The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1905-11-08
MlLLIKEN PARTY
AGAIN ENJOINED
New Board Of Directors
Was Not Elected.
ADJOURNED TO NOV. 16.
The Restraining Order Was Signed by
Judge Klugh on Petition of
OBJ. Simmons and Others.

Stockholder, set for last Thursday by
the Millken party and allied interests.
for the purpose of electing a board of
directors to manage the affairs of the
Mill for the present fiscalyear an order
was signed by Judge j. c. Klugh on
petition of o. B. Simmons, r. B. Bell
and John A. Madden, local shareholders,
enjoining the holding of the meeting or
any other such stockholders meeting
having for its object the election of di-
rectors of the said Laurens Cotton
Mills.
The complaint and order were filed
IN the office of the Clerk Of Court and
copies were served on N b. Dial and j.
o. G. Fleming, local Defendants named
in the instrument, and on the Cleve-
lands and members of the Milliken
party at Spartanburg the day before
the contemplated meeting.
However, meeting was held, but it
did nothing but adjourn until Thursday
Nov. 10th. Five stockholders repre-
senting about 100 shares of stock at
tended the meeting. They were DR.. II.
K. Aiken, w. r. Richey, DR.. A. j.
Christopher, A. C. Todd and Col. George
Johnstone of Newberry. DR.. Aiken
presided over the meeting and DR..
Christopher acted as secretary. Messrs
Johnstone, Christopher and Todd were
appointed a committee on proxies.
The motion to adjourn the meeting to
the 10th inst. was made by A. G.. Todd
and was adopted after being opposed by
Col. Johnstone, on the grounds that a
minority meeting could not be adjourn
ed, naming q day.
The next step in this great contest
followed two days later when ATTORNEYS
representing the Mlliken interests serv-
ed notice on counsel for President Lucas
that a motion to dissolve Judge Klugh's
injunction will be argued before Judge
Mcmminger at Saluda Monday Nov. l3.
The motion to dissolve is based on nu-
merous aflidavits and upon the whole
record of the case.
The Defendants named in the peti..
tion of Messrs Simmons, Bell and Mad.
den are Messrs N. b. Dial, j. O. c..
Fleming and the other signers to the
call for the stockholders meeting, and
the Laurens Cotton Mills, additionally.
The petition for the injunction sets
forth that the present board of direc-
tors was duly and legally elected at a
regular annual meeting of the company
and can not be displaced until the next
regular election. 1t shows that three
OF the defendants namedwere formerly
directors and after the election of the
present board they retired from Office
and made no claim to continue, thereby
conceding the legality of the election.
1t is declared that the mills are pros
porous, their organization complete and
the help satisfied and sufficient. all of
which is to the advantage of all the
stockholders. The earnings of the mill
since the last annual meeting are said
to have been $4,000. This condition of
quiet and prosperity, it is claimed,
should not be disturbed.
On the question of the selling agency
ana the commission allowed, which is
alleged to be the primary cause of the
motion to displace the Lucas monaoo.
ment, 1T is set forth that the mill is
no" under contract with Stevens &
Co., of New York, to sell the products
Oh the mil upon q commission of 2 per
cent, with the right reserved to the
mil! to make sales direct to customers
when advisable. Under the former
contract with Deering, Millken & Co..
Vhe commission charged the mill was
per cent. 1t is charged that the de-
PENDANTS, with tho purpose of restoring,
thc agency 10 Dcering, Milliken g. Co..
to the loss of the stockholders have ON.
tered INTO an unlawful conspiracy to
dsplace the present management. In
'ne pursuance of such conspiracy, it is
alleged, the defendants hired for tbo
meeting called for last Thursday prox-
les of stockholders, paying $25 per
snare FOR the use of some of these.
III is claimed that thcconfuson which
would result from the contention be-
tween two boards of directors for con.
troll of the property and to the uncer-.
tainty as to which had authority, would
lWurc the credit of the mills, disorpan-.
lZe the M nd possibly irreparablv
damage ucrests of the stockhold..
ers.
The plaintiffs in this proceeding we're
not parties to the Injunction which
stopped the Milliken stock from par
ticlpating in the proceedings of the am.
nual meeting. Against the parties to
that proceeding the Federal courfs
nave issued an injunction against in.
terfering with the Millken interests
holding meeting or taking otbo,
course. The present Injunction bv
Judge klugh was issued upon an entirelv
new petition, without any relation to
the former suit and ON behalf of par.
ties not named in the other case.