New-York tribune., 1902-11-25

Of it's being necessary to enforce the rights of
the stockholders by suit. At the former election
the rights of the stockholders were denied, IT IS
alleged but the Hawley Hartman committee
il is announced. is determined to obtain the
rights Of the stockholders at the election to be
held on December 10. II is further declared
that the proxy committee does not intend TO-
and has agreed not to, call upon the stockhoid-
ers to participate in any expense which may be
incurred in enforcing their rights at the com
ing election through litigation otherwise
Until recently John ". Gates had figured as
the head of the opposition to the present man
agement Of the Colorado Fuel and Iron Com
pany. He and his associates, among whom were
John J. Mitchell, of Chicago. and Blair d Co.
of this city. were believed to have had ma
jority of the stock and had expected to vote
it the annual meeting on August ~, ousting
the Osgood management. The latter, however,
succeeded in securing postponement
of the meeting: but Mr. Gates applied
to the courts and secured the appoint
ment of a master in chancery to super
wise an adjourned annual meeting which
was directed to be held on December 10. John
C Osgood. chairman of the board, took an ap-
peal, but his petition denied last Wednes-
day by Justice Brewer, of the Supreme Court
Meanwhile the Gould -Hawley- Hartman circu-
lar was issued. November 10. and 1t was
taken for granted by Wall Street that the
proxies which might be obtained in response to
that appeal would be used with the Gates
stock against the Osgood party. Apparently
Chairman Osgood held the same opinion, for two
days later he issued a long circular asking the
stockholders TO send him their proxies, arguing
that to vote the Gould Ha Wiley Hartman ticket
would be to abandon the management which had
built up the Colorado Fuel and Iron Company
and to turn that great property over TO
the railroads.&c.. Hartman representing the
Union Pacific, Mr.. Gould the Rio Grande West
ern and the Denver and Rio Grande, and MT
Hawley the Colorado and Southern.
Mr. Osgood had been quoted a day or two ago
as saying that he had offered to compromise
with the Gould dHawley-Harriman party by
agreeing that only five directors representing
his Interests should be elected at the annua!
meeting. Asked yesterday whether or not the
report true, he answered: mo. / never
made any such agreement with anybody. Mr..
Gould Mr.. Hawley and Mr. Hartman all
my friends but I don't think it is for the best
control it."
with Messrs. Hawley and Hartman in their
present disagreement, he answered, I'm against
all of them
where is the Blair Mitchell INTEREST,"" was
asked.
much stock
Including the Gates INTEREST,"" was sugges-
ted.
We'll, I don't know anything about 1t. That
IS my assumption"
Mr.. Osgood added that neither he nor the
management had placed any obstacles in the
way Of Messrs. Hawley and Hartman in OBJ
tanning a list Of the stockholders Of the com
pany from the Knickerbocker Trust Company,
and that so far as he knew, neither he nor the
management had any objections 70 them or any
body else obtaining such list.
From other sources this explanation is given
for the failure Of Messrs. Hawley and Harri-
booker Trust Company: There had been so
many transfers Of the stock Of the Fuel and
Iron Company up to the close of business on
Saturday. the time fixed for the closing OF the
transfer books Of the company. that it was I'm
possible to make up the list for several hours.
The original list when completed. was at that
time being rushed for transmission to the COM
panys Office at Denver. Under these cirCum-
fuse Messrs. Hawley and Hartman immediate
access to their books. It is understood, how
ever. that they did furnish stockholders list
late on Saturday evening
The misunderstanding between Messrs Haw-
lev and Hartman and Mr.. Gould had de-
pressing effect the stock market the vari-
Gus Pacific stocks being especially weak on the
possibility that the friendly relations so long
existing between Mr.. Hartman and Mr.. Could
might be broken off altogether, and that a
consequence Of such occurrence a determined
and embttered rivalry might arise in the West
and the Southwest between the great railway
systems Of which the two men are respectively
at the head. An added factor in the production
Of such rivalry would ii said in the Street,
he the making of a close traffic alliance. which
was reported yesterday to have been effected,
between the Missouri Pacific and the new Kan
sas City, Mexico and Orient road.
Colorado Fuel and Iron advanced sharply to
81. closing at Sc net gain Of ; points for the