New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-16
ASKS WHO PLAINTIFF IS.
M@coni Company Gets Order to
lShoa Cause an Gardner Suit.

Application was made before Justice Scott yes
tercay in the Supreme Court by the Marconi Wire
less Telegraph Company Of America TO issue an
order compelling Franklin Bien attorney for
Henry Gardner. who has instituted action
Tor accounting and the appointment Of re-
cever for the Marconi company, TO show cause on
July - why he should furnish the defendant
with the fun and address OF his client. JUS
tice Scott granted the application and also stay
all proceedings the part Of the plaintiff until
the determination Of this action.
The application made by Guthrie, Crayath
g. Henderson, who represent the Marconi company,
ar9 q Rollins Morse John ". Griggs. John D.
oppie. William II. Bentley. Wyllys r. Belts. cyrus
s. sedgwick Loyal L. Smith. Henry H. Mcclure
Guglielmo Marconi. James ". Pyle and james r
Cotton. directors Of the Marconi company. who are
mace defendants 10 the suit. Their application was
on the strength Of two afidavts. They assert that
no such person Henry Gardner, named as plain
fir in the complaint. be found. II Is further
alleged that there is stockhoder OF record
named Henry Gardner. and that search or the
New-York directory reveals only two Henry CARD
ners one a pedler and the other policeman Both
OF these men denied they had ever authorized the
institution Of any suit against the Marconi COM
pany or its directors
CIardners complaint charged the directors with
wastefulness and extravaganza of many kinds, and
alleged that unless a receiver were appointed he
and other stockholders would be injured irrepara-
bly, as the continuance of the present system OF
management would render the company insoivent
The affidavits set forth that on June 2 the sum
mons and complaint filed. but that the sum
mons and complaint not served on any Of the
defendants. any attempt made TO serve
them. Mr.. Bien asked for the full name ana
address OF the plaintiff but. it is alleged. refused
give them: and the same day Guthrie. era
vath & Henderson wrote TO Mr.. Bien. asking for
the plaintiffs address. how many shares Of stock
he held and how long he had held such stock Mr..
Bien replied stating he would furnish the informa-
zion Thursday. but when seen that day by
representative OF the defendants counsel. orally re-
fused to give the name address OF the plaintiff.
on the ground that he had yet received an
his Letter OF July 6. and added that If the
defendants wished 10 find out about the plaintiff he
would have him his office to receive service or
papers and that he would write on Friday in re-
sard TO the case. As letter received yes
terday. the order show cause obtained.
AS the plaintiff is a stockholder Of record.
Affidavit says il is necessary for the defendant
company 10 know his address in order that it may
examine him before answering. that should he be
nonresident, ii may move for security for costs
John Bottomey. the secretary of the Marconi
Company gave out a statement authorized by the
directors of the Marconl Company. II says:
The charges contained in the complaint in this
suit too preoosterous TO deserve serious at
IenUion. As matter OF fact the complaint has not
been served upon any OF the defendants except me
and entirely Irregular of filing the complaint
in court before service, clearly for the purpose OF
giving publicity TO its ridiculous allegatohs Inc
plaintiff is not stOckholder OF record. and has
in the company A most diligent inquiry has failed
reveal his identity and his own attorney refuses
10 state who he is where he be found. That
the suit is instgated by parties jealous of the popu
larity and prestige Of the MaTcOni Company Is in
icated by the fact that in the complaint reference
Is made libel suits to be instituted by another
wireless telegraph company against the Marconl
Company whereas the libel suit TO which SO much
publicity has been given not begun until five
DAVIS after the Gardner complaint was verified
The charges OF mismanagement and insolvency
81 the Gardner complaint are so wild and silly
"a make il perfectly plain that the person
Information regarding the affairs Of the Marconi
Company. and simply seeking 10 injure the
Marconi Company.
The Marconi Company is in the most salts
factory financial condition. having ample funds IN
its treasury for every purpose. Other than It's OBJ
legation make annual payment TO Mr.. Edison
for years for his services and inventions, the
company has debtc. excepting ordinary current
accounts aggregating less than $1,000, while the
salaries including the annual payments TO Mr..
Edison amount 10 only about s22 600 a year.