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sent or request of the holders 01 of the stock with the secretary filed poration. three-fourths which shall be of evidenced corporate the thereof. corby certificate under the the consolidating corporasigned by the secretary seal tions. a of reciting the and act president of each, sought to be accomplished and the to property sought to be conveyed, gether with the name of the receivwhich of be filed in the cate ing corporation, must said of office certifi- which the secretary of state, none was done. That he the said de Journel. had been informed by Honorable Brodigan. secretary of the State of had Nevada, that no other documents been filed in his office except the original articles of incorporation and the certificate of amendment changing its name. the latter filed on October 8th. 1910. and that therefore there had been no consolidation in law or in fact and no attempt made to comply with the statute in any respect and there was not thereunder. even an ostensible consolidation STOCK SALE VOID. That he, the said de Journel, of believed 8. that the pretended sale the stock of the Washington-Alaska Fairbank of Washington to the banks Banking company was ultra vires and void. for the reason that the minute books of the two corporashow that such a sale was made tions knowingly by the stockhold of the Washington-Alaska bank ers of Washington. directly to the Fair that banks Banking company. and Section 43 of Chapter 191 of the General Laws of Nevada, approved and effective March 24, 1909 provid ed that no bank or trust company. etc., shall invest any of its funds in the stock of another bank or trust company. nor be the purchaset or holder of any shares therein, and the said pretended sale so made on the 12th day of September after 1909. four and one-half months was the said statute had come into effect. and that the statutes of like the State of Washington have a forbidding clause de Journel also stated to he believed that at9 that Said void the and tempted me sale was further of no force and effect, on the furth vio grounds that it was a plain lation er of Section 3. of the Federal 26 Anti-trust Law of July 2. 1890. statute at large. 209. and that therefore Parsons, Schram. Webster, and the Washington Securities company who were seemingly the stockholders who received $250,000. taken Fair- out of the depositors money of the banks Banking company, were the accountable to the receiver of for Fairbanks Banking company and that same could be resame. if suit be brought prior to covered the extinguishment of the remedy by force of the statute of limitations that is to say in September, 1915 That interest could also be recovered upon the said moneys from the of at the usual rate interest, said parties, from the 12th day of Sep- for tember. 1909. that is to say. five and one-half years. MAY REGAIN FUND. 10. That upon the grounds said that there was no valid sale of the Parstock by the owners thereof, sons, Schram, et al., to the Fairbanks said Banking company, and that the thereparties were still the owners Par of. it followed that the said sons, Schram, et al., were liable of to Washington-Alaska bank the Washington and its creditors for for the superadded liability provided in the statutes of Washington of in Article 12, Section 11. wherein constitution of that state, adopt- each the in 1889. it is provided that stockholder ed of any banking corpora- of shall be liable for all debts of such tion corporation to the extent amount of their stock therein addi the the par value thereof. in tion at to the amount invested in such the shares. which said provision of the constitution is repeated in Act of Washington (Rem Banking & Ballinger's Amended Code, ington Section 3698) and that the constitutional and statutory provisions trans- were in force at the time of the action 11.-That alleged. 1 have never before apprised by any attorneys employed, that sums from might be recovered heretofore of been money such Websaid Parsons, Schram, the and the Washington Securities ster or at all. I then looked company. the matter as much as it was be into power so to do. and upon there in my further informed that where were ing only a few months left brought. such action could' be the in and after having read myself provisions of the statutes being hereinbe- no mentioned. and there the left to correspond time fore with entering back and forth as court action necessitated the publica- and tion such of summons in this district the State the entering of actions in and the condition 1 the trail being of my mind about remaining de changed of Washington, threatening. said and brought t e this to Fairbanks and matcourt to present same honorable Outside Journel before have the ters to the said court and passed upon. ATTORNEY NEEDED. NEW -That there were heretofore in the this 12 case, six attorneys three successively judges of appointed by judicial division, and that all successively of was due as to the their the them Fourth resignation resigned: uncomfortable I verily in which they were the influence3 and the opposed ated situation believe. by by first. interests factions placed in sec- cre- the matter of these bank failures;