The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-11-19
MUST OPEN
THE BOOKS,
MandamuS Granted to
Compel Addicks to Pro.
duCe Gas C0mpany's
Books.


Content and Company, the New York
Stock Brothers, have beat the Bay
State Gas Company and j. Edward
Addicks and obtained peremptory
writ of mandamus. compe Hing the
Bay State Gas Company to keep open
Nor the inspection Of the stockholders
. book containing a record Of the
original and duplicate issues and
transfers of stock. The con GLIDING
argument was made yesterday after
noon and lasted until dark.
Content and Company who are en-
tsasive holders of Bay State gasstock
were represented by Herbert r. Lin.
burger of New York and Anthony
Higgins of this city, who appreciate
the distinction they have gained OF
being the first attorneys to secure
Judgment against the gas company
and Mr.. Addicks. Herbert Ii. Ward
and Walter II. Hayes, whorepresent-
, ed the defendants in the case, are
not satisfied with the decision of the
! court aud noted exceptions that they
may take The case to the Supreme
Court of the state on a writ Of error.
Argument was also made yestcr.
day afternoon on tie application of
Content & Company for peremptory
| writ of mandamus tocompel the Bay
State Gas Company, J. Edward Ad-
dicks, president; William II. Miller,
! Treasurer: and john +. Donoho, sec.
rotary of the said company, to com.
: pei them to make and file with The
secretary of state certificate stat
ing the amount of the instruments or
cash calls of capital stock otcom pany
either paid in cash or'by the purchase
of property. No decision was given
! in this case but Messrs Higgins and
Limburgef were given leave to amend
their petition 50 that the court can
be requested to order TIE Bay State
Gas Company and Mr.. AddickS to
cause such certificates as required by
law to be filed.
In deciding many of the points in
VOWED the Judges sitting in this case
made scye.al far reaching lnlcrprcta-
lions of the law, the most important
being that which rings under the
| provisions and processes of the gen.
eral Incorporation act passed IN 1899
F.! and amended in March of the pres.
! ent year, all companies chartered in
this state, previous to thecnactment
of the general Incorporation law. 1T
was following this decision OF the
| Judges that Content X Company were
| granted the writ Of mandamuS pray.
ed for, on the ground that the Bay
State Gas Company had not complied
with the provision of that lawrequir.
ING them to keep their stock ledger
open for inspection Of stockholders
| in Delaware.
BY an application Of the same in.
depreciation other corporations char.
tered in this state but failing tokecp
open and accessible in Delaware Il
record o. original and duplicate Stock
transfers. can lie compelled TO pain
tain such books for inspection by
stockholders.
Both petitions of Content \ Com.
| pany set forth their difficulties in OBJ
taiuing Information regarding the is.
sue aud transfers 0! the Bay state
Gas Company. They cite that they
/ are extensive holders Of the gas stock
but it has steadily declined in value.
"N'our petitioners further aIIege,
! the petition continues, "lhai The at
fairs of the Bay State Gas Cunp any
have been grossly miSmanaged and
| that the present management IS
| either not dcSirOus O! advancing the
! interests of the stockholders or is in
capable of acting in aproper manner
to doso." Among other things Con
tent X Company say they desire &c
eNal.inc the books aud records TO as
certain what the assets Of the Bay
state Gas Company are and what has
become Of moneys received by the Of.
cerS Of the corporation for the issue
Of It's capital stock
The Metropolitan Trust Company
Of New York, was registrar for Bay
state Gas stock in that state and OH
NAV -, 1901. Gonteno n Company
had 100, 80 shares Of the stock to
! their credit, in the possession OF tie
trust company, but the latter rcfuS-
ed to pcrmi, ali agent 70! Content y
| Company to have a list Of the Stock
| holders Of the gas company. and in.
formed the agent that all tie books
had been turned over to W. II. Mill
Ter. treasurer of the Bay State con.
Germ Then Walter Content, Of Con.
,.,,l l.,l,s = 1-