The herald. [volume] (New Orleans, La.) 1905-1953, 1914-02-05
THE HER AID

]
| rights, powers and privileges of individual |
| owners thereof; to make loans and advances,
eithSr with or without security of any kind;
! to guarantee and endorse the notes, bonds,
! securities obligations and accounts Of other
| corporations firms and individuals, SO far as
| necessary and proper IN connection with ITS
! business; TO carry on any other business
which under the law it may be entitled to
| carry on which may seem 10 the corporation
| to be calculated. directly or indirectly, to
] effeCtuate the aforesaid objects, or either OF |
! them or to facilitate IL in the transaction of
! its aforesaid business or businesses, o. any |
/ part thereof; or IN the transaction of any
/ other lawful business that may be calculated, !
directly or indirectly, TO enhance the value Of !
! or to render Profitable any OF the company
properties and rights; and generally 20 hold
. and exercise all such incidental powers and
| privileges as relate 10 the objects and pur-
poses hereinbefore set forth. may be
necessary or useful for efecting the said OBJ.
JeCIs and purposes
! Article " OF said charter was amended so
| as 10 read, as follows:
| Article IN-'Au the corporate powers OF
| this corporation shall be vested in and eNer-
| aged by a board Of directors, to be composed
| Of nine stockholders, a majority OF whom shall
! form 4 quorum to transact business, and each
Of whom shall hold in his own right at least
ten 0Ol shares OF the capital stock Of this
corporation. On the third "Wednesday Of
January 1918. and the third Wednesday
! Of January OF each succeeding year, cleo
! ton for The nine directors Of this corpora
ton shall be held at the office Of the corpor.
at1Uu the city OF New orleans, OF WnlCn
| election Al least ten days notice shall be pre-
| yiously given by advertisement in one or
more daily newspapers OF general circulation,
published in the English language, IN the
city OF New Orleans. The voting Tor direC-
tors shall be by ballot and each and every
stakeholder shall be entitled at all elections,
either in person or by proxy. 10 one vote for
each share Of the capital stock OF the COM
pany which shall have been standing in his
name on the company books Tor at least
ten QOJ days prior To the date OF sad cleo
. nj .F. 80 COS FrHao
one vote for each share voted, shall be re
CURED TO elect.
A failure from any cause whatsoever to
hold said annual election, or to elect dlrcC-
/ tors on the date above specified, shall not
dissolve the corporation, but the directors
/ and officers then in office shall hold over un.
tai their successors shall have been elected
and qualified at the next annual election.
Each board Of directors so elected shall
enter upon the discharge OF their duties on
the first Wednesday following their election,
| and at their first meeting shall elect from
their number a president, three vice pTesi-
I dents and 4 Secretary-treaSuTer, who may
4 . but need not be. either director or stock
holder, and the board Of directors shall fix
their respective salaries and define their
duties Ii any officer should die, resign OF
! sell his qualifying stock during his term of
office, the board Of directors shall elect his
successor soon as the vacancy the board
be hlled hereinafter provided.
, III any director Of this corporation shall,
during his term OF office, hold in his
own right at least ten OOl shares of the cap
ital stock OF this company, the board of di-
rectors shall declare his position vacant, and
5 in case OF a vacancy on the board from such,
4 or any other cause, or IN case OF the death Or
resignation OF any director before the end Of
5 his term OF Office. the board of directors shall
fill the same by electing thereto from among
the stockholders one having the proper quail.
IhcatiOns, TO serve until his successor shall
have been elected at the next ensuing annual
election and shall have qualified"
Article V Of said charter was amended so
TO read, follows:
Article N.-'Except as to the increase or
decrease of capital stock, which must be done
in the manner and form required by law,
this act Of Incorporation may be changed,
, modified, or altered, or this corporation may
be dissolved with the assent of two-thirds of
a the stock represented and voting (Which two
A thirds must be majority in amount of the
4 whole of the capital stock of the company
!, then outstanding at any general meeting of
v the stockholders convened for such purpose
r after thirty (50) days previous notice shall
4 have been given by advertisement in one or
4 more daily newspapers OF general circulation
}. published in the English language in the city
4 | OF New Orleans. In event the dissolution OF
i the corporation is voted, the commissioners
1, provided for in Article VIII hereof may be
: elected, il SO desired, at the same meeting at
n | which the dissolution is voted"
! Article VI of said charter was amended SO
|. as TO read, as follows:
Article VI.-"Until the next election for
4 directors shall be held and ,heir successors
v shall have been duly elected and qualified
h the following named persons shall constitute
n ! the board Of directors. and they are hereby
II invested with all the rights and powers there
Il unto belonging, and empowered generally &c
n do and perform, as we'll, all things not herein
/. specially provided for which may be neces
n sary to carry into full effect the objects and
h purposes of this corporation: Lawrence Fa
bacher. Adolph Dumser, Joseph Melcher, An
i. tony Frey, Albert Fabacher, Peter Fabacher
IS John W; Fairfax Lawrence B; Fabacher
Gustave Oertling, with Lawrence Fabacher a:
10 president, Adolph Dumser, Joseph Melchei
and Lawrence B. Fabacher as vice-presidents
n and Gustaye Oertling as secretary-treasurer.'
i Article VII OF said charter was amended Sc
il Article VINO transfer of the capita
,e stock of this corporation shall be binding upor
E, thereof and made pursuant to and in accord
n ance with its charter and bylaws"
ID Article VIII of said charter was amended
= so as to read, follows:
rs Article VIII.-"Upon the termination of thi
/: charter by limitation, or upon the dissolution
s. of this corporation. the business and affairs o
1e the corporation shall be liquidated according
,e to law by three commissioners, who shall b,
e elected from among the stockholders by ballo
to at a general meeting of the stockholders con
ID vened Tor that purpose, alter thirty (3Ol day
n. vertisement in one or more daily newspaper
81 of general circulation, published in the Eng
Ne lish language in the city of New Orleans, an
T. said commissioners, when elected, shall fur
.. nish bond, with good and solvent security
e, in amount to be fixed by the stockholders a
d. the meeting at which the commissioners ar
e. main in Office until the final settlement an
o. liquidation of the affairs of this corporation
d, plurality of all the votes cast at sue
o. election shall be sufficient TO elect, and i
er case of the resignation, death, or failure o
er refusal to act of any one or more of such com
nv missioners, the remaining commissioner o
ut commissioners shall declare the office vacan
n, and shall fill such vacancy or vacancies b
nd election or elections from among the stock
ay holders"
he The whole as more fully appears by tn
ed ~ he minutes of
so stockholders meeting.
And the said appearers having requisite
Tor me, notary, to put the said amendment !
e. authentic form, / do, by these presents, T,
Mt ceive said amendment in the form of TIL
Sc public act, to the end that said amendmef
n. may be promulgated and recorded and thu
r. be read into the original charter passed befoi
or E. X. Skinner, notary public, on the 18th ds
in of June, 1890, as amended by act passed b
lie, fore the same notary on the 18th day of JUL
nd 1891.
alt Thus done and signed, in my office, at Il
ro- | city of New Orleans, the day and da
or herein first above written, in the presen
he Of |. K. Saal and c. A. Miranne, Jr, comp
ais tent witnesses, who hereunto sign their nam
an with said appearers and me, notary, aft
Nv due reading of the whole.
Nv, Original signed: Lawrence Fabacher, G
1se Oertling. /. R. Saal, C. A. Miranne, yr.
ds, ALEXIS BRIAN, Notary Public.