The Montgomery advertiser., 1909-05-28
QUO WARRANTO
PROCEEDINGS
Claim Unjust Exercise
Of Power.
BILL IN CIRCUIT COURT
The Citizens light and Power
Company Defendant.
o. e. white Wants Members of Com
pany to show Cause Why They
should Not BE ousted
From Onices.

QUO warranto proceedings were in
Btttuted in the Circuit Court OF Mont
g9meSy County yesterday r Z, bef S W yHaEs
Company, the claim being made that
the men composing the company We're
franchise to which they were not en-
The plaintiff prays that a summons
issue requiring the members or the al
legged company TO appear and show
by what warrant they exercise the cor.
porate powers of the Citizens Light
and Power Company f5sy K mas Rsi sho%
cause why they should not be ousiea
from the offices and franchises wnicn
they have usurped and the company De
The Bill was filed Thursday after
noon about -1~o'clock. Judge PEARSON
has not yet set down q date Tor It's
The men composing the Citizens
Light and Power Company are well
known business men OF Montgomery.
The bill declares that t the incofpo and
prays that the court declare such pre-
tended Incorporation void: It Is FUR
thermore declared that the supscrip-
tons to the capital stock Of the COM
pany were not made In good foith ana
bill that there will be legal subter-
l lzen's y Light natIn Heat p and Power Com
panv. an older Organization, win be
turned over to the Citizens Light ana
n9wer SomDa sscb na Il a VIII have his
stock doubled and the bill prays the
court to stop this. ~
The blu In f ri. f SIii
'To the Honorable " W.. Pearson.
gomery County:
ZION n Of S Z. =. white fA and the said &.
.First2That the said 9. q. White.
for the a costs Of these a proceedings
'second--phat Alex. Rice, c. L.
Ruth, J.. L. Cobbs, N. Lobman, e..
Meertief, p. r. Whiting, Winter-Loeb
Chumley. Duncan May. A. w. LeBron.
Ellis-Grant Furniture Company, c. NJ.
Smith, and A. Nachman, all Of whom
bama, are claiming 70 have associated
themselves together as private cor
poration under the general laws OF the
style Of Citizens Light and Power
Company, with its principal ONCE In
Montgomery, Alabama.
defendants and the defendant Citizens
Light and Power Company pretend to
be an incorporated company under the
general laws of the State of Alabama
Judge OF Probate OF Montgomery
County, a declaration OF Incorporation.
q copy of which Is hereto Attached
Incorporation OF said company IL void,
and offends against the acts creating,
pltering or renewing corporations of q
lcedure in the formation of said coFpo-
ration was violative OF the constitu-
ton ana laws Of the State OF Alabama
In the following particulars:
''That the subscription to the $4,000
Df capital stock with which IL pur-
ported to begin business was not SUBJ
scribed for in good faith, but an OF the
STOCK SSI0 pretended to Subscribe for 1s1
shares of the par value OF 500 each,
said subscriptions to be payable in
money, but with the privilege OF dis
to said Citizens Light and Power Com
pany of the interests OF the said sub
scrfbers in the corporation known as
Citizens Light Heat and Power Com
,4ready been organized under the laws
of Alabama), and the only pretended
compliance with said subscription was
ment signed by the incorporators
agreeing that they would In the fu-
tnre, upon the demand of the Board Of
Directors OF said proposed corporation
capital stock owned by them in said
Citizens Light, Heat and Power Com
pany, and that there Is nothing in said
fdavlt required by law, showing that
any subscriber ever did comply with
his said subscription, or ever pay any
amount In A.. money thereon or convey
'Fourth--That said corporation was
never organized in good faith. but the
facts, were as follows: The Citizens
a Corporation with capital stock Of
$4,000 organized under the provisions
of the code of 1896 on to-wit the 18th