Bisbee daily review., 1907-04-20
WOLFLEY CASE |S FINALLY
 DECIDED
Supreme Court Is lhCenSed, Establishes Precedent in Handing Down Written Opinion Refusing Petition,

WASHINGTON, April 19.-The su- preme court for the first time last Monday delivered a written opinion in denying a petition for rehearing on a case in which it had previously ren- dered decision. While petitions for rehearing are frequently filed, no an nouncement is made from the bench of their denial, and they are not even noted in the minutes of the court. The exception made in this case is due to the positive and serious charge made in the petition of the defeated litigant that the courts decision had been based upon misapprehension of the facts in the case.
 This assertion was probably con sidered such a grafe reflection upon the court that it set aside it's formal order denying a rehearing, ordered counsel to present briefs on the sub- ject and with its second denial pre- sented written opinion setting forth its reasons for the action and refut. Ing the claims that had been made
 The litigation has been pending for nearly fifteen years, and has once be- fore been before the supreme court on another question. It concerns ti- tie to an irrigation system in Marico- pa county, Arizona, consisting of 120, 900 acres of land, dams, canals and water rights. It began with a suit brought by the Gila Bend Reservoir and Irrigation Company, which was organized by Lewis Wolfey, with a capital of SIG, ,0o0, 900, based on a rival dam site entry against the Peorls >- nal Company, which had just com pleted its work in 1892. The latter company got into financial difficult ties, was placed in the hands of a re- ] ceiver, as was also the Arizona Con struction company, which had furnish ed the materials and built the diver sion dam across the Gila river.
 While the bankruptcy proceedings were pending a freshet washed away GOO feet of the dam, the damage be- ing so great that, together with the adverse litigation the property, which cost several hundred thousand dol lars, brought but s1S,S00 when sold under foreclosure. Wolfley attacked the validity of the sale, the Arizona courts and the United States supreme i court however, deciding against him | He then brought the present suit, based largely on the apparent failure of the trial court in the receivership proceedings to enter a formal order consolidating the cases of the con. struction company and the canal com. ! pany.
 The judgment of the Arizona courts in favor of the Gila water Company the reorganized corporation and against the Gila Bend Company, was affirmed by the supreme court last May, but petition for a rehearing filed a few days before the end of that term, carried the case over to the present term. The petition was denied in october, but in January apparently owing to certain state ments. made in personal letters ad- dressed to the court by former Gov ernor Wolfley, to the effect that had not understood the case, the or. der of denial was withdrawn, ano counsel ordered to submit briefs on the question of a rehearing.
 After again examining the records of the case, together with the printed arguments submitter. the court has again denied a rehearing, and handed down an elaborte opinion. written by Justice Brewer, confirming the decis- ion of last May, against Wolfley's cor poration.