Waterbury evening Democrat., 1906-03-08
CAN A. E. RICE VOTE.
Petition for Injunction to Restrain
 His Control of 409 Shares.

His Control of 400 Shares.
 The rumblings which have been heard during the past few days for supremacy in the Apothecaries Hall company, broke out in the district court this morning in the form of another petition for an injunction to restrain A. E. Rice from voting on the 409 shares of stock, the prop erty of Mrs. A. E. Rice, ST. A special meeting of the stockholders was called for this afternoon at 2 o'clock 1, by Mir. Rice who claims to be trustee of the 409 shares of stock, and it was set forth in the application for the injunction that his reasons for calling this meeting was to vote |. P. Kellogg out of the office of treas urer and general manager of the company and vote s. F. Williams in.
 In asking for the injunction Col Onel Burpee, counsel for MT. kel- logg, stated MT. Rice claims he is entitled to vote on the 409 shares and Mir Kellogg claimed he was not. Mr Rice induced three other stock holders to join with him in calling this meeting and they were to elect another board of directors which would elect another set of officers.
 This course, if successful would only result in great confusion and detriment to the affairs of the con- pany Colonel Burpee asked that Levi Wilcox be enjoined from count ing the votes at this meeting or aid in any way the election of another set of officers, under penalty of $5,000 each on MT. Wilcox and MT. Rice.
 Attorney Root, who with Attorney Bronson appeared for MT. Rice and his supporters in the contention, stated that the question was one for the superior court where 1t now is. This seemed to surprise Colonel Burpee. MT. Root said he could pro- duce a certificate from the probate court showing that MT. Rice was legally appointed trustee of the 4O9 shares of stock, that his name IS on the books of the company as trustee of this stock and he is thesefore en- titled to vote on IL.
 Observe the malignity in this action said MT. Root. "Col. Burpee knew last week that this meeting was to be called for this afternoon. He know everything that we were to do and yet he did nothing to at tempt to restrain us until the last minute when he knew we would have no chance to defend ourselves. Is it fair or is it just that this block of 409 shares should be silent at this meeting, that it should have no voice, be unrepresented in fact, or that MT. Kellogg who owns only a small minority of fhe stock should rule the majority? Why this whole matter on the part of Colonel Bur- pee's client is nothing but trickery and jobbery of the worst kind. Now is it fair that we should be tied down by this minor stockholder?
 Tn compliance with the statutes this meeting has been called for this afternoon. MT. Rice called it. He asked other stockholders to call it but they refused to do so." This was a reference to Secretary Wilcox whom it is said is acting with MT. htliOEk. AtlDTHts Noot Settu thio application for an injunction was nothing but a trick and an unfair one. Suppose 1t was done on the Waterbury Brass company? he asked, "Or any other concern in town, how would it be looked at? All those who now ask for this in- junction approved of MT. Rice's ap- pointment as trustee"
 "Oh but there was harmony In the family then" replied Colonel Bur pee.
 We say that Mir. Rice is not en- titled to vote on this stock" he went on.
 I've claim this meeting is H. legal because majority of the stockholders did not call 1t. We say Mir. Rice is not trustee and he has no power to vote, at any meeting Of the company"
 Attorney Root held contrary view and claimed that while Mir. Wilcox is said to be friendly to Mir. Rice's side of the contention he is in reality favoring the other side. He called him the tool by which Colonel Burpee is working the case.
 Colonel Burpee contended that the company had no right to do any bus mess until this. question of Mir. Rice's trusteeship Is definitely set tied.
 Attorney Bronson said that Mir. > Wilcox refused to issue certificate of stock to Mir. Rice. He refused to call the meeting for this afternoon. He refused to do anything MT. Rice's counsel asked him and what was that but trickeTy. He held that 1t was manifestly unfair to ask for an injunction at the last minute and that the ink with which the appli- cation was written was not dry when the document was opened in court, indicating that Colonel Burpee de- layed proceedings to the last moment in order to harrass the majority stockholders.
 Colonel Burpee then asked if an agreement could not be reached to take the matter to the superior court right away.
 aAgreeg" exclaimed Attorney Bronson, "why you know very we'll we cannot agree. that We would not agree on the question of the sun ris- ing. We never can agree. We sug- gest that the case De taken to the superior court immediately. that ws shall adjourn our meeting.
 Colonel Burpee agreed to the case going to the superior court but he voaId insist on getting the iniunc- tion. Mr. Bronson would not con- sent to having the injunction issued without bond at least from Mir. Kel- 1orr. He asked was it fair that Mr. KeIIorg. a very small stockhnider. -A-.fI Aa rna-rnIffed fo ardanrer