anaheim-gazette 1909-01-28

EXEMPTION FOR FARMERS CO-OPERATIVE ASSOCIATIONS NOT IN RESTRAINT OF TRADE Assemblyman Cogswell's Bill Relieves Walnut, Celery and Orange Growers of Penalties Imposed Upon Other Profit-Seeking Organizations—Some of Its Provisions Assemblyman Cogswell of El Monte has introduced a bill in the legislature providing for incorporation of agricultural and horticultural non-profit co-operative associations, a copy of which has been received at this office. The purpose of the bill is to relieve these associations from the legal inhibition applied to monopolistic corporations operating in restraint of trade. The proposed law is important to agricultural and horticultural interests, and has the support of co-operative associations of farmers everywhere: An Act to amend an Act entitled "An act to establish a civil code," approved March 21, 1872, by adding thereto Title XXI of Part IV of division first of said act relating to and providing for the incorporation, organization, management and cooperation of agricultural and horticultural non-profit co-operative associations. Three or more persons engaged in the production, preserving, drying, packing, shipping or marketing of agricultural or horticultural products, or both of them, may form a non-profit cooperative association under the provisions of this title to carry on said business, and such association shall have, and may exercise, the powers authorized by this title, and the powers necessarily incidental thereto, and all other powers granted to private corporations by the laws this state, except such powers as are inconsistent with those granted by this title. Such association shall not have a capital stock, and its business shall not be carried on for profit. Any person or any number of persons, in provisions of this title to carry on said business, and such association shall have, and may exercise, the powers authorized by this title, and the powers necessarily incidental thereto, and all other powers granted to private corporations by the laws this state, except such powers as are inconsistent with those granted by this title. Such association shall not have a capital stock, and its business shall not be carried on for profit. Any person or any number of persons, in addition to the original incorporators, may become members of such association, upon such terms and conditions as to membership, and subject to such rules and regulations as to their, and each of their, contract and other rights and liabilities between it and the member, as the said association shall provide in its by-laws. The association shall issue a certificate of membership to each member, but the said membership, or the said certificate thereof, shall not be assigned by a member to any other person, nor shall the assigns thereof be entitled to membership in the association, or to any property rights or interest therein. Nor shall a purchaser at execution sale, or any other person who may succeed, by operation of law or otherwise to the property interests of a member, be entitled to membership, or become a member of the association by virtue of such transfer. The board of directors may however, by motion duly adopted by it, consent to such assignment or transfer and to the acceptance of the assignee or transferee as a member of the association, but the association shall have the right, by its bylaws, to provide for or against the transfer of membership and for or against the assignment of membership certificates, and also the terms and conditions upon which any such transfer or assignment shall be allowed. Each association formed under this title must prepare and file articles of incorporation setting forth: 1. The name of the association. 2. The purpose for which it is formed. 3. The place where principal business will be transacted. 4. The term for which it is to exist, not exceeding fifty years. 5. The number of directors thereof, which must not be less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors shall have been elected, and shall have accepted office. 6. Whether the voting power and the property rights and interest of each member shall be equal or unequal. 6. Permitting members to take their proxies, and determining conditions, manner, form and thereof. Each association incorporated this title shall have the powers required by the provisions of this code; other laws of California relating private corporations, and shall have the following powers: 1. To appoint such agents as its business may require such appointed agents may be natural persons or other corporate to admit persons to membership in the association, and to expel member pursuant to the provisions by-laws; to forfeit the interest any member for violation of agreement between him and the clauses, or for his violation of laws. 2. To purchase or otherwise hold, own, sell and otherwise sell any and every kind or real and personal property needed to carry on its business, and of stock of and memberships of other corporations. 