The Hood River glacier. (Hood River, Or.) 1889-1933, 1909-12-30
LIGHT COMPANY
LOSES TO EVANS
DECISION FOR MINORITY OWNER
COnrt Orders II. +. Davidson to Pay
Back 10 Light Company Fraud.
ucnt Stock Dividends.

tor a ooupls OF years brought by n.
Z. Evans against the light company
and some of ITS present and former
officers was decided by Judge W. l..
Bradshaw, of the Wasco circuit court,
at The Dslles last week The find
lngs of the court is sweepingly In
favor of the plaintiff .snd according to
the courts orders large sum re.
presenting cash, stock and dividends
fraudulently obtained will have to be
paid back into the treasury of the
oor orporation' by Ii. f. Davidson.
A 3 per cent dividend declared by
the company, August D, OF this year,
and one for 80 per cent declaI ed
December IL, will probably have to
be returned so tar as the fraudulent
stock is concerned, although the
present decision does not cover them.
Mr.. Evans is much Rratitied at the
outcome aud says, 81 never telt
any DOUBT OF the result, as | had
right on my side aud two OF the best
law firms on the Pacific coast, which
we're absolutely square" Judge
Bradshaw 3, findings and court order
are printed In full below.
In the Circuit Court of the State of
Oregon for Wasco County.
N. G.. Evans, Plaintiff, vs. the Hood
River Electric Light, Power and
Water Company, a corporation; II. r.
Davidson; j. ii. Ferguson; W. H..
Chipping; j. l.. Henderson and
Leslie Butler, Defendants,
Now at this time this cause coming
on tor hearing and trial before the
Court. the evidence having been
presented and having been reduced to
writing and extended by the Court
Reporter and filed in Court; the
plaintiff appearing by his attorneys,
Jesse Stearns and Bennett u Sinnott,
and the defendants appearing by their
attorneys, A. A. Jayne and Hunting
ton & Wilson, and this cause having
been eretotore duly argued by ooun-
sci for the respective parties hereto,
and by the Court taken under advise
ment until this time, and now the
Court having read and heard the
testimony therein and now being
fully advised IN the premises, finds
as conclusions OF facts as follows,
to. wit
/. That it was mutually agreed be-
tween plaintiff and defendants by a
stipulation filed in Court, that the
above entitled Court should retain
jurisdiction OF this issue.
2. That at and during all the timei
herein mentioned the said Hood River
Electric Light, Power Il Water Com
oany, hereinafter called the Light
Company, was and now is a corpora
tion duly organized and existing under
and by virtue OF the laws of the State
of Oregon, having it's prlacipal office
and place of business in the City oI
uood River, In Wasco County, Ore
Ron, Now Hood River County.
3. Thap at and during all the timer
herein mentioned, the amount of cap
ital stock of said corporation and wal
now 10 Two Thousand shares at .th,
par value of Twenty five Dollars pei
share.
4. That plaintiff at and during al
the times herein mentioned and fol
several years prior thereto. was ant
now is the owner and holder of on,
hundred and five shares OF stock o
said corporation, purchased by sale
plaintiff in good faith and for valC
atle consideration.
5. That at aud during all the time
herein mentioned, the Board o
Directors of said Light Company con
sisted of i've members. That on th
18th day of December, in the yea
1914, said defendants ii. f. David
son, j. IL. Ferguson,s sW. Ii. Chip
ping, j. l.. Henderson and th
plaintiff constituted said Board, ant
| the said members constituted SAT-
Board until the Oh day of December
in the year 1905, at which time h. f.
| Gotf was elected member OF salt
Ruard in the place of plaintitf. Th
balance of said Board remaining tn
zane aud consist ing Of the said ii. +
Davidson, }. II. Ferguson, W. II
Chipping, }. l.. Henderson aud Il
T. lioff, until the 20th day of June
Ia the year 1907, at which time Ell
May Davidson, a sister of the said ii
Fa Davidson became a member o
said Board in the place OF the said }
II. Ferguson. The other members O
said Board remaining the same. fha
ever since said Goth day OF June, u
the year 1907, the members of sal
Board have been H. /. Davidson, W
II. Chipping, j. L.. Henderson an
he said Ella May Davidson. Tha
the said Ella May Davidson has neve
been the holder OF more than on
share of stock in said Company, an
that her brother, the said II. +. Da
vid. on, is the owner OF that one share
aud that the acts of the said Ella Ma
| Davidson rs member of said Boar
have al ways been controlled and die
tated by the said II. f. Davidson
That the said W. II. Chipping Is
brothe in law OF the said Ii. +. Dt
wilson. That the said W. II. ChiE
ping became "A stakeholder and
mem Der of said Board on the l2th da
Of December, IN the year 1904, +
which said tine there was transtefre
10 him SO sharss of stock standing J
the name OF fl. l. Worse on the book
Of said Light Company. That tt
aptd 80 shares of stock so transterre
to the said Chipping on said dat
we're owned by the said Leslie ButIe
and on said date the said SO shares
stock we're sold by the said Lesl
Butler to the said h +. Davidson an
we're paid for by the said ii. +. ID
wilson on the 10Th day of Decembe
! in the year 1904. That the said ". /
Chipping as member Ut said Boar
has been under the control and dict
tion OF the said Ii. f. Davidson, an
his acte a herein set forth as memb'
of said Board we're done at the SUI
gestion and dictation of the said /
+. Davidson That the said Ii.
Davidson has ever since the month
May, in the year 1904, been stool
holder aud ever since the 18th day
: Dece ber, In the year 1901, he b
been president OF said Light Con
pany. That the said }. l.. HendersC
on and since the l4th day OF Decer
ber, 1904, has been the holder of on
one share OF stock in the said Lig
Company, which ssid one share "
on said date owned and bas sin
said time been owned by said Ii.
l Davidson.