Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-02-14
Partial Reply in Chancery Pro
seedlings Brought by Senator
Proctor and E. R. Morse.
SAY BOOKS SHOW NOTHING.
orators Could Not Find what they
Seck-Trcasurer Parsons Ayers au
Effort on Their Fart TO Acquire
Possession of the Rutland
Paper.

Rutland, Feb. S.-Frank II. Parsons,
treasure, and Herbert Il. Barney
clerk Of the Herald and Globe associa-
ton late this afternoon filed partial
answers IN tho chancerv proceedings
brought by Senator Relheld Proctor
and Edward r. Morse, treasurer of the
Vermont Marble company praying for
permission. as minority stockholders,
to examine the books Of the Herald as
ISOLATION. Mr.. Parsons admits that
since February -, 1905, he has been
treasurer of the association and that
section s. of the bylaws, which relates
to his duties Is rs follows:
THE treasurer shall keep books Of
accounts and handle the funds of the
company subject to the direction of the
president and board OF directors and
shall generally perform such duties as
NAV be assigned to him by the presi-
dent of the board"
ACTED ACCORDING TO BYLAWS.
He admits that he was called on by
tho orators December 20 last when he
had all the books of the corporation in
his possession and also had the annual
reports Of the corporation for the last
four wears and that he refused the or
ators' request TO examine tho books
but denies that he claimed or gave as a
reason therefor that he so acted under
tho orders OF p. w. Clement, the prin-
ripal defendant in the suit. but AYERS
that he then Informed the orators that
such refusal was based wholly upon
the bylaw in question and that such
was the fact.
Treasurer Parsons further AYERS that u
the orators arc permitted to Inspect the
books of account and annual reports OF
the corporation now in Parsons hands
such inspection would not enable th'
orators to make any specification what
ever of the various items and thing:
wherein and whereby Defendant Gle
ment has. as recited in the bill OF com
plant. subverted the property of the cor
poration and the newspaper published b.
IL to his own personal use; and the de
fendant AYERS that he has no knowledge
DOESN'T KNOW PURPOSE.
Further answering, Mr.. Parsons says
that as to whether or not the purpos
~ the orators was TO ascertain the tru
financial standing of the Herald an
whether there had been anything charge
by or paid to the Herald for newspaper
alleged TO have been sent out free o
charge by Clement and whether Gle
nent or anyone else had ever paid AIDE
ouate rent for Offices in the Heral
building. the defendant knows not.
Defendant Parsou has no knowledg
from the orators as TO whether or nc
their purpose in examining the BOOK
was To learn the manner in which the
were kept and tho business the corpora
ton was doing except as set forth j
1i.l n
sufricIenc on which to form an opinio
aod therefore denies the same, averrin
that the orators were not actuated b
the pu,rose they allege but that the
motive in inspecting the books wa
either founded on idle curiosity or to oN
tain inform alton as to the business a
fairs OF the corporation TO be used ft
purposes det rimental to the business an
TO Stir UP strife and dissention anon
the stockholders and to enable the ore
tors to acquire possession OF said new!
paper
DENIES RIGHT TO SEE BOOKS.
The defendant denies the right OF II
orators In this proceeding, and especia
" at this stage thereof. to an examine
ton OF the books and AYERS that befo
the same should be ordered by Il
chancery court the court should asce
tain, by hearing upon the facts, or
reference to a master, evidence whiC
the defendant wishes to introduce.
The partial answer of Clerk II. r. Ba
ney Is in substance like that OF Mr.. Pa
sons He denies that the time Orat
Morse visited his office he told Nor
that Defendant Clement had taken {
the records TO Mr.. Clements house.
AYERS that the annual meeting OF Z
Herald & Globe association, under Il
bylaws, will he held this month and tn
at the time the orators will be permtte
so far as Defendant Barney is concerne
TO have fun opportunity to examine I
records.