, 1892-07-22
M'GARRAHAN WINS.
His Bill Finally Passed By
Congress.

Hope After Many Years of Defeat
The Historic PanOche GrandS
Claim again ia a Position TO be
Granted.
WASHINGTON, July 22.-The last act il
Cranes play, "The Senator" ," was repeated
in actual life day or two ago, except that
the real article was more intensely dra.
matte and more touching than the feigned
movements on the stage. An old man
bent with age, but neatly dressed and
cleanly shaved despite many years of want
and priYation, stood at the main door oi
the house, and with tears coursing down
his cheeks listened to the announcement
of the vote that meant life or death to
him. His friends said he would die OF
vexation and a broken heart if the day
went against him. 1t was William Nc.
Garrahsn, and after twenty-five years OF
waiting and fighting he found himself in
possession Of a right that he had contend.
ed for every day Of his life since 1857. The
bill passed was an act to submit to the
court Of private land claims the title oi
McGarrahan to the Rancho Panoche
Grande, in Fresno and Monterey counties,
California.
McGarrahan has not yet secured his
patent, it is true, but his friends say that
be is sure to get it and that he will be in
demnihed in sum amounting to millions
of dOllars-nO one appears to know how
many-fOr losses he has sustained by rea-
son of having been deprived of his prop
erty so long and by the sales of land made
hu "a N n Fla
sides, he may be able to collect for all the
minerals taken out of the ground since his
dispossession, and he will still have the
ground to work on.
Everybody in California knows of the
"McGarrahan claim, " and how in each sue
ceeding congress this unwearying ana hope
full old man has appeared with his lawyer
and his documents. Sometimes the claim
passed one branch of congress and some
times the other, but never both until last
Monday. His figure is as familiar to old
Washlngtonians as even the statue on the
dome of the capital but there are few who
can turn the recollections so far back as to
remember his arrival here and his grad
ual transition from the YigOr of lusty man
hood to the weakness Of gray old age
He appeared at the door of the house
in such state of anxiety and nervousness
that that many friends gathered about him
for fear he would collapse and perhaps die.
They cheered him up with prospects of
success and by picturing the glorious vista
of the future. At last came the roll call, nd
the kindly doOrkeepers lodged in and on t
of the chamber to furnish bulletins and
report progress. 1t was close, and the old
man burst into tears. Pacing up and down
in front of the door, under almost uncon-
trollable excitement, he was sneered and
jeered at by some of the crowd that gath
cred about him, but was sympathized with
Nna af
and some one brought him glass of water ;
somebody suggested brandy, but McGar-
rahan, almost prostTated by the intensity
Of his emotions, refused it.
Then came the announcement of ma
jority Of nine for the bill, and the weak old
claimant dropped into chair and wept
He probably thought that he would no
longer have to subsist on the charity of
friends and to struggle for life on $40 a
month or less.
The bill provides that the court Of public
land claims shall, in considering this case,
hold such sessions as may be necessary in
Washington, and shall exercise the powers
and jurisdiction that were possessed by the
former United States district court for the
Southern district of California, which had
power and jurisdiction to hear and determ-
inc the appeal from the board of land COM
missioners in this case, and that McGarra-
han may, at any time within six months
from the passage Of the act, file his petition
in court, asking for the confirmation of the
grant and judgment thereon, and may
prosecute his petition and cause against
the United States in that court. If the
court decices that McGarrahan's claim is
good patent will be issued to him, but it
is also provided that no judgment of the
court shall be held to take from present
holders any portion Of the tract in cOntro-
versy which has heretofore been disposed
6 - 10 TTv,fk 10 al
the smelling works owned by McGarra-
hans opponents and the land occupied by
actual settlers.
If the court shall adjudge in favor of
McGarrahan, however, the United States
shall indemnify him for such portion of
the land as may have been heretofore and
may hereafter be disposed of by the United
extracted from the lands by any
person or corporation than the claimant.
If the court shall find that McGarrahan is
entitled TO minerals or other valuable sub
stances it is made the duty of the court to
ascertain their value, less the value of i'm
provements and the cost of mining, and it
shall render judgment against the United
States and in favor of McGarrahan for the
amount so ascertained. If the court finds
against him he can appeal to the supreme
court.
The end is not yet, but McGarrahan' Is
friends say he cannot lose, and that he will
secure his title within six months. The
greatest Americans of two decades have
considered the McGarrahan claim, and
among the eminent lawyers employed by
the claimant were Sam Ward, Matt Car
penter, Robert Ingersoll and Jere Black,
but they we're never able to down the Ne
mesis that has pursued William McGarra-
han from 1857 to the present time.