as the income tax incorporated in said act of Congress passed August 15th, 1894, are unconstitutional, null and void. II. That the defendants be restrained from voluntarily complying with the provisions of said act and making the lists, returns and statements above referred to or paying the tax aforesaid. III. And that your orator may have such other or further or different relief in the premises as to a court of equity may seem meet. To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief herein and hereby prayed, and may full, true, direct and perfect answer make to the best and utmost of their knowledge, remembrance, information and belief, the said The Farmers' Loan and Trust Company, under its corporate seal, and the said individual defendants, not under oath-an answer under oath being hereby expressly waived-to each and all of the matters and things in this bill of complaint contained, and that as fully and particularly as if the same were here repeated, paragraph by paragraph, and they were specially interrogated thereunto: may it please your honors to grant unto your orator a subpoena ad respondendum issuing out of and under the seal of this honorable court, to be directed to the said defendants, The Farmers' Loan and Trust Company, Samuel Sloan, William Waldorf Astor, William Remsen, Isaac Bell, James Roosevelt, Thomas Rutter, William H. Wisner, Darius O. Mills, Percy R. Pyne, Edward R. Bell, Charles H. Thompson, Henry A. C. Taylor, Robert C. Boyd, Alexander T. Van Nest, James Stillman, Moses Taylor Pyne, Henry Van Rensselaer Kennedy, Edward R. Bacon, Charles L. Colby, Cleveland H. Dodge, Charles A. Peabody, Jr., Henry Hentz, Rosewell G. Rolston, Robert F. Ballantine, James Neilson and Franklin D. Locke, commanding them and each of them on a certain day and under a certain penalty to be therein inserted, to appear before your honors in this honorable court, and then and there full, true, direct and perfect answer make to all and singular the premises; and, further, to perform and abide by such further order and decree as to your honors shall seem meet; and also a writ of provisional and a writ of perpetual injunction to the same purport, tenor and effect as is hereinbefore set forth and prayed. And your orator, as in duty bound, will ever pray, etc. SEWARD, GUTHRIE, MORAWETZ & STEELE, Solicitors for Complainant, 29 Nassau Street, New York City. JOSEPH H. CHOATE, WILLIAM D. GUTHRIE, CHARLES STEELE, DAVID WILLCOX, Of Counsel. William D. Guthrie, being duly sworn, doth depose and say that he is one of the solicitors for the complainant Charles Pollock, named in the foregoing bill of complaint; that the reason why this verification is not made by said Pollock is that he is absent from the southern district of New York and in the State of Massachusetts; that deponent has read said bill and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that, as to those matters he believes it to be true. The sources of deponent's information and belief as to all matters therein not stated upon his knowledge are communications with the plaintiff through the Boston correspondents of deponent's firm, who have conferred with said Pollock; reports published by the defendant trust company and Exhibits A and B in the possession of deponent's firm. WILLIAM D. GUTHRIE. Subscribed and sworn to before me, this 19th day of January, 1895. CARL A. DE GERSDORFF, [NOTARIAL SEAL] Notary Public, New York County (99). EXHIBIT A New York, January 5, 1895. To Samuel Sloan, William Waldorf Astor, William Remsen, Isaac Bell, James Roosevelt, Thomas Rutter, William H. Wisner, Darius O. Mills, Percy R. Pyne, Edward R. Bell, Charles H. Thompson, Henry A. C. Taylor, Robert C. Boyd, Alexander T. Van Nest, James Stillman, Moses Taylor Pyne, Henry Van Rensselaer Kennedy, Edward R. Bacon, Charles L. Colby, Cleveland H. Dodge, Charles A. Peabody, Jr., Henry Hentz, Rosewell G. Rolston, Robert F. Ballantine, James Neilson, and Franklin D. Locke, directions of the Farmers' Loan & Trust Company. Sirs: I am a shareholder in the Farmers' Loan & Trust Company, and am informed that the company intends to voluntarily comply with the requirements of the provisions relating to income tax contained in the act of Congress of the United States entitled "An act to reduce taxation, and to provide revenue for the Government, and for other purposes,' ," which became a law August 28th, 1894, and is known as the tariff act. I claim that the provisions of said act of Congress in respect to income tax are unconstitutional. As a shareholder in said trust company, I hereby protest against any action of the company and its directors in voluntarily complying with said income tax provisions, and I request that said trust company and its directors shall refrain from voluntarily Complying with any of said provisions, and from voluntarily paying the tax provided for therein, and from voluntarily making lists, returns, and statements in its own behalf and in behalf of minors and other persons for whom it is acting in a fiduciary capacity. I further request that said company and its directors shall contest the constitutionality of said act and protect its shareholders and beneficiaries, and apply to a court of competent jurisdiction to determine its liability under the same, or take such steps as may be necessary to protect the rights of the trust company's shareholders and those for whom it acts in its numerous fiduciary capacities. Yours very truly, By SEWARD, GUTHRIE, MORAWETZ & STEELE, His Attorneys. EXHIBIT B. The Farmers' Loan and Trust Company, 16, 18, 20 & 22 William St., New York, January 18th, 1895. Charles Pollock, Esq., c. o. Messrs. Seward, Guthrie, Morawetz & Steele, 31 Nassau Street, City. Dear Sir: Referring to your circular letter of the 5th inst., addressed to the directors of this company, we have to say that the board of directors, at a meeting held this day, considered the matter, and we hand you herewith a certified copy of the resolution which they passed in relation to your request. (Enc.) Very truly yours, THE FARMERS' LOAN & TRUST CO., (Enclosure referred to in foregoing letter:) The Farmers' Loan and Trust Company, 16, 18, 20, and 22 William St. New York, January 18th, 1895. At a regular meeting of the board of directors of the Farmers' Loan and Trust Company, held this day, the following resolution was passed: "Resolved, That the board of directors deem it inexpedient to comply with the demand of Mr. Pollock, on the ground that the failure to comply with the provisions of the income-tax law would subject the company to litigation with the United States, and the risk of incurring penalties, and of clouding the title to all the real estate held by it on its own behalf and in its fiduciary capacity." I hereby certify that the foregoing is a true and correct copy of the resolutions approved by the board of directors of the Farmers' Loan and Trust Company. EDWIN S. MARSTON, Sec'y. [Corporate Seal] FORM VII.