The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-12
FOR A WRIT OF CUSTER
YELLOWSTONE PARK ASSOCIATION
DIRECTORS MOST INTERESTED
Question of the Legality of the
Election of James H. Dean, Dan.
lei 9. Lamont and H. p. Upham at
Issue-R. e. Perry, F.. Dtehm and
c. e. Gibson Ask That Their EIec-
ton BE Declared Void.

Issue-R. e. Perry, F. Diehm and
c. e. Gibson Ask That Their Elec-
ton BE Declared Void.
Judge Brill yesterday issued a writ
by r. E. Perry, F. Diehm and c. E.
Gibson, under the title of the State
of Minnesota ex rel H. W. Childs, at
torney general, and R. e. Perry, F.
Diehm and G. E. Gibson, against James
II. Dean, Daniel S. Lamont and H. p.
Upham. The respondents are directors
OF the Yellowstone Park association,
holding their offices illegally.
The writ is54made returnable at a
SPECIAL term of the district court
The application for the writ sets up
that April Is, 1886, c. Gibson, Nelson
Thral and John G. Bullitt formed the
Yellowstone Park & association. Shares
OF stock to the number of 5000 were
issued at 500 leach.
In october, $780, the stock was in
creased to 5000 shares, and on Dec.
20, 1897. at the annual meeting the
shares issued ands outstanding were
5,213. held by the following:
Northern Pacific Railway company,
1880; c. S. Mellen, 10; Daniel S. La
mont, 10; ]. H.. Dean, 10; Charles Glib
SO1A, II. e.. ".
100; j. M. Robb, 49, F. Diehm, 5; w. R.
Gibson, %; estates,ef J. D. Perry, so;
M. j., G. S., D.aF and J. T. Davis, 200:
G. B. Wright, 200; q. c. Hopkins, II;
estate Of w. s. Mellen, 1.
Prior to 1893 the Northern Pacific
Railroad company purchased more
than $500 shares Of the stock, and
prior to this date the Northern Pa
c1fic Railroad company executed three
mortgages covering all It's railway and
other property, including the stock of
the Yellowstone Park company.
This stock was taken possession Of
by the receivers afterward appointed,
and the property sold at public auction
to the Northern Pacific Railway COM
pany. That the company claimed the
right to purchase, and now claims the
right to hold the same under this SALE
AT the annual meeting of the Y elbow
stone Park association held Dec. 20.
1897, the stockholders divided into two
factions. The Northern Pacific Rail-
way company and sMellen, lamont and
Dean holding 1920 shares, and the
other stockholders 655 shares.
1t was claimed by the individual
stockholders at the meeting that the
Northern Pacific Railway company had
no legal right to hold the stock in its
name, but the stock was voted, and
j.. H. Dean, H. P. Uphaln and C. S.
Mellen elected directors against r. 3.
Perry, F. Diehm and G. e. Gibson, who
represented the individual stockhold-
ers. ~
Jan. 10, 1898, Mellen resigned from
the board of directors, and the vacancy
was filled by the election Of Daniel 8.
Lamont.
The application further sets up that
the owning, holding and controlling of
1890 shares Of the stock by the North
Pacific ;e,
lawful. That the Northern Pacific
Railroad company had no right to
mortgage the stock, and consequently
the Northern Pacific Railway company
has no right to hold or control the
stock.
The pretended election Of the direct
ors mentioned is asked to be declared
void and Of no effect, and writ of
custer Is asked for to exclude Directors
Dean, Lamont and Upham, and place
r. E. Perry, F. Diehm and G.. E. Glib
son in possession Of such offices.