Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-08-18


All votes cast upon stock owned or
held by the defendants shall be sepa-
rately reported at the meeting
The decree also sets forth a copy OF
the resolution to be sent by the mas
ter 10 eacn stakeholder in calling the
special meeting, and embodies COPY
of the resolution that snail be voted
upOn by the stockholders. The vot-
ING shall be BY ballot. No shares shall
be voted that have been transferred
on the books within twenty days or
the meeting. The stock books OF inc
company shall be open at all times
to the stockholders Of the company OF
their Representatives.
A form OF proxy that shall pc
used at the special meeting also -
sci forth in the decree. ms VIII
necesstate all stockholders who de-
re 10 give proxies TO use the speclei
form prescribed In the decree. haoh
ballot case shall contain a copy OF
the resolu ion voted on, signed by
the stakeholder or his representa-
tive who votes u, 800.
The master shall report me h~lles
to Judge Thompson OF stochhoiuels
and holders Of proxies who VoOe y.
eho meeting. and the number OF
sbares vo ed by each. ana aiso snall
submit all ballots and proxies 70
.Iudpe Thompson at the CONCLUSION %
the stockholders meeting.
A the master IS required 10 report
senarate,v the stock voted by the ae-
fcndan.s in the case. and also tho
voting of stock that may DO held Dy
or for the company as hohus SUR ~
will leave the way open Tor the pla'u
tiffs. should the meeting vote not 70
purchase the stock, To attack st.o
boting OF such stock when the master
makes his return to judi thompson
Robert Pennington, Of counsel ior 'ne
plaintiffs, today said he knew OF no
legal steps that might be taken 70 try
to prevent the holding Of the stockhoid'
ers' meeting He pointed out that under
the decree the way Is lett open TOT enc
plaintiffs, if they should deem it nece9'
sary, 20 question before Judge IhomP'
son. after the master makes bis report
the right Of certain stock held by ths
defendants and Of bonus stock TO DC
counted
. The decree entered in the case is as
follows;
In the District Court OF the United
States for the District Of Delaware.
"In Equity.
philip Il. dupont a citizen and IN
habitant OF the State Of Pennsylvania
and residing therein Complainant, VS.
pierre S. DUPONT. Irenee DUPONT
Lammot dupont, Alexis Felix dupont
John ]. RaskOb. Robert Rulith Nor
gan Carpenter. Henry Il. DUPONT, Eu-
. gene e. DUPONT, william Coyne, Harry
G.. Haskell. Harry f.. Brown, John p
, Laffey, citizens and residents Of the
State Of Delaware, 70. l. DUPONT dc
=, Nemours and Company and DUPONT
! Securities Company, corporations or
ganized and existing under the laws
-. Of the State OF Delaware, aud citizens
I and inhabitants Of said State. and ID
/. dupont de Nemours Powder Com
pany, a corporation organized and OK
. listing under the laws OF the State o
y New Jersey, and q citizen and inhAhi
y tant OF said State, Defendants
y "rhis cause came on to be hear
Z, at this term and was argued by cour
~ sell; and thereupon. upon considers
ton thereof. It was Ordered, Adtudge
y and Decreed as follows;
y 81. That the purchase on the
- own BEHALF from T. Coleman duPol
of the SO 314 shares OF common stoc
and 14599 shares OF preferred stOc
of the h. ]. dupont de NemOurs Pow
~ der Company by Pierre 8. DUPONT an
his associates, Ireneo DUPONT, Ian
mot dupont. A. Felix DUPONT, John
Raskob, Robert Rulith Morgan Ca
" penter. Harry G.. Haskell Harry
Brown, William Coyne. John p. La
Il fey and DUPONT Securities Compan
l. some OF whom participated at "a
70 time Of the purchase and others b
" came afterwards interested In III
'e purchase, was in violation of the dl
ie ties which said Pierre s. DUPONT an
- his associates owed TO 10 J. duPol
~ de NemOurs Powder Company. and
fraud Of the rights of said corporl
"a ton.
k q. That dupont Securities Con
BIZ pany, which was organized by sal
'r Pierre S. dupont and his associat,
% for the purpose Of financing the pu
W chase Of said stock. acquired the sam
y subject 10 the rights OF %. l. dl
~ POnt de Nemours Powder CompaI
'e thereto
ed "S. That the act OF Pierre s. d
az Pont and his associates in acQIirii
10 said stock on their own behalf hi
'r- never been ratified or condoned
ne such a manner as 20 vitiate the RICH
Of e. l. DUPONT de Nemours Powd
.a Company.
py "A. That at the time OF the pu
OF chase Of said stock by Pierre s q
TX Pont and his associates and at
ia times subsequent thereto, the 70
DC DUPONT dc Nemours Powder Compa
tly was authorized to purchase all OF I
.ed aforesaid stock and had on hand fun
lrS sufficient 70 enable & legally 70 ma
he such purchase.
Ing 20. That the stockholders OF r.
ler dupont de Nemours and Compa
CHI have the right to determine whetl
lad said Company shall acquire and
md ceive the GS,314 shares OF the comm
ed. stock Of T. ]. dupont de Nemol
ro- Powder Company purchased by
ion defendants from T. Coleman duPC
be carrying with the same the 1876,
shares OF the common stock of L
zed dupont de Nemours and Company
di- ceived as a dividend thereon. toget
,lic with all other cash. stock and b'
The dividends or the proceeds or value
has such other stock and bond divider
adj with interest or income thereon. p
TO or realized by the defendants
me the 63.314 shares Of the common a.
ion OF b. !. DUPONT de Nemours Pow
ion Company. and the 126 62S shares
ion the common stock of Z. l. DUPONT
the Nemours and Company, less 81
2 sums Of money. with interest. as W
PAID by the defendants for the 2