Arizona republican., 1920-12-21
KARL PLIERS OPENS
 FIGHT FUR CONTROL
 IF SHELTER TRUST
TRepublIcan A. p. Leased WlreI

Republican A. p. Leased WireJ
 NEW YORK, Dec. 20.-The first step in legal action seeking to take con- trol of the American Smelling and Re- fining, company out of the hands of the .Guggenheim interests was instituted to- day by Karl Eilers, former vice. -presi- dent of the company, who holds 3,53S shares of the company's stock. Mir. Eilers filed a petition in supreme court asking a writ of mandamus to compel the transfer agent, David A. Crockett, to permit him to inspect the stock lists of the company and take the names of the 19,000 stockholders. The case is set for argument tomorrow.
 "The purpose for which I desire to inspect the books and make extracts" Eiler's petition said, ifs to enable me to communicate with other stockhold- CTS of said corporation in order to con suit with them relative to change in the management of the affairs of the corporation by the election at the next general meeting of a new board of di- rectors for said corporation"
 The petition charges that the com pany has sustained losses running into the millions through gambling in cop per due to the sale of futures on a ris- ing market and the withholding of large quantity of copper from sale dur ing the last year when the market was falling. The charge also is made that the Guggenheim control kept the cor poration from several profitable nin- ing ventures, including one in Bolivia. which t alleges the Guggenheims took up as personal ventures.
 MT. Eilers is a son of Anton Eilers, one of the founders of the company. His action was not taken previously, the petition explains, because "the dominance of the Guggenheim interests was a matter of development and reached its climax only just prior to my removal as director and officer
 Attached to the petition was a letter from Simon Guggenheim, president, to MT Eilers on March 31 last, demand ing Mir. Eilers' resignation, and one from MT. Eilers to MT. Guggenheim, making the same request. The peti- tion alleges that the Guggenheims maintained control over the directors through a resolution adopted in 1910 creating a salary committee of which Murry Guggenheim became chairman. 1 At the time, it charges, Daniel and Sol Guggenheim were drawing between $25 1000 and $50,00O a year while attend ing largely to personal business. MT. Eilers charged the committee was ere | ated so the Guggenheims could by in- creases and decreases in salary reward the obedient and punish the recall citrant."
 The company's policy, prior to the Guggenheim control. Filler alleges, was to sell metal as rapidly as 1t was smelt- ed and refined in order to prevent loss es. This policy, he charges, was aban- doned after the Guggenheims took charge and sales were made for future delivery. A statement by F. W. Hills the controller, the petition says, dis closed losses from this course of nor, than $5, 900 from 1912 to 1919
 When objections to the policy wer, made by stockholders, Mir. Eilers as serts, Murry Guggenheim declared il was done to retain the 1 per cent com mission from the copper companie: for which the corporation was selling agent.
 During 1920, the petition said, 9th, Messrs. Guggenheim carried their pol icy of gambling in metals further.
 They withheld copper, he charges, iron
 falling market and loss resulted o
 tat least $15.000,000 to the stockhold
 CTS of the companies concerns, the cop
 per companies and this company