Pine Bluff daily graphic., 1907-08-25

/! S200,0 900 in the past two years; that they have violated various contracts and have refused to pay S3,0o0 per .5ear to John f Rutherford for hs services, as contracted; that they re- fuse the plaintiffs access to the books of the companies involved, and the plaintiffs ask for master to ascer-
 tain the profits, # any, and state the
 losses.
 It is further stated that the Bluff
 City Lumber Company has large
 sums Of money deposited with tho
 Third National Bank, the Common
 wealth Trust Company and the Bank
 of Commerce in St. Louis; the Nation
 al Bank of Commerce in Kansas City; and the Merchants and Planters Banh and the Simmons National Bank in this city; that unless prevented by the chancery court, they will with draw the money from these banks and secret them.
 That in their efforts to ruin the plaintiffs, the Yorks have wrongful;y | brought suit against the Citizens
 Light and Transit Company and tn
 Union Furniture Company and the plaintiff, John F. Rutherford, for
 sums aggregating $2,O00, upon notes given by them to the Bluff City Lum-
 Der Company in pursuance of a con. tract between the Bluff City Lumber Company, J. B. York and the plain tiffs, the same to be used by the Bluff City Lumber Company at any time as collateral security. The notes were to be renewed by the debtor comna- nies and the Bluff City Lumber Com pany was not to bring suit for their collection. On August 1, when the notes fell due, the Bluff City Lum- Der Company was to declare {. Gisi- dend, that the debtor companies pay them but that J. B. York and R3he,1 York have refused to permit the com pany to declare a dividend, Ereakin. their contract
 Further the plaintiffs say that, the Bluff City Lumber Company has be
 come enormously rich, and has ec-
 cumulated assets to the value of Sl,- 500,000 while it's liabilities are merely nominal, it's surplus over and above its liabilities and capital stock be- ing in excess of s1,200,000.
 Notwithstanding the fact that the
 bylaws of the company require that i three-fourths of the earnings shall,
 each year, be distributed among it's
 stockholders as dividends, anc not
 withstanding demands have been made
 for a dividend, the Yorks, the plaln-
 tiffs say, refuse to declare a dividend
 and threaten never to declare divi-
 dend for the sole reason that they
 wish to hold their assets and surplus,
 46 per cent of which belongs to pain
 tiffs, and use and control the same for their own use, benefits and az grandizements, and to prevent plain
 tiffs from realizing any benefits from
 their holdings. The main object of the Yorks, the plaintiffs say is to
 get them to sell their holdings in the
 Bluff City Lumber Company for less
 than it's value.
 John F. Rutherford and his wife ask for temporary restraining order.
 enjoining the defendants anu their agents from drawing out of any bank or banks or private Repositories or issuing checks for money belonging to
 the Bluff City Lumber Company. until
 the further orders of the court. That the Bluff City Lumber Company be en-
 joined from prosecuting suits brougdts by it recently against the Citizens Light and Transit Company, the Un- ion Furniture Company or John F. Rutherford.
 That receiver and master be ap- pointed to take charge of the property of the Bluff City Lumber Company to run and operate same under ap- propriate orders of the couI:. while this suit is pending, and to state and account between the Bluff City Lum- Der Company and J. B. and Robert
 York to ascertain how much is due
 from them to the Bluff City Lumber
 Company.
 That a specific performance be re-
 ouired of the contract between the
 Yorks and the plaintiffs, and in ac-
 cordance herewith, the business of
 the Bluff City Lumber Company be wound up, it's affairs liquidated and