The herald. [volume] (New Orleans, La.) 1905-1953, 1913-11-13

due 20 Ii IL may contract, sue and be sued
and may adopt and use corporate seal it
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 az
fairs az NAV be necessary and proper: and
shall generally possess all powers, rights,
privileges and immunitieS which are pres
emily or which may hereafter be granted 10
corporations under the constitution and
laws OF this state.
ARTICLE 1.-THE dumiclle Of this cor.
pOration shall be in 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, or in the absence Of both
of said officers, upon the Secretary OF said
corporation.
ARTICLE IGI-The objects and purposes
for which this corporation is formed are
hereby declared to be 10 acquire. own ard
operate one or moro hDttIIug plant = 10
manufacture soda water. pop. mineral wa
terS phosphate and rarbOnatrd and other
non alcoholic drinks. SyrupS and their con
stitu"ntS and component parts; TO buy. sell
and generally 10 deal In such products. and
10 do any AMI all things incidental TO. or
necessary, or convenient In the conduct OF
said business.
ARTICLE " The capital stock o, this
corporation is hereby fixed AZ the sum OF
fifteen thousand dollars 81. 600 OON. III
vided into one hundred and fifty GIOb
shares Of the par value Of one hundred
dollars lSlOO.OO} each and said corpora
ton shall be authorized 10 commence bust
ness rs soon As ten thousand dollars
,SlOpOOOOl Of said capital stock shall have
been subscribed for. said capital stock
shall he fully paid and misunderstanding and
shan he issued only for cash or In payment
Tor property, movable or immuvab'c, actual
~ purchased by. conveyed 10 and received
by said corporation, or for labor done or
services rendered
No transfer Of said capital stock shall
Do binding upon this corporation unless re-
corded on the books thereof and made pur-
>Hant 10 and in accordance with its char
ter and bylaws
ARTICLE The business and affairs Of
TINS corporation shall he managed and con
thtouel 10y. ana the corporation powers
ther"of shall be ve~ter in and exercised bv
a board of 1--WE directors to be elected from
among the stockholders Of the comna.y
hrre directors present i'm person only
tion OF all business OF The cornoratIon II
ShaIi be lawful for any member OF said
board absent from the city Of New Orleans
10 vest idlI power In any other director
pL'NehI IN SAID city To vote and act for him
81 any and all meetings OF the board OF
ARTICLE vII-Tho officers Of said cor.
porai lon shall consist Of a President. a Vice
President. a Secretary and a Treasurer. The
oHlceS or Secretary and Treasurer NAV he
heId by the same person. The board Of di.
TtcI"rS may vest the ordinary conduct of
the anairs OF said corporation in a manager
who may, At the same time. he any OF the
foregoing officers
- ARTICLE. NII-Tntil the first Monday in
der, 1914. or until their successors
are elected and qualified the following
named persons shall constitute the hoa I'd
OF directors or said corporation Edwin W
Army nr; Henry V. Army. Fahius c. God
Army. with said Edwin w Arney as PreSi-
dent and Manager, FabiuS G. Godhold as
Vice President and W 4 Hatkinson as
Secretary and Treasurer.
ON the first Monday in November 1914
ana annually thereafter. a meeting Of the
stockholders Of said corporation shall be
held at its domicile for the purpose o Z
electing directors for the ensuing year. Said
election shall he by ballot: each share Of
stock shall be entitled to one vote and the
majority vote shall control.
Failure from any cause whatsoever 70
hold said annual meeting or to elect d.
rectors at the appointed time shall not dis
solve the corporation, but the directors and
officers then in once shall hold over until
and qualified
Except as otherwise provided bv law. all
meetings OF stockholders for the election of
or for any other purpose shall he
given in writing by the secretary ar least
ten days prior to the date fixed for said
meeting and shall he either delivered per
sonally 10 the stockholders or mailed to each
one or them. addressed 10 his last known
place OF residence. Anv notice required bv
this charter or nv the law 10 be given
may be waived by any stakeholder in writ
ing.
ARTICLE VIII-ImmpdiatpIy upon the
election Of the board Of directors annually
they shall meet and select from their own
number a president. \ vice president and
secretary. and from among themselves or
from among the stockholders a treasurer
said board shall have the power TO appoint
such other agents and EMPLOYEES and TO en-
act such bylaws. rules and regulations as
duct Of the business OF the corporation. In
case OF vacancy on the board Of directors
or among the officers. the vacancy shall be
filled by the remaining directors
ARTICLE IN-EHcept as otherwise pro.
vided by law. this charter nav be amended
or altered. and the corporation may be dis
solved by a vote Of twO-thirds in amount
OF the capital stock present or represented
pccially for that purpose provided that in
order TO dissolve the corporation at least
twO-thirdS Of the entire capital stock must
he present or represented Mt said meeting
Upon the termination Of this cha rter nv
limitation or upon dissolution Of the cor
DOratiOn under the terms Of this charter
its business and affairs shall he iquidated
nv two commissioners elected nv the stock
holders at a general meeting called for that
purpose. Said commissioners shall have the
entire charge OF the liquidation. with au-
thority to sell' and dispose Of the assets
~ the corporation and in case Of the death
or resignation Of commissioner during
the terms OF his duties. or in case OF his
failure or refusal 70 act. the remaining
commissioner shall declare the ONCE vacant
and shall proceed with the liquidation.
ARTICLE X-No stakeholder shall ever
10 held liable or In any manner RESPONSE
hle for the contracts or faults Of the cor
poration beyond any unpaid balance that
may he due to the corporation on shares OF
stock subscribed for nv him nor shall any
mere informalitv in this act or IN the or
OF this company have the effect
Of rendering this charter null or Of expos
ing stockholders to any liability beyond such
unpaid balance.
Appended hereto IS the original stock
Of said corporation.
Thus done and passed in nv ONCE at the
CITY Of New Orleans. on the day. month
and year first herPinahove written. in the
OF George W. SchweitZer and X. r.
Ramos. competent witnesses. who hereunto
sign their names with said appearers and
me. notary. after due reading of the whole
G. T.. Army. fOrty-two shares Wallace A
one share Edwin w Arnv one
share: Henry v Army. forty-two shares
Cper F. W. Arny): Elizabeth s. Godbold.
fOrtv-OnA shares 70 authorize nv wife F.
G. GodboId. +. G. GodboId ono share.
Geo. W. SchweitZer
Robert r. Ramos
ALEXIS BRIAN.
NOTARY Public.
I. the undersigned deputy recorder Of
mOrtga ges. in and for the parish OF Orleans
the foregoing act Of INCORPORATION Of the
"DICKY BIRD COMPANY was this day
duly recorded in nv ONCE in book 1119.
New Orleans. Ia. October 16. 1913
EMILE LEONARD. Deputy Recorder.
| hereby certify the foregoing to be
true and correct copy of the original char
fer and of the certificate of the deputy re-
corder thereto attached.
New Orleans. La, October 10, 1919.