The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-08

on the 9th day of July, 1899, caused a
meeting of the stockholders of the de-
PENDANT company to be held, at which
an adjournment was taken until the
2Sth day of July, at which said last
meeting the defendant Hepburn voted
$50 shares, the defendant Doherty $50
shares, the defendant Clendenning $50
shares, the defendant Edwards 100
shares and the defendant Sweeny 607 $50
shares of the stock of said company.
THAT said stock voted by the de-
PENDANTS Hepburn, Clendenning, Good
speed, Edwards and Doherty was SIM
ply given to them by the defendants
Clark & Sweeny for the purpose of
qualifying them to act as trustees of
the defendant company, and that said
stock is in reality now and was at all
times herein mentioned the properly
of the defendants Clark & Sweeny.
The defendants Clark & Sweeny
caused to be adopted resolution recit-
ing that there was an Indebtedness
against the defendant company of $76,-
600, and that new plant and other
machinery of the value of $4,000 was
necessary FOR the successful operation
of the defendant company's business.
That at said time it was claimed that
said indebtedness of $4,000 was owing
to the Exchange National bank of the
city of Spokane, of which bank the de-
PENDANTS Clark & Sweeny were the own
ers of more than majority of the cap
ital stock; and the plaintiff alleges, up
on information and belief, that said re-
cital Of such indebtedness was false
ard fraudulent, and was part and par
eel of the unlawful conspiracy of the
defendants Clark & Sweeny to defraud
and injure the plaintiff and other stock
holders of the defendant corporation
Similarly situated, and with the ulti-
mate purpose upon their part of bank
rupting the defendant corporation and
compelling the stockholders to sell their
defendants Clark & Sweeny saw fit to
offer therefor, either in person or
through the medium of some other cor
poration.'
After describing the alleged sale as
noted above, the complaint continues
that the trustees adopted a motion on
the Gath Of August directing the secre-
tary to publish a notice calling for a
meeting of the stockholders of the de-
PENDANT company to be held Sept. 26,
1899, for the purpose of considering and
acting upon a motion to disincorporate
the defendant company and to wind up
its affairs according to law, falsely as
signing as reasons therefor that the
company had sold all of it's property,
and the financial condition of the COM
pany was such as to make it impossible
to operate its property and avoid suit
and embarrassment. and that for those
reasons there was, therefore, no longer
any reason for the company continuing
its corporate existence
THE meeting called for the 26th of
September was subsequently adjourned
to Oct. at 4 p. m.
" For which reasons the plaintiff al
leges the proceedings on behalf and in
the name of the defendant corporation
to be entirely void and fraudulent
THE plaintiff further alleges that al
though the Buffalo Hump Mining COM
pany owns no other property than the
property of the defendant company,
pretended to be conveyed to it, as afore-
said, by the unlawful acts of the de-
PENDANT, and although it is incorporated
but for the par value of 100000 shares
at 81 per share, it's stock is already
selling upon the markets of New York
and other commercial centers at 81 per
share.
THE plaintiff, according to his state
ment, is the owner of 10000 shares Of
the Tiger and Poorman company and
brings his action on behalf of himself
and all other stockholders similarly sit
uated who will contribute to the ex-
pense of the action.
In his prayer he asks for a perma-
nent injunction to restrain the defend
ants from pretending to hold any meet
ing on behalf Of the defendant company
for winding up its affairs or from max
ing any further transfer of the property
of the company
"1nasmuch as the Buffalo Hump COM
pany has no agent in Washington, the
complainant states he can not ask for
the cancellation of the pretended sale.
Charles Sweeny was seen by a
Chronicle reporter this afternoon and
said:
I'VE have been served with no pa
pers in the case, and l was not aware
that suit had been brought Until I
know what the suit is alleged to be
based upon l have no statement to
make in regard to the matter, further
than it is absolutely without founda-
ton. The Buffalo Hump Mining COM
pany, which Mr.. Clark and myself rep
resent, purchased the Tiger-Poorman
mine, paying therefor $25O,O0O and as
suming the debts, amounting to SCI. OOO
which we have paid, making the mine
cost us $3l1, 900. We are now developing
and operating it at an expense of s22,-
900 per month.
"a meeting has been called to-day
of the stockholders in the Tiger-Poor-
man Mining company for the purpose
OF closing up the affairs of that COM
pany One of the stockholders in that
company is John F. Forbis, who owns
but few shares out of a total of
100000 We have understood that he
contemplated attempting to prevent the
dsincorporation of the company, but
he has no cause for complaint, and the
suit is frivolous. This is all l can say
in regard to the matter at the present
iT1a T In moi Er,N -l,,t