The oasis. [volume], January 28, 1905, Image 10

About The oasis. [volume] (Arizola, Ariz.) 1893-1920

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if- K..,X'i,ff
S.itunlay, January. 2 H, 1905.
rF.unri kd copy
or
CERTIFICATE OF INCORPORATION
or -
GEO. A. H EATON & CO.
Registered with the Corporation Trust Com
pany, Jersey City, Now Jersey.
We, the undersigned, in order to form a cor
poration for the objects and purposes and wit h
the powers hereinafter stated, under and pur
suant to the provisions of the. Act of the Legis
lature of the state of New Jersey entitled, "An
act concerning: corporations ( Revision of ISM)"
nd the acts amendatory thereof an 1 supple
mental thereto, do hereby certify as follows:
First. The corporate name is Geo A. Bea
ton fc Co.
Second. The nature of the business and the
objects arid purposes for which this Company
is established, and which it is proposed to pro
mote and carry on, as fully ana to the fame ex
tent as natural persons might or could do, and
an any part of the world. are as follows.naroely :
As agent or principal, to buy, sell and other
wise deal in the stocks, bonds and securities of
other corporations, foreign and domestic, and,
in general, to conduct and carry on a broker
age and commission business; and to promote
the incorporation, supervision and mainten
ance of suitable companies, organized for like
purposes, to operate in such states, uistricts or
localities as may be determined upon with
reference to each such local company.
Either as agent or principal, to purchase, re
ceive, hold, sell, own or otherwise deal in
bonds, mortgages, debentures, notes, shares of
capital stock and other seeurites, obligations,
contracts, and evidences of indebtedness, of
ny private, public or municipal corporation,
or of the government of the United .States, or
of any state, territory or colony thereof, or of
any foreign state or country; to receive, col
lee. and dispose of interest, dividends and in
come upon, of and from any such bonds, mort
gages, debentures, notes.shares of capital stock,
securities, obligations, contracts, evidences of
indebtedness aud other property held, man
aged or owned by it, and to exercise in respect
to all such bonds, mortgages, debentures, notes,
shares of capital stock, securities, obligations,
contracts, evidences of indebtedness and other
property, any and all rights, power and privi
leges of individual owners thereof; to do any
aiud all acts and things tending to increase the
value of the properties, assets or interests at
any time held, owned, controlled or managed
by the Company; to issue bonds and to secure
the same by pledges, deeds of trust, mortgages
or trust indentures of or upon the whole or any
part of the property owned by the Company,
and to sell or pledge such bonds for the proper
corporate purposes of the Company in such
manner and at such times as the Board of Di
rectors shall determine; and, in the promotion
of it's said corporate business, and to the ex
tent authorized by law, to lease, purchase,
hold, sell, assign, transfer, pledge, mortgage
And convey real and perconal property of any
name, kind or nature, provided that nothing
herein or in any part of these article of Incor
poration shall give or be construed as giving to
the Company the power of carrying on the
business of an insurance, banking, trustor
saving institution, as authorized by the laws
of the state of New Jersey.
IN FURTHERANCE AND NOT IN LIMITATION, Of the
general powers conferred by the laws of New
Jersey.it is expressly provided that this cor
poration shall have the following powers,
namely:
To take, hold, own, deal in, mortgage, or
othewise lien, and to lease, sell, exchange,
transfer or in any other manner whatever dis
pose of, real property, wherever situated.
To manufacture, purchase, or otherwise ac
quire, in any lawful manner, and to hold, own,
mortgage, pledge, sell, transfer, or in any other
manner dispose of, and to deal and trade in,
goods, wares, merchandise and property of any
And every class and description.
To acquire the good will, rights and proper
ty of any person, firm, association or corpora
tion; to pay for the same in cash, the stock of
this Company, bonds, or otherwise; to hold or
in any manner dispose of the whole or any part
of the property so purchased; to conduct in
Any lawful manner the whole or any part of
any business, so acquired, and to exercise all
the powers necessary or convenient in and
about the conduct and management of such
business.
