Year: 1870

lists, after the judgment of United


States Court had been given con


firming that title. The majority ot


the committee were not convinced


of the validity of his claim or of his


equitable rights, because, first,


Gomez did not appear ever to have


had any title; and, secondly, that


the very ingenious and able attempt


to import the principles of law Sc


curing the rights of purchasers,


without notice, of commercial pa
per before it is due into the law con
cerning real property could scarcely
succeed. Upon that point the com
mittee were inclined to hold that q
purchaser of land bought no greater
title than the seller had to sell, how
ever much title the seller might
have appeared to have; and for that
because the matter had been fully
adjudicated in The courts, reported
against the prctentions of Mr.. Nc
Garrahan.


Before going on with the hearing.
however, the committee directed its
chairman to request the Secretary
of the Interior not to issue a patent
to anybody to the land until the
committee had finished the investi-
CATION in the premises. This re
quest Of the committee the Secre
tary at first promised, to comply
with, but afterward was very unwil
ling to adhere to his promise, being
quite desirous apparently to give a
patent to the New Idria Company,
and asked the opinion of the Attor
ney General whether he was bound
to withheld the patent at the request
Of the committee. OF course the
Attorney General replied that he
was so bound by law; but the com
mittee came TO the conclusion that
they would make it very inconveni
ent for Mr.. Cox if he would not lis
ten to their suggestion and keep his
promise to them. The Secretary,
however, upon co nsideration,
thought it best not to issue the pat
ent till the committee had finished
their labor.


When the committee had agreed
upon q report rs to the rights of
McGarrahan. not with unaEimity,
one of their number sug-
gested another consideration as
seeming to him worthy Of investiga-
ton, which was that while the
United States had spent some quar-
ter of q million of dollars, more or
less, in defending this land from
McGarrahans claim, all that money
seemed to have been spent in the
interest of the New Idria Mining
Company, and that member of the
committee desired to inquire by
what title the New Idria Mining
Company claimed to hold the land,
and was informed it was only under
the mining laws of California. He
then raised the question in the com
mIttee how it was that four persons,
who could only hold, under the mi
ming laws of California, as it was
understood, one thousand feet each
OF mining lands, could claim many
leagues of land agains5 the United
States.


In the waning hours of the ses
sion, just then closing, there was no
time to summon the New Idria Mi
ming Company to make good their
title, or further to investigate the
same, and it was suggested that the
whole matter lie over till the NIX
Congress, and that in the meantime
no patent should be issued to any
body until the rights of the United
States could be determined.


1t seems that during the vacation
the New Idria Company pressed
upon Secretary Cox, and he was
about, as his letter shows, to issue
a patent to them, which would have
been good as against the United
States. The President interfered 10
prevent it. 1t is generally under
stood that that interference is in be-
half of McGarrahan. do not be
lieve that McGarrahan has any in
terest in the question whatever, but
that the people of the United States
have of right millions of property
in that claim, which an earnest and
careful investigation. in which the
Government should be represented,
will show to belong to it. The
President has only been holding
the title to the land in abeyance un-
til the committee of the House of
Representatives get through with
the investigation, and determine
what the rights of-the United States
are in the premises. For this l
think he ought to have the thanks
of all honest and judicious men.


am, yours, very truly,


BENJAMIN f. BUTLER.