The herald., 1920-07-15
John St Paul. Jr.
tSirnrdJ FRED &. MARX,
AMENDMENT TO SILICA BRICK COM.
PANY, INC.

July S-Aug. l..
AMENDMENT TO SILICA BRICK COM.
PANY. INC.
United States of America. state of Lou.
isiana Parish of Orleans. lie IL known
that on this 2nd day of the Month uf July
i'm the wear of our Lord one thousand mn,
hundred and twenty, and OF the lnd''
ppudence of the United States of America
the one hundred and forty fourth, before
me. Watts X. Irvcrich, 4 Notary ruin,
duly commissioned and qualified, in and
for the Parish of Orleans. therein residing
and in the presence OF the witnesses mere
matter named and undersigned. personally
came and appeared Charles Bacharach ana
John W Phillips. both residents of the
city of New Orleans, State of Louisiana
and both of age. herein appearing IN their
respective capacities. a. Chairman and
Secretary of meeting of the stockholders
of the Silica Brick Company. Inc, "a
corporation organized by act before Fred
erick Adolph, a Notary Public of the Par
ish of Orleans. on the 18th day of Decem-
her, 1918. recorded in the mortgage OFFICE
for the Parish of Orleans in Book l222
folio 6SD held ON the nth day OF June
1870. at the domicile of the Company in
the City of New Orleans. pursuant to the
call of the Board of Directors aud unan
imOus consent of all the stockholders,
Who declared that at the said meeting
of the stockholders of the said Silica HEiCk
June. 1920, as appears from the certified
copy of the Minutes of said meeting, here
to annexed and made part hereof. it was
unanimously voted by the entire OutStand
ing capital stock of said Company {,
amend Articles |, ". VI and VII Of tn,
charter of said Company. 50 that the sam,
should hereafter read and be- as follows
tO-wit:
ARTICLE 1.-The name Of this cOrpOr
alton shall be American Brick Company
Inc. aud under such name il shall have
power and authority to contract, sue and
he sued: to make use of a corporate -"
and the same to alter and break at plea.
sure: to hold. receive. have. buy, purchase
ALLEVIATE. convey, sell mortgage. pledge
hypOthecate, rent or lease property. real
personal or mixed TO name and appoint
such officers. directors, agents and en-
plOyes as the interest and convenience
| said corporation may require; To make
and establish such bylaws. rules and reg
uatiOnS for the proper management of it,
affairs as may be deemed necessary and
proper. and the same to alter and change
at pleasure: and generally to have such
powers and rights as are permitted under
| the law and as are necessarily incidental
or convenient for carrying out the obliga.
! tons and purposes of said corporation a.
herein established.
ARTICLE 4.-"The authorized capita
stock of this corporation is hereby fixed
at Fifty Thousand Dollars $3.50, OOOOOD al
common stock, divided into Five Hundred
(J0O) shares of the par value of One Hun
uTeu tNlUUUbD lOlldTS tAt0, ana fHtN
Thousand Dollars (SJ0.OOO.OOD of preferred
stock. likewise divided into Five Hun
dred 5000 shares of the par value of One
Hundred Dollars 100000 each. Each
Two Hundred Fifty Thousand Dollars
$3.50 900 0O). The holders of the preferred
stock shall be entitled to receive by pref
erenre and priority over the common stock
dividends, at the rate of Ten 10) per cent
per annum, cumulative from and after
July l. 1920, payable semi-annually on the
first day of January and July of each year
before any dividend is paid upon the com
mon stock. Should the net profits for
any year be insufficient to pay said pre-
ferred dividend. or any part thereof any
unpaid portion shall become charge
against the net profits of the Company
profits before any dividend is paid upOr
the common stock. after the payment of
all accrued dividends upon the preferred
stock. the common stock shall be entitled
TO dividends at the rate of Ten C0) pc
cent per annum. After the payment {
such dividends at such rate to the common
stock, the surplus earnings of the company
available for dividends shall be distributed
equally among the preferred stock and the
common stock, all stockholders sharini
alike. In the event of liquidation or dis
solution of the Company or distribution
of its assets, the preferred stock shall be
paid in full by preference and priority
over the common stock up to its capital or
par value plus accrued and unpaid dlvi-
=, y.
cent per annum, before any amount shall
be distributed among the owners of the
common stock. Should there be any
surplus then remaining the same shall
be first applied to the common stock up Il
its capital or par value, plus dividends at
the rate of ten (lO) per cent per annum
and should there then remain any fur
ther surplus, the same shall be divided
among all the stockholders, preferred and
common, share and share alike
Both preferred and common stock shall
vote upon an eqalfty, each holder of
share of stock, whether preferred or com
mon. to have one vote.
| ARTICLE 6.-An the corporate DOW
| erS of this corporation shall be vested III
and exercised by Board of Directors e
be composed of not less than five or NOR,
than nine Directors. The number of hi.
rectOrs shall be determined at the annua
meeting of the stockholders, but may b
| changed ut any special meeting of tn,
| stockholders, properly convened for that
purpose. majority of the directors /
| office shall constitute quorum for tn
| transaction of business. In intervals he
| tween meetings of the Board of Director,
all the powers of the corporation may b,
vested in and exercised by an eXecutil
committee of not less than three or NOR
than five directors, to be appointed by tn,
| Board of Directors.
THE following named stockholders shall
constitute the Directors of the Compan,
until their successors are elected and dual
flied: Frank Bowers. D'Hemecourt and :
Mnrat Streets, New Orleans; William GrOh
DIlemecOurt and S. Murat Streets, New
Orleans; John W. Phillips. 226 Cam
street, New Orleans; Charles Bacharach
GIG st. Charles Avenue, New Orleans
William Edenborn. 305 Baronne Street
New Orleans; otto Schwartz. Whitne,
building. New Orleans: +. Newton Kearny
5l2 South Peters Street. New Orleans
w j: Carmichael. OF the foregoing ont,
schwartz shall be President Charlie
Bacharach, Vice President. and John W
Philips; Secretary and Treasurer.
GERS herein named shall serve un
vi the next annual meeting of tn
STOCKHOLDERS. on the first Wednes
day In December. 1920 or unit
their successors are elected and quail
neg; me annual meeting Of the stock
holders for the election of Directors an,
transaction of general business shall h.
held on the first Wednesday in Decqmbe
OF each year. Due notice of all stock
holders meetings shall be given by deIiy
trlhg the same TO each stakeholder, or b-
ueposltlng 1t in the postOffice. addresse,
10 each stakeholder at his, or her. Las
known postOffice address, or if none M
known, then to General Delivery. AT New
prieahs, Louisiana, at least fifteen day,
neIore the date OF such meeting. TpoI
erection Tor Directors, as on all other mar
terS, each share OF the outstanding stoct
Whether preferred or common shall he on
ltled 10 one vote. Any vacancy occurrin,
IN me Board of Directors shall he fiIIa,
py the remaining Directors. even thoupI
no quorum then remains. unless and unti
meeting of the stockholders is held =,
III the vacancy or vacancies Ar an,
meeting OF the Board of Directors an;
director absent from the meeting NAV n,
represehted by any other Director, VIII,
may cast the vote of the absent nirac,,,
according TO the written direCtionS aitba,
| general or special, of the said absent m
Ftclor Inc Board of Directors shall elac