Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-22

company. its total capital stock being
only 100000 shares
That in February. 1904, the executive
committee of said company passed reso-
luton authorizing the borrowing by said
company of 800. 000 to be used in it's bust
ness. and authorized the giving to the
lenders thereof of one share of its capt.
tai stock for each dollar so loaned the
said loans to be repaid on or before Feb
ruary ], 1905
That petitioner is informed and be-
lteves and therefore AYERS that there was
borrowed under this resolution by the
said Davis and the said Bryan. acting
in their official capacity. the sum of about
slOS000; that no part of this money went
INTO the treasury of said company, but
that the entire amount borrowed was re-
ceived by the said Davis ard Bryan and
was by them converted to their own use
That when the certificates of indebted
ness given to the lenders of this money
matured many of them were acquired by
the said Davis and Bryan and are row
held by them AS claims against the said
Capuzaya Mining Company. That all of
caid claims are now overdue more than
one year, and the sa id Davis and Bryan
are pressing the claims held by them for
payment. asserting that said claims ag-
gregate at least 100000.
Certificates Issued.
THAT among the certificates so issued
were one for 500 issued to W. T. Red,nan
November 81. 1901 and another for 5000 is-
sued to St Joseph's Catholic Church
November 81 1904; that both Of said loans
were due February 1, 1903. and that the
holders thereof have demanded of the
said company the payment of the same
out said company has failed to pay the
same or any part thereof and the same
are now overdue more than one year.
Said certificates are attached hereto
marked Exhibits c and d, and made a
part hereof.
That the said company failed to file
with the recorder Of deeds of the District
OF Columbia, as required by section GIT of
the code, report Of the affairs of the
company until January. 1906. That in that
month and in January. 1907. the officers
of said company filed with said recorder
Of deeds so-called reports. duly certified
copies OF which are hereto annexed mark
ID Exhibits and F.. and made part
hereof
That each OF said reports is false in
his. that at the time each was signed
che said company was indebted in the
sum Of about 100000, as is set forth in
lie last preceding paragraph. and as was
vel! known to the said Davis ard Bryan
4 the time they signed the said reports
Trustees Elected.
THAT at the annual meeting of the
stockholders of said company, held the
-'e'' NAJ VI A>oNclADet, lcUD d DOdTQ OF
rustees. consisting of fifteen members
vas elected for the ensuing year. the said
rustees being John p. Jones, Charles
L. Hough. H. A. Grpp. Arthur M
Davis Eugene Davis. J. Hutchinson
Kay. Arthur B. Schell. William P. Fair
nan. George w. Castle. r. B. Egbert, E.
:. Bryan and w. f. Dewitt; that of
hose trustees a majority. to wit. ten, are
lot citizens OF the District OF Columbia.
>ut are non-residents thereof. the said
con esidents Of the District of Column
'ia being John P. Jones. Charles Evans,
i. A. Gripp. Arthur NJ. Davis. Eugene
Schell, William P Fairman, George w.
'astle and w. e. Dewitt
That under section COS of the code of
he District OF Columbia. said board of
trustees Is Illegally constituted and is no,
qualified to act on behalf Of said COM
pany. and said company is now without
any legally constituted trust ,es.
Alleged Violation of Duty.
And petitioner. on information and be-
lief. further represents that the said Ed
ward c. Bryan. in violation of his duty
IS treasurer of said company, and In
violation of the law. has repeatedly re-
fused to let the stockholders of said COM
pany see its books. and has repeatedly re-
FUSED to make transfer on the books Of
said company OF stock sold by stock
holders.
And petitioner AYERS that the said pre-
tended incorporators and their successors
have unlawfully acted as body cor
porate under said pretended certificate of
incorporation. because the said certificate
was Illegal as hereinbefore set forth: and
that they have forfeited their pre- tended
charter by the acts Of misuse and abuse
Of their pretended corporate powers as
nereinbefore fully set forth, and that they
have violated section 1914 of the code in
that the said pretended corporation has
neglected and refused for more than one
ear to pay its debts.
Company's Annual Report.
The annual report of the company filed
with the recorder Of deeds January 10
last set forth that the capital stock was
s.. 100000, all paid in. and that there were
no debts. The report was signed by Eu-
gene Davis, president. and H. H. OAR
nellie. F.. c. Bryan, W. f. De Witt Theo-
dore B. Egbert, F. W. Pratt. Eugene
Davis. A. L. Hough and H. A. Gripp In
the report for the previous year Mr.. Oar
nellie added. after his signature, the
words Ito my knowledge"