Arizona republican., 1902-11-21
4 VICTORY FOR
 THE GATES CROWD
Election of Directors of c. F. & l. Will
 Take Place as Ordered.

Washington. November 20.-Sitting in the capacity of presiding justice fer the Eighth judicial circuit Justice Brewer, of the United States supreme court, today denied the application for an appeal to the circuit court for that circuit from the decision oi Judge Caldwell providing for the appoint ment of a master in chancery to super wise a meeting of the stockholders of the Colorado Fuel and Iron Company to be held December 10. The petition for appeal was presented on behalf of J C. Osgood, president of the com pany, by Attorney Frederick D. Me Kenney of this city and Attorney D. .C. Beaman of Denver, and was resisted by Attorney W. H. Hornblower and Attorney F. w McCutcheon, both of New York, who appeared for John w. Gates.
 The decision is based upon the fact that the appeal had not been taken within the time allowed by law. The petition was presented to Justice Brewer in the consultation room of the United States supreme court, and was supported by arguments by both Beaman and McKenny. who devoted themselves almost entirely to the dis cussion of the technical position as to whether an appeal from Judge Cald wells position would lie. They con tended that the action of the OsgoOd people moving the appeal immediately upon the entering of the order oper- ated to remove the case into the cir cult court of appeals, notwithstanding the matter had been presented to other judges of that circuit before be- | ing brought before Justice Brewer. but | that action by a circuit judge or one of the justices of the supreme court was necessary in order to make the ap- peal effective.
 MT. Hornblower, on the other hand contended that Judge Caldwelrs order
 was not appealable, but even if it was,
 the allowance of the appeal by the | judge who heard the case was neces- sary to make it effective, and that the statutory period of thirty day in which an appeal could be taken, ii al all, had already expired.
 l The argument consumed about two and half hours, and at the conclusion
 Justice Brewer announced his decision.
 He held that if the presentation to the
 circuit court of Colorado of the petition i for appeal, accompanied as it was by
 an assignment of errors and a tender of bond, did not constitute the taking
 of an appeal within the meaning of the law, it was now too late for him to allow the appeal. But he said that if
 that did constitute an appeal, then
 the case was already in the circuit court of appeals and it could make any orders for supersedeas, etc, requisite to
 make the appeal effective. Therefore
 he reused to take any action whatever in the case.
 The effect of the decision is to leave the case where it was placed by Judge Caldwell's order. and presumably the meeting for the election of directors under the supervision of Master Sey- mour D. Thompson will proceed on the tenth proXimo in accordance with Judge CaldwelTs order, unless those opposed to such action find a way to prevent it. Attorneys Beaman and
 Mckenny said that they had by nc
 means exhausted their resources, but
 declined to state what step would next
 be taken.