Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-02
McGARRAHAN NO MORE.
NEW IDRIA ON THE SHELF.
The Case Disposed of at Last.
Ths Prayer OF Roth Cyafnsasss Beassd,
asd the Right OF fhs Iaffsd Stafes
10 the Property .Haiafaissd.

By the appended syllabus of the decision OF the
Secretary of the Interior, rendered to-day in the
notorious MeGarrahan case, ii will be seen that
the claim of both NeGarrahan and the New
ldria Companyis rejected, and that the property
TN dispute virtually reverts to the United States
This is understood to be final disposition OF the
case under existing legislation, unless the New
perfect their proof as to so much OF the property
claimed as they may be rightfully entitled 10
under existing laws touching mineral lands
In RE McGARRAHAN.. {
This was an application by McGarrahan- to
the Secretary of tie Interior, requesting him
to advise the President to direct tn at the certf
OF the record of the patent Panoche Grande, by
order OF Secretary Cox, to the effect that the
patent had never been executed, should be erased
and cancelled. y +
The Secretary held, in accordance with the
advice Of Assistant Attorney General Smith
that the Secretary of the Interior had power 20
correct the record of a patent at any time before
its delivery, so as to make II correspond with the
facts; tina. the Secretary need not have personal
knowledge Of the facts, but might depend upon
the statements and evidence of his trusted sab
ordinates; that this power of correction extended
70 transactions that occurred priorto his incep-
ton into ONCE, provided they were then in
choats; that Secretary Cox, having acted upon
the subject, It was res adjsdicdta, and could not
be reviewed or reversed, even though he should
differ with his predecessor, but that in fact he
DID not differ with him; that the weight OF evi-
dence showed that the patent to Panoche Grande
was never executed by the President. and there
fore he was obliged to decline to grant the prayer
of McGarrahan.
In RE NEw IDRIA MINING COMPANY
The Secretary of the Interior, on advice of
Assistant Attorney General Smith, held that the
application of this company for patent for four
hundred and eighty acres covering the New
Idria Quicksilver Mines, was irregular and de-
feetive, and should not be granted, for the fol-
lowing reasons:
Itappeared that the survey had been made and
approved and the papers forwarded to the Com
missioner of the General Land Office, at the in
sugation OF the company and against the express
orders Of the Interior Department, that DEPART I
ment having directed that all proceedings be
stayed, in accordance with Joint resolution that
passed the House of Representatives April l. 1861.
There was no proof that the notice and diagram
were such as were required by law.
The application and advertisement did not
agree in their description of the claims that had
been assigned to the company. There was no
proof that the members who composed the New
!dria Company or any of those who had assigned
persons who had declared their intention 10
become such. The only evidence on this point
was certificate that they were a corporation
created under the laws OF California, and that
was held to be insufficient proof.
The application asked for a patent for four
hundred and eighty acres, being a tract seven
hundred and thirty rods long and one hundred
and twenty wide.
The Secretary held that this claim exceeded
the amount that could be granted under section
4 Of the act OF July 26, 1866, which limited the
grant to any association of persons to not more
than three thousand feet"