Pine Bluff daily graphic., 1907-08-29

The defendants also declare that Robert York is not incompetent They say he does not have full control of the company's affairs, that J. B. York, his father, has full knowledge of his every act; that he is a lumberman Of many years experience and that he assists largely in the managemnu of the companys affairs. They deny that they have any hatred or ill feeling against the plaintiffs, but that they bear nothing but the kindlies feelings for Mr, and Mrs. Rutherford. The petition and charges of the plaintiffs was denied almost in toto in the an- sWer of the defendants
 It was further stated by the defend ants that an agreement had been en- tered into by Robert York, J. B. York and John F. Rutherford that they would devote all of their time to the interests of the Bluff City Lumber Company. They alleged that the plain tiff, John F. Rutherford, has not done this, but has been devoting his time to the Citizens Light and Transit Company, and that they thought it only fair that that company should pay his salary. The salary of each of these three men was to be $3,000 a year.
 The defendants further denied that they had ever threatened not to de- clare dividends.
 A statement from Manager F. E. Cherot of the Citizens Light and Transit Company, was read, and it showed that when the Citizens Light and Transit Company was formed, that company owed the Bluff City Lumber Company about $46,O00 but the debt has been decreased to about $19,000. This statement was read by Attorney M. Danaher, and an agreement dated September l. 1905, entered into by Robert York, J. B. York and John F. Rutherford, was also read, which con- tained the following sections:
 sItis further agreed by and between ourselves and also the stockholders of the Bluff City Lumber Company, that between now and Mrach 1, 1906, we will prepare papers for a realty company, the stockholders of same to be identical with the present stock holders of the Bluff City Lumber Company, or the stockholders on rec ord at the date of the formation of the proposed company, their interest in the said proposed company to be in the same proportion as their hold ings in the Bluff City Lumber Con- pany." (The plaintiffs declare that this property was never divided according to contract)
 "It is further agreed that should said parties, in the conduct and man. agement of the Bluff City Lumter Company, fail to agree or to work tremendously together, or should its business become or appear to De un- profitable, then steps may be taken by all or either of the parties hereto to wind up it's business, liQuidate and wind up all it's affairs, pay it's debts and award to each stockhol9et his interest, and such steps so taken, as herein provided, shall be as direct and economical as possible to wind dp speedily it's affairs
 The court hen adjourned until 1:3O o'clock.
 Afternoon Session.
 The court was called to order at little after 1:30 o'clock by Judge J.. M. Elliott and the case was resumed. M. Danaher read several affidavits from different former employees of the Bluff City Lumber Company, which stated that it was the understanding among the employees in the office Of the company that they should not give out any information concerning the business affairs to MT. Rutherford, but rather that the business should be withheld from him.
 A statement from H. Brlngman' manager of the Consumers Ice and Coal Company, but formerly an em- ploye of the Bluff City, was read, and it stated that the net earnings of the Bluff City Lumber Company during the time he worked there, were less during the time the company was con- tro!led by the Works than during the time MT. Rutherford was manager
 He also stated that the employees un' derstood that all business transacted
 was to be kept from the knoWledge
 of MT. Rutherford.
 A statement was also read from k.
 H. Teufel, formerly invoice and Dill
 clerk of the Bluff City, and he stated
 that lumber was sold regularly to