Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-07-16
William A. Madison Asks Re-
ceiyer for Dutchman
Mining Company.
CHARGES ILLEGAL TRANSFER
says Ores We're Taken Out in surrcp-
titious Manner by Leasing Com
pnny Iniuring owners.

I With The fling of Soluminous COM
plaint OF 40 pages in the office of Clerk
j. r. Letcser OF the Federal court to-
day, William ~. Madison, who lives y, \
Detroit, Mich, began suit against the
Dutchlnan Mining company, owning
number OF mining claims in American
Fork canyon. In addition to the min
Ing company the names of the 1olioW-
ing individuals are entered as DEFEND
ants: WilisSJ. Holden, Frank Il. Many,
William G. Andrews. John S. Easement,
Henry j. 1lruse, Mary Eliza Easement.
Theo. NJ. Andrews Olive NJ. Wright, j..
Il. Mcfarland, Joseph Lippnlan, Harry
w. Holden. Byron S. 1iers'law, and the
Dutchr,an Mine Leasing company, a
corporation.
The complaint alleges numerous un-S
lawful acts on tile part OF Wills ).
Holden. Frank b. Many and William
c.. Andrews in connection with the
management and control Of the Dutch
man Mining company, as the result OF
which a receiver is asked for as well
as an accounting by the above named
individuals. especially Willis J. Holden,
of ali the ore extracted and sold anu
all money and property OF any KIND
handled by him belonging to theSl'u lE
man Mining company. An lhJtln 1s'luii
is sought to prevent the eDutchman
Leasing company from extracting any
more 81 ore from the mine. and II IS
sought to have the leasing company ac-i
count for the ore which 1t has TAKEN
out owing it is alleged. to Irregular LAY,
tiles connected with the giving OF tho
lease.
STOCK 5IyRoNGFULLY ISSUED.
The complaint also asks for certain
stock certificates, alleged to have bsen5
celled. The complaint. which was
prepared by Booth, Lee BAD BAD
ger, attorneys, states that INC
| Dutehman Mining company Is cap.
|italized at 100000, in 1000 shares "a
| the pf, n value of ST.. -Four ltunuraa
thousand shares of Il tho capital stoc,s
were distributed among certain i lndl-
f4yttluafs principal among whom We're.
Holden, Many, Andrews and the COM
lplainant, who held 10000 shares ca cli.
! The balance of 100000 shares were. set
! aside as trea sury stock. AS the 3 iit
1 cause OF action Madison alleges that
between the time the articles were APP
4 3proyed by the directors and the HING
/ ofFthe articles with the county clerk
i and the secretary of state, the Word
-four was changed to three, & ma KING
| the article IN read, The board snail
4 consist of five directors. three OF W ,.'
i shall constitute a quorum. Madison
alleges that a. meeting of Willis, Many
| and Andrews took place several yeafs'
ago at Cleveland, Ohio, of which he re-
/ ceiyed no notification, and at WHICH
| they discharged him as manager ana
! elected Willis j. Holden manager. Mad
4 ison alleges that this and other meet
! ings of the three directors was Illegal
j as no quorum was present. lie states
that he has never attended meeting
and saws he has never been Notified got
4 any stockholders meeting, as proVldeu
j for. by law 1T Is alleged that the OBJ
! iect OF these actions on the part OF the
4 three defendantst was "a consplfacgat22
4 obtain the treasury stock ana secute
/ control of the mine.
ALLEGES IMPROPER LEASE.
1 1t is further alleged that the mine
l was leased to Heber Valid without being
/ properly ratified by the board. and that
= more than $4,000 was paid to Holden
i on the lease. which money with that
4 from other sales OF ore, lit Is alleSeu
1 Holden has converted to his own USE
1t is also alleged in the conrplaint that
4 OF ore, which they did not take out at
i the expiration of their lease, which led,
i it Is alleged, TO the organization oil
i the Dutchman Leasing company, or
4 which Willis j. Holden is alleged to
4 have acted as manager, for the benefit
4 of himself and associates, and at tho
4 expense of Madison and other stock
i holders of the Dutchnlan Mining conf
many. Through the medium OF the
Il leasing company 1t is alleged that ore
Il valued at more than 100000 was ex-
Il tracted, and there is now said to be
4 more than $3.50, 600 worth of ore in sight.
Further. is it alleged that at meet
ling of Willis j. Holden, Frank b.
i Many and William G. Andrews at
i Cleveland last year an unlawful issue
Z Of treasury stock was made to the
4 Following persons Frank y. Many,
s5. 900 shares; II. ] 5. Krusc, 10 shares :
]. S. Easement, wife and son, 1l,5ou
shares; y w. G.. Andrews. 1850 shares;
i Theo. M. Andrews, 5000 shares w, ).
Holden. 37,740 shares; Olyie NJ Wright.
5000 shares; J. T.. Mcfarland, 1900
shares.
For the above causes a receiver is
Il asked for, also that the lease to the
Dutchnan Leasing company be SET
aside and the company be made to
4 account for all ore sold; also that de-
i PENDANTS Holden. Many and Andrews
be required to account for all money
II and property of every name when
they may have received from the
a Dutchnan Mining company; also that
4 the certificates of treasury stock al
LEGGED to haev been issued unlawful
z lily be cancelled.