The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-16
SAY SUPREME COURT ERRED.
PETITION FOR A REHEARING IN
4 MINING CASE.

The Nearly 100 Petitioners Say the JudE es
Decision OverthrOWS Settled Principles
Of Mining Law and Is Opposed 10
Previous Decisions Of the Court.
WASHINGTON, April i5-One Of the most
remarkable petitions, from a legal point
at least. ever presented to the Supreme
Court OF the United States is now before
that body for consideration, It's uniqueness
lies in the fact that, whereas ordinarily a
petition Is signed only by the parties speci-
fed In given case, this con aims the sigma
lures Of nearly 100 corporations and an equal
number Of prominent business men, all
interested not in the case at bar, but in
the principles laid down therein.
The petition on its zee is a formal one,
asking the court for rehearing in the
long fought controversy between the
Creole and Cripple Creek Mining and Mill
ing Company and the Uinta Tunnel, Mining
and transportation Company, which in
volved the possession Of a lode Of rich gold
orc in the Cripple Creek district, Col, and
which was on Jan. 30 last decided by the
Supreme Court in favor Of the last named
corporation. The decision, reached after
two and a half months Of considera-
ton was by divided bench, but it none
the less upset several long established prin-
ciples Of mining law. Referring 20 the
decision the petition says;
The more the decision OF the court has
come 70 be underatood by the mining COM
munity in general the more far reaching
WINGED are We that It has overthrown 10 many
settled principles Of mining law. has thrown
such doubt on the sanotlty Of mining patents
titles and threatens In many aspects the
very existence Of mining itself In many To-
be the effect Of the decision that we believe
this court wiz once more consider the ques-
On PSy y9 s and T fs sStss6 !Hst e
any mistakes made in the decision and with
draw the same: II Is IN this belief and for
these reasons that we have filed and now
propose 70 urge our petition for rehearing.
In tho opinion promulgated in this case.
the court has held: q That a valid loca.
and leaves the ground underneath the sur sur
| face open for exploration and discovery
! i7j. that when a patent has been obtained Il
does not relate back 10 the inception OF the
record title. Of the locator. but only to his
| OF tunnel running through lode claim do
! not have TO adverse the application for patent
| made by the lode claimant.
These three propositions are so funds
mentally oPppo,sed not only TO the previous
| By the mining states In general that they seem
| revolutionary and II persisted In mean such
an unsettling Of mining titles as will result
! in the withdrawal Of capital from that busi-
ness and In the Gripping OF the Industry to
an extent that can not be calculated
The petition goes on to say that the court s
construction Of the tunnel section Of the
mining laws will help 10 encourage schemes
OF blaclman and delusive schemes Of
speculation.
sWe have seen already In certain pompous
prospectuses some OF It's fruits II con-
,stitutes, In my judgment, a new danger to
legitimate industry without opening any
real chance for legitimate Investment.
Stll, Il is now confirmed az tho law Of the
land by the highest authority, and mine
owners must meet the fruits II may create
for them
because Of the obvious and serious
menace of the opinion to the mining Industry
OF the United StAtess the petition for a
rehearinR u signed by nearly one hundred
mine owners and the Representatives OF a
| like number Of mining companies OF Mon
! tana, Colombo, Idaho, Nevada, New Mexico
| Arizona and South Dakota. Among the well
! known mines represented are the Anao lnda
| Butte and Boston Boston and MontAna
| Cripple Creek, Gold Hill Bonanza, Camp
| Bird Creole United. Copper King, Tono-
pah and Casa 0rande.