To apply for, obtain, register, purchase, lease
or otherwise acquire, and to hold, own, use,
operate, introduce, and sell, assign, license or
otherwise dispose of. any and all' trademarks,
trade names, and distinctive marks, and all
inventions, improvements and processes used
in connection with or secured under Letters
Patent of United states, or of any foreign coun
try, or otherwise, and to use, exercise, develop,
grant licenses in respect of, or otherwise to
turn to account any such trade marks patents,
licenses, concession, processes and the like, or
Any such property, rights and information so
Acquired, ana with a view to the working and
development of the same, to carry on any busi
ness, whether mining, manufacturing or other
wise, which the corporation may think calcu
lated directly and indirectly to effectuate
the.se objects.
To hold, purchase, or otherwise acquire, to
sell, assign, transfer and market, pledge or
otherwise dispose of shares ol the capital stock,
l.onds or other evidences of indebtedness
created by any corporation or corporations,
And while the holder of such stock, to exercise
all the rights and privileges of ownership, in
cluding the right to vote thereon to the ex
tent that a natural person might or could do.
To purchase, lease, exchange, hire or other
wise acquire, any and all rights, privileges,
Fiermits or franchises suitable or convenient
or any of the objects or purposes of its busi
ness; to erect and construct, make, improve,
Aid or subscribe toward the construction, mak
ing and improving of mills, factories, store
houses, building-!, roads, docks, piers, and oth
er works. To guarantee the payment of divid
ends or Interest on any shares, stocks, deben
tures or other securities, or any other contract
or obligation, issued by or entered into by any
corporation whatsoever, whenever proper or
aiecessary for the business of this corporation
in the judgment of its Directors or Executive
Committee.
To make and enter into contracts of every
sort and kind with any individual, firm associa
tion, corporation, private, public or municipal,
and with the government of the United States,
cr any state, territory or colony thereof; or
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WHfMftM. ..!. , '! ('i f i r c, Mini oii.-r IM-if'-t't)iei.
r .( m !.i I n t ro no n t -, o fir
thw Mtri" mm' lit permitted by th" I ol th
dtrtt" of N'-w .D-rs-jr.
Jol-u r.nnds, xn l to or hypothecate
the nnitf. aiil to n'liifK payment of the sm ido i
by MiortKnne or otherwise ii oii all or anrof
the prop rty of th' Corporation. ;
To si ll or issue any or nil of it capital stock, j
or any loud, debentures, or other evidences of j
indebtedness authorised hy its Hoard of Diree- '
tors, in payment for the good-will, rights, busi- I
tiens. persona! property, real estate, or leases
thereon, ol any person, firm, association or cor
poration, and the judgment of its Board of
liretors as to the value of suet good-wl.l,
rights, busi ness, real estate, or leases thereon,
shall, in the absence of fraud, be conclusive
To remunerate any person, person or corpor
ation lor services rendered or to be rendered
in placing or assisting to place, or guarantee- i
inn the placing of any of the shares of the j
Company's capital stock, or any debenture, j
bonds or other securities of the company, in or j
about the formation or promotion 01 the Com-1
pany, the selection and procurement of Diree-j
tors for the conduct of its busi nes-. noon sue. i i
terms a the Hoard of Directors or Executive
Committee may determine and direct.
To guarantee the payment of dividends or
interest on any shares, stocks, debentures or
other securities named by, or any other con
tract or obligation of, any corporation when
ever proper or necessary for the business of the
Company upon such terms and conditions and
in such manner as may be prescribed by the
by-laws or by resolutiou of the .Hoard of Direc
tors or Executive Committee.
To hold, purchase, or reissue and sell the
shares of its capital stock.
to do all and e erything necessary, suitable
or proper for the accomplishment of any of the
purposes or the attainment of any one or
more of the objects herein enumerated, or
which shall at any time appear conducive or ex
pedient for the protection or benefit of the cor
poration, either as holder of or as interested
party in any property, and, in general, to car
ry on any business, whether manufacturing,
mining or otherwise, permitted by the laws of
this state.
To have offices and to carry on business with
out restriction as to extent, state, place or
country.
To do any or all of the things herein set forth
to the same extent as natural persons might or
could do, arid in any part of the world, either
as principals, agents, contractors, trustees or
otherwise, aud either alone or conjointly with
others.
