The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-17
SENT TO Mr.. CARNEGIE
IN THE FRICK SUIT FOR
wARDED BY SPECIAL MESSENGER.
Service Accepted by All the DEFEND.
ants-Suft to Annul Coke Com
tract Not Yet Filed.

PITTSBURG, Feb. 16.-Formal appear
ance in the Frick-Carnegie suit has been
made for all of the Individual defendants
except H.. NJ. Curry. who is dangerously i'll
and cannot be approached to secure his
consent. Attorney w. b. Rodgers has ac-
cepted service for Henry Phipps, jr.
while Dalzell. Scott & Gordon nave ap-
peared for the others. Mr.. Rodgers, who is
the attorney credited with having in
charge the bill in equity in behalf OF Mr..
Frick and other minority stockholders OF
the II. c. Frick Coke Company. to compel
an accounting and to annul the contract
of the Carnegie Steel Company. whereby
coke is furnished the latter company at
sl.S per ton. declined tonight to say what
progress had been'mad with the bill or when
IL would be filed. 1t Is thought the stock
holders Of the Prick company will demand
a return of at least sl.25 or s1.50 a ton for
the $500. 600 tons of coke furnished to the
NAL contract was In force and the only
agreement was a verbal understanding be-
tween Mr.. Carnegie and Mr.. Prick.
A special messenger bearing a copy OF
the Frick bill in equity and other docu-
ments necessary to the preparation of an
answer TO the suit against the Carnegie
Steel Company left late last night for Dun
geness. Fla. He was sent in response 10 a
telegram from Mr.. Carnegie. who is de-
sirous of inspecting important papers hav-
ing a direct bearing on the line Of defense
previous to his departure for Pittsburg
next week. The purpose in sending these
papers by messenger and not by mail is
TO enable Mr.. Carnegie TO receive a num-
Der of verbal explanations In connection
with the papers and filing of the suit which
the bearer OF the papers Will be prepared
to give.
Among the papers forwarded is a copy
of the famous ironclad agreement, care
fully prepared extracts from the laws OF
the State relating to limited partnership
concerns, certified copies of the articles OF
agreement entered into by those forming
the firm of Carnegie Brothers a. Co.. linn
tied. and later that of the Carnegie Steel
Company, together with the names of all
the signers attached TO the latter agree
ment.
Mr.. Carnegie. having gone TO Florida on
a pleasure trip, had none OF these papers
with him, and IL is necessary hat he have
all in order TO discuss the question intelli-
gibly with Judge j. II. Reed, who will join
hin at Dungeness.
The messenger will Immediately return to
Pittsburg and he will likely be the bearer
of equally important papers sent to the
law firm of Dalzeii, Scott e Gordon. The
formal answer TO the suit viii then be
made. This promises TO be in the shape OF
a demurrer, containing an argument I'm de-
Tense of the 'ironclad' agreement as an
unassailable document, with other reasons
why the affairs OF the corporation should
not be probed I'm court. Whatever course
the defendants attorneys take. sena-
tional disclosures from their side of the
case are confidently expected and will add
many interesting disclosures regarding the
past relations of these two men. who have
so long dominated the greatest steel con-
Germ in the world.