The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-04-20

man, Stockholder of the success MI
ming company, Judge w. w. Woods
of the district court, yesterday issue,
q writ of mandate to the Success Min
ing company, a corporation, e. II
Becker, C. M. Carroll, p. j. Gearon
and James Gearon, directors, and L
C. Wilson, director and secretary o
said corporation, commanding ''yol
and each of you, that Immediately up
on the receipt of this writ you permit
said Franklin Pfirman to inspect, eX-
anime and take copies of any and al
the books, records and documents OF
the defendant corporation.
cor that you show cause before this
court at the court room thereof or be-
fore the judge of this court at cham
bers in the city of Wallace, Shoshone
county, Idaho, on the 10Th day of
April, 1916, at 200 o'clock p. m., why
you have not done So"
The Complaint.
The complaint or petition upon
which the order of Judge Woods is
based was filed yesterday by James A.
Wayne, attorney for Mr.. Pfrman. The
action is the outgrowth of the refusal
of P. ]. Gearon, president and mana
ger Of the Success Mining company
at the recent annual meeting of the
stockholders, to make public or permit
an inspection of the new ore contract
recently entered into with the Grae-
selli Chemical company, which be-
comes operative on May 1. After the
usual form in which the parties to the
action are identived the essence of the
petition is contained in the following
extract:
"Af1iant further alleges that hereto
fore, to-wit: and on the 18th day of
April, 1916, this plaintiff requested
and demanded of the defendant cor
poration, said demand being made up
on the defendant, L. C. Wilson, who
was then and there in charge of the
office of the defendant corporation at
Wallace, Idaho, and as affiant is in
formed and believes and upon such
information and belief alleges the fact
to be, then and there had in his GUS
tOdy and control the books, records
and documents hereinbefore mention
ed, the right to inspect, examine and
make copies of the books, records and
documents of said corporation herein
before described; that the defendant,
l.. c.. Wilson, then and there stated to
ant personally to examine the journal
of said corporation, the stock and
transfer book of said corporation and
the books of account of said corpora
tion but would not permit affiant to
have said books examined by any
agent or any accountant unless such
agent or accountant was approved by
the said defendant, l.. G.. Wilson, but
that as to the contracts of said corpor-
alton and particularly the contract be-
tween said Success Mining company
and the Graeselli Chemical company
and the reports of engineers, the de-
fendant, L. C. Wilson, refused to per-
nit an inspection. or examination |
thereof and refused to permit plain
tiff to make copies thereof; and plain
tiff alleges that the said defendant still
to permit plaintiff to inspect,
examine and take copies of the afore-
said records as permitted by law.
"That the said defendant L. C. Will
son, then and there Stated that the
said contract and the said report of
engineers were in the custody of the
said defendant, p j. Gearon, for which
'eason the said defendant, L. C. Will
son, was unable to grant an inspection
hereof to this affiant. This affiant
'urther states that on April g. 1916,
lffiant was present at the annual meet
ng of the stockholders of the said de-
endant corporation and then and
here demanded of the said corpora
ion and Of it's then officers that the
be permitted an examin-
ltion of the said contract and of the
books and records of the corporation
md that at said meeting of the stock
holders of said corporation the then
ecretary, James f. Howarth, who was
hen in active control Of the said de-
endant corporation and who so affi-
mt is informed and believes and upon
uch information and belief alleges the
act to be, is now secretly in control
If the affairs of the said corporation,
in open meeting of the
tockholders of the said corporation
hat the said corporation would
lot permit any inspection of the
aid contract or of the affairs, books s
nd papers of the said corporation and ;
he said defendant, p. j. Gearon, who {
vas then and now is the president of {
he said defendant corporation, en-
orsed the remarks of the said James {
!. Howarth and stated that the de. /
endant corporation would not permit {
ny inspection of the said contract ]
nd the said statements were &C I
uiesced in and endorser by the en- G