In general, to carry on, in connection with
the objects, powers, purposes, and business
above set forth, and any other business what
soever, and with all tlie powers conferred by
the laws of New Jersey upon corporations un
der the act hereinbefore referred to.
It is the intention that the objects specified
in this Article shall, except where otherwise
expressed therein, be in nowise limited or re
stricted by reference to or by inference from
the terms of any other paragraph or clause of
this Certificate of Incorporation, but that the
objects specified in each of the clauses of this
Certificate, and the powers described in each
of the paragraphs, of this Certificate shall be
regarded as independent objects and powers.
Third. T.-e stock of this company is of two
kinds, to-wit: Common Stock ahd" Preferred
Stock. The total amount of authorized stock
is one million, five hundred thousand dollars
(ll.fx.) 1,0ml) divided into fifteen thousand shares
(1.5,000. of one hundred dollars (tloo each. Of
the total authorized capital stock one million,
two hundred and fifty" thousand dollars (?;,
250,000) will be common stock, and two hun
dred fifty thousand dollars ($250,000. will be
preferred stock. The preferred toek will hav?
preference over the common stock in respect
to dividends, and the holders thereof shall be
entitled to receive in each year, out of the
accumulated profits of the Company, in excess
of any sum which shall have been fixed and
reserved as work:ng capital, non-cumulative
dividends of six per centum per annum, pay
able quarterly, semi-annually or annually, as
the Directors may, from time to time, deter
mine, before any dividend shall be set apart or
paid on the common stock of the Company.
After dividends at the rate of six per Centum
per aunum from the profits of the Company
for any year have been paid upon the preferred
stock, a dividend of not to exceed six per cent,
per annum may be paid upon the common
stock. After six per cent per annum has been
declared and paid in dividends upon the pre
ferred stock and six per cent per annum de
clared and paid in dividends upon the common
stock for any one year, any remaining profits
for the year which, within the discretion of
me tioarn, may oe ueciareu ana paiu as uiviu- j
ends shall be paid upon the preferred and 1
common stock alike. I
In case of liquidation or dissolution of the '
Company, the holders of preferred stock are j
entitled to be paid in full up to the par value I
of their preferred shares before any amount, is I
pant to tne nomers 01 common stock. I lie
Company may purchase and retire the pre
ferred stoek, or any portion thereof, at any
time after the first day of July 1907, by paying
the holder or holders thereof the par val .ie and
five per centum thereof in addition thereto.
Provided, that in case any portion of such
preferred stock shall be so purchased, the same
shall be purchased from each holder, pro rut,
in proportion to the amount held by him. The
voting power of the Company is vested in the
holders of preferred and common stock alike,
aud all such holders shall be entitled to cast
one vote either in person or by proxy for each
share of common stock and one vote for each
share of preferred stock held by him.
Fourth. The management and control of
the business, property and affairs of the cor-
E oration shall be vested in and be conducted
y a Hoard of Directors of not less than three
(3) members, as fixed by the By-Laws, who shall
be elected at the annual meeting of stockhold
ers, except the first Board which shall be
chosen at a meeting of the incorporators duly
called and held in accordance with law.
The officers of the Company shall consist of a
President, Vice-President, Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, and
such other officers as the Hoard of Directors
may deem expedient. Both the officers and
Directors shall hold their office for the period
of one year from and after their election and
qualification and until their successors are
elected and qualified, unless sooner removed
by the Hoard of Directors. The members of
Directors shall have the right to fill any vacan
cy oeeuring on the Hoard by death, resignation,
increase in number or otherwise, and the per
son or persons so elected to fill such vacancv
' or vacancies shall fill his or their office until
the next annual meeting of the stockholders.
The directors and the President and Vice-President
shall be stockholders of record.
