Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-01-02
LEWISTON, Jan. !.

LEWISTON, Jan. ].
A Hallowell hwyer named Herbert Blake.
has brought suits against the treasurers of
nearly every corporation in the State for the
recovery in each case Of $500 forfeiture for
failure to publish statistics Of their condition
Of business Is required by law. In round
Of v,its to the mills on Monday, it was found
that Deputy Sheriff Littlefeld of Auburn,
had served eight summons for treasurers of
of Lewiston corporations TO appear at the
Superior Court in Kennebec county the sec
ond Tuesday in February to answer to the
above suits. The suits tina, are brought BY
Blake are against the treasurers personally
and not against the corporations. No GRIM
inaiity is alleged against the treasurers. 1t
10 matter Of neglect in each case. Blake,
il he RECEIVERS, holds the $500 as his own fee
for his trouble. The lay under which he
hopes TO recover is As follows:
Sec Of Chap. -, Revised Statutes Of
1871. ''The treasurer (of corporations) is to
publish semi annually in the months of JAN
uary and July in such newspapers as is des-
| ignated in the preceding section 1.-THE leading
| Newspaper in city, town, county or State)
statement under oath Of the amount of the
assessments actually paid in. of the existing
capital, Of the debts due, of the capital in
| vested in real estate and fixtures upon it, in
GLIDING machinery and Of the last valuation
Of real estate and of the aggregate value of
taxable property of the corporation fixed by
| the assessors.
For neglect or refusal to publish the state
| ment the treasurer on indictment and convic-
ton, is to be fined not exceeding $1,000 nor
imprisonment less than year. For neglect
or refusal or Of publishing a false statement
with intent to injure present or future cred
itor Of the corporation, he shall be punished
BY nne not exceeding $1,000 or by impris-
onment in the county Jail less than one year
Or In Statss prison or any or all according to
the aggravAtion Of offence"
| This was the Law in 1871. In the revised
statute Of 1881, sec. 32, chap. 4G X. s. was
| found the additional provision under which
Mr.. Blake sues.
''If any officer OF a corporation charged
| with making and causing to be published any
statement in regard to any such corporation,
shall neglect to do 30, such officers, in ad.
dition to the penalties already provided, shall
forfeit the sum of $500 by action of debt OF
action on the case such sum to be to the use
Of the person sueing therefor.
At the last session of the legislature, the
section Of the Law requiring the publication
Of semi-annual statements and annual return.
was repealed. -
THE question that arises" said an sttor
nsy " no Was discussing it, lis whether with
the repeal of a law the remedy which wal
then in force does not go also?'
There 10 also another provision which i,
complied with BY many mll.--that cashier,
and clerks or presidents of corporations are
| to make returns to the Secretary of State OF
the names of all the stockholders, their resi-
dencs, the amount Of stock owned by each
and the whole amount of stock paid in. The
secretary 10 to lay the came before the legis
lature within specified time.
This latter specification does not enter into
Blake's suits. He saed under the act of for
FIXTURE for the neglect Of the treasurers OF
mills to publish in the daily or weekly paper
the accounts demanded by law. These stat
istics or accounts are, as will be seen. much
like the statements Of savings banks, so read
lily complied with.
Blake makes a Wholesale prosecution. II,
will make, if he RECEIVERS, between four ant
six thousand dollars in Lewiston, and for
tune in all.
mot one Of them that l know has ever
published . statement of its business said
prominent mill agent Tuesday. MANY OF
them however. have returned blanks to the
Secretary of State - required. In one Office
nevertheless. : are blanks from the
Secretary of States Office lying upon the
blanks had been hunted up under the stimulu.
Of the occasion, although the time for re-
turning them had passed. At one mill it va.
asked an agent if a suit had been brought
and he replied that it had not.
"His reply vas that he had filled out hi,
blank and sent it to the Secretary of State
He vas not aware that there were any further
requirements. He was surprised to learr
that the Law had ever required that the sta
tistics should be published in any newspaper
or that any forfeiture could follow for any
such neglect"