Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-03-20
CASE POSTPONED.
Iron City Case Will be Heard
Again.

Judge Mason Agrees to Allow the Bar
hickman Party to Have more Time
to File Aifadavits-As 1t Looks In
Fairmont-Other News About the
Court House.
The arguments in the Iron City Gas
case fired at Judge Mason was not
enough TO settle the matter at this
time. The Barrickman interests
asked postponement until next
Wednesday in order to get IN better
shape and this was granted. They
will file mass OF affidavits to support
their claims. The counsel interested
in the case returned home on Thurs
day.
It is probable that the next hearing
] will be held in Morgantown. Court
will end at Fairmont in few days.
The case has aroused much interest
up there and it has been the main
topic of talk in Morgantown.
In connection with the hearing the
following from the Fairmont Times is
of interest:
The injunction proceeding in the
Iron City OIL aud Gas Company, of
Morgantown, were heard again before
Judge Mason in the Circuit court room
today. An array of legal talent is
engaged on the case which is a most
important and interesting one. As
before related by the Daily Times, the
legal question involves the day and
date of the issuing of It's shares of
stock by the company.
J. G Frazer and others, said TO be
representing the old Gas company
managed by Hon. E. NJ. Grant pur-
chased a controlling interest in the
Iron City Gas Company, for more
than twenty thousand dollars. They
secured an injunction from Judge
Mason, preventing the Iron City Com
pany from issuing more stock.
When the time came for the Iron
City company to give possession Of
the books and papers Of the company
they announced that It's new shares
of stock had been sold, that the old
share holders were the purchasers.
and that they continued in control.
Did the old company issue the add
tional 17S shares before Judge Mason
issued the first injunction, or after
wards? Did they have right TO Is
sue more stock, after selling the con-
trolling interest and adjouIning the
directors meeting sine die, as the
plaintiffs CLAMP
Those are some of the questions now
appealed to Judge Mason. The next
step of the plaintiffs, representing the
Grant and Frazer interests, was to
have Edgar B. Stewart appointed re-
ceiver. He took charge of the books,
cash and property of the Iron City
Company.
The defendants came into Court
Saturday and asked that the case be
heard Tuesday The Judge set hear
ing Yesterday the attorneys met
here and the defendants moved to
dissolve the receivership. To-day the
case was further heard on the original
process; the bill of the plaintiffs; the
answer of the defendants; the except
ions of the plaintiffs, and their atfida-
Wits IN support of the allegations in
the original bill.
Arguments were made by num-
Der of the following lawyers Hon.
Geo. G. Sturgiss, j. G. Frazer, Bryan
Gordon, Frank Cox, all for plaintiffs,
and Hon. W. S. Meredith, Charles A.
Goodwin, Van A. Barrackman and
Frank Weaver, for the defendants.
The case involves property worth
from $75, 900 to 800, 900. The ques-
tion is new one, and novel one.
The majority of the attorneys who
are not In the case, are inclined to be-
lieve that the plaintiffs have the best
of the law, argument and evidence.
Eleven affidavits werS filed today in
support of the original bill. If the
defendants are wrong, they stand in
an unpleasant light 1t is thus far
difference OF opinion.
The following interested parties
were also here to hear the arguments:
Hon. L. M. Grant, Joseph McDermott
President David S. Brewer. and Treas
urer Carl +. Boehler, of the Iron City;
Leopold Sigward, adirector;i Edgar b.
Stewart, the receiver, all of Morgan
town.
Mrs. Martin is engaged in the eoun-
ty clerks office trrnscgibing the rec
ords with the book typewriter.
MARRIAGE LICENSE.
permit TO wed has been granted
ty clerk John e. Price to James e.
Gilmer painter, and Mary E. Smith.
Both are residents of this county.
This is the second license issued this
month.