The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-09-04
BLACK BEAR DIRECTORS
ISSUE ANOTHER LETTER
RESULT OF INJUNCTION SUIT.
DIRECTORS oUALIFIED--
PROXIES WILL DECIDE.

The fight between the directors of
the Black Bear Mines company and
Peter Bernier, the president, for con-
troll of the company goes merrily on.
Letters to the stockholders have been
issued by both parties to the contro-
versy. The Miner would be glad to
keep its readers informed fully of the
contention of both, but unfortunately
this paper has not been favored with
copies, of the letters giving Mr.. Ber-
niers version. Assuming that the
references to Mr.. Bernier's letters,
made by the directors in their COM
munications to the stockholders are
correct, the publication of letters from
the directors seem to make the issue
quite clear. One of these was pub
lished in the Miner two weeks ago
Since that time one or two letters
have been issued by Mr.. Bernier,
which have drawn out another signed
by Herman j. Rossi, A. d. Wallace and
is too lengthy to reproduce in full. but
the following extracts will fairly dis
close the lines Of direct and counter
attack:
The Injunction Suit.
at has again become necessary for
us to place the facts before you in
ri IN l., nly Not w how
waited since August %, when Ber-
nier's suit to enjoin us from selling his
stock for on-payment of his assess
ment was heard. in order to let him
tell you first how he won a great le-
gal victory, saved the stockholders
from ruin and the property from
bunch Of Shylocks, He did more
than we thought and has written you
twice about it. In each letter he told
different story.
ut is now incumbent upon us to
tell yoa what really happened In
the first place the suit is entitled,
Peter Berner plaintiff, against the
Black Bear Mines Company, a cor
poraton, Fremont S. Rowe, F., J. Da-
vey, S. d. Lemieux (the three old di-
rectorsN, Herman ]. Rossi, A. d. Wal
lace and l., l.. Brainard (the new di-
rectors) defendants, You will notice
from the title of the case that it is
personal suit of Bernier against your
company (and this means all it's
stockholders which is you) and your
board of directors He tells you that
he is suing the company to prevent
us from selling all or any of your
stock for the non payment of this as
sessment. The suit has nothing to
do with any stock but Berners, He
is trying to prevent us from selling
his stock. Not yours.
"On the END the case came up for
should not be issued Bernier and his
attorneys at the opening of the case
attempted to have the hearing post
poned. We resisted this unnecessary
delay and the court refused his ap-
plication. The case was heard and
at it's conclusion the court refused to
give Bernier permanent injunction,
but continued the temporary re-
straining order until September 25,
when a full trial of the case on Its
merits will be had. In the meantime
the court required Bernier to put up
double the bond he had on his first
showing. The court also at our re-
quest has consented to pass on the
claim of Bernier against the COM
pany for alleged salary, expenses and
travelling expenses at the hearing on
September 25. The foregoing is. a |
summary of what took place on the
22nd Compare it with what Bernier
says. Bear in mind, Mr.. Stakeholder, |
that this is personal suit of Ber- |
nler's. He is the only plaintiff in the
case and he Is suing you the same as
he is your board of directors. In
spite of that he sends you a proxy to
sign so he can continue to sue you.
Did you stop to think about that's"
Directors Come Back.
Replying to the imputations direct
ed by Mr.. Bernier to the official con-
duct of Mr.. Brainard as secretary Of
the company and the qualifications of
the directors, the letter says:
"Bernier calls Mr.. Brainard con-
,pirator No. l and that he has neg
ected the duties of secretary by not
inquiries. Mr.. Brainard
wants any stakeholder who has not
eceived a reply to any letter or in
JURY to let him know, and brands h
accusation false. Mr..
Srainard admits that he refused to I
all an Illegal meeting of the stock
folders at the request of Bernier. He
lso admits that he was allowed $40
er month by the board as secretary
nut only for three months long
lme ago when the duties of the Of
ce required considerable attention; t
lso admits that he will receive some
ny (but hasn't had a payday for Z
early four years now the meagre n
um of $40 per month for taking care Il
( the books of the company. He Il