Evening journal., 1896-07-20

- NAANOA0Ac VI Ah0tA tAtOAlO4t wv cei0
judges shall FIX time for the meeting
and organization Of the new board
THAT on the 29.h day OF June. A. d
1895. your petitioner was served with
notice OF said alleged amendments of
said by laws, copy of which notice Is
hereto annexed marked exhibit "A
That your petitioner, under said
alleged amended byalaws as the
holder Of 400 shares Of the capital stoek
OF said brewing company, In trust under
the will of John Fehrenbsch, deceased,
would be entitled to only two votes at
said annual meeting, and az trustee
under the will OF John Hartman, de
ceased, holding 790 shares, would be
entitled TO only one vote
Your petitioner further represents
that at the directors meeting, at which
said alleged Rmendmfnt ~ the by-laws,
exhibit ID, was adopted. was held.at 5
o'clock In the evening. and that no
proper or legal notice thereof was given
to Charles Fehrenb.c1 or John 5 Roseell
the other two directors Of said Company.
And your petitioner further repre-
sents that under the said amendments
aud bylaws. Exhibit I'D, 1" aud subse-
quent to the Issuing of said Injunction,
the said John q Hartman and Minerva
&. Fshrsnbach, wife OF d,orge Feb
renbAch, and Henry l. Schaefer and
Gustavus A. Sohaefer, brothers Of the
said Charles A. Schaefer, constituting
the firm OF Schaefer & Brothers. have
caused to be Issued to each OF the follow
ing named personr, 6ve shares of the
capital stock of said brewing company,
viz: Louise O. Schasfer, Florence A.
Schaefsr, Charles A Haist, Lydia HAIst,
Mary A. Schaefer Henry @ Sohaefsr,
Walter K SchAefer, Louisa o. Schaefer,
Harry A Beeson, r. B Chillas.
John Hartman, Clemens Stolz, Fred
erIck 20. Roemer, Frederick y. Wolf,
A, P. Bucher, j. T. Dickey,
Peter ]. Ford, Walter II. Hayes, James
W. Ponder. Samuel Isenschmid, Fred
erlck @ B,ck, Louis Ystter, Hiram Kim
BILE, Franklin J. Murphy. Harry B
Stradley, Frank ~. SEWER. j. Clifford
Mecannon, Henry NJ Armstrong, Charles
Yettsr, John Conrad, John Wagner
thereby creating thirty-one new share
holders in said company, each OF whom
would be entitled to one vote ut said an
nusl meeting.
"And your petitioner further repre-
sents that the said John q. HartNann
after obtaining the said lnj nnction from
this honorable court, has, AS q director
and president OF said brewing company,
aided by said Charles A Schsefer and J
George FehrenbGch, proceeded to alte
and change the bylaws Of said company
so as to take from your petitioner anC
other stockholders, their vested right
and to enable stockholders holding less
| than one fourth OF the whole number o
shares ia said company to absolutely
manage and control said company agains
the wishes and TO the dstriment OF tn
stock holders holding over three fourth
of said shares Of stock
"And yonr petitioner further represent
that said alleged amendments to said bl
laws take from your petitioner and tab
from other stockholders OF said compAn
without their knowledge or consent, the
vested rights, and that said amendment
are therefore imperative and void.
''Your petitioner as trustee under Oh
will Of the said John Fshrenbaoh an
the said John HRrtmsnn. beiuR require
by the law as administered by tn
honorable court to faithfully execute h
trusts under said willie, ard fully dii
charge It's duty in regard to same. II
spsctfully prays:
THAT at the annual meeting to b
held on the last Thursday Of July, A. d
1895, It may be allowed to vote for dl
rectors and a general msnsger Of sal
company under the provisions Of the By
laws, Exhibit ID, ~ ths same existe
aud were in force at the time said injunl
tion was issued and further that a
amendments or alterations 10 said by
laws, Exhibit I'd, made sluce said In
junction Issued snail bs declared inopsr
alive and void
Attached TO the petition WAS the dep
sition Of William r Brinckle, vic
! president OF the Security Trust and Sai
Deposit Company, certifying to Il
truthfulness OF the facts above set fortl
also dispositions rnade by MsTssTssh
Fsbrsnbhch, widow Of John Fehrenbscl
holder Of 1S0 shares as guardian and Il
shares as beneficiary; EmuR l. Agar
Que of the benehciarios and owner OF *
shares; Charles Fehrenbaoh, owner
146 shares; and Thomas Reardon, own'
OF thirty shares, praying the chanoelll
, to prevent the carrying out OF the pla
OF those who amended the bylaws.
Willard salisbury, Jr made q vigo
GUS fight against the granting OF the pl
tition. After hearing n lengthy argu
ment the chancellor made an order thl
under the circumstances the annu
meeting TO be hold on July 10 should
! ! adjourned without transaoting any 9th
; business, and that 1t stand adjourn
/ until the final determination OF the sui
The solicitors on each side assented
. this.
The Security Trust and Safe Depos
. Company has been prosecuting procees
ings for the dissolution OF the prellmar
/ injunction obtained by Hartmann and &
I others allied against It. They are nc
J discontinued, and the question will cor
/ up on the main issue involved In the b
and answer. The Chancellor will hx q
time when next he sits In Wilmington.
Hanna stnI In Bed.
q William Hanna, the Sixth ward 81
o.. - L.