The herald. [volume] (New Orleans, La.) 1905-1953, 1913-10-23

OF TIE DICKN BIRD COMPANY.
UNITED STATES OF AMERICA. STATE
OF LOUISIANA, PARISH OF OR
LEANS CITY OF NEW ORLEANS

OF LOUISIANA. PARISH OF OI;
LEANS. CITY OF NEW ORLEANS.
he 1t Known. That on this 18Th day Of
the month of october. in the year OF oul
Lord one thousand nine hundred and thir
'tecn and Of the Independence of The
United States of America the one hundred
and thirty eighth. before me. Alexis Brian, :
notary public. duly commissioned and quail
fed. within and for the Parish OF ORLEANS
State Of Louisiana. and in the presence 81
the Witnesses hereinafter named and under
signed. personally came and appeared The
several persons whose names are horcuut,
subscribed and severally declared that, avail
inn themselves OF the provisions Of tn,
constitution and laws Of this state reIa
tive to the organization Of corporations. they
have formed and organized. and do by thes,
presents. form and organize themselves a,
well as such other persons as may here
after join with them Or their successors
into a corporation for the objects and pur
poses and under the covenants. Stipulations
and agreements following. tO-wit:
ARTICLE The name and title Of this
corporation shall be the "DICkY BlRl
COMPANY" and under said name il shall
hay" corporate existence for ninety-nnC
years from date hereof, unless sooner dis
solved under the terms 81 this charter. II
may have, hold, receive. borrow. loan. eX.
change. acquire, purchase, sell, ALLEVIATE con,
vey, lease, pledge, pawn or mortgage prop.
erty of any kind real. personal or mixed
corp0rcal or inCorpureal IL may make. iSSu,
and indOrse bonds and notes and other cvi
= =
pledges or other evidences Of debt IL may
accept mortgages, pledges or other forms of
security for money loaned or other debts
due To 1t: il may contract, sue and be sued
ana may adopt and use corporate seal il
may name, appoint and employ such man.
ayers, directors, officers agents and other
employees aS its interests and convenience
may require. and may make and establish
such bylaws, rules and regulations for the
proper management and control Of its af.
fairs rs may be necessary and proper: and
shall generally POSSESS all powers rights
privileges and immuniticS which are pres
emily or which may hereafter be granted Ia
corporations under the constitution and
laws OF this state.
ARTICLE 1.-THE domicile Of this cor
poration shall be I'm the city of New or
leans, parish of Orleans state of LouiS-
lana, and all citations and other legal
process shall be- served upon the President.
or in the event Of his absence. upon the
Vice President, OF in the absence of both
OF said officers, upon the Secretary Of said
corporation.
ARTICLE HI-Thc objects and purposes
for which this corporation is formed are
hereby declared TO be to acquire. own and
manufacture soda water. pop. mineral wa
tiers. phosphate and carbonatcd and other
non alcoholic drinks, SyrupS and their con
StiturntS and component parts: To buy sell
to do any and all things Incidental To. or
necessary. or convenient in the conduct OF
said business.
ARTICLE IV-The capltaI stock of this
corporation is hereby fixed AT the sum of
fifteen thousand dollars DSlJ.OOO OOl, di-
yided into one hundred and fifty t15Ul
ShareS or the par value OF one hundred
dollars lSlOO.OOb each: and said corpor9-
ton shall be authorized 10 commence bust
ness as soon as ten thousand dollars
iNlOOOOuO) of said capital stock shall have
been subscribed for Said capital stock
snail he fully paid and worcestershire. and
ShaIl be Issued only for cash or in payment
Tor property. movable or immOvable, actual
~ purchased by conveyed TO and received
.H SaIi corporation. or for labor done or
No transfer of said capital stock shall
De binding upon this corporation unless re-
corded on the books thereof and made pur.
suaht 70 ana in accordance with its char
-, ARTICLE v-The business and affairs Of
inns corporation shall be managed and CON
tHncIed by. and the corporation powers
thereoI snail be veSter in and exercised by
Il board of five directors 10 ba aIrrtad Fr,,,
among the stockholders Of the comnanv
. hree directors present in perSon only
sndl constitute a quorum for the transac-
titon OF an business Of the corpora ton. II
Shall be- lawful for any member Of said
BOARD absent from the city Of New Orleans
20 vest tull power in any other director
present in said city to vote and act for him
directors '"' OodIu oI
ARTICLE VIT-The officers of said cor
Doraiion shall consist of a President. a Vice
President. a Secretary and a Treasurer 'rbo
1ffceS of Secretary and Treasurer NAV he
u'Iu by the same person. The board of di
rectorS may vest the ordinary conduct 81
me anairs of said corporation in a manager
VINO may, AT the same time. he anv of fbe
foregoing officers "
- ARTICLE VII-Until the first Monday in
November. 1914, or until their successors
named persons shall c0nsfitnte the boarS
81 directors or said corporation: Edwin w
arny' dr; Henry V. Army. Fabius G. God
Iold Wallace 4; Hatkinson and G l..
Srhv, win said Edwin W. Arney as Prpsi-
lent and Manager. Fabus c. Godboid as
Vice President. and W. 4. Hatkinson as
and Treasurer.
On the trst Monday in November 1914.
lhu annually thereafter, a meeting of the
stockholders Of said corporation Shall be
held at its domicile for the purpose q
,Iecting directors for the ensuing year Said
election shall be by ballot each share OF
stock shall be entitled to one vote and the
majority vote shall control
fallure from any cause whatsoever 70
lold said annual meeting or to elect di-
'ectors at the appointed time shall not dis
'olve the corporation. but the directors and
'fhcers then In office shall hold over until
heir successors shall have been duly elected
md qualified.
Except as otherwise provided by law. all
Meetings Of stockholders for the election of
directors, or for any other purpose shall be
'lven In writing by the Secretary at least
Meeting and shall he either delivered per-
onallv 10 the stockholders or mailed TO each
me Of them. addressed 70 his last known
lace OF residence. ANY notice required nv
his charter or by the law 10 be given
ne.
ARTICLE VIII-Immpdiatelv upon the
lection OF the board of directors annually
hey shall meet and select from their own
umber president. a vice president and
ecretary, and from among themselves or
rom among the stockholders a treasurer
laid board shall have the power to appoint
uch other agents and employees and to en-
CT such bylaws. rules and regulations as
nay he necessary and proper for the con-
uct OF the business Of the corporation. In
aSe OF vacancy on the board of directors
r among the officers, the vacancy shall be
He'd by the remaining directors.
ARTICLE IX-Except as otherwise pro-
ided by law. this charter may be amended
r altered, and the corporation NAV he dis
olved by vote of twO-thirds in amount
7 the capital stock present or represented
{ meeting Of the stockholders called es-
ecially for that purpose provided that in
rider TO dissolve the corporation at least
of the entire capital stock must
e present or represented at said meeting
Upon the termination Of this charter nv |
imitation or upon dissolution Of the cor
Grafton under the terms of this charter |
IS business and affairs shall he Inundated
v two commissioners elected nv the stock !
OlderS at a general meeting called for that |
urpose. Said commissioners shall have the |
ntire charge of the liquidation. with au- |
hority 10 sell and dispose of the assets |
the corporation and IN case of the death |
r resignation Of commissioner during |
he terms of his duties. or in case of his |
allure or refusal 10 act. the remaining |
shall declare the office vacant |
nd shall proceed with the liquidation.
ARTICLE No stakeholder shall ever
? held liable or in any manner rpSDOnSi- |