New-York tribune., 1902-11-25
GOULD AND C. F. & I, FIGHT
NOT WITH THE HARTMAN AND HAw-
LEY FACTION.
REPUDIATEs Use OF HIS NAME BY THEM
AND SEEKS PROXIES IN
DEPENDENTLY.

New complications which II was feared yester-
day in Wall Street might perhaps lead to seri-
Gus unsettlement in the Western and South
western Railway situation, have developed in
the contest for control Of the Colorado Fuel and
Iron Company, in the form Of an apparently
irremediable break involving issue of YER
acity between George J. Gould and the two
men whose names were joined with his In re-
cent call for proxies to be voted at the ad-
journed annual meeting Of the company on De
oember 10-E H. Hartman and Edwin Haw-
ley. That there was a disagreement of some
sort was inferred on Saturday from a public
announcement issued TO the stockholders of the
Colorado Fuel and Iron Company by Edwin
Hawley and E. II. Hartman" Mr.. Gould's name
being omitted 10 the effect that Messrs. Har-
riman and Hawey had been unable to obtain
a list of the stockholders from the company's
transfer agent here. the Knickerbocker Trust
Company. and asked the stockholders to with
hold their proxies from other applicants until
that list could be secured. Mr. Gould yester-
day morning startled the Street by making pub
lie the following circular. bearing date Novem-
ber 21:
To the Stockholders Of the Colorado Fuel and Iron
During a recent absence from the city ascer-
lanen thaI my name NAG been used IN a clrcTar T
call made without my knowledge consent or
authority. neither the circular letter the form
Of proxy Herewith incosed having been submitted
70 me. on my return TO the city promptly dis
I therefore request that all proxies bearing my
Tofe5 5nd executed in response to such circular be
As however. I own and control substantial IN
II the coming election Of directors. and nclose
oT G PTony nEo ny NV wGh Yo 9 y09 Mil Mil ntrs
Inc representation of your interests to my
proxy will he used for the election of directors who
will conduct the business of your company with
the sole purpose Of protecting the interests or its
- ' GEORGE J. GOULD.
Accompanying the circular were blank forms
II proxies made out to George J. Gould. George
p. Butler and John H. McCement.
Promptly upon the appearance of this crcu-
lar Messrs. Hawley and Hartman issued to the
stockholders the following:
In view Of a MISUNDERSTANDING as to Mr. Gould,s
desire TO Join IN the request heretofore made for
proxies covering stock Of the Colorado Fuel and
favor II YOU will kindly execute the nclosed form
and m Teaa the same sS to them in the in
closed directed envelope for use Qn lieu ~ the
meeting Of the stockholders Of the COLORADO Fuel
December TO- 1902, otherwise provided in said
proxy.
The proxy accompanying this circular carried
the names of Edwin Hawley and Z. H. Iarri-
man,
conference was held yesterday afternoon at
Mr.. Hawley's Office. at which were present Mr..
Hartman, William D. Guthrie. of the law firm
OF Guthrie. Cravath & Henderson. and two
members of the firm Of Hornblower, Byrne,
Miller & Potter, who have represented the Gates
interests in recent litigation over the companys
control. Charles G. Gates. son of John ".
Gates. was also a caller in the course OF the
afternoon. At o'clock Mr.. Hawley gave out
copies Of the following supplementary circular,
addressed to the stockholders:
Referring to the circular letter Of George 7
Gould under date OF November p, 1902. the under
on November they had a conference with Mr.
Gould, at which it was agreed that Messrs. Haw-
lev. Gould and Hartman should join in a request
70 The shareholders Of the Colorado Fuel and Iron
Ing printed form Of proxy was presented for CON
sIderation. and was approved by ALL including Mr..
Hawiey George J. Gould and E H Hartman ian"ais as
the persons in whose favor the proxies were TO be
made Mr.. Hartman made some suggestions look
ing to slight alterations in the form OF the proxies
ana these suggestions were likewise approved by
MI Gould. There was no mention by any one Of
proxies in favor OF Messrs. HawIey. could and
Hartman, in the Identical form thus agreed upon,
undsrsigned were tberefoTe m cb ed q, ana me
in which he stated that:
w ME there had been some discussion of the ad-
ks9oiiity OF calling for proxies. no understanding
or as TO the use of proxies which might be re-
oeIved II the call should be made
derstood that they had disnctiy agreed With Mr.
,5ouid thar the call should be made with the prox-
that they had agreed with him the use which
the subsequent meeting on FRIDAY last CHovember
- Nj Gould proposed that the proxies already
iained should be divided between himself and the
'ndersisnee The latter, however. insisted that un-
der me circumstances the proxies should be
The undersigned again request that. If you are
EouT interests At the coming meeting TO be held
on December 10. you viii execute the form Of
return the same to them" They individually
large shareholders, and their only interest and
purpose m this matter is to secure for the
Iany conservative and independent management
that snail conduct its affairs with sole regard
signed to takn necessary rnred1ns s me "a, utaeIo
the rights of The ~ dI 20 ENFORCE ENFORCE
Die in view OF the litigation but stock
holders executing proxies will not be called upon
incurred in protecting their interests.
f. II. HARTMAN
Inquiry being made Of Mr.. Gould at Lakewood
after the issuance Of the foregoing circular from
Nessrs. Hartman and Hawley, he made the fol-
lowing statement:
Il have issued a circular to the stockholders
Of the Colorado Fuel and Iron Company comics
of which be had at my office and which is
correctly quoted in the evening papers prefer
not to discuss the matter further at present"
The circular referred 10 by Mr.. Gould is that
Of November 21. printed above. The full text
Of his letter Of November 10 an extract from
which appears in the Hawley- Hartman circu-
lar, was obtained from Mr.. Gould late last
night and is as follows:
New-York November t. 1902
Edwin HaWley. ESQ., No. % Rroad-st. Nevv-York.
Dear Sir: During my absence in North Carolina
vote Colorado Fuel and Iron stock had been sent
Nhlie there had been some discussion OF the ad-
Instability Of calling for proxies. understanding
70 the use Of any proxies which might be received
II the can should be made