Daily capital journal. (Salem, Or.) 1896-1899, 1898-10-31
BINGHAM EFT AL. KNOCKED OUT

The SUIT OF Bingham and Davis foi
an injunction and recelyershlI
against THE CAPITAL JOURNAL wa'
heard before Judge Boise at a. m. or
afldavIts OF the plaintiffs seeking u
stop the execution OF judgment fol
sl,0i5.49 obtained agairst THE CAPI'
TAIL JOURNAL 20. by Hotter Bros Ia
judge BurnetL's court foi wages due
them.
Bingham and DaTis appeared
through their attorney, John A. Car
son. aud Hofer Bros. we're represented
by VIM. II. Holmes and D.C,Sherman
Mr.. Carson stated 10 the court that
this special action at am. was begun
TO get first, an Injunction TO restrain
an execution that was TO take effect
at 10 O'Clock today.
The second branch OF the suit was
TO secure the appointment OF a
receiver. An aiiidaYlt was read fromMr.
Bingham claiming that the Judgment
was obtained In default, that none Of
the officers OF THE JOURNAL would
defend against the suit.
That the claim for wages was In
valid, the defendants had no claim at
law, as 10 was not founded on any
contract entered OF record on the
books OF the corporation. This Mr
Carson called 10 tbe especial attention
OF the court. The reply OF defendants
was that Bingham and Davis had pro
cured their stock for political pur.
poses and not for a valid consldera-
LiOn. This he claimed cut no figure
and was not 20 be considered. He
charged that Hofer Bros. had con-
splred 70 wreck the corporation, and
20 fraudulently and unlawfully get
control or the entire property.
Mr.. Carson concluded his reYlew OF
the case for plaintiffs and concluded
with demand that unless restrained
from further prosecution, A. Il. Hofer
would take Judgment.
lie dwelt especially on the clause
OF their petition alleging that for
mercenary purposes IIofer Bros. had
changed the policies OF THE CAPITAL
JOURNAL. For yeats they had pub.
lished II In the interest OF the Repub-
lican party. This was denied. They
had changed the paper TO advocacy OF
free silver and other false and chin
erical ideas.
Judge Boise asked II plaintiffs had
not had knowledge that defendants
had Judgment aud would take execu.
tlon.
He said they were In court when
judgment was taken, but had no idea
that Hofer Bros. would proceed TO put
IL into judgment.
Mr.. Carson read authorities assert
lng the rights OF minority stockhold-
ers. Any scheme 10 freeze out a min
ority stockholder should ts frowned
upon by the courts.
TALKED AGAINST TIME.
The majority stockholders were 10 |
the saddle aud were riding the minor.
ity With whip and spur. IL this iudg-
ment was executed the corporation was
ins0lyent. They would not ask the
court TO hastily appoint a receiver.
Thsy would ask an iujunctlon 10 re-
strain this sale which would exhaust
all the assets. Mr.. Bingham had
found case that exactly fits this
case. lie would not read IL 10 full.
but would leave II for the court 10
consider. After the plaintiffs had
absorbed all the earnings OF this cor
poratIon, they had gone farther aud
taken a Judgment aeiast the company
aud would subject the stockholders 70
still greater expenditures.
Mr. Carson DOW picked upI
volume after volume ~ re-
cases handei him 10y Mr.
aud read and commented,
Mr.. Bingham occasionally helping
hlm 10 fellcitous Thought. He
was talking 20 kill time aud seemed 90
want 10 consume all the tlme until
10 a. M, and not give che court a
,hance % act or consider the matter
before the sale would take place at 10
s'clock.
MAJOR SHERMAN TALKS.
ID. q. Sherman now reviewed the
ase for H0fer Bros. They had been
q control OF The CAPITAL JouRNALI
or ten years, aud not until few I
aonths ago had their management
yer been called la question by any
lock holder, and not then until
laintiifs bingham & Davis
ecame alleged stockholders.
He showed that 10 was agreed that
:. n, Hofer and ~ Hofer should each :
'celYe asa week as wages Ia conduct !