Omaha daily bee., 1899-02-07
DOYLE ASKS FOR A RECEIVER
New Phase in the Portland Gold Mining
Company Litigation.
PLAINTIFF WOULD WIND UP THE BUSINESS
Alleges that the Colorado Corpora
tion Has Failed in Every Respect
to Comply with the Laws
of Iowa.

The case OF James A. Doyle against James
f. Burns, president of the Portland Gold
Mining company of Colorado, took another
turn yesterday. Doyle started a new suit
IN the district court, naming the Portland
Gold Mining company, James It. Burns and
Frank G. Peck, president and secretary re-
specttvely Of the company; l.. w. Ross of
this city, managing agent of the company:
James F. Burns, Kate Burns Jennie Burns
M. Annie Peck and Thomas f. Burns as
defendants.
In the petition Doyle asks that all property
pelonslng to the defendant, James f. Burns
and In the possession of any of the defend
ants herein be subjected to the lien OF the
judgment for s717,025 obtained by him in
the district court here last November against
Burns and that the same be sold to satisfy
the Judgment; also that all stock standing
in the name of Kate Burns, Jennie Burns
M. Annie Peck and Thomas F. Burns in the
Portland Gold Mining company be declared
to be the property of James f. Burns. He
alleges that the stock was fraudulently
transferred and issued to the defendants in
fraud OF the rights Of the creditors of James
II. Burns. Further, that all stock standing
In the names of the parties be made sub
! ject to the lien Of the Judgment and sold
| to satisfy the same. Doyle also asks that
| the court order that the defendants be made
to appear and disclose their stock and the
| company be compelled to produce its books.
\ He asks that a receiver be appointed to
wind up the affairs of the company and that
/ the court make an order directing the attor-
ney general of Iowa to institute proceedings
| to forfeit the charter of the Portland Gold
MING company. as 1t has failed, so it is
alleged, to have complied with the laws of
this state under which it is incorporated.
I In support of his request that the charter
of the company be forfeited Doyle alleges
that the company, being an Iowa corpora
tion, is failing to comply with the laws of
| the state In reference to corporations for
pecuniary profit, organized and existing un-
der the laws of the said state of Iowa.
| That the company is avoiding its duties to
| the state Of Iowa and the citizens, thereof
by failing to have any officer or agent or
managing agent in charge Of it's Office in
this state upon whom service of process
can be made within the state of Iowa; fur
ther, that 1t has failed to keep its stock
and transfer books or copies thereof, show
ing the holdings of stock therein within
the state of Iowa, so that they can be eX-
amined by persons interested in matters
connected Herewith as required by the laws
of this state. He further alleges that, in
stead of posting the bylaws Of the com
pany upon the walls of its Office, re-
quired by law, the company keeps the by
laws tied up in bundle with other papers
and hung on the walls of said office, con-
trary to the spirit and the letter of the
law.
In asking for the appointment of a re-
ceiver to wind up the affairs of the COM
pany Doyle alleges " that by reason of the
open, fragrant, long-continued and defiant
violation of the duties imposed upon 1T as 8
domestic corporation by the laws of Iowa, the
Portland Gold Mining company has for
feited all its rights as a corporation under
the laws of Iowa and has forfeited and lost
all right to do any business or act as cor
poration in the state. He prays that the
affairs of the corporation be wound up ano
settled by the court.