The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-06-03
ARGUMENTS FOR
PETITIONERS
ATTORNEY SHORES PRESENTS
CASE FOR OPPOSITION TO
MERGER IN INJUNCTION
Pr PROCEEDINGS.

After the conclusion of the argument
'of Attorney Allen r, Rees for the CAL
yNmet n Hccla company i'm the injunc-
ton proceedings now before the circuit
court. shortly after the opening of the
afternoon session yesterday Attorney
4. j. shores OF New York took up the
opposition side presenting arguments
in support of the petitioners conten-
tions. Mr.. shores made a plea for a
go day holdoycr i'm the case. expressing
the belief that. If given the privilege of
examination OF the two mines for his
clients. the whole case could be dis
posed of by that time.
Mr.. shores began by going back to
the BigeloW case which he quoted Mr.
Rces as saying TO be the beginning of
the merger movement. and said that it
grgas then claimed by the absorbing
company that the separate properties
were 10 be operated absolutely indie
pendent of each other. While having
no connection with the matter at that
time he had however read the decisions
i'm the case and had remembered them.
,aud he claimed the present merger
plan is entirely opposite from what
was given ont at that time. Turning
20 the question OF the power of the
present court TO enforce the sherman
.auti-trust law or the Michigan trust
law which Mr. Roes had questioned
during the morning session, Mr.. Shores
said that he maintained that they
were applicable i'm this instance.
Speaking along this line he gave his
attention to the probabilities OF one
company so arranging things as to
give it practically absolute control of
the production of copper and regulat-
ing Of the price by shutting down un-
profitable properties when the price of
metal fen below certain point He
cited the case OF Augustus Hcinze YER
s'rs the Boston q Montana copper
company to bear out his arguments.
Tointing ont that the Montana courts
had compelled the mining company to
have n receiver appointed before its
case would be considered.
Mr. Shores reviewed the prelimi-
nary steps taken towards the merger
and stated that the plan submitted to
AIR. Chadbourne last November diff
fered In very few essential features
from the statement subsequently pre-
pared by ]. Parke Claiming at the re-
Quest OF the c. & II. company and Of
tered to the stockholders Of the sub
sidiary companies as basis for the
contemplated merger 10 induce them
70 send proxies I'm favor of il. This
similarity he claimed was the result
.of Mr.. Charming having been instruct
81 before making his Investigation as
TO just what ne should say in his re-
port. Representatives of Mr.. Chad /
bourne when they had asked for am /
opportunity TO make an independent 1
Investigation had been informed. Mr. (
shores said that it would take over
eighteen months, but Mr.. Charming. he
said, had made his report after a
three weeks examination of hundreds
of miles OF underground workings. and /.
reference to mulutudinous reports and
records.
The case is attracting great deal
'' attention. on account OF the great
Interests and large sums OF money in
Vowed in the proposed merger and the
ions OF court have been attended
hT many Interested parties. those pres
emit yesterday including about "a dozen
ladies.
This Mornings Session.