The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-04-05

company from holding the annual
meeting of stockholders, which was
scheduled to be held in this city last
Monday, April 2, on application made
by Franklin Pfirman and his wife,
who own 10.100 shares of stock in the
company The application for in
junction was made direct by Mr.. Pfr-
man to the supreme court at Boise,
but that body declined to entertain IL
on account of pressure OF business
already before the court, whereupon
the application was made to Judge
Woods, of the district court, by James
A. Wayne, attorney for Mr.. Pfrman.
The order of the court is made re-
turnable on April 7. The court is
asked to restrain the company from
holding the annual meeting until final
determination of an appeal now pend
ing in the supreme court in which
Mr.. Pfrman is seeking writ of
mandate to compel the officers of the
Success company to allow him to in
spect the records and books of the
company.
Move to Dismiss Injunction.
The stockholders of the Success
Mining company met Monday and ad-
iourned until the following day. In
the meantime Judge ]. f. Ailshie, at
torney for the Success, presented an
application to dissolve the injunction
to Judge Woods and requested a
speedy decision to enable the COM
pany to meet at the time scheduled
in the event the application for dis
solution was granted.
The motion of defendant was based
on the following grounds:
/, That the complaint ON which
alone the injunction was granted does
not state facts sufficient to authorize
or Justify the granting of said order
or writ of injunction.
2. That said order or writ of in
junction purports and does tend to
suspend the general and ordinary bus
mess of a corporation, and was issued
without notice, and that no notice of
application therefor was ever made.
3. That said complaint discloses on
It's face that a proper case is not made
authorizing or justifying restraining
corporation from holding an annual
stockholders meeting, and that 1t
shows on it's face that all the facts
pleaded and complained of have ex-
listed for a long period of time, to-
wit: about one year, and that no
charge is made that any stakeholder
lawfully entitled to vote will be eX-
Guided from voting, or that any per-
son not entitled to vote will be per-
mitted to vote.
A. That it does not appear that the
plaintiffs could elect any director, and
1t does not appear that any other
stakeholder complains or would join
plaintiffs in said election, or desire to
do so.
This motion and application is made
on the same papers and showing on
which said order and writ was issued
to-wit: on the complaint of the plain
tiffs on file herein.
Motion Denied.
Replying to the request for a quick
decision, Judge Woods stated that he
desired to give the application of Mr..
Pfrman as well as the motion just
submitted more careful examination
than he had done, and intimated that
decision might be expected the fol-
lowing day. Tuesday morning the
,yin ha
ton to dismiss the injunction. Arsa-
ment on making the injunction per-
manent, or until the decision of the
supreme court in the case. now pend
ing, will be heard next Saturday.
The case brought by Mr.. Pfrman to
compel the officers of the Success
company to permit him to examine
the books and records will be heard
by the supreme court on April IL.
Success Meeting Postponed.
Following the announcement of
Judge Woods decision denying the
motion to dissolve the injunction, the
stockholders of the Success company
met and adjourned until December H.
The Application for Injunction.
In the application for injunction
filed by Franklin Phrman and his
wife 1t Is alleged that the officers OF
the Success Mining company have
Issued false and misleading reports
regarding the property, refused tt
permit stockholders to examine the
books of the company, and that they
are attempting to perpetuate them
selves in control of the property.
The plaintiffs in the case are own
ers of record Of 10,100 shares of capita
stock of the Success company The!
allege that as stockholders they arr
entitled to inspect, examine and maxi
copies of any and all records OF thu
company 1t is also charged that un
der the present ore contract with TIL
Graeselli Chemical company the Sue
cess company can not operate its prop
erty and market it's product at profit
even under the most favorable marke
conditions which have prevailed sine
the latter part of 1914.
Custer County Mine