The morning call., 1894-04-25


permit the trial of his case in the Court of
Claims was passed by Congress. but vetoed
by President Harrison. Several other bills
have been passed by one or the other
House and q score of committees have re-
ported fayorably on the claim.
Mr.. McGarrahan's health broke down
completely about ten days ago. rendering
necessary that he should be taken to the
hospital He visited the House for the
last time last Friday in the interest of bis
bill. and when he returned to the hospital
he was exhausted. He did not get out
agaip. Death was due to a complication
Of diseases which began to show their
effect about year ago. Dropsy developed
in few days and after that he sank rap
idly until the end came.
MeGarrahan was before the public eye
for quarter of century in a most singu-
lar position. Indeed, his life and its many
trials were the wondered Washington and
also of many people in California for
years past. At one time he was a pros
porous merchant in San Francisco, had
host of friends, and the community had
every reason TO respect him. Then he
went to the national capital. there to fight
profoundly believed to be his by right.
He partly passed from the gaze of Califor-
mans, though at intervals his name ap-
peared in connection with lawsuit which
has become memorable, if not historical.
Adverse decisions of lower courts only
strengthened his determination TO carry On
the fight in the highest tribunal Of the
land. Even IN this court of last resort
be was defeated, and still maintaining an
abiding faith in the justice of his claim, he
applied for satisfaction at both houses of
Congress.
McGarrahan was pioneer among Cali
fornia pioneers. He came West when the
State was in Its Infancy, and nearly half
century ago acquired ranch by purchase
under Mexican title. This title was at
the time understood to be protected by
treaty, and consequently no doubt about
the validity Of McGarraban's claim was
entertained. he had no idea either that
his land was worth more than its value as
grazing land but later On an exceedingly
valuable deposit of cinnabar ore was dis
covered upon it, Then an American cor
poration was formed to operate the depos-
its and extract quicksilver from the red
ore. The company went to work quietly
and settled on the land, claiming title
thereto on United States mining patent
The remonstrance of McGarrahan was
met with deaf ear, as the mining corpo-
ration paid no attention to his claim of
ownership. With the influence and ad-
vantage that wealth gives, the newly
formed corporation continued its opera
lions, and when be sued in local courts
or m And the
result was always what might be eX-
pected-success for the corporation.
When the contest began McGarrahau
was wholesale liquor merchant in this
city with a good trade and very bright
prospects ahead. His business, remunera-
tive as it was, soon became matter of
secondary Importance. He plunged into
the legal contest, which passed from one
avenue TO another, rising with each sue
cessive step until 1t ended in the United
States Supreme Court. Three different
fights were made before this bench and
three times tie decisions were given against
McGarrahan.
Defeated in the courts. he appealed to
Congress. with varying success in both
houses. Various bills were passed for his
relief for the express purpose Of giving
McGarrahan a chance TO establish his
rights in a legal sense.
Manager Maxwell Of the New Idrla
niue, which was the bone of conten ton,
was told last night of McGarrahan's DEATH
LIS that fellow dead?" he asked. HE
ought to have died years ago. All know
about him is he kept a whisky-shop. or
giDmlll, here IN San Francisco. He was
wholesale whisky-dealer, of course, but |
call it whisky-shop. all the same. He
set up some kind of a fraudulent claim 20
our mine and cost the company 81. GOO -O00
That's all / know about him.
This unchartable effusien, spoken In a
cOntemptuOus manner, showed plainly
how bitter was the feeling against the man
who made an honest fight for his rights
McGarrahan always had the reputation of
being generous to fault, frank, warm.
hearted and independent ia spirit. So he
was respected by all who knew him, ex-
cspt, perhaps, those who were pitted
against him. He was man we'll beyond
the prime of life. but yet in possession of
health up TO the time of his fatal sickness.
His trials and disappointmeuts fastened
,fv,,r s u; ar,d