Show MINING MEN ARE NOT SATISFIED Supreme Court Asked for Rehearing in Important Case ONE UNUSUAL FEATURE GENERAL OPINION THAT THE COURT ERRED Special to The The HeraM April J ril 12 An spoil application W V V cation hiss has been made to the su an supreme supreme preme court of or the United States for a hearing in the case ease of the Creede Creetle Cripple Creek Mining Milling com corn company pany lIan versus the Uintah Tunnel Mining Transportation company of Colorado which was decided adversely to peti petitioner petitioner petitioner bj by b the supreme court COUlt on Jan 38 3 Former Governor Charles S Thomas ThomasA A T 1 Gunnell and W V H Bryant Brant appear for petitioners and set sot forth that the court erred in its former decision derision in infix inix six fix ix particulars particular the principal ones be beins bein ins in in giving the tunnel company a ver verdict verdict dict on the ground that a tunnel claim is superior to a iode lode claim when the two are in conflict an and l in holding that the patent did not relate hack back to the t hung liling of the location certificate in the theoffice office of the county clerk a and Ml recorder t tas as required by federal federal and state laws It being shown shoun in this ease case that the lode claims were prior in point x Joint of time to the Ule tunnel claim Jahn and in declaring the law to be he that the tunnel claimant need n not adverse aders the tilt lode claim daim where there therewa was wa actual between the lode and tunnel 1 claim Iahn The unusual feature of the applies application tion is j that 1 6 large mining companies and mine maine owners in iii Colorado Montana Nevada and South Dakota join in the petition for rehearing setting forth the fact that the case CRIe i is one of such vital ital importance e to the metal mining inter interests I ests eats of the west est that further hearing i I should hould be given the case by the su so supreme soI u I preme court the former decision being by a divided court Among Amon the th prominent mining com corn companies companies panics joining in h the petition for fOl a re ye rehearing rehearing hearing are the Anaconda Butte Boston Consolidated Boston Moo Mon Montana Ion I tana and Washoe Copper company of Montana Portland Anchoria An horia Leland Iceland El Paso Paoo Consolidated Gold Hill HilI Bo Bonanza Bonan nanza nan a Camp Bird Limited Creede United of Colorado and Samuel Mc Me Lachlen of Park City Cily Utah and Lead South Dakota Practically all owners of metal mines mImics in the th Goldfield Nev Xe district join in the petition |