidalgo,
February 26, 1913, it was agreed that exist
ing rights to land and other property should
be respected, provided they should be duly
established before commissioners to be APP
pointed to examine them and determine
their validity. Under this treaty Gomez in
1853 put in his claim for the Panoche Grande
ranch, with his proofs. Not being able to
show actual occupation of the tract, the COM
missioners in 1855 rejected the claim. On
appeal to the United States District Court
for the Southern District of California, the
decision of the commissioners was in 1853
reversed, and the claim confirmed. further
appeal was then taken by the United
States District Attorney to the Su-
preme Court of the United States,
which appeal was, in May, 1859, by consent
of Attorney General Black, dismissed, and q
mandate issued to the lower court directing
it to confirm the title of Gomez. The follow
ing year, however, Acknowledgement Black,
on grounds now alleged to be untrue, pro-
cured reversal of the order dismissing the
appeal and the recall of the mandate. This
gave the United States the right to prosecute
a second appeal within five years from the
rendition of the original Judgment After
the expiration of the five years, the District
Attorney of California obtained an appeal
order, which the Judge granting it after wards
annulled and refused to allow the appeal.
Nevertheless, the Supyeme Court took up this
second appeal, and in 1866, after various mo-
tions, the decree of the California District
Court was reversed, and judgment rendered
adverse to Gomez.
Pending these legal proceedings, Mr.. Nc
Garrahan had purchased the claim of Gomez,
and when the decision of the Supreme Court
prevented him from obtaining patent for
the land, he presented petition to Congress
asking for the passage of a special act con.
fiImipg Gomezs title. In 1868 the Com.
mittee of the House of Representatives re.
ported in his favor, but the next year the
Senate committee were equally divided. In
April last he had another hearing before the
Judiciary Committee of the House of Repre-
sentatives; but as yet Congress has taken nc
action in the matter. He asserts that stipu
latlOn was entered INTO between MS counSe
and the counsel on the other side, that, until
such action was had, neither party should
make any demand upon the Executive De
partment of the Government for patent moi
receive one, and that in violation of thi
stipulation the New Idria Company en-
deavored to persuade and did persuade Sec
retary Cox to issue patent to them. Presi
dent Grant, however, issued an order sus
pending all action in the case until Congress
should have disposed of it, and there tn
matter now rests.
In opposition to the claim of McGarrahan
the New Idria Company allege various fraud
on his part and that of Gomez. They charg
Gomez with having forged evidence, wit
having procured the first decision of tn
District Court in his favor by collusion, an
with tampering with records and officials
On the other hand, McGarrahan says that tn
New Idria people have bought up Unite
States attorneys and counsel, forged som
papers and destroyed others, and resorted t
bribery and cheating in every possible form
Those curious in such matters can find
detailed statement of these charges an
counter charges set forth in the dozen
more pamphlets which have been issued b
one or the other of the two parties.
THE DIAMOND FIELDS OF SOUT
AFRICA-ANOTHER GREAT IMPULS
TO CIVILIZATION.
From the N. Y. Herald.
From the horrors of the war in Franc
from the crisis to the beleaguered city
Paris and the French republic, from the e
ropean perplexities of the peace questio