Evening journal., 1917-10-10

StdnllNliN IN lNc lulluNluA AViAts va"
Then follows the form Of the notice.
"*s" 16. That the Special Master
shall receive the votes by ballot, each
ballot 10 contain a copy OF the reso-
luton voted on. the number OF shares
voted and whether for or against the
said resolution, and shall be signed
by the stockholder voting or his re
preventative and said Special Master
shall report 10 this Court the names
Of the said stockholders. the number
of shares held by each the names OF
the stockholders who shall vote at
the said meeting, in person or by
proxy, returning the said proxies and
ballots to the Court and the number
Of shares voted for or against the
adoption Of the said resolution by
each stockholder.
THAT on the Sth day Of September,
1917. the Special Master mailed TO
each stockholder I'm accordance with
the Decree OF the Court the following
notice:
NOTICE
ITO THE STOCKHOLDERS OF
THE e I. DUPONT DE NEMOURS AND
COMPANY:
I'm the suit of Philip f. DUPONT
and others against Pierre s. DUPONT
and others, No. $40 in Equity, I'm the
District Court OF the United States
for the District OF Delaware. the
Court has filed a decree, a copy Of
which Is enclosed. finding that the
purchase on their own behalf from T.
Coleman DUPONT Of the 63,314 shares
OF common stock and the 1889
shares Of preferred stock OF the e. I.
DUPONT de Nemours Powder Company,
by Pierre S. DUPONT and his associa-
tes lrenee DUPONT. LammOt DUPONT,
A. Felix DUPONT, John j. Raskob.
Robert Rulith Morgan Carpenter,
Harry G. Haskell Harry +. Brown.
William Coyne. John p. Laffey and
DUPONT Securities Company. some Of
whom participated at the time OF the
purchase and others became after
wards interested in the purchase, was
in violation OF the duties which. they
owed to the Powder Company, and
in fraud OF the rights Of said cor
poratiOn that DUPONT Securities Com
pany. which was organized by Pierre
S. dupont and his associates for the
purpose of financing the purchase of
said stock, acquired the same subject
to he rights Of the Powder Company
thereto; that the act OF Pierre s. du-
pOnt and his associates in acquiring
said stock on their own behalf has
never been ratified or cOndOned In
such a mauner as to vitiate the rights
Of the e. l. dupont de Nemours Powder
Co., and that at the time of the pur
chase OF the stock by Pierre s. dupont
and his associates and at all times
subsequent thereto, the Powder Com
pany was authorized to purchase all
OF the said stock and had on hand
! funds sufficient to enable il legally to
make such a purchase.
"The Court also found. that the
4 stockholders OF E.. l. dupont de Ne
mours and Company have the right To
determine whether the said e. l. du-
Pont dc Nemours and Company shall
= acquire and receive the 63,314 shares
g of the common stock OF f. l. dupont
de Nemours Powder Company pur-
Q chased by the defendants from T
Il Coleman dupont. carrying with the
{ same the 126 62S shares OF the common
r stock OF T. J. DUPONT de NemOuri
j and Company received as a dividend
- thereon together with all other cash
]
ceeds or value of such other stock
d and bond dividends, with interest OF
: income thereon, paid to or realized
by the defendants on the 1914 shares
OF the common stock OF y. /. DUPONT
de Nemours Powder Company and
the 12G CPS shares Of the common
stock OF e. I. dupont de Nemours and
Company, less such sums Of money
/ with interest as Were paid by the de-
/ PENDANTS for the purchase from T.
! Coleman DUPONT of the 63.314 shares
OF the common stock OF E. /. DUPONT
/ de Nemours Powder Company and the
1889 shares Of preferred stock of
said Company. after crediting on the
amounts so paid by them such amounts
as may have been received by the de-
/ PENDANTS from a sale Of said preferred
stock purchased as aforesaid from T.
! c. dupont. of the proceeds there
1 Of. with interest, the exact figures. to-
/ gether with the proper calculations
of interest thereon TO be ascertained
by an accounting TO be taken under the
direction of the Court and less any
sums for expenses connected with
said purchase which may be allowed
I by the Court on such accounting.
"Bv statements filed by the defen'
| dants in this cause, IL appears that
there was purchased from T. Coleman
dupont G3 .3l4 shares Of the common
stock and 1859 shares of the preferred
stock of the T.. / DUPONT de Nemour'
Powder Company. at the price OF Sl3,
| 0O3 1880. That Interest ~ the amount
paid for said stocks. at 6 per cent. frcm
/ the time said stocks were paid for Z,
/ May !. 1917. amounts 20 the sum OF
/ 81 SOS. 1896. Total OF principal and in
terest. as of May T. 1917. Sl5, 5,T0S. .SSO66
"lt further appears that there has
been received by the defendants since
the purchase Of the stocks aforesaid as
a dividend on the common stock OF
r T.. J. dupont de Nemours Powder CON-
e pany purchased from Il. Coleman du-
n ront, l26h2s shares of tho common
81 STOCK OF r. T. DUPONT de Nemours and
oSwpany, and certain preferred stock
Ine Atlas Powder Company.
us ~ iuIlher appears. from said state.
W ,Snes' o.' mat the defendants have re-
eu since the purchase OF the common
vs. anu T preferred stock from N CoIa,,,o-
54o -"' u". aforesaid in cash from, di,-;s;c,,,
the upon uie b33l4 sharas OF tbo ,,,,.'.-
Ia stock and 1850 shnrea os So,,'iilol
lis StocS OF the Il. I. dupont de Ne,,a,' Nro,, y
He'd Io"9sI Company; from dividends ,.l
no. the l26,62s shares Of common -. upo
f. !. dupont de Nemours ana 'SS ~.
her pany; from the sale Of the MN IN
,m- stock OF the Atlas Powder Com. mn y. n
the from sales OF tho l4599 shares of rs
,re. fered stock Of the + !. dupont d X,
OK mows Powder Company. and from I,
,et. sale of certain Anglo French bonds
nd ceived as dividend on thc l28 69s sba,
'Ao ~ tho cofnrnon atocl- .r Il -,