Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-05-25
CHARTERSN DANGER.
A New Rule of Court Interpreted to
Mean Many Are Worthless.
FURNACE MEN HOLDING PIG IRON.
How Boys Kept a Western Band From
Playing by Sucking Lemons.
GOOD STORY ABOUT A PIOUS DENTIST


PATCH day or two ago of change made
by Common Pleas Court No. of its rule in
regard to the method of procedure in ap-
plying for charters of incorporation. There
is something beneath the surface of this
ruling of the Court of great Importance to
the publie-especially to that large portion
of the public interested in corporations.
Yesterday an interview was had with At
torney j. NJ. Caldwell in regard
to the matter. Mr.. Caldwell said:
''The change in itself is important,
but not so much so to the public as the
causes and reasons for the change, which do
not appear on the surface, but are well un-
derstood by thoughtful lawyers. The Court
in making this change in its rules has not
diminished its labors, but largely increased
them, and it may well be inferred that it
was not done without sufficient cause. The
act of 1874 specifies a particular form in
which charters shall be prepared, and also
some legal requirements that shall be en-
bodied in them, but it does not indicate the
particular rules of procedure before the
Court, or the law judge who is
empowered to approve. or grant
the charters. The wording of the act
very naturally suggests the method of pro-
cedure first adopted by our courts; that is,
file the petition for the charter and the
charter itself in the Prothonotary's Office,
then advertise the notice of the time of the
application for its approval, as the act
directs. Then, at the time mentioned in
the notice, make application to the Court or
a law judge for approval Now, the judges
have changed the rule to the effect that the
petition for the charter and the charter it
self must first be presented in open court,
and an order of the Court obtained allowing
the same to be filed and the notice adver-
tised.
Decision Not Yet Announced.
sThe Court has not yet stated whether it
will, when the charter is first presented,
peruse and examine it in order to be salts
fed that it is in proper form, within the
provisions of the corporation act and not
unlawful or injurious to society, before it
orders or allows it to be filed and the notice
advertised; but that is the reasonable in
ference of the Courts intention, and its
action since on some charters that were pre-
sented confirms that inference. 1t is alto
gether likely this method of procedure will
be adopted by the other Common Pleas
Courts of this and other counties of the
State.
''This course of proceeding may seem
arbitrary at first, but upon due consideration
it will be found to be altogether for the
benefit of the applicants for charters
Under the old rule they had to
go to the expense of the Prothono-
tary's costs for filing, etc., and
which together, without counting attorneys
fees, would amount to little less than $40 or
$50. Under the new rule the objections of
the Court would be indicated before any
costs, except attorneys fees, would be in
CURED, and some cases new charters might
be prepared avoiding the objections and
presented with reasonable hope of success
Reason for the New Rule.
''The reason for the new rule is that a
number of old laws exist about applying for
charters, and 80 years ago the Supreme
Court decided that no charter would
be granted unless the provisions
of these acts were complied with
1t is now believed by experienced lawyers
that there are hundreds of charters recorded
in the office of the Recorder of Deeds that
are not worth the paper that they are written
on. The public therefore interested in cor
poration matters will net be sorry that Com
mon Pleas Court No. 1 has sounded this
signal gun of alarm. 1t is supposed that the
Court was led to investigate these matters
more closely on account of the immense rush
for charters of incorporation for almost every
conceivable purpose within the last few
years. Every little gathering of people for
profit or pleasure, for eating or drinking, for
music or dancing, for going abroad or staying
at home, wants to be incorporated. Judge
Slagle has given special attention to the mat
ter, and has raised fBaquo's ghost in cor
poration matters 1t is to be regretted that
a few worthy applicants have fallen victims
to the new rule