The San Francisco call., 1908-12-24
COMP ARES CATTLE
KING TO JAY GOULD
Attorney for Meranda Lux Heir
Says Miller Fmye Out Small
Share Holders
Asserts Partnership Agreement
Was Violated and Affairs of
Company Manipulated

A vigorous attack on Henry Miller,
millionaire cattle king and survivor of
the partnership of Miller & Lux, was
made by Attorney ]. J. Dwyer in Judge
SeawelTs court yesterday Dwyer. who
is associated with Heney & Cobb as
counsel for Jesse Sheldon Lux Potter,
grandson of Miranda Lux, in the litiga-
tion for the winding UP of the $40 ,000,
geo estate, compared Miller TO Jay
Gould and accused him of manipulat-
ing the affairs of Miller & Lux, Ltd. in
a way to enable him to gobble up the
interests of the smaller stock holders.
WAS TO DIVIDE ESTATE
1T is 20 years since Charles Lux, the
partner of Miller, died." said Dwyer,
and under the terms of their partner
ship agreement the survivor was to
wind up the estate and distribute the
assets seven years after the death of
either one of them. Miller is under OBJ
legation both by agreement and by
judgment of court to distribute the as
sets, but it has been his one purpose to
prevent that being done and to freeze
out the others. In the most approx ed
style of Jay Gould operators, he has
gobbled up the smaller stock holders
by bearing the stock He has forced
it down from $125 share to $50 When
his partner Lux died in 1887 Miller
wv ndil iHG estate. NOW lie has
three quarters in his hands He has
refused to accept dividends when they
have become payable. but has taken in
terest bearing promissory notes against
the corporation. Today he has $1,700,-
600 worth of such notes in his hands
Dryers argument was directed to
convincing Judge Seawell that Jesse
Sheldon Lux Potter. who is 26 years
old, should not be compelled, through
hi 4,~,sr CT.
vada corporation of Miller & Lux but
that he was entitled to an actual dis
tribution of lands and stock represent
ing his two thirds of the estate left by
his late grandmother, Miranda Lux,
widow of Charles Lux.
CHARGE BREACH OF TRUST
Dwyer charged DR.. AFRO n. Lewis and
his son, who are trustees of young
Luxs holdings, with breach of trust in
permitting the California corporation
of Miller & Lux to lapse in 1907 for
want of payment of the license tax of
$40, and in permitting the assets of
the California corporation to be trans
ferred to the Nevada corporation of the
same name Dwyer said the result of
the manipulation was that both cor
porations were deprived of all the prop
erty Of the late copartnership of Miller
& Lux and that each person interested
was restored 10 MS pOSlllOn OF tenant
in common.
Attorney Charles S. Wheeler repre-
senting the trustees. who are willing to
accept stock in the Nevada corporation
for young Potters interests, made an
extended argument in reply A happy
solution, Wheeler suggested would be
reached by keeping alive the California
corporation. He denied that the failure
TO pay the $40 license tax killed that
d (%a1f ~
that it was not doing business in Cal
ifornia in 1907, but simply holding the
stock of the Nevada company
The argument will be resumed today
Separate proceedings have been started
by Mrs. Melissa A. Potter, mother of
Jesse Sheldon Lux Potter asking for
the removal of the directors of Miller
& Lux and for the appointment of a re-
ceiVer. The suit has not yet come to
trial. Mrs. Potter says the transfer of
the Nevada corporation was in pursu-
ance of conspiracy to defraud her.