The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-08-21
Judge Mullins Holds Up Fight
Over Colorado Fuel Stock
GATES ISSUES STATEMENT
He Together with Mitchell, Blair and
Lambert Tender Their Resigna.
ton as Directors. Become
Operative at Once.

Inns OF the district court, issued an in
junction this evening which caused a
postponement of the annual election of
the Colorado Fuel and Iron company,
which was to have taken place at 8
o'clock.
AZ II o'clock tonight the following state
nent, which injeets decidedly new move
into the controversy was handed to tho
representative Of the Associated Press,
who called on Mr.. Gates at the Brown
Palace hotel. In response TO an invitation.
Messrs Mitchell, Gates Blair and Lam
bert who are conducting the pending
fight on behalf OF the owners OF four
ffths of the capital stock OF the Colorado
Fuel and Iron company to secure con-
troll of their property, announced that
they have rendered their designations as
directors of that company. and that the
same became operative today. They are
taking active measures to vindicate their
rights as stockholders possessed by them
selves and those they represent They
will also in few days present a report
to their principals.
Confederate Of oseood.
''The injunction procured today was
upon the application of one Bartlett. the
holder OF ten shares of preferred and Ave
shares of common stock. a confederate
of the present chairman, Mr.. Osgood,
upon the ground, in part. of the deliber-
ate suppression by the existing manage
ment of the legal notice OF the annual
meeting.
"Fair-minded men will appreciate and
will be assured that the EFFORT to per-
petuate control through such means
must necessarily fall"
Today's injunction was obtained by A.
M. Stevenson, attorney for George F.
Bartlett, a stakeholder In the corpora
ton. The application alleged that the
present controversy was doing vast harm
to the shareholders, end asked that the
property be protected by stopping the
fight until such time as a hearing could
be had In court. All these requests were
granted in Judge Mullins order.
George r. Bartlett is secretary of the
Victor Fuel company, and although he
AYERS this move is made of his own vo-
hilton, 1t Is understood he Is, neverthe-
less, acting in the interest of John C. Os-
good. who Is said 60 be without sufficient
stock to elect a board, and who, 1t Is al
such time as he can acquire other stock.
osgood Anxious to Quit.
Osgood is also more than anxious to be
relieved from John w. Gates THREAT to
keep up li,Isa,lon until :. nnnIo ~n-lse IL
effected. The Gates people dlsavuw any
connection with Bartlett or any knowl-
edge of his move. The effect Of Ibis in
junction will be to ss)p tho fight for
the present at least.
Gates and all the shareholders In tire
Colorado Fuel and Iron company, that
Gates Is presumed to rept.As mt, were
made defendants In this actun, Other
stockholders who it Is averrsd are being
made to lose money by ths quarrel over
the control Of the company are invited to
| Join the plaintiff, Bartlett, in his action
to stop the factlonai quarrel until tho
court determines the merits OF the cese.
One effect of thu injunction, unless IL
is dissolved, is to continue Osgccd, keb-
| Ter and the rest OF the present regime in
office until their sue snssor Is chosen.
A large force If laputy shoritfs Is ct
the Boston Block nea llut7tors, If the
Colorado Fuel and Iron company. pre-
prepared for any emergency
osgood's Statement.
The following statement was given out
by President Osgood at the Denver club
| tonight.
"As result of the Injunction and pro-
test the annual meeting of the Colorado
Fuel and Iron company was adjourned
subject to the order of the court and the
present board of directors continues in
office until stockholders meeting Is
held. Had the annual meeting been held
the result probably would have been the
election OF two boards OF directors, as
the Gates people would have been defeat
ed In the regular, and in all probability
would have attempted to hold a meeting
Of their own and elect a board OF direc-
tors satisfactory to themselves The re-
suit of this would have been court pro-
ceedings to determine which board of d.
rectors was the legal one. This would
have put the business Of the company
into chaotic condition, as, pending a de-
| termination by the courts, its business
/ operation would be brought to a stand
! STILL
1T is the purpose of the company to
strictly comply with the Colorado laws.
1t was never the purpose of the officers
| wilfully to evade this law, but as no
stockholders applied to have the transfer
of his stock registered, as provided in the
statute until Mr.. Gates attorney stirred
the matter up, no book was kept. The
board of directors hope to be able to
comply with the Colorado law and at the
same time with the New York stock or
CARNATIONS that stock will not be
| stricken from the list. But the provision