The herald. [volume] (New Orleans, La.) 1905-1953, 1920-07-22
AMENDMENT TO SILICA BRICK COM
PANY, INC.

United states of America, state of Lou
isiang Parish of Orleans. lie IL known |
that on this md day OF the MONTH "i Iunl
i'm the wear OF our Lord one thousand hihc
hundred and twenty, and OF the niue
peudcnce of the United states OF An"Ilca
the one hundred and forty fourth nri3tc
mo Watts h. lcVerich. Notary tuillt
duIy commissioned and qualified. IN ana
for the Parish of Orleans, therein residing
and in the presence of the witnesses mere |
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. aS chairman ana
Secretary of "A meeting of the stockholders
of the Silica Brick Company. Inc, G.
corporation organized by act before FRED
erick Adolph, Notary rune OF 'It IaI
ish Of Orleans. on the 18th day of Decem-
her 1918 recorded in the mortgage Otllce
for the Parish of Orleans. IN Book -
folio esd held on the oath day OF June
1920 at the dOmiCile of the Company III
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 certified
copy of the Minutes of said meeting, here
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 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 ano
he sued; TO make use of corporate Sc
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
ulatiOnS for the proper management of its
affairs as may be deemed necessary and
proper. and the same to alter and change
ut 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 tn obliga-
tiOns and purposes of said corporation as
herein established.
ARTICLE 1.-THE authorized capital
stock of this corporation is hereby fixed
at Fifty Thousand Dollars (SJO.OOOOO) Of
common stock, divided into Five Hundred
600 shares of the par value of One Hun
bred (Sl0000) Dollars each, and Fifty
Thousand Dollars (SJO,OOOOO) of preferred
stock, likewise divided into Five Hun
dred 600 shares OF the par value of One
Hundred Dollars (S100.OO) each. Each
class of said stock may be increased to
Two Hundred Fifty Thousand Dollars
$3.50 600 OO). The holders of the preferred
stock shall be entitled to receive by pref
eren"s and priority over the common stock
dividends, at the rate of Ten (lO) per cent
per annum, cumulative from and after
July |, 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 q charge
against the net profits of the Company
and shall be paid in full out of said net
profits before any dividend is paid upoi
the common stock. After the payment of
all accrued dividends upon the preferreC
stock. the common stock shall be entitled
to dividends at the rate Of tb Ten CO. Pc
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
paid in full by preference and priority
| over the common stock up to its capital or
par value plus accrued and unpaid divi-
| dends. If any, at the rate of ten (1O) per
| cent per annum, before any amount shall
be distributed among the owners of tn,
| common stock. Should there be any
| surplus then remaining the same shall
| be first applied to the common stock up tC
| its capital or par value. plus dividends at
| the rate of ten (10) 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 eqality, each holder of
share of stock. whether preferred or COM
| mon, to have one vote.
ARTICLE 6.-All the corporate pow
ers of this corporation shall be vested in
and exercised by Board of Directors tC
cod
than nine Directors. The number of hi
rectors shall be determined at the annua
meeting of the stockholders, but may b
changed at any special meeting of tn,
stockholders, properly convened for tha
purpose. majority of the directors
office shall constitute a quorum for tn
transaction of business. In intervals be
tween meetings of the Board of Director,
all the powers of the corporation may b,
vested in and exercised by an execute,
committee of not less than three or NOR
than five directors, to be appointed by tn.
Board of Directors.
The following named stockholders shal
constitute the Directors of the Compan,
untll their successors are elected and DUAL
iiled Frank Bowers, D'Hemecourt and S
r Murat Streets, New Orleans; William Grob
, DHemecourt and S. Murat Streets. New
! Orleans; John W. Phillips, 226 Cam
Street, New Orleans; Charles Bacharach
3 Mi3,, 81 charles Avenue, New Orleans
New Orleans; Otto Schwartz, Whitne,
Building, New Orleans: Z. Newton Kearny
5l2 South Peters Street, New Orleans
W; j. Carmichael. OF the foregoing OFT,
schwartz shall be President, Charlie
: Bacharach, Vice President, and John W
Phillips, Secretary and Treasurer
" ARTICLE VlI-The Directors and Off
l. GERS herein named shall serve un
. I'll the next annual meeting of TN
! stockholders. on the first Wednes
! day in December. 1920, or unit
J their successors are elected and quail
q ned; The annual meeting of the stock
transaction of general business shall b
held on the first Wednesday in Decembe
OF each year. Due notice of all stock
holders meetings shall be given by deliv
J erlng the same to each stakeholder or b.
depoSlting IL in the poStoffice addresse,
70 each stakeholder at his. or her las
2 known postoffice address or il none IA
known. then to General Delivery. m Ney
orleans, Louisiana. at least fifteen dav
! Delore the date of such meeting Upo
ERECTION Tor Directors. as on all other ma
: tiers, each share of the outstanding stock
l whether preferred or common, shall be on
Titled TO one vote. ANY vacancy occnrrin
III me BOARD or Directors shall be file,
by the remaining Directors, even thony
no quorum then remains. unless and NM
meeting OF the stockholders is held I
III the vacancy or vacancies At an
0 meeting of the Board of Directors an
director absent from the meeting NAV b
represented by any other Director. VIII
, may cast the vote of the absent Directo
J according TO the written directions. eithe
g general or special, of the said absent hi
rector. The Board of Directors shall cleo
{ from their number a President and Vic
resident, and they shall likewise elect
5ut not necessarily from their number.
Seerttafy ana a Treasurer (who may b
T. Ind. ws4