The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1894-05-01

perry OF every KIM belonging 10 MEX
leans should be inviolably respected
aud that the United States should en-
force the rights of Mexicans in sucl
property. Thus Gomez was secure il
his title to the property when Califor'
MIA became an American possession
and, consequently, he was legally EN-.
powered to sell ii as he chose.
| Gomez in 1853 duly presented bis
claim TO the ranch to the Board OF
Land Commissioners appointed by the
United States Government for the
purpose of settling all such claims, and
this board decided against his claim
not because he had not proved the
grant, but because he had failed to
prove occupancy. But Gomez APP
pealed to the United States District
Court and the court fully confirmed
his title. This being done, he sold the
land to William McGarrahan, Deem
Der %, 1857.
And now litigation commenced /.
The squatters, doubtless alarmed by
Mr.. McGarrahan's visit to the ranch,
did not wait for him to begin proceed
ings for ejectment. They induced the
United States District Attorney to at
tack the Gomez title. This was done
by appealing to the Supreme Court,
but the Supreme Court promptly dis
missed the appeal and confirmed the
title. This perfected Mr.. McGarra-
hans claim. The next step was an
application for patent. Mr.. Nc
Garrahan applied for a survey, and
the then Secretary of the Interior,
Caleb b. Smith, caused an entirely
new inquisition to be made, and in the
end wholly confirmed the action of the
courts, and ordered patent issued to
Mr.. McGarrahan. The patent was
duly made out and signed, but for
some reason or other that could never
be discovered it was never issued to
Mr.. McGarrahan.
Thus for fourth time the title of
Gomez and his grantee was decided |
good in law. Mr.. McGarrahan now
to President Lincoln to de-
termine the case upon it's merits. Mr..
Lincoln did so, and directed the Sec
rotary of the Interior to cause pat
ent to be issued to Mr.. McGarrahan.
A patent was therefore actually made
out, but here again the hidden hand
was felt. For some reason that the
inquirers could not de-
termine it was never delivered.
Mr.. McGarrahan, who was never at
rest moment in the prosecution
his claim after his failure with q.
Fortieth Congress, appealed to tn. +
Forty-first Congress. 1t was then that
he learned that patent to the land,
unknown to be in existenccs
was on file in the General Land Office.
This was undoubtedly the patent that
President Lincoln had ordered given
TO Mr.. McGarrahan, but which had
been lost in the tangled mass of Off
cial red tape and filed eventually
notice. But when John A.
of the House Committee,
called at the General Land Office to see
The files he found that the record of
he patent had been mutilated. This
ended that hope. And so in each sue
,eeding Congress Mr.. McGarrahan
pressed his claim assiduously, and sew
eral times bills to restore him to his
property passed the house, but failed
% pass the Senate. Once, indeed,
dill for his relief did get before Presi-
lent Harrison, and then Mr.. McGarra-
IAN thought that his ship had at last
,ome in.
1t was the Fifty-second Congress
hat passed the bill comforting upon
lin the title to the land. Both the
Senate and the House concurred in it.
But Mr.. McGarrahan's evil genius
him, even to the White
louise. There were technical errors
n the bill, and for this reason the
President vetoed it.
After the veto second bill was in.
reduced into the Senate, so amended
Is to make it conform to to the Pres
dents objections, and passed twice in
me Congress. But the bill did not
each the House until the day of
Idjournment--too late for considera-
ion, and so that hope went along with
II the rest. Now that the disappointed
Id man is gone, his claim will doubt !
ess be dropped and pass into history
s one of the most noted cases ever
,efore conoress. -Courier-JournaI