The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1910-10-15

'ne remainder, and thereupon, against
'ne objection of this plaintiff, the meet
ing proceeded by a vote, NOT by bal
lot' to elect II. C. Clapp as the other
~uiieetOr, and the meeting adjourned.
That prior to the nominations of per-
sons to be voted for at said meeting,
anu before any action had been taken
~sherein, this plaintiff objected to thu
sald Thomas +. Manning representing
oy proxy or otherwise the stock be-
longing to the Diamondfeld Black
Butte Reorganization Mining Com
pany, held in trust as aforesaid by the
Registration Trust Company, and that
the same could not be voted by him,
or be voted at all, and moved that the
report of the committee on proxies
(Which said report included and ac-
corded said Manning 645,5s7 shares
then held in trust as aforesaid as prox-
les held by said Manning to be by him
voted) be not accepted. But plaintiff s
motion was defeated by the following
vote: Ayes, Gill, Ernest, Ward and
Byler; noes, Patrick and Clapp, and
thereupon, against the objection f
this plaintiff, said Manning was ac-
corded and permitted to vote Gas, 5S7
shares, and as the said Manning cumd-
lated his vote he cast l,075,97S Is
votes Illegally and ~wrongfully for +.
A. Byler, Ben Gill and j. G. Mckay, so
that in truth and in fact, the said j. G..
Mckay only received 460,2S4 2-3 legal
votes, and the said Ben Gill only re-
ceived 46S,S17 2-3 legal votes; and the
said f. A. Byler only received 1885,
81 % legal votes; so that L. l.. Pat
rick, having received 47S,290 shares,
T. C. Damsky 473,290 shares, VIM.
Lipps 473,290 shares, Fred Strain 473,-
300 shares, all being legal votes, and
II. c. Clapp having been elected with
out opposition, said l.. l.. Patrick, t.
c. Damsky, Fred Strain, VIM. Lips
and II. c. Clapp were duly and legally
elected directors of the said Diamond
field Black Butte Re-Organized Mining
Company, and Notwithstanding the
fact that said J.. G.. Mckay, Z. A.
Byler and Ben Gill did not receive the
highest number of votes cast, and were
and are not directors of said Diamond
field Black Butte ~e-Organized Mining
Company, they were wrongfully ana
unlawfully declared elected, and ever
since and now hold out and represent
that they are said directors, and ever
since and now usurp, intrude into and
unlawfully hold and exercise the du-
ties of directors as aforesaid.
That the said 645,5S7 shares of stock
so cumulated and voted by the said
Thomas F. Manning was the stock held
in trust by said Registration Trust
Company in pursuance of said letter
of said l.. l.. Patrick hereinbefore set
out, and not otherwise, and not held
in any private capacity by any per-
son or corporation, and not the subject
of any voting power by any proxy or
otherwise; and that plaintiff herein is
a stakeholder in said Diamondieid
Black Butte Re-Organized Mining
Company in his own right, and that at
such election was a lawful proxy OF
3S3, 300 shares of stock, and is person
ally aggrieved by the proceedings
herein set forth.
That it was not the duty of said
Registration Trust Company in It's
capacity as trustee TO represent said
shares of stock so voted by the said
Manning at said stockholders meet
ing. That at the time the election
took place of the said board of direc'
tors by the stockholders thereof, the
said l.. l.. Patrick was then and there
a stakeholder, duly qualified to par
ticipate in said meeting and hello
proxies of other stockholders, and en-
titled and qualified to be elected a dl
rector, and the proxies held by hin
with full knowledge of all the stock
holders at said stockholders meeting
were reported as properly held by hin
by a committee appointed to that END
and purpose, the report of which com
mittee giving him the right to vo.'
upon such proxies was affirmed by Z
vote of all the stockholders, and par
ticularly the directors claiming elec
ton herein. The only objection to th'
report of said committee being the oh
lection made by the said L.. L.. Patr'cl
to the vote of the stock held by tn
Registration Trust Company in trus
by him, the said Manning, all partie
and all stockholders present consent
ing that the proxies held by the said L
L. Patrick were legally held by him
and could be, and were properly vote
by him. THAT no objection to the pro
ceedings taken at said stockholders
l.