Evening journal., 1896-07-20
THEIR SCHEME BLOCKED
Chancellor Nicholson Stops the
H. & F. Election.
SECURITY TRUST A PETITIONER

business Troubles Of the Company Not
Yet Ended.
On Saturday afternoon Chancellor
Nicholson made an acceptable recon
mendation In the latest phase of the
trouble between John Hartman ct al.
and the Security Trust and Safe Deposit
Company, trustee of the Hartmann &
FehrenbAch Company. Colonel Nields
representing the trustee filed o petition
setting forth the following facts!
THAT John Fehren bach. late of New
CASTLE county, In and by his last will !
and testament, which after his death
was, on the Bird day Of NoVem Der, A. d.
1887, duly proved and allowed, gave and
bequeAthed inter ALA unto said Security
Trust and Safe Deposit Company $40
shares OF the capital stock OF the Hart
man and Fehrenbsch Brewing C1mpsny
in trust to pay over the interest and
dividends thereof from time to time,
when and as the same should be received,
unto his three daughters, Annie M
Schnler. Maggie T. Grler and Emma L
Ayars, for and during the term OF their
natural lives, and In case either
OF said daughters should die
leaving child or children,
then her portion, one-third of said stock,
In trust, to transfer the game to such
child or children or It's or their guardian,
but II any daughter should die without
leaving any Issue then he gave and be-
questhsd her portion. one-third, to all
the surviving children, share aud share
alike; and he also by his said last will
and testament gave and bequesthed to
your petitioner 100 shares OF the capital
stock Of said company In trust to pay
over the interest and dividends thereof
from time TO time, when and as the same
should be received, unto MsrgRretha
Fehrenbsch, the widow of said deceased,
during the term Of her natural life, ana
upon her death In trust to transfer
twenty shares thereof to each OF his sons
absolutely. and sixty .shares thereof to
be held In trust for bis said three
daughters in the same manner and under
and subject TO the same limitations as
the stock given and btqueathed In trust
for his aAid daughters.
That your petitioner duly accepted
the trusteeshlp under said Will and has
under and pursuant to the provisions
thereof, held and managed said stock.
That the said Annie NJ Schuler, since
the death Of said teststor, departed this
children, and that one hundred and eighty
shares of said stock were, as provided In
said will, transferred to MArgareths
Fehrenbkch, guardian Of said three minor
children, which said shares are now held
by said guardian.
Your petitioner, therefore, now holds
four hundred and sixty shares of said
stock in trust as aforesaid, under the
I Ill - al I,k~ I'll
THAT upon the bill of complaint filed
In this honorable court March 10, 1896,
by John g. Hartmann ct. al, against
your petitioner as trustee under the will
of John Hartmann, deceased, 10 Was on
the eleventh day OF said March ordered
by the chancellor that a preliminary
Injunction Issue as prayed in the said
bill restraining your petitioner, It's
agents, servants, Rttornies, proxies and
representatives until further order oi
the chancellor from interfering with the
conduct and management OF the bust
ness Of the Hartmann and Fshren nbach
Brewing Company, by its board OF
directora as now constituted, knd from
attempting to alter the copstitution oi
composition Of the said board OF
directors as Low constituted except IL
accordance with the bylaws of said
company as get forth In Exhibit "D'
annexed to said bill.
THAT by article /, section l., Of sale
bylaws. It Is provided that the annuA
meeting of the Hartmann and Fehrsn
bach Brewing Company shall be held a.
Wilmington In the State of Delaware, oil
the last Thursday 10 July of each yesl
at 3 o'clock p. m and by article 2
section l. Of said BY -laws. 1t Is also pro
yided that there shall be a board o
directors, five In number who shall bl
chosen by the stockholders at thei
annual meeting by ballot, the said stock
holders may vote personally or by prox)
authorized In writing. Said directors
shall hold their office for one year anC
until others are chosen In their stead Ii
voting for directors each share shal
be entitled to one vote. Any vacancy
which may occur by death, resignation
or otherwise Of any officer OF the compan
shall be filed by the board OF dirsetors
aud by article @. seetion /, of said by
laws, it is further provided that 'ther
shall be a general manager Of the com
psny, who shall be chosen by the stock
{ holders OF the annual meeting, aud bJ
article at said bylaws 1t Is also provide
, that all elections shall be by ballot an
each stockholder shall be entitled to q
many votes as he owns shares Of stock Il
; the corporation.
! Your petitioner is advised and be
lieves that it cannot by It's agent. prox
les or representatives appear AS q stock
holder at said annual meeting and vot
any shares Of stock held by it for an
: other person OF parsons than the boar,
of directors as now constituted, withou
violating the order and injunction OF thl
honorable court rs aforesaid.
Il Your petitioner further.represents thI
G after said Injunction was Issued an
. served upon your petitioner, to wit, o.
n the first day CT June, A. d e., 1896. tn
/; said John g Hartmann. one OF the dire,
l. tors and president Of the said Hartman
: & Fehrenbach Brewing Company, to
It gether with Charles A Schaefer and
y George FehrenbAch two other director
q OF ssid company, attempted to altt
= and amend said by-laws, exhibi
r ID, annexed to said bill oy chang
4. ing article 2. section 1, thereof &
that, In voting for directors aad on a
questions arising Rt stockholders meet
y tnoa each stocknoider holding at leal