Bisbee daily review., 1905-10-11
news Of t1lining, Stocks and f11arkets

A. for the unpaid part of the purchase price of the said "Tigre Suertudo" and "Combinacion" mines, with inter- est on said payments. as set forth in the said deeds of the 18th day of June. 1903, and the 2nd of February, 1904 and the 5th day of January, 1905; that thereupon and by the terms of the con stitution of the said Ensenada Mining Co.,, s. A.. each of the said benefici- aries in the said deed of the 18th day of June, 1903 or their legal represent atives or assigns, as set forth in the said deed of the 5th of January. 1905, received a pto rata share of the en- tire capital stock of said Eensenada Mining Co.,. s. A., equal to the amount of the credit of each one of the said beneficiaries against the said Tigre Mining Co. s. A. for the balance of the unpaid purchase price for the said "Tigre Suertudo" and "Combina- cion" mines. And that three shares of said stock were loaned, one each, to the said B. F. Graham and D. A. Richardson and to Patterson Sprigg, that they might be able to qualify as directors of said corporation: that only a portion of said stockholders at that time knew of the plans of said B. F. Graham to make himself the President and Manager of said En- senada Mining Co.,. s. A. That con temporaneouslv with the formation of the said Society of The Ensenada Mining Co, s. A. and in pursuance of the plan formed by the said B. F. Graham in his own personal inter- ests. or in combination with other parties. unknown to your petitioners to acquire for himself possession and ownership of the said "Tigre Suertu- do" and "Gomhinaciou" mines, the said B. F. Graham obtained from each and all of the said stockholders of the said Ensenada Mining Co.,. s. A. in- cluding your petitioners, a separate written contract of option dated the 2Sth day of June of the year. 1905. or the day succeeding the organization of said corporation: by the terms of which contracts of option the said B. F. Graham acquired the exclusive right to purchase the entire capital stock of the Ensenada Mining O., s. A. at a price exactly corresponding to the balance of the credit of the said beneficiarries against the Tigre Min ing Co.,, s. A. for the unpaid purchase price of said "Tigre Suertudo" and "Combinacion" mines which credits were assigned to the said Ensenada Mining Co.,, s. A. by the said benefici- aries by virtue of the deed of assign ment that was executed on the same day as the deed consti- tuition of the said last named company. We attach hereto a copy of the con- tract of option made between the said B. F. Graham and one of your petition CTS, A. c. Riordon for information as to the substance, tenor and effect of each and all of the said contracts of option which are similar in forms tenor and effect. except as to the num- Der of certificates of the stock men, toned therein, and the slight differ ence in their respective amounts cor responding to the sums due to each of the said beneficiaries as hereinbefore set forth. That all of the certificates of the capital stock of the Ensenada Mining Co.,, s. A. together with the said original contracts of option made by said B. F. Graham to purchase said stock, were thereupon deposited in escrow and are now held under said agreement by the Miners and Mer- chants Bank of Bisbee. Arizona.
 That the evidence of the personal interest and purposes of the said B. F. Graham in procuring the organiza- ton of the Ensenada Mining Co.,, S. A. is the fact that all costs and expenses of the organization of said company, as well as the travelling expenses of it's members, including a special train, were borne and paid by B. F. Graham personally.
 Upon the delivery of sad contracts of option to said bank, there was paid by said B. F. Graham thereon. the to- tai sum of s4S,S64.O0 money of the United States of America, which sum i corresponded with the total amount to be come due from the Tigre Mining Co.,, $. A. to said benehciaries or their legal representatives on the 9th day of July, 1905 on the unpaid pur- , chase price of the said mines.
 ] By way of explanation, as bearing
 upon the conduct of the said B. F.
 Graham in the events hereinafter named, your petitioners state that up to the 5th day of June, 1905, the
 said B. F. Graham had been, since the | organization of the Tigre Mining Co. , s. A., an officer and director of said
 company and the Manager of it's said
 mining properties "Tigre Suertudo'
 and "COmbinacion" mines; that he
 was the actual promoter and organizer
 of the said Tigre Mining Co.,, s. A
 and was thoroughly familiar with it's
 business affairs and with the character
 and value of it's said properties the
 'Tigre Suertudo" and Combination"
 mines and that he resigned his posi-
 tion as an officer and manager of said company and said mines only on the
 5th day of June, 1905
 And your petitioners continuing say that notwithstanding the fact, as your
 petitioners have been informed and
 believe, that the Tigre Mining Co.,. S
 A. aforesaid deposited in the Miners
 and Merchants Bank of Bsbee. Arizo
 na on the 9th day of July of the year 1905, the total sum of S4S,S64.0O gold