Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-02-03
BAY STATE BOBS UP AGAIN
Two More Applications for a Receiver
Filed With Court Clerk Smith.
WHAT THE PETITIONERS ALLEGE
Mismanagement by the Com
pany's Officers.
MR.. ADDIOXS AND OTHERS CHARGED

Two EullA were eHbBfbH IHuIdlhJ
afternoon in the United States Court
Ia this city against the Bay State Gas
Co., the complainants in each case
praying for appointment OF receivers
and an Investigation of tho affairs of
the company. Tho first suit was entered
by Anthony Higgins aud John G.John-
aon, the latter of Philadelphia, repre-
suutiug JameH Il. Weir ard James l}.
Wier, Jr., of New York, on behalf Of
themselves and other Stockholders, a
bill of equity being filed against the
Bay State Gas Co, John Edward Ad-
dicks, John H. Bateman, j. Frank
Alleo, Newell Bail and Caleb H. Layton.
Subp,nnas we're issued for Addicks,
Alice, Batemau, Ball and Layton and
were served Thursday night and Friday
ths defendants teing summoned to ap-
near in the United States Court here
ut 10 o'clock. a, M, On March 18th.
The second suit WINS entered by }. ii.
IIpfTacker, .Ir., uf this city and ban-
iamin Il. Tower Of Boston, Mass, rem
resenting Godfrey Morse and Geoigis
j.. Morse, executors, Nc, and is against
the Bay State Gas Co. The allegations
and prayers, are, in the main, similar
10 those in the Weir suit. Receiyership
and Investigation is asked for
The PRAYERS, in tho Weir suit, con-
tain the following:
''The appointment OF receiver to
take charge of the assets, hooks. papers
and accounts Of the cornuration de-
PENDANT, to administer aud to distribute
its assets, and under the direction of
the court to eudeavor TO collect such of
it's moneys and other sssetH .as have
been disposed OF fraudulentiy, illegally
or without consideration.
''Discovery by the corporation de-
PENDANT, by said John Edward AID
dicks, and by all persons in collusion
with him, of the financial situation OF
the corporation defendant; of the ad-
ninisrration by said corporation dc.
PENDANT, 10 the past OF its affairs; and
of the moneys and assets OF the com.
many appropriated to his and their
henetit, frauduently and Improperly, by
said John Edward Addicks and by
those 10 collusion with him.
discovery, inter ALA, of the follow
ing particulars:
II. or the authority for the issuance
of all shares Of stock by the corporation
defendant, in excesH Of the origina
ssue of 100, 600 shares
80. OF the persons TO whom salt
shares we're issued of the facts con
nected with said issuance; OF tht
amounts received for said issue; OF TIT
neraons who paid the same; of the per
sons in whose names the shares nov
stand; and of the names Of all inter
voning holders.
.t3 OF the numbers and amounts o
all income bonds OF the corporation de
-. PENDANT which have been by it re
Hdeemed, together with detail of tn
HH'times of such redemption. OF tn
amounts paid and Of the persons VIII
nv received such payments
81 "a. OF tho extent of the interest
w direct or indirect, of said John Edwar'
~ Addieks, in any bonds thus redeemed
III by the corporation defendant.
"5, OF all amounts directly or in
directly received from the corporation
defendant by eaid John Edward Ad
dicks since its organization and of tn
consideration for such amonnte re
Geived by him.
&c OF all contracts entered into wit
any person or persons for the purchas
from the corporation defendant of II
shares of stock, and OF the extent c
the interests, il any, of the said doh
Edward Addicks, in said contracts,
~. OF the stock ledger and stoc
transfer books OF the corporation an
of the names Of the present stocl
holders and of tho amounts of the
respective holdings.
80. OF the account hooks OF tine COR
pany showing its receipts and expend
lures since its creation.
80 OF all the assets and propert
now belonging to the corporation d.
PENDANT.
The complainants further allegs,
great detail fraud and mlsmanagemei
in the Gompany's affairs. Also, tn
repeated attempts to secure informatit
from the cumpany's officers met vii
failure.
Among ether things prayed for is {
order restraining the company az
John Edward AddiGks from selling
transferring the money or property
the company or removing the san
from Delaware, except under order
the court
A lso, decree ordering the dissol
ton of the company and the distrib
tion OF its assets. under the order al
direction of the court.
The Wiers allege determined i
tempt by James B. Weir, Jr., TO iii
Addicks at the Office Of the company
Wilmington. lie found there a mi
namoti George Il. Roberts, who said
was a clerk in the employ of the COT
pany, but that no business OF the col
many WAS transanlbn Jnere, IL uel
merely place for stockholders' met
ings, all business Of tho company bel
conducted in the Harrison Buildin
Philadelphia.
On January Sd, Mr.. Weir called at t
Harrison Building, but found no oil
marked Bay State Gas Co., althou
he found MIR. Addicks' Office.
ms called upon Addicks and stated
business, but Addicks refused to 81
"a any information. upon the pretext II
f8 he was unwilling to do so whila
'H stenographer was present, without h'
"a ing his counsel there. lie made
appointment with Addicks for Janus
4 10th, which the latter failed to geI
N In conclusion hs alleges:
M "Any application to the cornorati
itBelf would be futile; that the oil
person from whom relief could be {
tanned would be the said Addicks; IL
frauds which have been perpetrated
the corporation have been frauds .
Fl N petrated by said Addicks for his o
{s benefit; and that no redress can
N knade within the corporation, in
rs WAY vi legal proceedings against
v said AddiGks, By reason of the frav
6,S By which have been petpetrated by b
Il .sss upon the corporation. Any applicat
\ " To the directorH would result in moth
but delay. They wouh do moth
;taaid Addiclss would not permit. "
y Other similar declarations arc ma
g}A and the complaiDants say the amo