The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-03
PEACOCK
WINS POINT
CARVE Was Elected Pres
ident OF Company
illegally.

Judge Lindsay yesterday rendered a
decision in the Peacock quo warranto
case. 1t is found that Alexander Gar
w. C. Peacock & Co., Ltd, is void.
There has been no election of officers
by the corporation since 1899, when w.
c. Peacock was elected president. The
question of proxies at the Illegal cleo
ton of November Is last the court did
not deem necessary to consider 1t
may become bone of contention again
when a legal meeting of the share
holders comes to be held.
Following is the full text of Judge
Lindsay's decision:
THE COURTS OPINION.
This is an application by quo war
ranto by w. c. Peacock against Alex
ander Garvie inquiring by what right
Garvie claims to hold the Office of
president of w. c. Peacock & Co., Ltd,
a Hawaiian corporation.
The facts are substantially as fol-
lows:
Article of the bylaws of the cor
poration provides that all officers shall
be elected at the annual meeting and
that they shall hold office until their
successors are appointed.
Petitioner was elected president on
July 9th, 1899. During the intervening
years between that date and 1905 there
appears to have been no election of
officers at the annual meetings and
petitioner continued to hold and ex-
ercise the duties of the office until the
year 1905.
Article of the bylaws of the COR
poration provides that the, annual
meeting shall be held in Honolulu
each year in the month of July and
that special meetings may be called by
the president, vice president or treas
urer.
The annual meeting of the stock
holders of the corporation in 1906 was
duly called, convened, and held on
July 31st, 1906. At this meeting a mo-
T. Bottomley, seconded by E. S. Cunha
in words as follows, as appears in the
minutes of the company:
Upon motion by Mr. A. w. T. Bot
tomley, seconded by Mr.. E. S. Cunha,
it was voted to adjourn the meeting
subject to notification by the secre-
tary. owing to the fact that the semi
annual reports of the corporation were
not yet ready for presentation to the
shareholders. Motion was carried
unanimously
On September 18th following. the fol-
lowing notice was sent to each of the
stockholders:
Honolulu, Sept. 14th. 1905.
Dear Sir: Please take notice that
the adjourned annual meeting of
shareholders of w. c. Peacock & Co,
Ltd, will be held at the board room
of Messrs. Bishop & Company, on Fri
day, September 18th, 1905, at 200 p. m.
Yours truly,
Per c. S. WEIGHT, Secretary.
Election of officers, and other such
business as may be brought before the
Mr.. Weight testified that he sent out
these notices on nobodys instructions
but that Mr. Bottomley had suggested
that the following day would be an
opportune time to have the annual
Mr.. Peacock, the president of the
corporation, sent to each of the stock
holders the following letter:
Honolulu, Sept. 18th, 1905
ITO the Shareholders of W. c. Pea
cock & Co. Ltd, Honolulu, T. H.
Gentlemen: 1t having been brought
to my notice, that Mr.. A. ". T. Bot
tomley has instructed the secretary of
this corporation to call the adjourned
annual meeting of the corporation in
session at the board room of Messrs
Bishop & Company's bank, at 200 o.
m. today-you are respectfully inform
ed that under the bylaws of the cor
meetings of stockholders can
be legally called only by the president,
while he is available. That l, as pres
dent. have called no meeting for this
date: That without such call there
can be no legal meeting: That I do
not intend to call such meeting until
the auditors report of the business of
the corporation for the six months
ending June Both, 1905, shall be ready
for submission: That this determina-
ton is the result of the direct request
from several of the stockholders, and,
meeting of the stockholders this date,
nor hereafter. until l shall issue a call
for such meeting.
Yours truly
wv. G. Peacock & Co. Ltd.
wv. c. PEACOCK,
president"