Bisbee daily review., 1906-05-06
Secresary Hitchcock Decides Against Him on Mountain
 View Claim.
IM is BRoueHraoTso 7 ..
 T0eMAhIfya N ~ saFFaMlIlES.
Property Valued at Between S75,0o0 and Sl00,000 Is Saved to Those Who Built Homes and Improved,

Joy was brought te one of the most thiekiy-populafed sections of Bisbee yesterday in telegram of only eleven words, to Attorney J. NJ. O'Conneh, reading as follows: Secretary re verses commissioner and decides our favor in Brophy versus o'Hare."
 Signed by Attorneys Holcomb & Keegen, and dated at Washington, D. C.. the telegram means that the homes of residents of the Mountain View claim within Ihe city limits have been saved. and will not have to surrender the surface rights to Martin o'Issre.
 Involved in this decision was prop erty that has an estimated alue or be tween s75.00e and $100,o00, including surface rights and residences, which are built closely together, and some of them the finest in the city.
 1t is a case that has attracted much attention locally and in all parts or the Territory, because of the manner in which the homes of large number of people were in jeopardy and the possibility of their having to leave them to Martin O'Hare.
 After the telegram was received yes terday. O'Hare was asked regarding the matter. He appeared in good na- ture, and stated that he is satished with the way things have turned out. .J hai an opportunity to compromise with several of them" he said, but I advised them to go ahead with the suit and win or lose all, as i have done"
 O'Hare is now the aggressor in a somewhat similar suit involving the Quartzite strip claim. Asked. what course he would pursue in this ln- stance he stated that he might go ahead with his effcrt to get a mineral patent. and not bother with the sur face rights.
 O'Hare claims to have located the Mountain View claim nearly twenty wears ago. On April 13, 1904, he made arpIication to the Tucson land ofhce for a mineral patent, which was fol lowed by a protest from W. H. Brophy' Ml. Cunningham, A. T. Sowle, C. F. Ptfibrook, P. J. Mccullough and Mrs. John Connolly. all of whom have hcmes on the ground. ....-
 Tn the land office a decision was rendered adverse to O'Hare's apph- cation. He took an appeal to w. A. Richards. commissioner of the general land office in Washington, D. C., and obtained q decision in his favor, from which Brophy and the others appear ed to Secretary of Interior E.. A. Hltcn- cock.
 Yesterdays telegram was to the eI- feet that Hitchcock had reversed Richards ruling, thus affirming the ac- tion taken in the Tucson land office. From Hiichcock's decision there is no further appeal, and the matter Is set tied for all time to come.
 In addition to Brophy's case. ex- Mayor Taylor, as trustee of the Blsoee townsite, filed an adverse to o'Hares 5 application. He took the maruer pc fore Commissioner, Richards, through his attorney, Fred A. Sutter, and the decsiion against Brophy ct al. included Taylor's case.
 Later. ex-Mayor Taylor joined with the Brophy faction. and together they carried it up to Secretary Hitchcock yesterdays victory being as mncn 10 them as to others.
 At the present time: Commissioner Richards has a case under considera- ton similar to the one just decided: It is a protest against the granting or A mineral patent to Henry Waters for the Bessie, Shoemakers, Last Chance and Cockney Hill mining claims in Tombstone canyon. An early d.cioio,, ie lonked for Attorneys eK- pressed an opinion yesterday that Richards will not decide against Va ters.
 When the Tucson land office orig inaIiy decided against o'Hare it was on the ground that he had not done $500 worth of development work and that there had been no discovery of valuable minerals.