3. Upon the written assent of a vote of members representing thirds of the total votes of all members to cooperate with any other corporation or corporation in the cooperative and more economical carrying on of their respective businesses, by consolidation as per section 653 of this code, when on the effect of such consolition shall be the same as declared in section; or upon motion, adopt its board of directors, to enter all necessary and proper contracts and agreements, and to make necessary and proper stipulations arrangements with any person other corporation or corporation in the cooperative and more economical carrying on of its business, or part or parts thereof; or any more corporations organized under this title, upon motions, adopt their respective board of directors, for the purpose of more economically carrying on their respective businesses, by agreement between them, unite in employing and employing and use, the same means, agencies, and the same persons, corporation or corporation for carrying on and conducting their respective businesses. 4. Any association formed or dissolved under this title may be solved and its affairs wound up. 4. The term for which it is to exist, not exceeding fifty years. 5. The number of directors thereof, which must not be less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors shall have been elected, and shall have accepted office. 6. Whether the voting power and the property rights and interest of each member shall be equal or unequal; if unequal the articles shall set forth a general rule on rules applicable to all members by which the voting power and the property rights and interests, respectively, of each member may and shall be determined and fixed, but the association shall have power to admit new members who shall be entitled to vote and to share in the property of the association with the old members, in accordance with such general rule. This provision of the articles of incorporation shall not be altered, amended or repealed except by the unanimous written consent or the vote of all of the members. 7. Said articles must be subscribed by the original members and acknowledged by one of them before an officer authorized by the law of this state, to take and certify acknowledgments of deeds of conveyance, and shall be filed in accordance with the provisions of Section 296 of this code, and when so filed the said articles of incorporation or certified copies thereof shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein. Each association incorporated under this title must, within thirty days after its incorporation, adopt a code of by-laws for its government and management not inconsistent with the provision of this title. A majority vote of the members or the written assent A mass representing a majority of states, is necessary to adopt laws. The provisions of second 304 of this code, which consistent with the provisions title shall apply to the corporations provided by its by-laws adopted as provide for the following manner of removal of any share of its directors and for all vacancies in the directors. Number of directors and the members or votes thereof being a quorum. Conditions upon which and when membership of any in the association shall be mode, manner and effect of a member, subject to if the expelled member to board of directors appraise his interests in the association fix the amount thereof in which appraisement shall be paid to have the money paid to sixty days after such ex-amount of membership fee, and the amount which each shall be required to pay an from time to time, if at any on the business of the member and also the compensa-tion to be paid by each member services rendered by the him, and the time of and the manner of collecting and forfeiture of the member in the asson-non-payment of the same. Number and qualifications of the association, and persons precedent to member-the method, time and man-mitting members to with-all, and the manner of de-the amount of his interest relation upon his withdrawal, death or forfeiture. Singing members to vote by us, and determining the manner, form and effect Association incorporated under all have the powers grant-provisions of this code and of California relating to several stockholders by virtue of their ownership of shares of stock therein, or the several members by virtue of their membership therein, and also the voting power of each of them, shall be determined and fixed by the amended articles of incorporation in accordance with the provisions of subdivision 6 of section 653o, but which rights shall be subject to the right of the association to admit new members. The right of an association claiming to be organized and incorporated and carrying on its business under this title, to do and to continue its business, may be inquired into by quo warranto at the suit of the attorney general, but not otherwise. Centenary Anniversary of Edgar Allan Poe Caught from some unhappy master whom unmerciful disaster Followed fast and followed faster till his songs one burden bore— Till the dirges of his hope that melancholy burden bore Of "Never—nevermore." This starza from "The Raven" was recommended by James Russell Lowell as an appropriate inscription to be placed upon the Baltimore monument which marks the resting place of Edgar Allan Poe, the most interesting and original figure in American letters, whose centenary anniversary was celebrated on Tuesday. And to signify that peculiar musical quality of Poe's genius that enthalls every reader, Lowell suggested this additional verse from the "Haunted Palace: And all with pearl and ruby glowing Was the fair palace door, Through which came