PirTH. There shall be an executive commit
tee of three members in the beginning, but
said number may thereafter be changed ac
ordmgtothe By-Laws of the Company. gUCh
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t,f I lie I',. in t I of idf. i f.f ...ii.,r Iv fl,,.f,,
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t .'( of one ' P mi, I'll,! ! !. i r !' I M lid V
Ifi'M . 1 1 1 : j id I t fin K ( 'i t ; t " oiii rn I ( !
h H tin v" nd i-tiTi ii- U !h" j.uter of t ii'
Con rd of m ri f or , ioomm rt n nor o m nf hi
Hi'M M lll I I Irtll'o lie pfi'MI l hi aoy KlH li- i i.r
other iriefu)i of the !o.i r I, and hll hV
and pxeri'ise m 1 1 the power, of the i!ord of
Direct, ,r. t ail lune when (lie Hoard shall
not l.e I o "sslon, iiii-lndi ng tlx? po.ver to s'n
the corporate n.iiiie and affix the corporate
se o mis corporation to all papr which the
Executive Committee shall deem to require it
Sixth T. e Hoard of Directors, and when
the Hoard is not in sess on the Executive Com
mittee in addition to the powers and authority
given by statute and by the By-Laws expressly
conferred upon it, is hereby empowered to ex
ercise all such powers and to do all such acts
and things as may be exercised or done by this
corporation, but subject nevertheless to the
provisions of the Statute, of this certificate of
Incorporation and to any regulations that may
from time to time be made by the stockholders.
Provided, that no such, regulation so ma le by
the stock holders shall invalidate any provision
of this Certificate of Incorporation, or any
prior act of the Directors or Executive Com
mittee which would have been valid it such
regulation h ul not been ma ae.
Skvb th. In furtherance and not in llcni
tiit'on of the uowers conferred by statute
and by this Certificate of Incorpor ttion the
Hoard of Directors is exp essly aut o ized-
To h ld their meetings, to have one or
more omees, and to keep the l ooks of the
oumpany within or without the stato of New
Jer-ey ut sueh place in may ho imai timo
totiairt design;!.!. 1 bv tlum; bu the Com
pany shall always keep at its principal and
rea'site ed office in New Jersey a transfer
book in which the transfer of stock canba
mane, entered aud registered, and also a
book containing the names and addresses of
the stockholders, aud the i.utuber of a are
held by tuern resp ctivdy. which shall be at
all tlnies d irlug business hours open to the
inspection of the stockholders in person
To determine fiora time t. j time whether,
and, if allowed, u do what conditions an I
regulations the tceounts and bo ks of he
Com nun (other thtn the stock and transfer
books) ur any of them, shall oo open to the
inspection of thesto-kh ilderi.and the stock
holders' rights in ibis respect ire and shall
be restricted or limited accordingly.
To make, alter, amend and rescind the
y-Lavs of thrj Company to ii th-1 amount,
to be re-erved as ao operating fund or work
in capital, to fix the t.ime for the declara
tion and payment of dividends, and to do
te, mine tho amount of such dividends.
To authorize and cause to bo executed
b nds. debentures, and other securities or
written evidences of indebtedness of the
Company, and to authorize the execution of
mortgages, iieu, or other contract obliga
tions upon aud with reference to tho real
and persju tl property of the Company, for
the purpose of securing payment of such
b mds, aeueutures, securities or writteu evi
dences of iudeoledneas by the Company.
Any officer elected or appointed by thj
Board of Directors may be removed t any
time by affirmative vote of a majority f the
whole Hoard of Directors Any other oificer
or employe of the Company tu iy bo re
moved an time by a vole .if the Hoard of
Director or by any Committee or superior
otli :ers upon whom such power of removal
may be conferred 0y the a -Laws or by vote
of the Board of Directors.
The Board of Directors may appoint not
only other officers of the Company, but also j
..ae or more V lce-Hresldeu , one or more
.vsistaut Treasurers, and one or more as
sistant secretaries; and, to the extent pro
vided in the By-Liws the persons so ap
pointed, respectfully, shall h ve and may
xorciso ail he powers f tn.j President, of
the Treasurer, aud of tho Secretary respec
tively. Either with the consent in writing or pur
suaut to the affirmative voU of the holders
of a majority of the stock issued and oat
btauding t a stockholders' meeting Umy
called lor that purpose, to sell, assign, trans
fer, exchange or otherwise dispose of the
property of the Company as ao entirety, or
any part thereof, provided, alays a majori
ty of the whole Board snail coucur thereiu.
