The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-20
GATES FACTION
LEFT ONCE MORE
Injunction Prayed For Denied in
Federal Court.
STOCKHOLDERS MEET TODAY
oSGooD LIKELY TO REMAIN IN
CONTROL OF FUEL COMPANY.

n ENVER. Colo, Aug. 19.-The John ".
Gates faction of the Colorado Fuel
& Iron company have lost another
round in their battle for control of that.
company. Judge Riner of the United
States district court tonight denied their
application for preliminary Injunction
to prevent the present officials Of the
company from refusing to allow them TO
vote proxies they claim to hold at the
stockholders meeting. which is scheduled
for tomorrow in this city. The suit,
which was brought in the name Of John
J. Mitchell and others against the Colo
RADIO Fuel & Iron company. was based
upon the alleged fraudulent and there
fore absolutely void bylaw which was
adopted by the board of directors of the
company on july 50 last. which the COM
DlalnantS charged was framed and
adopted for the purpose of enabling the
present officials of the Colorado Fuel
& Iron company to dictate the action of
tomOrrOWs meeting. and also to deprive
the comDlainants and the shareholders
meeting
Opinion of the Court.
Judge Riner held that the allegations
in the bill of complaint were fully met
and denied BY the answer of the defend
ant company In deciding the appiica ton
of preliminary Injunction the court was
not expected to pass upon questions of
law. However. he would say that on IT'S
face the bylaw provided for an orderly
and lawful method of conducting a share
holders meeting and that apparently
there was no other purpose in view. The
bylaw was adopted in good faith The
application for preliminary injunction
would. therefore. be denied
The application was made several days
ago. and a brilliant array of legal talent
was represented on either side of the
crowded with spectators, among whom
were the leading members of the local
battle with deem interest Mr. Gates and
his friends listened attentively to the
reading of the decision. and as soon as
it was completed left the court room with
their attorneys
Not Ready to Talk
A representative of the Associated Press
saw Mr. Gates at the office of Wolcott
& Vale. his attorneys, tonight, but Mr.
Gates said he was not ready to give out
any statement as to what his future plans
were with reference to the Colorado Fuel
& Iron company. He invited the reporter
to return later in the night. but said
he could not promise 10 give out a state
ment for publication.
The offices of Mr.. Gates attorneys pre-
scented a scene of activity TyDeWrlterS
were going rapidly and stenographeFs
were taking dictation behind closed doors.
Mr. Gates was in consultation with Mr..
Vale until late in the night II IS said
that two separate stcckholders- meetings
viii be held tomorrow. the one called Dy
the present officers of the Colorado Fuel
& Iron company and another by Mr.
Gates and those he represents Each viii
elect officers and transact other bust
ness. according to the report going around
tonight.
Mr. John c. Osgood, president of the
Colorado Fuel & Iron company. declined
to be interviewed He refused TO say
whether the regularly scheduled stock
holders meeting would be held tomor-
row.
Al 1I:30 O'Clock tonight the proxy COM
mittee of the Colorado Fuel & Iron COM
panv shareholders which consists Of
Messrs Mitchell Blair and Gates, gave
out the following typewriter statements
I'VE are now in consultation with our
attorneys and shall not be able to an
nounce our course of action until we have
the benefit of their opinion"
The above was handed to the repre-
sentative of the Associated Press with
the remark that that would be all for to-
night