Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-26
Legal Notices.


STATE OF GEORGIA-County Of Fulton.
To the Superior Court of Said County
The petition Of American Sumatra To-
oaGco Company, q corporation, respect
/. That it was duly Incorporated by
order Of this court on the 18th day Of
February, 1910, and thereafter duly or
ganized In accordance with the provisions
OF the laws of this state, and has since
been in the active conduct of its business
In accordance with the provisions of its
2. That it desires to amend its charter
by incorporating therein the following
provisions: That whenever an election Of
one or more directors Of the company is
held by the shareholders at any lawful
meeting thereof, the shareholders shall be
entitled to cumulate their votes in this
following manner: Each shareholder shah
pc emitted to number of votes equal
to the number of directors to be elected,
multiplied by, the number of shares of
stock which he holds, and shall be per-
mitted to distribute such votes as he
pleaSeS among the candidates, or to cast
them all for one candidate If he so
chooses, and those persons shall be de-
clared elected directors who shall re-
ceive the highest number of votes so cast;
provided that nothing herein shall be
construed to alter or change that provision
OF the original charter OF the company
which entities the holders of the pre-
terred stock to elect a majority of the
board OF directors in case of default in
the payment of dividends on the pre-
ferred stock to the amount of fourteen
GD per cent, and to continue to so elect
majority of said board from the time
such right becomes operative until, but
only until, such time as all accrued and
unpaid dividends on the preferred stock
shall have been paid up, as particularly
set forth in the original charter of the
corporation; and provided further that
1t shall be within the right and power
Of the Shareholders to provide by bylaws
that the preferred and common stock
may, be required to vote separately, and
until default shall be made in the payment
Of dividends on the preferred stock to
what number Of directors may be voted
for by the holders Of the preferred
stock and what number may be voted
for by the holders Of the common stock,
class of stocks as to the number OF
directors for whom they may respectively
vote; provided that after default as
ers of the preferred stock shall not de-
prive them OF the right to elect at least
a majority of the members of said board
until the default is removed as aforesaid;
and to provide by bylaw how the by
laws providing for the foregoing lilnita
tons may be altered, amended or
changed. The cumulative voting herein
allowed to apply to the voting for such
directors, either before or after the oc-
currence of a default as above set out.
as the holders of the preferred and com
to vote for under the provisions of the
original charter and OF such bylaws on
tnlS SUBJECT as the shareholders may
have heretofore adopted or may here |
after adopt.
g. That It is provided in the original
charter Of the corporation that this char |
ter may be amended by and with the
consent Of the holders of not less than
two thirds in amount Of all the capital
stock then outstanding, expressed at a |
meeting Of the shareholders held in ac- |
cordanCe with the provisions of the by
laws OF said corporation, at any time |
and either In form or In substance
T. That at meeting of the share
holders duly held In accordance with the |
provisions of the bylaws of this corpora
ton, at which meeting all of the pre- |
ferred stock and all Of the common stock |
OF the corporation was represented |
either in person or by proxy, a resolu- !
ton was duly and unanimously adopted |
authorizing this application for an amend
ment TO its charter to be made.
Wherefore, Your petitioner prays that |
when II has complied with the law for |
orable court will pass an order amend |
ing It's charter in the manner and to the |
extent as herenbefore set out
ANDERSON, FIELDER, ROUNTREE &
WILSON, Attorneys for Petitioner.
Filed in office this the 18th day of No |
Vember, 1912. f. M. MYERS,
Deputy Clerk
STATE OF GEORCIA-Fulton County |
l, Arnold Broyles, clerk of the superior |
court of Fulton county, do hereby Certt- |
fy that the foregoing is a true and cor |
rect copy of the application for an amend |
ment to the charter of the American |
Sumatra Tobacco Company, as the same
Witness my official signature and the |
seal of said court this the 18th day Of |
November, 1912. ARNOLD BROYLES'
Clerk superior Court, Fulton County Ga. |