The Corxipauy may uss and apply itssur
plus earnings or accumulated profits f jr the
purpose of acquisition of property nd to
the purchase aad acquisition of itsown capi
tal stock from time to time, to such extent
aud in such manner, and upon such term as
its Boara of Directors shall determ ne; aud
neither the prop rty nor tha Capital stock so
purchased aud acquired shall be regarded as
proa s for the purpose of ueclaratiou or pay
ment of dividends unless otherwise deter
mined uy a majority of the noard of Uirec
turs, and the Ooiup uiy may re-j.ssue autt sell
said stocK so acquired.
The i o-poration reserve the right to
amend, alter or repeal any provisions con
tained in this Certilicite of Incorporation,
in c o manner now or hereafter prescribed
by statute, and all ri,ht-.eouferTeo on stock
holders herein are granted subject to thu
rese. vatiou.
Righth. The private property ot the
stooiiof ders shall uot oe subject to the pay
ment of corporate debi,a to any extent
whatever.
Ninth. The registered office of the Cora
pauy is No. 1. Exchange t'lace, Jersey City,
iNew Jersey, and the Corporation Trust Com
pany is designate as the agent therein, in
charge thereof, and upon Whom process
against this company may oe served.
Tenth. The duration of tbls Company
shall be unlimited.
Eleventh. The names and post iflice ad
dresses of the incorporators and tue uumoer
of shares of stock for which severally aud
jespectively wo do hereby subscribe itne ag
gregate of our said suuserlp4ous being three
thousaud dollais, is the amount of capital
with which tho corporation wi 1 commence
business), are as follows:
Name PostofHce address No.of shares
Jonn K. Turner. Basking Hodge, N. J. tj
Kenneth lv. McLaren, i;tJ Clifton Place.
Jersey city, N. j (j
Louis B. Dailey, 40 Sandford St , East
OrauKe, N..J
II. O. Coughlau,i4 inarcy Ave., Brook
lyn, N Y (j
Joseph rtl- Mitchell, 35 Lombard? St,
Newark, N. J r
We the undorsigued, do respectfully sub
scribe for the shares of cipital stock of the
ompany and Hgree io take and pty for said
shares as above set forth opposite our re.
speoive iiames.
I t lHI!',f'tl UllliOl, ,),, i, ,v I..,,-..,,
" f i r ! i ft f 4 ,i nd i f n i ), 1 f if 1 1 . f i.t j i.) f
f'Mfi I; Ti'UVf u f
I. P N f, I fl K. VI. f, H ISl.N. I, .
, h: ! h inil.l.V l.
( 'i'f,fM,A , f,
.Di-p,fJM M M! r. llo.I.I, I,. S
M'.'i.ei), ve iled (fi.J flellvred tfi tlo' pre-
foice of il irry V, M.-cn.
." rTR "T N w .1 . v, i
County of lloiUui (
He it reini-'nlu.rf'l, tli at lht on lhlslt
da v of .Dtlv I "Ol. lMforn t'o" uriderditnd.
Hr-i'nril!y nppeared f.'ihn It. Turner, Ken
neth K. .dcLarcn, Ihmiw B I-llev, II. (I.
Coiu'hian and .lnpli M Mitchell, who, I
am satUlln I. aro the person named In and
w ho executed the foroolng Certificate, and
I having first made known to t hern, and to
each of then, the co"tenti thereof, they do
each acknowledtfo hat tht-y staned setled
and delivered the same as their voluntary
act and deed.
, , MAKI1Y W. ME EN,
SEA L ! Commissioner of Deeds for
, ' New lersey.
Rwjitrb n In the oftVe of the Company
at Jersey city, In the County of Hudson,
this 1st dy of July Wi.
THE CORPORATION TRUST OM PANY,
Realstered Agent.
By KENNETH K. McLAREN,
Treasurer,
EvDonsifi): "Reco'ved In the Hudson Co.,
N. J , ''lark's olce July 2nd, A. 1). IWH, and
recorded In the Clerk's record No. .... on
page ....
MAURICE J. STACK,
Clerk.
Tiled and ruckued July 2. nil.
8. D. DICKINSON,
Secretary of State."
Statk of Nkw Jkhsky, (
Department of .State f
T, S. D. I)ickin-o-. Secretary of State for
the State of New Jersey, do hereby certify
t hat the forcioing is a true copy oi the Cer
tificate of Incorporation of
"Geo. A. Beaton & Oo."
and 1 he endorsements 'hereon, as the sani
Is taken from and compared with t he origi
nal ft - d in my ottl on the second day of
.Inly 1W)1 and now remaining on file aud of
record therein.
