Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-01

PITTSBURG, Pa, February 2S.-An
order was made in Common Pleas
Court No. l this afternoon on the rep
reservations Of Attorneys Clarence
Burleigh and William F. McCook. Civ
ing all the defendants except three in
the Frick-C Carnegie suit fifteen more
days to answer. The order was by
Judge E. II. Stowe.
Henry Phipps, Jr., H. M. Curry and
F. T. F. Lovejoy are the three defend
ants who have not asked for an extern
sion of time.
The Unexpectedly long time consum-
ed by the attorneys of the Carnegie
company in examining the books to
obtain figures with which to combat
the Prick allegations has practically
made it impossible to complete the pa
pers within the required time.
1t is said by those near to the in
terested parties that the answer will
be so prepared by Dalzell, Scott & Cor
don and Dale & Bispham, of Philadel-
phia, that it will contain no person
allties and that it will merely be
plain LEGAL answer to the Frick ale
cations. 1t is learned that days have
been spent with Secretary Andrew M.
Moreland in porting over the company
books and that the Frick suit will be
largely combatted with figures show
ing that in normal times the profits
of the great concern have not been
extravagant. No effort will be made
to reply to what the Carnegie COM
pany believes are personal thrusts Of
the plaintiffs.
Dalzell, Scott & Gordon, attorneys,
entered their appearance in Common
Pleas Court No. 2 to-day for all the
defendants excepting Thomas Lynch
and H. G. Prick in the equity suit of
John Walker and others against the
H. C. Prick Coke Company and others.
This is the action brought to annul
the coke contract between the H. c.
Prick Coke Company and the Carnegie
Steel Company, Limited, and to get an
accounting for the coke sold under the
same since January /, 1899.
Francis II. F. Lovejoy,
former secretary of the Carnegie Steel
Company. and one of the defendants
in the suit of H. C. Frick against the
steel company to determine the value
OF his holdings in said company, late
this afternoon filed his answer.
The document complete follows:
To the Honorable, the Judges Of said
Court:
/, Francis T. F. Lovejoy, one of the
above named defendants, in answer to
the above stated but for myself, per-
sonally (but not as trustee for the Car
negie Steel Company, Limited. having
since the filing of said bill, rendered
my resignation as such trustee,) do
now say:
First, being on January 10, 1900, of
the opinion and belief:
THAT the so-called ''iron-clad
agreement" under the provisions
whereof the expulsion of the plaintiff
from membership in the Carnegie
Steel Company, Limited, was sought
to be accepted was, and is, for vari-
ous reasons not necessary now to be
set forth, null and void, and of none
effect.
2-That even if the so-called "iron-
clad agreement" were in full force
and effect, yet no cause existed for the
expulsion Hereunder of the plaintiff
from membership in the said associa-
ton.
3-That even if the so-called Iron
clad agreement" were in full force and
effect, and even if technical cause
was by certain members believed to
exist for the expulsion of the plaintiff
from membership in the said Carnegie
Steel Company, Limited, yet inasmuch
as it was and
Is of Vital Importance
" VIC oOAA Val ACSIC kyLSEi SOiulN ",
Limited, and TO it's welfare as a bus
mess association, that the plaintiff
should secure his membership there
in, and should continue, as in the past,
to aid it in the conduct of its affairs
by his counsel and advice, a meeting
of all or majority OF the sharehold-
ers. including the plaintiff, should
nave been called at which any differ
ences of opinion might have been free
ly discussed and probably elimited;
and
4.-That should the plaintiff have
have been willing, after this discus
sion, in the interests OF harmony, to
withdraw from membership in the said
Carnegie Steel Company, Limited. and
to sell his interest therein, justice and
equity demanded that he should be
paid by the said association, or by any
partner or partners therein or by any
other person or persons whomsoeyer.
purchasing his said interest in said as
ISOLATION, such price as would either
be satisfactory to said plaintiff or
would represent the real value of said