The age-herald., 1902-02-06
HOLDS THAT ORDER OF
 COURT WAS DISOBEYtD
Reviews Case at Length to Sustain His Decision-R. D. Carver, One of the Directors, Adjudged
 Not Guilty.

% George H. Schuler, directors MAM1 and majority owners of the Alabama Steel and Wire Company, which is capitalized at $1,500,000, were yesterday adjudged guilty of contempt of court by Judge w. w. Wilkerson of the City Court and sen fenced to pay fine of $50 and ordered confined in the county jail for five days.
 After this judgment was rendered, on representations made to the judge of sickness in the family of one of the defendants, the order confining them in jail was suspended until Wednes- day, February 12, at noon, at which time it is ordered by the court that the sheriff of Jefferson County proceed with the enforcement of the order and imprison the said defendants for five days from that date, discharglng them at noon on Sunday, February 16.
 Carver Discharged.
 This order was entered in the contempt proceedings brought by c. D. Robinson against Everett T. Schuler, George H. Schuler and R. D. Carver. The latter was discharged by Judge Wilkerson, the evil dence showing that he was not nstru- mental in disobeying the order of the court, directing the defendants to allow MT. Robinson as a stockholder to inspect the books of the Alabama Steel and Wire Company. MT. Robinson in his petition to have the defendants adjudged guilty of contempt had alleged that they had put obstacles in his way and had burned some of the books of account of the company to prevent him from obtaining certain in- formation.
 Judge Wilkerson in his decision re- viewed all the evidence which has been brought out on the trial of the case, and found against the defendants on most of the charges brought by MT. Robinson.
 In reviewing the testimony Judge Will kerson said that the facts showed that in 1898 and 1899 E. T. Schuler, George H. Schuler and c. E. Robinson organized the Alabama Steel and Wire Company at Ensley, the Schulers owning 60 per cent of the capital stock and Robinson owning 800 shares. In the latter part of 1899 their relations became unfriendly, and in Janu- ary, 1900 Robinson ceased to be director. All three were also int crested in the Jol- jet Wire Company, an Illinois corporation of which Robinson secured control, and the Schulers claimed by unfair methods. Litigations between them followed, and their unfriendly feelings became intensi- fled.
 Refused Examination.
 In May, 1901, at an examination before a commissioner in Birmingham in one of the suits between the parties. the Schulers produced at the hearing the books of the Alabama Steel and Wire Company, but refused to allow Robinson full examin- ation of them.
 On May 15. 1901 Robinson, as a stock holder, made a written demand upon the Schulers to inspect the books of the Ala bama Steel and Wire Company. This right was refused him, and to enforce the right he filed In this court on June Il, 1901, his petition for a mandamus compelling them to allow this inspection. This order was granted on the same day, directing the Schulers to allow Robinson to make this examination. From this order an appeal was taken to the Supreme Court and a supercedeas bond filed which suspended the enforcement of the order until the fol- lowing November, when the appeal was dismissed in the Supreme Court.
 Thereupon on the 9th day of December, 1901, the writ of mandamus was issued and it became respondent's duty to obey 1t in its spirit and purpose. As a stock holder of the company Robinson had right to an examination of the books and papers by virtue of the statute. section 1924 of the code. which says:
 "The stockholders of all private cor porations have the right of access to, of inspection and examination of the books, records and papers of the cor poratlon, at reasonable and proper times"
 The directors of the Alabama Steel and Wire Company were the custodians of it's books and were the trustee of Robinson although his interest was not as great as theirs. The fact that he had law suit against them strengthened his right rather than deprived him of it. If the books of the company disclosed facts to his advantage he was entitled to know them.
 Refused to Obey Order.
 Neither the respondents nor their