I Ttim nv lViiKr. I have hereunto
et mv h tid and a'Hx d my seal at Trrtnioa,
this thirtieth day of November, A. . 19JL
S. O. DICKINSON.
Secretary of State.
SEAL
Tkh'tohy OF AHI'.ONA,
County of Santa Cru2
ss
I hereby certify that the within instrument
was tiled and r""ordd at the request of S. L.
Klngau, Dec. Zir, m. at a m , book
pages.
tit seq.
WI ness my hand and official seal
tue day and year aforesaid.
PHIL HEROLD.
County Recorder,
A.MENPRD CERTU'ICTK OF ISCOKPOKATtON OF
Geo. A. Heaton .t Co., Cuauged to The Mowbv
Mines Company-.
We, the utt'lersigneil, in order to form a cor
poration (or the purposes hereinafter stated,
under aud pursuant to the provisions of an
Act of the " Legislature of the State of New
Jersey, en titled "An Act Concerning Corpor
ations" Revision of and the acts amend
atory the ret , do hereby certify as follows:
article I The corporate name is THE
MO WHY MINK COMPANY.
Article II The objects for which the corpor
ation is established are:
To locate, buy, lease, hold, sell, improve and
develop and operate mines and mining prop
erties and to pledge, mortgage or oinerwise
deal in the same or any leases, options or bonds
thereon.
To quarry, smelt, refine, dress, amalgamate
and prepare for market and to market ores,
metals and mineral substances of all kinds,
and to carry on any operations which may
seem conducive to any of the Company's
objects: to buy, sell, manufacture and deal
tn minerals, plants, machinery, implements,
conveniences, provisions and things capable
of being used in connection with in.nlng oper
ations, or required by workmen and others
employed by the corporation; to buy, cons
truct, lease, sell, convey, man tain, improve,
manage, wori aud superintend any roads,
bridge", ways, rese voira, water courses,
wharves, ramways or railroads in so far as it
may be iawfti. so to do: to buy, construct, lease,
sell, convey, mau'aiu, improve, manage, con
trol and superintend furnaces, smelters, con
centrators, mills, crushling'worky, hydraulic
works, works, factories, warehouses and other
conveniences which may seem directly or in
directly conducive to any ol the objects of the
Corporation, and to contribute to, subsidise or
otherwise aid or tal e part in any such opera
tions. To take, acquire, own, hold, sell, lease, ex
change, mortgage, pledge, improve, aud other
wise deal in real estate, town-sites and divis
ions, lots and subdivisions thereof, and to erect
thereon, aud lease, manage, sell or convey
hous s, stores, or other buildings, and to make
aud lnaiitaiii ah other neccary or desirable
improvements in connection therewith; also to
purchase, seil, exchange, aud otherwise deal
in alt kinds of personal property, merchandise,
goods and chattels.
To do all tilings Incident to or advantageous
in the carrying on of either or all of the said
objects or purposes above stated.
To issue bonds, and to scl. or hypothecate
the satue, and to secure the payment of the
same by mortgage or otherwise upon all or any
of the properties of the corporation.
To make any and all contracts, acquire and
transfer any and all species of property, and to
possess the same powers in such respects as
private individuals now enjoy.
To hold, purchase and otherwise acquire,
and to sell, exchange, mortgage, pledge and
otherwise deal in the bonds, mortgages, notes,
debentures, shares of capital stoek and other
securities and obligations of any private cor
poration; aiso to receive, collect and otherwise
dispose of interest, dividends, or income from
any of t e properties, held, owned or acquired
by the Company, and to exercise in respect of
all such bonds, mortgages, debentures, notes,
shares of capital stock and other securities ami
oh igations all the rights, powers, and privil
eges of individual owners thereof, including the
right to vote upon any shares of stojk held by
it to the same extent that a natural person
might or could do, and generally to have all
the rights, powers and privileges to do any and
all thUigs incident or advantageous to the
carrying out of any of the objects and purposes
hereinbefore mentioned.
Continued on page 11.