persons authorized by law to administer oaths, shall be competent testimony on the trial.

It appears that in January, 1881, and subsequently the United States parted with the title to certain portions of the land embracing the New Idria quicksilver mine to the New Idria Mining Company. If there was a grant of this land to Gomez, protected by the treaty of Guadalupe Hidalgo, and the courts so find under the provisions of the bill reported by your committee, then the question of the liability of the Government, in law or equity, to indemnify said McGarrahan for any portion of the lands disposed of by it is submitted to the court.

Your committee add hereto a letter from the Assistant Commissioner of the General Land Office with an abstract of entries made within the limits of said grant; also a letter from the Acting Commissioner of the General Land Office of January 25, 1888, concerning said entries; also a letter from Mr. McGarrahan and his counsel, the Hon. Eppa Hunton, all of which are made a part of this report, and attached as Exhibits A, B, C, and D.

Your committee, in order that there may be a final determination of this case in accordance with justice and right, recommend the passage of Senate bill 2599.

EXHIBIT A.

DEPARTMENT OF THE INTERIOR, GENERAL Land Office.
Washington, D. C., May 5, 1988.

SIR: In response to your inquiry of this date I have the honor to transmit herowith an abstract of entries made within the claimed limits of the private grant known as the Panoche Grande, showing the names of the entrymen and the nature and area of the entries.

Very respectfully,

Hon. H. M. TELLER,

United States Senate.

T. J. ANDERSON, Assistant Commissioner

EXHIBIT C.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., January 25, 1888. SIR: In response to your inquiry of the 21st instant, relative to the amount of land which has been disposed of within the claimed limits of the private grant known as the "Panoche Grande," in the San Francisco, Cal., land district, I have the honor to state that upon examination of the records of this office I find that 2,673.71 acres have been disposed of within the limits of said claim, which covers land in townships 16 and 17 south, range 11 east, and townships 17 and 18 south, range 12 east, Mount Diablo Meridian.

The copy of Senate bill No. 1030, handed to me by you, is herewith returned.
Very respectfully,

Hon. H. M. TELLER,

S. M. STOCKSLAGER,
Acting Commissioner.

U. S. Senate.

EXHIBIT D.

WASHINGTON, April 16, 1888.

DEAR SIR: Senator Voorhees, on December 31, 1887, presented a bill for the relief of William McGarrahan, which was referred to the Committee on Mines and Mining, of which you are a member.

A bill of a similar character was favorably reported by the Senate and House Committees on Mines and Mining of the Forty-ninth Congress, but was not reached on the Calendar of either house, and, of course, not considered.

A majority of the Committee on Mines and Mining of the House of Representatives, through its chairman, Mr. O'Ferrall, also reported a bill for McGarralian's relief at this present session, which is now on the Calendar of the House.

The Committee on Private Land Claims of the House of Representatives, 17th February, 1881, Forty-sixth Congress, reported a bill confirming the grant to MeGarrahan, without further litigation, and recommended that he should be indemnitied in other lands, but it was never considered by the House. (See House Report No. 273, Forth-sixth Congress.)

In the Forty-seventh Congress a similar bill was reported favorably by Mr. Muldrow, the present First Assistant Secretary of the Interior, from the Committee on Private Land Claims of the House of Representatives, but it was never considered by the House.

Since the reference of this bill to your committee there has been incorporated therein three amendments thereby removing objections, as it is believed, of some of the members of the committee and those opposing its passage in its original form. Senator Teller, on behalf of the committee and for its information, as I understand, made a personal application to the Hon. S. M. Stockslager, Acting Commissioner of the Land Office, to ascertain "the amount of land which has been disposed of within the limits of the private grant known as the Panoche Grande, Cal."

The Acting Commissioner, of date January 25, 1888, in reply, says: "That upon examination of the records of this office I find that 2,673.71 acres have been disposed of within the limits of said claim." (See letter addressed to Senator Teller by the Acting Commissioner.) It thus having appeared by the letter of the Acting Commissioner that only 2,673.71 acres, embraced in the land claimed by McGarrahan, have been disposed of, it would seem that the only questions involved in the bill are his title to and his indemnity for the value of these 2,673.71 acres, and they being wholly left to the courts it is to be hoped they will meet with the approval of the committee and allow the courts to pass upon them.

I respectfully but earnestly urge that your honorable committee report their conclusion to the Senate at their earliest convenience to the end that opportunity may be had by that body to pass upon its merits during this Congress.

Very respectfully,

Hon. H. M. TELLER, U. S. S.,

Senate Chamber.

EPPA HUNTON,

Of Counsel.

P. S.-With a view of relieving the United States from further liability beyond that involved in the 2,673 acres, I respectfully suggest that the committee will be pleased to request the Commissioner of the General Land Office to instruct by letter the register and receiver of lands in the San Francisco, Cal., land district to not permit any proceedings to be had in their office in any way affecting the right, title, or claim of William McGarrahan to the lands embraced within the limits of the rancho Panoche Grande; that said Commissioner of the General Land Office be requested to inform your committee what and all steps he shall take hereunder.

Respectfully,

WM. MCGARRAHAN.

1st Session.

No. 3196.

MICHAEL MESKELL.

SEPTEMBER 26, 1890.-Committed to the Committee of the Whole House and ordered to be printed.

Mr. DOLLIVER, from the Committee on Naval Affairs, submitted the

following

REPORT:

[To accompany H. R. 17.]

The committee, to whom was referred the bill (H. R. 17) to remove the charge of desertion from the record of Michael Meskell, find from the papers submitted, that the said Meskell enlisted in the United States Navy on March 20, 1865, and served as an ordinary seaman on board the U. S. S. Pocahontas. On the arrival of the vessel at New York in July, Meskell went on shore without leave, with no intention to desert, and before the expiration of twenty-four hours he voluntarily returned to report for duty, but his name having already been recorded as a deserter, permission to return to duty was refused him.

The reason assigned by Meskell for his temporary absence from the ship was that his sister and brother (whom he had not seen in many years) had just arrived in New York, and with whom he spent the day, and he states that he had not the least idea that his short absence from the vessel under these circumstances was such a breach of discipline that was to be so severely punished. If he had, he would not have gone on shore. It also appears that Meskell exerted every effort to have the stigma hanging over him removed, in which he was supported by a numerously signed petition of the citizens of West Troy, N. Y., all of whom bore testimony as to his good character and worth. Since the pending bill for the relief of Meskell has been under consideration the applicant has died, leaving a large family-eight children-in whose behalf his surviving widow appeals that the charge of desertion may be removed for the benefit of his children.

In view of these facts your committee believe that the charge of desertion should be corrected, and we accordingly recommend that the bill do pass.