flowing, flowing And sparkling evermore A troop of echoes whose sweet duty Was but to sing In voices of surpassing beauty The wit and wisdom of their king. Poe, whose whole literary career of scarcely fifteen years was a pitiful struggle for mere subsistence, was born in poverty at Baltimore January 19, 1809, and died in the same city October 7, 1849. He was left an orphan at the age of two years, and as the family was in the utmost destitution the little fellow was adopted by John Allan, a wealthy merchant of Richmond, Virginia, and his brother and sister were cared for by others. In his new home, Edgar found all the luxury and advantages money could provide. He was petted, spoiled and shown off to strangers, and at the age of five years he recited with fine effect passages of English poetry to the visitors at the Allan house. From his eighth to his thirteenth year he death, he has come fully into his years go on his fame increases have been translated into many languages. His is a household name and England—in fact, the latter often uttered the reproach that country has been slow to ap-But that reproach, if ever warn-certainly untrue. Panama Canal Americans are "making it in the work of digging the Canal. During 1908 more fifths of the total amount taken out since our govern- bold of the work was rem monthly average of excavation last year was substa same during the rainy season the dry season, showing that rains are no longer a serious Another feature was the rate the average cost per cubic excavation of 57 cents to about 15 per cent. Since t ment took up the work, fro-1904, to the close of 1908 cubic yards have been ex-which 31.016.693 cubic yea taken out during 1908. By companies 81.548.000 cubic excavated. From the app for canal construction the ex-from May 14. 1904, to October were $83.275.000. Electric Power Our central state and every day in th minutes at a time, have only to put in to stop. Let us t power for you. Main 46 Home 46 THE E Association incorporated under all have the powers grant-provisions of this code and of California relating to corporations, and shall also following powers: Point such agents and off-business may require, and related agents may be either sons or other corporations; persons to membership in union, and to expel any insuant to the provisions of the to forfeit the interest of any between him and the associor his violation of its by-phase or otherwise acquire well and otherwise dispose every kind or kinds of personal property necessary its business, and shares and memberships in others. The written assent or by members representing two total votes of all memberate with any person or corporation or corporations for live and more economical of their respective bus-consolidation as provided 1833 of this code, whereupon act of such consolidation same as declared in said upon motion, adopted by directors, to enter into any and proper contracts, and to make all new proper stipulations and with any person or corporation or corporations for live and more economical of its business, or any thereof; or any two or operations organized under motion, adopted by five board of directors, purpose of more economizing on their respective by agreement between an employing and using associations may separate use, the same methods, lies, and the same person corporation or corporat-ying on and conductingive businesses. Association formed or coner this title may be dis-s affairs wound up vol- Fits Your Machine and Never Breaks, Never Purer, Clearer, More Buy Columbia Indestructible Recoindestructible—and you will keep on bincomparably full, clear tone. They fit your machine! Cost A splendid repertoire to choose it right along. Joseph He CATARRH ELY'S CREAM BALM Sure to Give Satisfaction. GIVES RELIEF AT ONCE. It cleanses, soothes, heals and protects the diseased membrane resulting from Catarrh and drives away a Cold in the Head quickly. Restores the Senses of Taste and Smell. Easy to use. Contains no injurious drugs. Applied into the nostrils and absorbed. Large Size, 50 cents at Druggists or by mail. Liquid Cream Balm for use in atomizers, 75 cents. ELY BROTHERS. 56 Warren St.. New York. Electric Power is Always Ready Your central station generates power 24 hours a day every day in the year. You may use it for a few times at a time, or all day the year 'round. You only to put in a switch to start, and pull it out hop. Let us take the responsibility of supplying water for you. THE EDISON ELECTRIC CO. SAÑTA ANA DRINK DRINK PRIME BEER It makes you healthy. Keg and bottled Beer delivered to all parts of the city. UNION BREWING CO. Phone Sunset 301 Home 1246 KEEP A LOOK OUT on your horse's feed. Be sure and give him the right kind. He will give you better service and you wont have to call a veterinary surgeon. WE HAVE BALED HAY In our store room that's as sweet as the day it was mown. There isn't a bit of danger when using our feed. It's good the year round. Our prices on Hay, Grain, Seeds and Poultry supplies before buying. It will pay you. H. H. GARDNER & CO. Phones: SUNSET 91. HOUSE 1382. COLUMBIA DESTRUCTIBLE LINDER RECORD ine and Lasts Forever ks, Never Wears Out r, More Brilliant Tone ructible Records because they are really will keep on buying them because of their one. hine! Cost 35 cents! Get a catalog. e to choose from—and we are adding to Ruth Helmsen