Omaha daily bee., 1902-11-25
FIGHTS FOR. FUEL COMPANY
Gould Opposes Hawley and Hartman in
War Of Circulars.
BOTH SIDES ASK PROMISE FOR MEETING
It IL Claimed Agreement was once
Reached, hut Now Gould Backs
Out and slabs COnferees
in Back.

NEW YORK, Nov. 24.-The struggle for
the control Of the Colorado Fuel and Iron
company was marked today by the issuing
OF circulars to the stockholders by the rival
interests represented by Mr.. George J. Gould
and by Edwin Hawley and q. H. Hartman.
Mr.. Gould declares that the use Of his
name in a circular dated November 10 call
ing for proxies was unauthorized. In re-
sponse to this Messrs. Hawley and Harri-
man issued a circular in which they state
that it had been distinctly understood that
Mr.. Gould should unite with them in an
appeal for proxies.
Gould Makes Explanation.
At the office Of George J. Gould word was
sent out, in response to an inquiry about
the circular, that Mr.. Gould did not want
to say anything, either as to its anthem
ITCHY or supplementary to 1t. The circular
Is addressed to the stockholders Of the
Colorado Fuel and Iron company and says:
During a recent absence from the city
in a circular dated November 10. reduest-
ing your proxies. This call was made with
out my knowledge, consent or authority,
neither the circular letter nor the form of
mltted to rue.
On my return to the city 1 promptly dis
avowed all responsibility for such call and
proxies. l therefore request that all prox-
les bearing my name and executed in re-
Spouse to such circular be revoked.
AS, however, 1 own and control a SUBJ
stantial interest in your company, l in
vite your cooperation at the coming cleo
ticn Of directors and inclose a form of
proxy, by signing which you will revoke
any former proxy signed by you and will
ests to my associates and myself on the
assurance that your proxy will be used for
me me e1eeflon OF directors who Will conduct
sole purpose of protecting the interests of
Its stockholders.
Accompanying this circular is a proxy
made out to George ]. Gould, George p.
Butler and John H. Clement.
In view Of the foregoing circular the
following has been issued to the stock
holders Of the Colorado Fuel and Iron COM
pany by Edwin Hawley and E. H. Harri-
man:
In view of a MISUNDERSTANDING as TO Mr..
Gould's desire to Join in the request here
tofore made for proxies covering stock of
the Colorado Fuel and Iron company, the
undersigned will esteem IL a favor IL you
will kindly execute the enclosed form OF
proxy in accordance with the directions
them in the enclosed addressed envelope,
for use. lin lieu of the proxy previously
fbs c 5y y9sa at IT The The sHnTsl meeting E,tI1 Of
Iron company, to be held at Denver on
December 10, 1902, or as otherwise provided
in said proxy.
Inv plOAJ hlC accompanies LnlB l6ILeT
carries the names of Edwin Hawley and
E. H. Hartman.
other Side Replies.
Edwin Hawley and E. H. Hartman, after
a consultation, late this afternoon sent out
the additional circular.
Referring to the circular letter OF George
J. Gould the undersigned submit the fol-
on November IS they had a conference
tTSa sh M Mg; Soul nan, at which SoEld !, vas agreed d
Of he Colorado Fuel and Iron co@pany
a printed form of proxy was presented for
consideration and was approved by all, in
the names of Edwin Hawiey. george !.
Gould and l.. II. Hartman as the persons
in whose favor the proxies were to be
made.
Mr.. Hartman made some suggestions
looking TO slight alterations in the form
likewise approved by Mr.. Gould. There was
no mention by any one OF a desire to see
another proof Of this proxy. The proxies
Hartman, in the Identical form thus agreed
upon were mailed to stockholders before
Mr.. Gould's departure for the south on No
vember IL, and the undersigned were there
fore much surprised to receive a letter
from Mr.. Gould dated November Is in which
he stated that while there had been some
discussion of the ACCESSIBILITY of calling for
proxies, no understanding had been reached
I Us y " nv A@eAss VI ohI NoAAN VI as W kAN
use o., any proxies which might be re-
ceiveG z the call should be made"
On the contrary, the undersigned not only
understood that they had distinctly agreed
with Mr.. Gould that the call should be
made with the proxies in the form approved
by him, but fully believed that they had
agreed with him as to the use which should
be made of such proxies when received.
At the subsequent meeting on Friday last
Mr.. Gould proposed the proxies already
obtained should be divided between him
self and the Undersigned. The latter, how
ever, insisted that under the circumstances
the proxies should be returned.
The Undersigned again request that If
you are willing to entrust them with your
interests at the coming meeting to be held
on December 10, you Will execute the form
Of proxy in their favor already mailed to
you and return the same, to them. They
are individually large shareholders and
their only interest and purpose In this mat
ter is to secure for the company a con-
sentative and independent management that
shall conduct its affairs with sole regard
to the best interests of the property itself.
The clause In the proxy authorizing the
undersigned to take necessary proceedings
to force the rights of the shareholders was
deemed advisable in view of the recent
litigation, but the stockholders executing
proxies will not be called upon to bear any
proportion of the expense that may be in.
Cured In protecting their interests.
(Signed) EDWIN HAWLEY,
K. II. HARTMAN.