The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-12-11
BLACK BEAR OWNERS
GET ASSESSMENT BACK
ALSO SOME INTERESTING INFoR.
NATION REGARDING COM.
PANY AFFAIRS.

On tne udy tndt the optlou Was given
Mr.. Shelton for a majority of the
stock of the Black Bear Mines COM
pany, letter was mailed to the
stockholders by l.. l.. Brainard, secre-
tary of the company, and H. J. Rossi
and A. d. Wallace, who the district
court held were Illegally elected direc-
tors. This decision is now on appeal,
and in the meantime Messrs. Brainard,
Rossi and Wallace are continuing
their fight against the Bernier man
agement and the allowance of the Ber-
nier claims against the company. The
letter encloses checks refunding the
assessment to those who had paid, the
court having decided that the assess
ment was illegally levied. The letter
dated December /, follows in part:
To the Stockholders.
The enclosed check drawn in your
favor is a refund of the assessment re
Gently paid by you.
ITO other stockholders this will be
official notice that the assessment has
been cancelled.
I'VE are also enclosing you here
with printed statement of the courts
decision in the case Of Bernier against
your company and which will inform
you of the true facts of the judgment
and OF the unconscionable, unjust, IL
legal and unwarranted claim of Ber"
nier, which we, as stockholders, are
fighting.
1--WE have appealed to the supreme
court of the state Of Idaho froM the
judgment entered and feel confident
that we will be able to materially re-
duce Bernier's judgment and save the
stockholders a considerable amount in
addition to what we have already
saved
while the fact that we have appeal
ed to the supreme court automatically
annulled the immediate refunding oil
the assessment, we feel that it is only
fair to the stockholders to return the
assessment at this time in order to
work as little hardship on the stock
holders as possible. In the meantime
the stockholders will, be able to derive
a benefit from their money pending
the determination of the appeal.
"You will observe from the printed
statement of the court proceedings
that the court held that the old board
Of directors, after the first member
resigned, ceased to be board and that
consequently, they had no authority
to fill the vacancies occasioned by
their designations. Following this
Conclusion, the court held that the
assessment was void. At the same
time the court held that Mr.. Rowe
Mr.. Davey and Mr.. Lemieux having
rendered their designations had aban.
doned their Office BY this decision, the
company is left with but two directors
out of five and Mr.. Brainard as secre-
tary- treasurer, and leaving the com
pany in a condition where no officia
business can be transacted until such
time as legal meeting of the stock,
) holders can be held and a new boart
Of directors elected.
J THE following statement will en-
tighten the stockholders as to Bernier''
: unjust claims and judgment:
Salary, January 1st, 1916
to December IL, 1918, at $3.50
per month Qess 35 days that
: we were able to prove that he
worked in the ship yards but
5 for which Bernier claimed
straight time in his suit) )...".-.$510O.O'
Travelling expenses, board
and room (Bernier claimed
D $2097.91 on this account but
we were able to save the stock
holders $4S5.70 on this item).... 1922
Cash advanced and which
was admitted and shown on
a the books of the company and
large part of which was spent
:, for Berniers private bills such
v as telephone, electric light,
q house rent, etct ...............--...... lO55.O
d Total amount of judgment
r (and which is bearing seven
# per cent interest from Octo-
ber 2s) s77672
= Total amount originally
claimed 10y Bernier ...................... S462.9
h Amount saved to the stock
II holders o3o.i
ur,a oh ctoolxholdar is urged to stud