The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-20
Travelled from New York to Denver in
State, with List of New Officers He
Wished to Install.
LONG LEGAL FIGHT PROBABLE
BOTH FACTIONS MAY ELECT OFF,
GERS AND Go INTO COURT AGAIN.
Mr.. Gates Positive in Stating He Did
Not Desire Control i'm Order to Sell
to the Steel Corporation.

DENVER. Col. Aug 19-John w Gates
Travelled from New York 10 this city in
state with the avowed intention of captur-
ing control of the Colorado Fuel and Iron
Company, the biggest concern outside the
United States Steel Corporation, but he
did not succeed. 1t was stated to-day,
but vigorously denied. that Mr.. Gates
wanted the Colorado company in order to
sell it to the Steel Corporation. A few days
ago it was announced that Mr.. Gates had
selected officers for the Colorado company,
so confident did he feel that his faction
had a walkover for possession. Tonight
his hopes were dashed, temporarily at least,
when Judge Riner of the United States
District Court, denied his application for a
preliminary injunction TO prevent officials
OF the company voting 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
Colorado Fuel and Iron Company, was
based on the alleged fraudulent and abso-
lutely void law which was adopted by
the board of directors of the company July
30 last, and which the complainants
charged was framed and adopted for the
purpose of enabling the present officials
of the Colorado Fuel and Iron Company to
dictate the action of to-morrow's meeting
and also TO deprive the complainants and
the shareholders they represent by proxy
from voting at such meeting.
Judge Riner held that the allegations in
the bill of complaint were fully met and
denied by the answer of the defendant
company. In deciding the application, or
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 sharehold-
ers' meeting, and that apparently there
was no other purpose in view. The by
law was adopted in good faith. The appli-
cation for preliminary injunction would,
therefore, be denied.
The application was made several days
ago and brilliant array Of legal talent
was represented on either side of the case.
The courtroom tonight was crowded with
spectators, among whom were the leading
members of the local bar who have watched
the course of the battle with interest. Mr..
Gates and his friends listened attentively
to the reading of the decision, and as soon
as il was completed left the courtroom with
their attorneys.
Il am not trying to get the Colorado
Fuel and Iron Company to sell that out TO
III.
John w. Gates, after the court rose to-
day. That, as / see it, has nothing to
do with my rights to the control of the
corporation but the other side has in
and they might as we'll know such is not
my intention. The United States Steel
Corpora ton does not want the Colorado
! Fuel and Iron Company. If it had wanted
il, ii would have got ii at the time ii took
in all the other subsidiary companies, and
neither Osgood nor myself nor anyone else
outside of the steel company could have
prevented it,"
Attorney General Post said to-day that
the laws of this State were sufficient to
prevent consolidation of the Colorado Fuel
and Iron Company with the steel trust,
and action would be taken to prevent sucn
| consolidation should it be attempted
representative of the Associated Press
saw Mr.. Gates at the offices 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
and Iron Company. The Office of Mr.
Gates's attorneys presented scene of &C
tivity. Typwriters were going rapidly and
stenOgraphers were taking dictation be-
hind closed doors. Mr.. Gates was in con-
sultation with Mr.. Vale until late in the
night. 1t is said that two separate stock
holders meetings will be held tomorrow.
the one called by the present officers of
the Colorado Fuel and Iron Company and
another by Mr. Gates and those he repre-
| sents. Each will elect officers and trans
act other business, according to the report
! going around tonight
John G. OsgOOd, president Of the Col
/ orado Fuel and Iron Company, declined TO
/ be interviewed. He refused to say whether
the regularly scheduled stockholders
/ meeting would be held Tomorrow
At IL: 80 o'clock tonight the proxy COM
mittee of the Colorado Fuel and Iron Com
/ pany shareholders. which consists of
/ Messrs. Mitchell Blair and Gates gave out
/ the following typewriter statement: I'VE
/ are now in consultation with our attor-
/ shall be n
/ course OF action until we have had the
/ benefit of their opinion"