The Hood River glacier. (Hood River, Or.) 1889-1933, 1909-12-30


aud during all the times herein men,
toned, were actually owned by the
said plaintiff.
I. That at and during all the times
herein mentioned, he said Leslie But
Ter has been duly elected treasurer OF
said corporation and of its Board of
Directors.
8. That on or about the 10th day OF
December, in the year 1904, the said
defendant corporation through the
said defendants, ii. +. Davidson,
Leslie Butler and j. l.. Henderson
had arranged with Benjamsn l..
Cohen, President OF the Portland
Trust Company, to borrow from said
Portland Trust Company for said
corporation, the sum of Thirty five
Thousand Dollars to be used by said
defendant corporation for the purpose
of securing additional lands and
water rights and for the purpose of
paying its Indebtedness.
80. That on The l4h day of Uecem-
Der, In the year 1904, the said Ii. f..
Davidson, Leslie Butler and j. l..
henderson we're the owners Of Ger.
tain tract of land standing in the
name of the said }. l.. Henderson,
aud known as the Coon tract, consist
ing of about l03 acres, in Section
One, Township Two, North OF Range
len East of the Willamette Meridias.
That on said date the said three
nsmed persons by virtue of their
River Power 4 Water Company, a
corporation, hereinafter referred to
~ the Power Company, we're the
owners of two certain leases on lands
owned by A. A. Schenck and L. l..
eliot, In Section 81, Township
Three, North of Range Ten, East OF
" M. That said Coon tract and the
| said two leases we're purchased by
said three parties in the year 1904,
tor the purpose of conveying the
same to the said Light Company.
That said Coon tract and the said
leases we're purchased and secured by
the said Ii. Il. Davidson, Leslie But
Ter and j. l.. Henderson at a cost to
them of not more than Five Thousand
Dollars.
10. That on the same i4th day CT
December, in The year 1904, the said
defendants }. L.. Henderson, Leslie
Butler aud Ii. +. Davidson composed
the entire Board of Directors ct the
Hood River Power 4 Water Company,
"A corporation, That at said time the
said ii. +. Davidson owned all the
subscribed stock of said corporation,
to.wit: BOB shares, although the said
j. l.. Henderson and the said Leslie
| Butler appeared on the books of said
Power Company to own each lOl
shares of the subscribed stock of the
said Power Company.
IL. That on the said l4h day oI
December, In the year 1904, the said
| Il. f. Davidson with the fraudulent
design and intention OF defraudinf
said Light Company and its stock
holders, and with the fraudulent de
sign and intention of selling the
same to said Light Company tor
Erwenty five Thousand Dollais, there
by making a secret profit of Twenty
| Thousand Dollars In fraud against
said Company and Its stock hol ders,
purchased from the said }. L.. Hender.
son and the said Leslie Butler, their
entire interest In and to said Coon
tract and the said leases, paying foi
the same twO.thirds of the origina
cost price OF Five Thousand Dollars,
so that the total cost OF the raid CooT
tract and leases to the said Ill. f
Davidson was not more than Five
Thousand Dollars.
That the said Leslie Butler and tn,
said j. l.. Henderson ut the time o
their said sale to the said Davidson
knew that he had arranged to sci
said Coon tract and said leases to sale
Light Company for the sum o
twenty Tbuosand Dollars.
II. That on the said l4th day o
December, IN the year 1904, the sait
u. +. Davidson caused the said j. L.
Henderson to deed the said CooI
tract to the said Power Company
and also on the said date he caused
said Power Company to deed anC
transfer to the said Light Company
and he fraudulently caused said Ligb
Company by and with the connivano,
and oollusioD OF the Board of Direct
Ors of said Light Company TO pur
chase said Coon tract and said elliot
leases for the sum of Ten Thousant
Dollars in cash aud Fifteen Thousant
Dollars in stock of said Light Com
pany, to.wit: six hundred shares o
stock at the par value of Twenty. Fiv
Dollars per share, which said stool
at said time was worth its par vsld
Of twenty-five Dollars per share
That in making said sale to the SAT-
Light Company the said Davidson
uaudulently concealed his interest il
aid Coon tract and said Schenck AM
Eliot leases from the plaintiff
That the entire purchase price 70
said Coon tract and said leases wer
paid to the said Ii. +. Davidson per
sonally, and the said II. II. Davidson
naudulently caused the records q
the asid Light Company to show tha
The said purchase price was paid t
the said Power Company in orde
TO conceal his interest in said trans
action from said plaintiff. That sal
II. r. Davidson made a traudulen
, aud secret profit IN said transaction
OF FIVE Thousand Dollars in Gas
and Fifteen Thousand Dollars IN cas-
aud Fifteen Thousand Dollars Il
! stock, worth par, of said Light Com
pany, in violation of his iduciary re
lation rs a Director of said Ligh
Company.
l3 That the asld II. +. Davidso
4 caused said six hundred shares to b
trauduleutly issued as follows:
To himself, 3O4 shores.
10 the said j. II. Ferguson 70
. shares.
10 the said W. ii. Chipping 8
, shares.
! That the shares issued to the sal
Ferguson and Chipping we're suld b
the said Davidson to said persons
: That the said }. IL. Ferguson hel
i, said 200 shsres until the first day {
y March, in the year 1907, at which sal
>, time the said 2U0 shares were trans
y terred by the said j. Ii. Ferguson
9 the said II. f.. Davidson. That eve