The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-11-30
ALLEGED THAT PERRY HAS
$1,000 MARTINDALE CLAIM
Stockholders Petition COtteraI 10
InterCede-.. -..NaptindaIG'S TeSti-
moOy Stockholders

The situation in the Southwestern
Iron Companys case is more complex
than ever Attorney Gustaye A. Er
iyon filed a petition before Judge COT
teral in the United states court TINS
morning, asking that the trustee II.
J. Perry be removed and that an I'M
martial and disinterested man be ap-
pointed TO take his place. The referee
has no jurisdiction in matters IN
yolving removals of trustees anu
therefore the petition has been pre-
sented to Judge CotteraL
It is believed that an early hearinS
will be given by the court on this pc.
tition. and that all circumstances VIII
be made public
II is rumored that Perry holds a
personal claim OF about S100000 nov
against Martiudale, and that II would
therefore. he impossible for him az
trustee to bring any action against
the former manager of the concern
As Perry is a brother OF the lfl'esSehl
OF the National Bank OF Commerce
of Kansas City, and this bank MAIN
tain friendly relations with the
interested BANKS, and Dale & Bier
er, it is known that strong pres
sure has been brought to bear on the
trustee with the purpose of securing
Dale e. Bierer as his attorneys Rel
cree purford late yesterday evening
apponted Mcclure & Smith as at
torneys for the trustee and Instructed
that A. G &C. Bierer take charge OF
the litigation involving the Thomas
frog" contract These arrangements
it is said by Erxon, are unsatsfac-
tory TO the majority OF the creditors
The netltion asking for the removal
of Perry AS trustee, is lengthy doo-
ument and among other disqualified
tions on the part Of Perry it charges
that he is influenced by the Dale and
Guss faction. i sets UP FULLY tnat uh
lawful dividends have been paid b>
the Southwestern Iron Company dur.
ing the last FIVE years, that alleged
false representations which were
made for the purpose Of selling worth
less stock, and the friendship winch
exists between Perry and certain ere
ditors PER-, was until recently pre-
idon and manager of the defunct con
corn and is still "a director
Hearing Before Referee.
Most of the morning was consun
cd IL arauipe whether 1.-THE south
western Iron Company should be op-
oratod tamnorariM bv the trustee so
il could be sold as a going concern
or ir it should be sold Immediately
for the best price il may bring I'M the
omen market
ATTORNEY Erixon. who represents
one.rifth oflau tile creditors OF the
Southwestern Iron company argued
AT length against permitting the uus-
tee TO operate the plant Mr. Perry
the trnstee. and his attorneys. Nc
Guire & smith. advanced that the
concern be operated on money WAich
the trustee should borrow on certnl-
cate. Erixou maintained That th'S
could not be done al profit ana me-
stated that the trustcr Wonld reqUl'V
al least $25.o000J in cash to re1"'a
The prestige and business reputau u
which the plant has lost by reason
Of litigation and other adverse conU'
tions EriXon stated Jhal il '"e '
tee is permitted to reopen The p'"""
the creditors would in the end os'
everything and the entire assets
would be consumed in expenses ana
costs.
Former President Martndale ASH