The Alaska citizen., 1915-04-26

approved March l3, lSS3, provided that corporations formed in the State of Nevada and under it's law may consolidate upon tle written con sent or request of the holders of three fourths of the stock thereof, filed with the secretary of the cor poration. which shall be evidenced by a certificate under the corporate seal of the consolidating corpora tions, signed by the secretary and president of each, reCiting the act sought to be accomplished and the property sought to be conveyed, to- gether with the name of the receiv- ing corporation. which said certifi- cate must be filed in the office of the secretary of state. none of which was done.
 That he, the said de JouInel. had been informed by Honorable Brodi- gan. secretary of the State of Ne Yada. that no other documents had been filed in his OtLCe except the original articles of incorporation and the certificate of amendment chang ing it's name. the latter filed on Oc- tober Sth. 1910, and that therefore there had been no consolidation in law or in fact and no attempt made to comply with the statute in any respect and there was not even an ostensibe consolidation hereunder.
 STOCK SALE VOID.
 S.-That he. the said de Journel believed that the pretended sale of the stock of the Washington-Alaska bank of Washington to the Fair banks Banking company was ultra wires and void, for the reason that the minute books of the two corpora tions show that such sale was made knowingly by the stockhold CTS of the Washington-Alaska bank of Washington. directly to the Fair banks Banking company, and that Section 43 of Chapter 19l of the General Laws of Nevada, approved and effective March 24, 1909 provid- ed that no bank or trust company, etc. shall invest any of it's funds in the stock of another bank or trust company. nor be the purchaser or holder of any shares therein, and the said pretended sale so made on the 18th day of September, 1909, was four and one-half months after the said statute had come into ef feet. and that the statutes of the State of Washington have a like lOrDllClnS clause.
 Said de Journel also stated to me that he believed that the at tempted sale was further void and of no force and effect, on the furth- CT grounds that it was a plain vio- lation of Section 8, of the Federal Antitrust Law of July 2. 1890. 26 statute at large. 209, and that there fore Parsons, Schram. Webster, and tie Washington Securities company, who were seemingly the stockhold- CTS who received $250,000 taken out of the depositors money of the Fair banks Banking company, were ac- countable to the receiver of the Fairbanks Banking company for same. and that same could be re- covered if suit be brought prior to the extinguishment of the remedy by force of the statute of limitations, that is to say in September, 1915 That interest could also be recover ed upon the said moneys from the said parties, at the usual rate of interest, from the 18th day of Sep tember 1909, that is to say, for five and one-half years.
 MAY REGAIN FUND.
 1O,-That upon the grounds that LHtIt "dS uO Ndliu Sctlt ol tiit otliu stock by the owners thereof, Par sons, Schram, ct al, to the Fairbanks Banking company, and that the said parties were still the owners there of. it followed that the said Par sons, Schram, ct al, were liable to the Washington-Alaska bank of Washington and it's creditors for the superadded liability provided for b1 cit Yl1t tnc n wherein in Article 12, Section H. of tLe constitution of that state, adopt ed in 1889 it is provided that each stockholder of any banking corpora ton shall be liable for all debts of such corporation to the extent of the amount of their stock therein at the par value thereof. in addi- tion to the amount invested in such shares, which said provision of the constitution is repeated in the Banking Act of Washington (Rem ington X Ballinger's Amended Code, Section 3698) and that the constitu- tional and statutory provisions were in force at the time of the trans action alleged.
 n-That l have never before been apprised by any attorneys heretofore employed, that such sums of money might be recovered from the said Parsons, Schram, Web- ster and the Washington Securities company, or at all l then looked into the matter as much as it was in my power so to do, and upon be ing further informed that there were only few months left where. in such action could be brought, and after having read myself the provisions of the statutes herelnbe- fore mentioned, and there being no time left to correspond with the court back and forth as entering such action necessitated the puDllca- ticn of summons in this district and the entering of actions in the State o. Washington, and the condition of the trail being threatening, l changed my mind about remaining Outside and brought said de Jou1nel to Fairbanks and before this honorable court to present the mat ters to the said court and have same passed upon.
 NEW ATTORNEY NEEDED.
 l2-That there were heretofore in this case, six attorneys successively appointed by the three judges of the Fourth judicial division, and all of them successively resigned; that their resignation was due as l verify believe. first. to the uncomfortable situation in which they were placed by the influences and factions ere ated by the opposed interests in the matter of these bank failures: sec