The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1892-07-26

THE SUCCESSFUL END OF n FORTY
YEARS. FIGHT
For Valuable California Lands-The Cess'on
to Vincent Gomez by the Moxicans-
His Sale in Turn to M'Garrahan.

Washington, July 23.-(Special.) 1.-The
most remarkable claim, in many respects
which has ever come before congress Is
that of William c. McGarrahan for the
possession of what is known as the
Panoche Grande ranch, in California.
No claim involving more of the elements
of romance has ever found its way into
congress. The ranch in question consist
ed of over 1900 acres. Away back IN
1914, while California was yet Mexican
province, the governor i'll the exercise or
his legal powers made a grant of this
tract of land known us panOche Grande
to one Vincente Z. Gomez, Il Mexican clil-
zen who had rendered valuable service to
his country. AT the time of the grant the
land was wild and of no special value
California passed into the possession of the
American army in the summer of lS46,
and the archives of the former Mexican
government at Monterey, in that province,
were destroyed by fire, GOmez's grant with
the rest. The fact that the grant had
been made to him was, however, proven
beyond all controversy.
The Right Confirmed.
By the treaty of Guadalupe Hidalgo,
in 1913, which terminated the war
with Mexico, it was provided that
property of every kind belonging
to Mexicans should be inviolably respected,
and that the United States should enforce
the treaty stipulations. OF course all land
grants were included In 1851 GomeZS
title to the land was affirmed by the United
States district court of southern California.
About this time certain men prospected
the land and found on it minerals, neither
Gomez nor McGarrahan, to whom he had
sold the tract Il few months after its title
was confirmed in him, knowing of their ex-
lstcnce. The mineral discovered was quick
I'll, IL "a
celebrity as the New 1dria and are very
valuable When the prospectors found that
Gomez had sold to McGalrahan and that
the latter wouldn't sell, they deliberately
squatted on the land and have held posses
sion of it to this day.
From that time to this, q period of thr-
ty-five years, McGarrahan has been striving
to get possession of his own property, but
has been kept out of it by the very agencies
which should have eXerted themselves to
see that he gained possession. The squat
ters have drawn millions of dollars from
the New 1dria mine, and every dollar of
which rghtfully belonged to McGarrahan,
and used as much of It, as was required
i'll cOrruptlng government officials to enable
them to retain their unlawful possession.
Five Victories Won.
Five times, by as many different authori-
ties, was the legal title To the tract declared
to vest in McCiarrahan holding under Co
ncZ.
The United States district court for south
ern California confirmed the grant.
The attorney general of the United States
declared the title to be in Mctiarrahan, and
caused an entry to that effect to be made
on the books of his office and in the SUI
prcIne court.
The Hon Caleb b. Smith, secretary of
the interior, after examination and consid-
GRAFTON of the case. ordered Il patent to be
issued to McGarrahan.
The Hon. John T.. Usher, the successor
President Lincoln. after inquiry decided
the grant to be genuine, and that patent
should be issued to McGarrahan.
BY some sort of argument the New Idrla
Company succeeded in inducing the attor-
ney general to make Il motion in the
ing the original appeal from the decision
of the district court. The supreme court
made an order to this effect, but it was
withheld until June, 1862, when it was filed
by McGarrahan himself for the purpose of
again lodging jurisdiction of the case III the
district court Yet in January, 1850, more
than eight months after the final order of
the district court made i'll pursuance to the
mandate Of the supreme court. the file
marks and endorsement on said final order
and the fling of the mandate itself were
erased from the record, by what influence
is unknown.
No patent was ever issued in pursuance to
the order of Secretary Smith. No patent
w
of Secretary Usher. patent was issued
in pursuance to the order of President
Lincoln and he signed it, but it was never
delivered to McGarrahan. Some mystic
rious influence caused its delivery to be
withheld.
Appeal from the decision of district
court of the United States to the supreme
court can be taken only within five years,
unless something appears to avoid the linn
itation. Six years had elapsed from the
time of the decision of the district court
of southern California to the time of Presi-
dent Iincolns action, from June ),
1887. to the fall of 1868. Despite this
an appeal was filed in December. 1863, on
IN imperfect transcript. and upon this APP
peal the supreme court decided against Nc
t;arrahan in March, 1866, nearly nine
years after the date of the decision of the
district court.
Tho Appeal to Congress-
Thus the case stood when McGarrahan,
worsted at every turn by the New ldria
coun.ny which fought him with his own