Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-10-02
OPPOSITE THEORIES
Papers Differ as to Osgood- Gates
Fight.
COLORADO +. & !. CO. STRUGGLE
Judge Henry c. Caldwell, in United
States Circuit Court, Yesterday
Handed Down Decision Ordering
Stockholders Meeting in December.

What the real condition of the Colo
RADIO Fuel & Iron Co. struggle is, is
considerably of a question today ,as Chi
cago papers differ regarding the sig
nificance of the decision handed down
by Judge Henry G. Caldwell in the
United States circuit court. This fight
has been going on for months be-
tween the factions led by Osgood and
Gates. Some papers view the case as
a victory for Osgood and others see
in it a victory for Gates.
The Decision.
The telegraphic dispatches an
nouncep that Judge Henry Caldwell, in
the United States Circuit court yes
terday afternoon decided the case of
George f. Bartlett against Gates,
Blair and Mitchell, and the officers of
the Colorado Fuel and Iron company.
This is the case in which Bartlett
obtained an injunction preventing the
c..lolder's meeting of Aug. 20, from
being held and in which Gates and his
associates filed cross bill.
The court orders that the stock
holders meeting be held on Dec. z
and the effect of the order is that ii
be in charge of and conducted by
Chairman Osgood in accordance with
the bylaws of the company and the
statutes of Colorado.
Gates and his associates have bit
terly attacked the officers of the com.
pany for the passage of certain by
laws providing the manner in which
the stockholders meetings shall be
conducted. and have asserted that
these bylaws are invalid and passed
for the purpose of continuing the pres
ent management in power. The court
holds that these bylaws are valid.
Judge Caldwell also decides against
| the contention of Gates that the stock
holders list furnished by the Knicker
booker Trust company should be
used for ,le purpose of determining
who had righ to vote at the meet
ing and decides that the books of the
secretary OF the company shall be
used in ascertaining that fact.
The court has also decided that thf
a right to vote. even if they did moi
4 the same closed.
Another Story.
Another side of the story is repre-
sented by the following account
4 which takes the Gates end of the bet
John w. Gates has won decisiv,
victory in his contest for the contro
of the Colorado Fuel and Iron com
pany. Judge Henry c, Caldwell toda.
handed down a decision sustainin,
practically all the contentious Of tn
Gates faction and appointed Seymou
4 D. Thomspon of st. Louis master il
/ chancery to conduct a Stockholders
meeting for the purpose of electing
new board of directors.
4 The following paragraph in the opin
4 ion given an idea of the ruling of tn
court:
The stockholders Of this corpora
ton are legally entitled to have
meeting of the stockholders, at whicl
they can express their choice for di
+ rectors of the company and the cour
will afford them an opportunity to ex
ercise that right under conditions tha
will secure to each one of them legal
ly entitled to vote the opportunity t
do so. The complainants' remedy a
law is not adequate"
The court held luat owners of stoc
have the right to vote at elections o
presentation of certificates regardles
of registration. The opinion COZ
cludes:
1T is clear that the existing att
tude of the opposing bodies of stocl
holders toward each other is such a
to preclude, in all human probablit,
the holding of an election for diret
: tors which would be conducted in
fair, open orderly and legal name
In the presen. state of feeling betwee
these opposing bodies of stockholder
no presiding officers would be euut
, to that task. For these reasons til
SQUIRT will appoint special maste
as prayed for, invested with the poy
ers and authority which will be spe,
itied in che order appointing him.
Meaner Yet