The herald. [volume] (New Orleans, La.) 1905-1953, 1920-08-12
AMENDMENT TO SILICA BRICK COM
PANY, INC.

United States OF America, State of Lou
isiana Parish of Orleans. BE il known
that on this md day of the Month of July
in the year of our Lord one thousand nln'
hundred and twenty, and of the lnde
pendence of the United States of Am-ric;
the one hundred and forty fourth, before
me. Watts X. LCverich, a Notary Publ,
duly commissioned and qualified. in anC
for the Parish of Orleans. therein residing
and in the presence of the witnesses here
matter named and undersigned. personally
came and appeared Charles BacharaCh anC
John ". Phillips, both residents of tho
City of New Orleans, State of Louisiana
and both of age, herein appearing III theil
respective capacities. as Chairman ana
Secretary of meeting of the stakeholder,
of the Silica Brick Company. Inc. {;
corporation organized by act before Fred
eriCk Adolph, a Notary Public of the Par
iSh OF Orleans. on the 18th day of Decem
Der, 1918. recorded in the mortgage office
for the Parish of Orleans, in Book l@22
1920. at the dOmicile of the Company il
the City of New Orleans, pursuant to tn,
call of the Board of Directors and unan
imOus consent of all the stockholders.
Who declared that at the said meeting
of the stockholders of the said Silica Brick
Company. Inc, held on the oath day o
June. 1920. as appears from the certified
copy of the Minutes of said meeting, here
to annexed and made part hereof. il wa,
unanimously voted by the entire outstand
ing capital stock OF said Company Il
amend Articles l, ", VI and VII of tn,
charter of said Company. so that the same
should hereafter read and be as follows
tO-wit:
ARTICLE 1.-The name of this Corpor.
alton shall be American Brick Company
Inc. and under such name il shall have
power and authority to contract, sue and
be sued; TO make use of a corporate SCI.
and the same to alter and break at plea
sure: to hold, receive. have buy, purchase
ALLEVIATE. convey, sell. mortgage, pledge
Ia mot a.p =. r..nF
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
ulationS 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 ana purposes of said corporation a.
herein established.
ARTICLE 1.-The authorized capitaI
stock of this corporation is hereby fixed
at Fifty Thousand Dollars $50 OO0OO of
common stock, divided into Five Hundred
tJOOl shares of the par value of One Hun
dred ($lO0O0D Dollars each. and Fifty
Thousand Dollars (SJO.OOO.OO) of preferred
stock, likewise divided into Five Hun
dred (5OO) shares Of the par value of One
Hundred Dollars (S100.O0) each. Each
class of said stock may be increased to
Two Hundred Fifty Thousand Dollars
(S2JO,OOOOO). The holders of the preferred
stock shall be entitled to receive by pref
eren"e and priority over the common stock
dividends, at the rate of Ten l0) per cent
per annum, cumulative from and after
July !. 1870. payable semi-annually on the
nrst 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-
TERED dividend, or any part thereof. any
unpaid portion shall become a charge
against the net profits of the Company
ana snail be paid in full out of said net
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
10 dividends at the rate of Ten (lOD he
cent per annum. After the payment Z
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 sharing
nix In the event of liquidation or dis
sOlutlon or the Company or distribution
OF us assets, the preferred stock shall be
pald In full by preference and priority
over the common stock up to its capital or
par value plus accrued and unpaid diyi-
dehds, III any. at the rate of ten G0) per
cent per annum, before any amount shall
De 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 mn ia
us capital or par value. plus dividends al
the rate of ten Q0) per cent per annum
ana 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
s sSeTo upon ~ nan an egality, each holder of
mon. TO have one vote.
ARTICLE 6.-All the corporate now
ers Oh TINS corporation shall be vested in
an exercised by Board of Directors to
De composed of not less than five or more
lnah nine directors. The number of hi
rectors shall be determined at the animal
meeting Of the stockholders, but may b
SnahEeI at any special meeting of the
stockholders, properly convened for that
purpose; n majority of the directors il
otilce shall constitute quorum for IN,
transaction of business. In intervals be
tween meetings of the Board of Directors
all the powers of the corporation NAV no
vested in and exercised by an execi,tiy'
committee of not less than three or NOR,
Iran nan i've directors. to be appointed by thu
Board of Directors. "
The following named stockholders shall
constitute the Directors of the Companv
untli their successors are elected and 6uoi
iiled: Frank Bowers D'Hemecourt and s
m Nut streets, New Orleans; William Groh,
u hemecourt and S. Murat Streets. New
orleans John W. Phillips, 226 Camn
street, New Orleans; Charles Bacbaracb
6I28 st. Charles Avenue, New Orleans,
New au,ia mr,o Edenborn: 800 Baronne Street
lBIIiiding, New Orleans: f. Newton Kparny,
d. South Peters Street, New Orleans.
"; j: Carmichael. OF the foregoing Otto
Ra rSar1e shall R;dI be President, Charles
fhlilinS Secretary and Treasurer.
60 AK ilCLE Vl1.-The Directors and Off
t ser herein named shall serve un-
s si me next annual meeting Of the
day in December, 1920. or until
their successors are elected and onaiiI
iled; The annual meeting of the stock-
n ,sn Tor the election Of Directors and
transaction of general business shall a.
held on the first Wednesday in Decembor
SL each year. Due notice of ali stock.
hoIders meetings shall be given nv deIiX
srIng me same to each stakeholder, or by
deposlting IL in the postoffice. addressed
to each stakeholder at ms or ber Ias
known postoffice address. or If nona D.,
SHOWN, then to General Delivery. at NaT
dreams, Louisiana. at least fifteen DAYS
before the date OF such meeting T-non
election for Directors as on oil nshor Spo ~,
Iers, each share of the outstanding stock
Mnether preferred or common shall he on
tI'iep 10 one vote. Any vacancy occurriny
Inv y ' ne poard OF Directors shall be filled
DS tne remaining Directors. even Though
no quorum then remains, unless and nn1ii
q meeting OF the stockholders is held 70
III III, tne vacancy or vacancies AT anv
sg OF the Board of Directors. ann
n Iector absent from the meeting NAV he
represented by any other Diractor pe
may cast the vote of the absent nirac,no
according to the written directions. aitbor
general or special Of the said absent Di-
,etor. Inc board OF Directors shall elect
rom their number President and VI
resident, and they shall likewise elect
,ut NOT necessarily from their number n
Isecretary and Treasurer (who NAV he
,ers anna i H,nh and such other off
, es anu such committees as the BOARD
nay deem necessary Tho Reed bu