The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-08
Savings Branch
in Election
Throe.
BROWN STILL
HOLDS THE FORT
Mandamus Proceedings to be
Brought Today by MacfarIane-
Summers Claimants.

The fight over the control of the
American Savings and Trust Co. will
reach a climax in the courts today,
when an application will be made by
w. T. Summers, representing the par
ties out of control, for mandamus TO
compel review of the proceedings at
Saturdays meeting.
At the meeting of the stockholders
on Saturday at two o'clock. Cecil
Brown, the president, was in the chair.
and nearly all of the stockholders were
present in person or by proxy. There
was no election of directors, according
to the Brown faction, who claimed that
the old board remained, neither side
having a majority. The Summers Mac
farlane side claimed 1899 votes for the
directors elected at their meeting Of
November 20th, Saturdays voting being
simply confirmatory of their former
action. Both sides claim the victory,
the Summers faction holding that ti.ey
had a majority of the stock of the cor
poration, the Brown side claiming the
directors elected a year ago still hold
and that proxies for fifty-three shares
voted by Summers and Magoon were
not in proper form and valid.
When Cecil Brown called the meeting
to order there was a protest against
holding it, the Summers stockholders
contending that the directors had al
ready been elected at meeting held
November goth, the other side having
failed to get quorum last July. Chair
test, but received it for fling. Roll
call was then ordered, the names of
the Summers stockholders being first
called, showing 1899 votes in proxies
and in person, thelmost of the proxies
being held by mainland parties. Mr..
Brown as chairman ruled out thirty
three shares in the name of the G. p.
Huntingdon Estate, and represented by
MI 9uDlIiiSiS anu lMNnly bC-
longing to r. B. Banning and voted by
J. A Magoon, holding that the proxies
were not in the proper form. The pro-
test of Magoon was overruled by the
chair The roll call showed Brown to
have 1147 shares, while, with the proxies
ruled out, Summers had 1916, five short
of majority.
The election of directors then pro-
ceeded the old board being placed in
by the Brown party, while
Summers nominated the directors elect
ed at the meeting of November goth.
The result stood 1246 to 1147 in favor
of Summers, 1851 being required to
elect, and two proxies having been.
thrown out by the chair. Mr.. Brown
ruled that there was no election. TO
which protest was entered. but not al
lowed. Attorney Dillon for Summers
then moved to adjourn until next
Thursday, but the chair refused to put
this motion or the appeal by Dillon
from the decision of the chair There
upon Mr.. Brown declared the meeting
sine die and left the chair
and the meeting was summariiy ended
It is expected that action by manda-
mus will be brought on-behalf Of Sum-
mers and Macfarlane today in the cir
cult court IN order that the ruling as to
the two proxies thrown out, may be re-
viewed. Mr. Brown claims that the
proxies were clearly not properly drawn
and could not be voted, and as neither
side had majority of all the stock as
required by the bylaws, the old direc-
tors hold over for another year. The
opposing faction say that Browns rul-
ing was arbitrary and Illegal and pro-
pose to have the courts pass upon the
matter.