New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-02

ton by the httOrncv- General In 1888 me HON H. NJ.
stanton filed motion 10 aside the decree In the csss
OF oonez on The ground Of fraud; tn. motion was never
dsp9sed or The report then expGscs me conspraey ~
which ORD and Others fraudulenty and surrepnuousy
procured to be entered the flies OF the u supreme
Court a record OF appeal never made by the Cour.
McGaahan then applied 10 the Clerk Of the Court for
transcript Of record This received but it contained
cord Of The motion made By Stanton. This transcript
McGarraDan returned win request TO send him anoner
showing mt an appeal mad been allowed, and aso 70
omit HantoRs motion, and TO make It up re-
ont the knowledge o. the Court. McGaTahan's friends
took the latest transcript TO Attorney Black,
and sled him TO allow nc decree o. Tho United states
Deric Court to be corhmed; hnt suspccting fraud re
refused ~ do H. 1lcreupon hcCarrihan went into the
supreme Court, Which, ~ accordance With OF its
rules, dismissed ia. atPes anu cohImcd the decree o.
the Court below Judge Ogier OF the California District
Court, discovered the imposition and the AtOrneyGen-
era moved the Supreme Court to escind IT. tormei
action Tic supreme CONT on Information Of facts, set
ASIDE tie order ~ conf nation. This le the claim A. IL
came RON me O9mpi9soher oeclee1 III FAVOR 1i me
United states JUDGE Ogier died, and was succeeded by
aside Of Judge Ogiers vacatng order, and appeal
from his decision 10 the Supreme Court was granted On
appeal To De taken TIE supreme Court and called i0r
the record, and the Clerk OF the Couse refused 70 make
transcript Of the case permit one 10 be made Alter
than year OF usucce cncayOr tho ACoTn'y-
General finally obtained ranscrp through tho AGENCY
dismiss the appeal on the ground that more than I'VE
years had elapsed since tine decree was prenounced
then rejected the claim. The Committee express the
opinion that this decision j. e0usteIt WIN AL 0lhrs on
oG tbor own dcrie,on on the merits Of the case must
hoe been adv,rsa 10 the claimant. Daring all
the time the claimant keeping Transcript non tue
Attorney Generalhe was m3knE cN Id0fulhalA htnohs
To- get n patent from the Interior Department h1ping
to Get il before The case again got on the docket tie
Court. This atempt nearly succeeded, the fecFrtMt 81
the Interior not Knowing what Going on in III court.
nov, SECRETARY OF the Interior Usher. allowed patent
10 he issued with the provision mat y ao"d % oh3
oro gce evidence o. Tie location OF the land garted
bn not conclusive evidence ~ tide. Nine daJs aer
this ruling Att0Dey-Gehcral BAGS luIoilNu ~,
SECRETARY that tie case wo-.d be re' tHed
In tho Supreme Court thercapon the >ecIe;;
tary ordered the Commissioner o., ue 1870 30
mex point IL the claim OF Inc pct TONER that frrSdent
Lincoln recognized his alicerdrlNN S'o't'lo. J.. tp
from sne letter Of Daniel T. sici's dated Jan - s5i,
rs one of thc parties ted in the grant, 10 c eret
TINT in the Spring OF lst TIC Prc'ioent ora1r'd =
patent TO be issued, ana tl'i was eng So,'@a
promised on day named. The Committee tmnE tss
that Il is evident that the Executive department "a al
It's branches constantly beet ami m2oItuh,,i M NC
hG o. own OF n &c, t@mi ed1a c " me ccye De-
rartmont 81 any pending proceedings IN Co"rt, AZ ~
tGrney-Generals having %S 'in'ng 20 ,S'yl,.I.nf
End sqqn as the G'' Of IL a pro Es,
they ceased action with respect 70 t. on he 1s-'al
mort fhat tIere H. an uAeXecutcd patent y DE Lend
Office signed by anybody, and 1t u adnn'To ~
page and the subs, tuition OF new one. Ahtr IT.
view OF the testimony, the committee conclude
that there can ne 10 claim that tnl-, or
any patent was ever delivered to this claimant
II there had been aoyg., t4e M st %Oudi n,, w
by The Courts II il not delivered, the la1d peonfi
to the United states; and in either ease t.e esIh
tainted with fraud, and should, therefore n d'n'h
The famous redink indor.encHt made Dy oiaef |" -
Rotary Cox is approved by ne Co :.,n.nt l "a
proucr precautionary measure. lie peutohrl ti1liih
that ne has shown that steps were taken by Gomez ~
fssl to Obtain patent aud mat tLc4e steps would con
stituta a prone 81 within the language OF the trrly
with Mexico Tie Committee conclude mat thc posuot
taken is understandable, supporting their conclusion ~
langlape OF the treaty laws ~ Congress and ample
legal precedents. Tie Conm tce si-o doubt u 1om,t
ever Obtained any grant rom me Me X.can ihenl
being unable 10 IND any record OF IT, Inc rpor ano
records alleged 10 have hcen Destroyed dufihR 'ls
occupation OF Monterey have been i9uhd Dug no COPY %
the alleged Gomez sraat OF auy FClfr,aes 70 - s
corded therein INC COInmttee ltE hay Il4 y, ','e
any ground il ia the widest latitude OF inter
REIMBURSEMENT of claim Jy pos csson considerable length
Another point considered relates 70 the true location
law pIoyidag tiat private suye.5 Of land under al
legged grants in California should DE taken as evidence ol
made by r. H. Dyer L. s. Deputy Surveyor, who teFt
es that he did not use lis o"n judgment as TO e 10, q
T rect OF Of McGarraGan sherman Day me
present SurveyorGeucral of California says thai
Ge surveyed tue New ldtla mine and country
Ac1iilts one Of the Boundaries Of the alleged Gomez
grant Is distant q miles on m air ne from the mines
aud that a true survey OF the Gomez claim would pace
moi loss +bon Il milts from the row Idea mine that
The Overs survey is alleged 10 have been made fom
days while tie least time Ia which tie work eoule
fawrence Epson late surveyorGene OF california
says thai the t0uuG-l IS 81 tie alleged Gomez cln afs
a oast % miles .om dc Elrs. Other surveyors give
similar sftmonN. Tie Gomez giant alleged 20 s
an acriculturrl dstr. {. II il IS identical with the
New-Idrca Conpauy's land, it. Is mqan,aihoai
that McGsrrahan is not alone interested il
tic claim, but that quicksilver mining company ~
stock OF $40 3ooO is located upon Nt. The Comln &c
believe that an tie United states lOIney5-'itu
oval who have mad anything 10 do Win TIN
claim have acted with 1ieiity and strict Integrity
Ia copcusou the CCMmiit hIt iiit there never wa
completed grant 10 Gomez; tlat his wn Scs are no'
frustw,1tly that De himself guilty ~ fraud anc
forgery: that the controversy mas been decided on ~
meii Is before the highest tribunal In the lands tlnt II
would be unwise, in every view, 20 reopen huHaU'H
that its effects would be tO awaken and encourage mn
merous other defeated claimants o. grants, That Youd
awkene the public faith in titles obtained uBGcr OH
treaty sB-lanOns; and tiat the lama now elaine unaI
the Gomez title not covered by TIE alleged original
grant The Committee recommend the passage % ia
following resolution;
Rrso'ead That VIM. McGarahan is not entitled to Tia
relief prayed for in his petition and that the committee
be dscharg nom the turtncT con liberation az tie same
A mInnLLL rnlnri A. nN-rL-l LLl rs MOI -nL .m- rod