The National tribune. [volume] (Washington, D.C.) 1877-1917, 1899-02-02
CLAIMS AGAINST
UNITED STATES,
And How They Are Prosecuted
and Collected.
The McCarrahan Claim.

For Quarter of a century the Suprem,
Court, Congress, the Secretaries of the In
terror, the Acknowledgement. the Commits
soners of the Land Office, and many Other
officials. and the newspapers of the country
were engaged in trying the claim of VIM
McGarrahan, and those associated with him,
for the immensely valuable mining property
of the New Idria Mining Company, in
Fresno County, Cal, one of the richest
quicksilver mines in the world.
1t was the policy of the Spanish Govern
ment TO encourage the settlement and de-
velopment of its immense territories, and it
had system of laws very much like orr
homestead laws, l,ut much more liberal.
This system was inherited and continued by
Mexico and other Spanish-American coun-
tries.
Under those laws any citizen could by
satisfying the authorities that he intended
to settle upon and improve it, receive large
grant Of public land to be selected by him
from such public lands as were not already
taken Up. He had simply to make a rude
draft of the land-technically called a
"borrador." which would show its general
CONFORMATION and location, and its general
relation TO hills, mountains, streams, and
other natural objects in its vicinity. This
borrador. with the application, was sent to
the Governor of the Province, and by him
returned TO the Justice of the Peace nearest
the land. for examination and report as to
whether 1t conficted with any other claim or
grant. Upon his making satisfactory re-
turn the Governor, with the concurrence of
the Provincial Legislature, could make the
grant, which then clothed the applicant with
absolute title
Some time previous to the Mexican War
one Vicente Z. Gomez. clerk in the Com
missaTy's Office OF the Governor OF California,
conceived that he would like to be a land
owner, and prepared an application and
borrador for piece of land of about three
square leagues in what is now Fresno
County These were duly sent to the
Governor, and by him referred back to the
Justice of the Peace, who reported favorablv,
and in this condition they were found in the
Governors Office when the United States
took possession of the country. That is, the
proceedings had gone no farther than an
application and its favorable reception.
Gomez who is described as a smooth.
suave, unscrupulOuS Spaniard. and who was
repeatedly denounced BY the courts as a
forger, saw an opportunity when the Amari-
cans took possession of California. to drive
profitable trade with rhe land-hungerers in
Spanish grants and in connection with other
sharpers managed TO work off big load OF
these upon the Americans
Among others he sold part or the whole of
his interests in his three leagues of land
(Panoche Grande) to one VIM MeGarrahan,
"smart" young lrishman. at that time
engaged in running a saloon and also selling
whisky by wholesale
In 1851 a party of prospectors, headed by
cfn .ad for fhasn on,
hill in Fresno County In the morn ng
thew discovered certain indications In Tic
stones whhh had formed their Fireplace.
which they took for silver. The assayers
pronounced it mercury. and rich deposit.
Glib and his companions Immediately located
their claim there, secured the Co operation of
capitalists, and began working the vein
Subsequently the New Idria Mining Com
pany was Organized. The news Of the rich
ness of tie mine spread. and in 1853 Gomez,
VIM Mss1arrahan and one Paciicus Ord =,
who was then United States District Attor-
new. decided to make the Panoche Grande
grant cover the property.
The testiIsony before the courts is to the
effect that il required great deal OF stretch
ing in every way to do this. In the first
place, the :" Panoche Grande" rancho, for
which the borrador was made was. at the
least calculation, from II 10 "a miles away
across two wide valleys, and a range of hills
from / 800 to 1000 feet high. In tee next
place, Gomez had never received a grant.
He had merely made application, which APP
plication had been iavorably considered but
never allowed. Ii was in that condition
when the American conquest Interrupted the
proceedings. There Was no record anywhere
OF Tic having been granted, and the records
were full and complete OF all other lands in the
vicinity. Thirdly it had never been entered
upon and occupied, which. according 10 the
Mexican law, were imperative 10 complete
title Then began one of the most astound-
Ing series of intriguing in the history OF
American law.
According to the law passed by Congress
all these claims had to come before the
United States district Court for adjudication.
Then, if the decision were favorable to the
claimants. the District Attorney took an ap
peal TO the Supreme Court OF the United
States. and all the papers were sent TO the
Acknowledgement al Washington for review.
Pacificus ord, who had become halloween o.
the McOsrrahan claim, took the papers, il
which had been included an actual grant o.
the land, which had been prepared by the
skillful Gomez, and which he claimed he had
found In a deske and On the last day of tho
court. gave them To another attorney, with
the request that he would present them, as Il
was q Case Ina which he was interested TIE