The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-30
THAT COMBINATION SUIT
Mr.. Mellor. the Secretary of the
Company, on the Stand.
THE BOOKS AND PAPERS
The Company Once Bought $4,000
Worth OF Government Bonds in Or
der to Avoid Paying Taxes on
That Amount OF Money.

The hearing on the injunction mat
ter in the suit of william Thompson
and others against the Combination
Mining and Milling compand and its
board of directors. IN action to prevent
the sale Of the plaintiffs stock for
non-payment Of an assessment, was
concluded before Judge Lindsay yester-
day. Joseph p. Mellor, who has been
secretary Of the company since 1892,
testified that his office was in st. Louis.
but that he had nothing TO do with the
removal Of the company's books from
Butte TO 81. Louis. The books were
shiuped TO him by J. II. Harper. the
p~reyIous secretary. and since then II
has been generally known to the stock
holders that the books has been in -.
Touis No one has even made a de-
mand on the secretary thai the DOCKS
be returned to Butte. When Nllllan
Thompson was in ST. Louis he present.
"a a demand from certain stockholders
for permission to examine the recorus'
Mr.. FusZ was there at the time IN
structed the secret to show MI.
Thompson the books relating to the
and TO assist him in learning
everything about the corporation. The
witness said there was practically a
duplicate Of the records at Combina-
ton. Mont, but the books at the lat
Ter nlace did not show the expenses OF
the company, office rent, salaries OF or
| hcers, etc.
on crnss-examination the attention or
Mr.. Mellon was called TO the statement
furnished Mr.. Thompson in which ~
| opneared that AT one time the COM
many owned s35. 600 In government
bonds Mr.. Mellor explained that the
bonds were purchased I'm order 70 aVolh
paying taxes on that amount OF money.
They were purchased in st. Louis only
a dav or two before the company was
rpouired to make a return Of It's prop
arty TO the assessor. After h return
had been made and the assessment
dyed. the bonds were sold again, but no
proit was made on them by the COM
many. Mr.. MellOr said he knew notnlhs
about the books Of the company KEPT
at Combination, n that the true con-
aitlon Of the company could only pe
learned from the books kept AT ~
Louis. No annual meeting Of stock
borders has been held in Butte, the
principal place Of business OF the com
pany under the law, since lssZ. Inc
last meeting Of the stockholders wa
held AT Combination on the 18th OF las'
NV There is no record of that meet
inc in This state. The secretary or the
meeting sem the minute 70 the secre'
fary of the at st. Louis. Nc
written or printed statement OF tnt
has been sent 10 lht Sl''N'
borders since Nellor has been secretary
The witness said that the assessment
vas levied on the stock at an al
f,urned meeting Of the board OF trus'
tees. held az st Louis.
The ~afidaviti OF p. II. Dunshee, sup
erfutendeut Of the comDany's mines
was offered In evidence. but was rule'
ont as immate~ial and incompetent
punshee said in his affidavit that j
was impossible 70 mine tine property q.
n profit IT present owing 20 the low
price Of silver. a..
holders that the books ave been IN -
and l.. NJ. Rumsey, two OF the ne
faudants n members or the boaTd %
trustees. were also offered IN cNlu'h-'
but were also ruled out as incoinpetrii
ard immaterial. They alleged IN th'l
affdavits that they were present q
} tre meeting In ST. Louis when the as
? srssment was evied on the STOCK OF "
; nj The latter was considerah'
in debt at the time and creditors WI
, rressipr Something had to be don
"a ,ftsr considerable discussion II wa
deemed advisable 10 make an assess
) ~e,t and a resolution for that purpos
; vras introduced and adopted In goo
p ggftb II the assessment had not bee
made n would have become necessar.
e 90 sell the property in order TO pa
Z The debts. as the company had no re
+, sources and il was not operating II
: mines. a.
conclusion OF the testimony. and IN
c,t,rt took the matter under adv1sefnen
decision win probably be given tc