Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-07-17

directors held on or about said date; nor any
regular or legal action taken authorizing az
assignment OF the property, real and personal
or assets or franchises Of said corporation to
said Allyn W. Coleman or any one else; and
the complainants call upon the defendants to
produce all minutes and records and proceed.
ings OF any meeting of said corporation or it
ohcers or persons pretending to represent il
as officers, or az board of directors and claim
ing TO actfor said corporation from the date OF
ming the articles of incorporation, viz: the
% day of February, 1886, until the 3Oth day oil
June. 1880, and from that date until the filing
Of this bill
THE LEASE OF THE GROUNDS.
The provisions of the lease of the base bal
grounds in square 678 executed February 6
1886. are set out The square of ground wal
leased by the owners, VIM. NJ Gait and Thos
W. Smith, to the club for five years at rent OF
$500 for the first year. $1,000 for the second
and II, $50 for the remaining three years, the
lessees having the privilege of purchasing the
ground at so cents foot at any time during
the five years unless a larger offer was made
for it, when the club would have the privilege
OF purchasing it at the increased price. The
compliments say that the paper purporting to
be an assignment Of the lease to Chester A.
Snow, made by Walter +. Hewett and Luther E.
Burket WAS irregular and unauthorized and in
sufficient to deprive the corporation OF il
rights to the grounds; hence the rights and in
terests OF the corporation thereto remain.
THE GROUNDS SOLD.
The records are cited, showing that Septem.
Der 5, 1889, Thos. W. Smith and Snow executed
papers conveying the ground to John o. Cole
for SS5, on. and that on the same day Cole
conveyed the ground to Snow for a nominal
consideration and executed a deed of trust to
secure to Snow SIS, 1924, the deferred purchase
money. These instruments we're all recorded
substantially n m he rlair
ants describe these operations as suspicious
transactions" intended to cOnsummate secret
and concealed purposes existing between said
parties and to nominally vest the title to said
lots OF ground in said Snow, the original as
sumed assignee Of the lease and contract be-
tween said Smith and Gait and the said cor
poration."
FRAUD ALLEGED. go.
They charge that these instruments are ''the
result of continuance, artifce and fraud, in
tended, if possible, to vest the said lots OF
ground visibly in said Snow and that the said
Walter F. Hewett Luther E. Burket Thomas
w. Smith, John o. Cole and others at present
not certainly known to your compliments, were
and are concerned in the original execution
and consummation Of said evil and wrongful
scheme, whereby they might each and all be
personally benefited by the improper disposition
of said property by final sale thereof and di-
vision of profits which might arise therefrom
or otherwise" Holding that the assignment
OF the lease to Snow was unauthorized and vold
the compliments maintain that the subsequent
instruments purporting to convey title to the
property are likewise void and insufficient At
the time Of the passage of the pretended reso-
luton authorizing the assignment there was
they say, no legal board Of directors by whom
such a resolution could have been passed nor
the legal president or Luther Z. Burket the
legal secretary.
STILL THE PROPERTY OF YHE CLUB.
They claim that the interest and right to the
property and lease still belongs to the club. 1t
is not shown, it is claimed, what consideration
was received by those claiming to represent
the club for the assignment to Snow. The res
olution purporting to authorize the assignment
has these words: The consideration for said
assignment to be paid by said Snow having
been reported to this board by the president of
this corporation. and being hereby affirmed
and the receipt thereof acknowledged" with
out designating or disclosing any sum. The
complalnants state on information and
belief that recently Hewett and Burket
have incorrectly pretended that the considera-
ton actually received was $12, 200. which sum
the compliments claim is far below the value
OF the clubs interest in the ground, which is
such that instead Of the club being insolvent
Its assets would be largely in excess of It's liza
bilties. 1t is asserted that Hewett should
now nave III Ilib dbSetb the sulnh OF Tor
the sale Of players to other clubs, $3.50 for the
sale of the grand stand and fence, $4,000 for
the sale OF +he franchise of the corporation to
the National League, as well as other sums.
u ia a, The RECENT ASSIGNMENT.
There is set forth the assignment made June
80 last by Messrs. Hewctt Burket and O'Brien.
as assumed representatives of the corporation,
to A. w. Coleman, based on the assumption
that the corporation was insolvent The as
is attacked as defective. insufficient
and void, and the amount of the debts sched-
uled inaccurate. The amount of slI.OOO
stated to be due the estate of X. c. Hewett il
is claimed. is less than the amount actually
due. 1t is claimed that the indebtedness
has been increased by improvident manage
ment and by entrance into the Atlantic AssOci-
alton, which action, it is asserted was not author
lied by any competent body. The persons in
curing this Indebtedness, it is maintained. are
Individually liable for it. No reports OF the
affairs of the corporation it is claimed, have
been published as required by law.
PRESIDENT HEwETr's FINANCES.
The complainants state on information and
belief that while Mr.. Walter F. Hewett has failed
to render any account to the stockholders ..he
has been engaged in large and expensive un-
dertakings, and in expenditures of large
amounts of money which would not be derived
from his business as a dealer in -four and feed
therefore state, has been derived in part at least
from the assets or funds Of said corporation
The compliments assert that Mr. Coleman
under his pretended assignment, has con-
tinued to carry on the playing Of the club and
in this manner illegally added to and increased
the indebtedness of the corporation. Il is
stated, on information and belief, that A. W.
Coleman is without any pecuniary responsible
ity and, at meeting between James Coleman,
Hewett's solicitor, the PLAYERS Of the club and
others, James Coleman stated, az an induce
ment for the players to continue playing and
to do the best they could, that, Ibis son did not
have dollar, Hewett had no money and the
only way you (referring to the players) can get
any money is from what comes in at the gate"
1t Is asserted "that in accordance with the pur-
poses aforesaid, and while without any author
lty to dispose Of the property effects and fran
chise OF the corporation, the said Nv. Coleman
proposes to do 90; and If it cannot be accom-
plished otherwise to dispose Of the came at
public auction regardless of the real value
thereof; and in this respect to enable the said
Hewett to become the open or secret pur-
chaser thereof for nominal consideration, 90
hat he may have the exclusive interest therein
md control thereof; . purpose which he has
had in view since the death of said Robert G.
HeWett cad which In various methods he has
sndeavored TO attain and secure"