New-York tribune., 1900-05-01
NO SERVICE ON GATES YET.
DE LANCEY NICOLL ATTACKS MR..
LAMBS PROCEEDINGS.

HAVE A COMPLAINANT To-DAY-GATEs
ANNOUNCES THAT HE WILL
NOT RESIGN
At No 80 Nassau-st.. in the Mutual Life
Building is the Office of Lamb & Voss. who last
week, acting for certain clients. secured from
City Magistrate summonses directed to Chair
man John w. Gates and President John Lam
bert, OF the American Steel and Wire Company
for alleged violation of a section of the New
York Penal Code relating to the publication
with the concurrence of directors officers OF
q corporation of false statements concerning
such corporation. At No. 81 Nassau-st. almost
directly opposite, is the office of ex-Dstrict At
torney De Lancey Nicoll. who late last week
was retained by Max Pam. general counsel of
the Steel and Wire Company. TO represent
Messrs Gates and Lambert in meeting the
charges brought against them. and in the same
building is the office of John r. Bennett, who is
the patent attorney of the Steel and Wire Com
pany and is associated with Mr.. NicolI in the
present case. From No. 81 to No. 32 yesterday
We're dispatched a series of legal "dares,' in
the shape of communications advising Lamb &
Voss that Messrs. Gates and Lambert had come
on from the West and were ready and anxious
to accept service of any papers which the law
yers in No. % might have prepared-one or
these communications containing the interest
ing news that Mr.. Gates wasn't going to resign
his chairma nship on May Z.
From No. 81 came response and the re-
porters gathered in force there hour after hour
only TO be told that Mr. Lamb still out"
AT e45 O'Clock No. 30 telephoned to No. 81 but
Mr.. Nicoll did respond. Mr.. Lamb had
reached his office about g o'clock. and few
minutes later made statement to the six
eight reporters who had been waiting to see
him. He had not served attempted to serve
papers Messrs. Gates and Lambert, he said.
and would take no further steps in the matter
before to-day, at least Two stock brokers' who
had been partners for fifteen years, and of
whom member of the Stock Exchange, had
for several years been client of his, had acted
as complainants against Mr.. Gates and Mr..
Lambert, after the withdrawal of Washington
Selisman. and the papers in the to
have been served on the two Chicago men yes
Ierday morning.
But the brokers customers of a certain
old and well known bank in which Steel and
Wire Company interests influential. and
soon after the opening of business yesterday
the two men summoned to the bank. where
such pressure brought 20 bear upon them
that they decided that the path of prudence for
them lay in the direction of a withdrawal from
active connection with the Their retire
nent, Mr.. Lamb continued made Messrs Gates
and Lambert safe for the time, because, there
being complainant, there was no complaint
and with complaint in immediate existence
there was necessarily no service Of papers pos
sbe
Asked how the bank knew that its two Gus
TONERS had consented to act complainants
against Messrs. Gates and Lambert, Mr.. Lamb
answered that Mr.. Gates and Mr.. Lambert knew
before they LEFT Chicago who the complainants
were. and that Mr.. Nicol also knew Mr. Lamb
added that at least dozen responsible bust
who had suffered by the decline in
Steel and Wire stock had consulted him in
gard 10 institutng proceedings against the
chairman and president of the company. and
thai if any of these men should decide to-day
take the responsibility Of appearing COM
piainant he would apply for summonses.
Both Mr.. Gates and Mr.. Lambert, accom-
panied by Mr.. Bennett and Max Pam, spent the
early morning at Mr.. Nicolls office waiting for
service Of the papers They stayed until noon
and then left the office. disgusted they said.
From Mr.. Nicoll's they went to the office Of Mr..
Bennett, two floors above where they were soon
5oined by Henry Seligman. of the banking firm
of j. & w. Segman & Co. who is OF the
two New-York directors Of the company. and
who has been regarded as antagonistfc toward
Mr. Gates's management of the affairs of the
American Steel and Wire Company. Mr.. Selig-
man was in conference with Mt Gates and Mr..
Lambert for almost hour. He declined alb
Eoluteiy 10 state the purpose of his visit, and
Mr.. Nicoll said later than Mr.. Selgman's call
was of a personal character and he must decline
to talk about it,
Messrs. Gates and Lambert left the office of
Mr.. Bennett at 2 O'clock without having heard
from Mr.. Lamb. Mr.. Gatess face wore a grim
smile when he asked what he thought about
the whole matter. He referred inqurers to Mr.
rSicon, who made public this letter:
April 80 1900
odessrs Lamb and Voss.
Dear Sirs: ! write info~n you that / have
been retained by Messrs. Gates and Lambert in the
bsT ss9 be'o1e f9m as nee
Zeller. Both Mr.. Gates and Mr. Lambert
in New-York. and will be
which you may desire to serve upon them, 12
O'Clock to-day, Yours respectfully,
NICOLL. ANABLE LINDSAY.
To Washington Selgman. Nicoll Anable &
Lindsay sent the appended letter. a copy of
which also forwarded to Lamb & Voss:
New-York April 80, 1900
Washington Seligman. ESQ.
Sir: AS counsel for Mr. Gates. l write you in
reference to certain statements recently published
by you concerning him in various newspapers.
From these publications / learn that about
City Magistrate Zeller. in of the police courts
of this city, i'm which you charge Mr.. Gates with
having violated provision of the Penal Code of
the State of NewYork by concurring in false
Wire Company From the source l have
further Information that, after making your com
plant and obtaining a summons for Mr.. Gates,
you were influenced to withdraw IL by the repre-
sentation made you by Mr.. Henry Selgman that
Mr. Gates going 10 resign from the manage