The herald. [volume] (New Orleans, La.) 1905-1953, 1920-07-29
T.. Huly.
John 81. Paul, il. AMY
AMENDMENT TO SILICA BRICK COW
PANN. INC.

fAN1s IN
United states of America, state Of Lou
islam. Parish Of Orleans. BE IL know n
th.t ON This md day of the Month Of July
iu fine wear Of our Lord one thousand hlh'
hundred aud twenty, ana "I me lu.'
prudcncc of the United states "l NIH"F'H
no one hundred and fOrty-touTth, before
mn, Watt, X Lcyerich, a Notary tuIll,
duIy commissioner and qualltl"d. IN ana
for the Parish Of orleans. therein r">lHIhS'
and in the presence OF the WITNESSES NJ
iu3firr named aud undersigned. personally
came. and appearrd Charles Eachararh ana
John W. Phillips both residents 81 Ih'
CITY of New Orleans. state OF Louisiana,
and both Of age. herein aPr"3riinI III 'nr nt
respective capacities, a. Chairman anu
Secretary of meeting Of the stockholders
Of the Silica Brick COMPANY. Inc; g.
CORPORATION organized by act before fr"u-
.rick Adoluh. a Notary Public of the Tar
iSh of Orleans. on the 18th day Of llcccln-
her 1915. recorded in the mortgage Office
for the Parish of orleans. IN BOOK -
folio G>D held on the 24tn day OF Juhs
1920 at the domicile of the company IN
the CITY of New Orleans, pursuant TO the
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 2ith day o.
June. 1920. as appears from the certliled
CODY Of the Minutes of said meeting. mere
to annexed and made part hereof, II was
unanimously voted by the entire outstand
ing Capital stock of said Company 10
amend Articles !, ", VI and VII OF the
charter of said Company, so that III" same
should hereafter read and be as follows
to-wit:
ARTICLE 1.-The name Of this corpor-
alton shall he American Brick Company
Inc. and under such name II shall nave
power and authority TO contract. sue and
he sued to make use of n corporate So;
and the same to alter and break at plea
sure: to hold. receive. have. buy, purchase
ALLEVIATE convey, sell. mortgage. pledge
hNpothccate, rent or lease property, real
personal or mixed, to name and appoint
such Officers, directors. agents ana 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 CT IL
! affairs as may be deemed necessary and
| proper. and the same TO alter and chang,
| at pleasure; and generally to have sucl
powers and rights as are permitted undel
| the law and as are necessarily incidental
| or convenient for carrying out the Obliga
| tons and purposes of said corporation al
herein established.
| stock of this corporation is hereby tiNe'
at Fifty Thousand Dollars (SJ0W0.OOl o
common stock, divided into Five Hundred
! (jO0) shares of the par value of One Hun
| dred 100000 Dollars each, and Fifty
| Thousand Dollars (SJ000OOO) of preferred
stock. likewise divided into Five Hun
| dred $500 shares of the par value Of ON,
| hunufeu lOlldTS NSlVOOOj tdNh. lsdA
class of said stock may be increased Il
| Two Hundred Fifty Thousand Dollar,
| $3.50, 0O0O0). The holders of the preferred
stock shall be entitled to receive by pref
erenre and priority over the common stool
dividends. at the rate of Ten tlO) per cen
per annum. cumulative from and afte
July l. 1920. payable semi-annually on tn
first day of January and July of each yea
before any dividend is paid upon the com
mon stock. Should the net profits TO
any year be insufficient TO pay said pre-
ferred dividend, or any part thereof. an,
unpaid portion shall become a charg
against the net profits of the Compan
and shall be paid in full out of said ne
profits before any dividend Is paid upo
the common stock. After the payment o
all accrued dividends upon the preferre
stock. the common stock shall be entitle
TO dividends at the rate of Ten C0) pc
cent per annum. After the payment &
such dividends at such rate to the commo
stock. the surplus earnings of the company
available for dividends shall be distribute
equally among the preferred stock and tn
common stock, all stockholders sharin
alike; In the event Of liquidation or dis
solution of the Company or Distribute
of its assets, the preferred stock shall b
paid In full by preference and priorit
over the common stock up to its capital q
! par value plus accrued and unpaid div
dends. if any, at the rate of ten (l0) .pt
cent per annum, before any amount sha
! be distributed among the owners OF II
common stock. Should there be an
1
be first applied to the common stock up
its capital or par value, plus dividends
the rate of ten (10) per cent per annun
. and should there then remain any fu
7 Their surplus, the same shall be divide
l among all the stockholders, preferred an
common, share and share alike
Both preferred and common stock sha
I vote upon an eqality, each holder of
D share of stock. whether preferred or con
T mon. to have one vote.
] ARTICLE 6.-All the corporate pow
ers of this corporation shall be vested
g and exercised by a Board Of Directors
= be composed of not less than five or mo
y than nine Directors. The number of II
rectOrs shall be determined at the annu
: meeting of the stockholders, but may
r changed at any special meeting of Il
d stockholders, properly convened for tn
II purpose. a majority of the directors
II office shall constitute a quorum for &
: transaction Of business. In intervals b
II tween meetings of the Board of Directo
II all the powers of the corporation may
/ vested in and exercised by an executi
< committee OF not less than three or mo
v than five directors, 10 be appointed by (
Y Board of Directors
"The following named stockholders sh
1 constitute the Directors of the COmpa
lie until their successors are elected and gu;
he flied: Frank Bowers, D'Hemecourt and
Dr. Murat Streets. New Orleans: William Gre
;, D'IIemecourt and S. Murat Streets, y,
III Orleans; John W. Phillips, 226 Car
"a Street, New Orleans; Charles Bachara,
sc GIG 81. Charles Avenue, New Orlear
t William Edenborn, 800 Baronne Sire
!, New Orleans; Otto Schwartz, With
IL Building. New Orleans: +. Newton Kearl
G 5l2 South Peters Street. New OrleaI
IL W; j. Carmichael. of the foregoing o
schwartz shall he President. Char
&c Bacharach. Vice President. and John
IN Phillips. Secretary and Treasurer.
r. ARTICLE VII.-The Directors and Of
m GERS herein named shall serve l
y, til the next annual meeting of
on stockholders. on the first Wedn
or day in December 1920. or nj
ca their successors are elected and gu,
% fled. The annual meeting of the sto
holders for the election of Directors Il
yes transaction of general business shall
u held on the first Wednesday in Decem
ne or each year. Due notice of all sto
M holders meetings shall be given by de-
ay erlng the same TO each stakeholder, or
Ms depoSiting ii in the postoffice. address
10 each stakeholder at his or her.
a known pOstoffice address, or if none
OF known. then TO General Delivery. at y
orleans, Louisiana, at least fifteen d
IN before the date of such meeting. IL
en- election for Directors. as on all other m
ne tiers, each share of the outstanding ste
OF whether preferred or common. shall be
Titled 10 one vote. Any vacancy occurr
on In the Board of Directors shall be iii
n by the remaining Directors even thor
an no quorum then remains, unless and NJ
oN meeting OF the stockholders is held
Nh I'LL the vacancy or vacancies At .
To meeting of the Board of Directors r,
az Director absent from the meeting NAV
represented by any other Director. v
M may cast the vote of the absent Dire
ed according 10 the written directions. cit
ne general or special, of the said absent
N rector. The Board of Directors shall o.
ne from their number President and a
led PRESIDENT, and they shall! likewise ell
MS Secretary and a Treasurer Cwho may
re- the same individually and such other n