Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-11-21
MUST KEEP ITS BOOKS OPEN.
Superior Court Renders Important Deci-
sion Against the Bay State Gas Co.


sion Against the Bay State Gas Co.
Under the decision of the Superior
Court Monday afternoon, the Bay
State Gas Co. and j. Edward Ad-
dicks, its president are required to
keep open for inspection OF stock
holders, in an office in Delaware, a
book containing a record of the origi-
nal and duplicate issues and transfers
Of stock. This action was taken on
the petition Of II. Content & Go. of
New York for Inandamus. The New
York firm was represented by Anthony
Higgins of this city and Herbert r.
Limburger of New York, and the ra-
spondents, by Herbert Fl. Ward and
Walter ii. Hayes. The latter will
probably carry the case to the Supreme
Court
One effect of the decision is that all
companies chartered in this State pre-
vious to the enactment OF the General
Corporation Law are brought under the
provisions and processes of that act.
After the mandamus proceedings had
beenbrought. the service was attacked by
Messrs. Ward and Hayes on the ground
that sufficient notice had not been
given Mr.. Addicks That resulted 10 a
continuance OF tbe case, and when it
next came up the service was again
attacked on the ground of insufiiciency,
but the court held that it was sufficient
and granted an alternative writ. Part
OF yesterday'g argument was on a motion
of Messrs. Ward and Hayes to quash
the writ on the ground of insufticiency
IN the allegations and thar Mr.. Ad-
dicks had been improperly Joined as
a party in the litigation. They held
that tina petition should have been di-
rected against the corporation alone.
The court refused their motion.
Argument was then had on n second
suit of II. Content q Co against the
Bay State Gas Co, Mr.. Addicks, Mr..
Miller ard Mr.. Donoho, officers of
the company, on an application for a
writ OF mandamus to compel them to
show cause why they should not be
com elled &c make ard ule certificate
stating the amount of the irstalments
or calls OF tapita stock raid, whether
rnid in cash or by the purchase OF
properly sta ing also tic total amount
OF zap ia stock and commanding
Messrs. Addioks. Miller aud Douoho
to sign aud swear or y iirm tie said Ger.
tificat' and TO file the same immedi-
ately.
Messrs. Ward and Hayes held that no
service had been seo.rPd on MeHsrs
Miller and Donoho and that the com-
pany ahnu d not haze be.n Joined with
the o GERS in the suit. Messrs. Higgins
and Limhurger admitted that they had
no o-serrios On Miller and Donoho. Mr..
iinburger aaidtLat stock which they
had bought in the Bay State Gas Co. that
represented $1,000, 200 when purchased
bad dwind.ed down TO trifie more
than sl00. 0000 in value. The court
held that the petition vas insufficient,
but granted Mr.. Higgins leave to
amend, and he will do so,
Mr.. Hayes then read the return of
the defendants 10 the case, in which it
was admitted that the value OF the
stock OF the Bay State Gas Co. has
diminished and that no dividends
lave heen paid since the compiainants
became stockholders. Mismanagement
Of the company was denied wholly and
Mr.. Addioks denied having possession
Of the books of the concern.
The court ruled that in the first suit
Mr.. Addicks had been properly joined
in the suit. that tine service upon him
as president of the company was suf-
fcient, ana that there was no denial by
'%S Nco P"hyt ouh oh udihtuoiuut bnhb
the books were not in the office of the
company in this State az required by
law and that the office In this State
was closed, which was contrary to law;
therefore, q peremptory writ should be
issued. The forIu of the writ was not
drawn, but the attorneys for the gas
company asked that an exception lie
noted to the ruling, and this was
granted.
lhe trial list Of the November term
OF Superior Court was reviewed Mon
day afternoon and large number of
the l3S cases thereon were marked for
trial. The calendar is to be- prepared
later in the week. The Superior Court
will be opened next Monday.
James W. Ponder WAS recorded as
counsel for the Wilmington & New
CASTLE Railway Co. in..several suits in
which it is party.
In General Sessions Court the grand
Jury ignored the bill charging Alexan-
der U. Jones, colored, with the murder
of John W. Wilmer, colored Jones
had claimed that the wound was acoi-
dentally inflicted by Wilmer himself.
james Clonan was indicted on a
charge of larceny, and James Boyer,
james Lattomus and Thomas Alexander
wer9 indicted for carrying concealed
deadly weapons