-STOCKHOLDERS' BILL FOR INJUNCTION AGAINST TRANSFER OF ASSETS AND DISCOVERY WITH INTERROGATORIES. [154 Fed. 140.] To the Honorable the Judges of the District Court of the United States for the District of Maine: HENRY B. SNYDER, a resident and citizen of the Borough of Manhattan, City, County and State of New York, and the Southern District of New York, in his own right and on behalf of all other stockholders of the De Forest Wireless Telegraph Company who may come in and contribute to the expenses of this action, presents this, his Bill of Complaint against the DeForest Wireless Telegraph Company, a corporation organized and existing under the laws of the State of Maine, and a citizen and resident of the State of Maine; and the American DeForest Wireless Telegraph Company, a corporation organized and existing under the laws of the State of Maine, and a citizen and resident of the State of Maine; and the Atlantic DeForest Wireless Company, a corporation organized and existing under the laws of the State of Maine, and a citizen and resident of the State of Maine, all of which corporations are citizens and residents of the City of Portland and State of Maine; and thereupon your orator complains and says: I. Prior to the 1st day of April, 1903, the plaintiff had been continually, and still is, the sole owner, in his own right, for value paid to the persons to whom said stock was originally issued, of 27,000 shares of the capital stock of the defendant, the DeForest Wireless Telegraph Company, of the par value of $10.00 each, amounting to the sum of $270,000, in all, which stock prior to the sale, conveyance and transfer hereinafter mentioned was worth, at least the said sum of $270,000. II. The defendant, the DeForest Wireless Telegraph Company, which is hereinafter usually described as the DeForest Company, was organized under the laws of the State of Maine on or about the 7th day of February, 1902, with a nominal capital of $3,000,000, which was originally divided into three million shares of the par value of one dollar per share, but which, by a resolution of the stockholders thereof, adopted on or about March 25th, 1902, and filed in the office of the Secretary of the State of Maine on or about March 25th, 1902, was divided into 300,000 shares of the par value of $10.00 per share. The purposes of said corporation as set forth in the certificate of organization thereof, were amongst others, as follows: To transmit messages by the various systems or devices of electricity or otherwise, that are now known, or that may hereafter be discovered, and particularly by the system popularly known as wireless telegraphy, from the City of Portland to South Harpswell in the County of Cumberland, in the State of Maine, by the usual lines of travel, and elsewhere; not contrary to the laws of the State of Maine. To manufacture, purchase, construct or otherwise acquire, to hold, own, control, operate or otherwise dispose of electrical or any other contrivances, works and all necessary instruments and machinery for transmitting messages by signals or any other devices, electrical or otherwise. To apply for, purchase or otherwise acquire, hold and own inventions, and processes secured under letters patent of the United States and elsewhere. To construct, purchase, lease or otherwise acquire, to maintain, operate and control, electric ship lines, steamship lines or other water craft for transportation purposes. To equip vessels, ships or other boats or buildings with any systems or devices for receiving and transmitting messages. To carry on said business in any State, Territory, Colony or possession of the United States of America or foreign country, as principals, agents, contractors, trustees and otherwise so far as it may be done in accordance with the laws of the State of Maine with a provision that said corporation should not operate telegraph lines within the State of Maine contrary to the laws of the State of Maine; nor make, generate, sell, distribute and supply electricity for lighting, heating, manufacturing or mechanical purposes within the State of Maine contrary to the laws of the State of Maine. The principal objects for which said corporation was organized which were announced to the persons purchasing shares of stock of the same were for the purpose of promoting, developing, exploiting, patenting and rendering useful and practical to the public a method or system of wireless telegraphy, for conveying from place to place through the air, and without any medium or conductor other than the atmosphere, messages and information, for the purpose of erecting, equipping and maintaining stations and apparatus for the use and purpose of the said method or system and of serving the public in conveying messages and information by means of the said method or system. On the 4th day of January, 1904, the said DeForest Company was the sole owner of, and exclusively owned, operated and controlled, under and by virtue of the allowance of 58 claims for letters patent of the United States of America, Serial No. 67,136 and patent applications numbered 50,678, 67,136, 43,096; and by virtue of certain letters patent duly issued by the United States, and by Governments of other countries to persons from whom, by sundry mense assignments, the said DeForest Company acquired the title to the same. The numbers and descriptions of all of said letters patent and the inventions thereby discovered and the names of all the assignors thereof are to your orator unknown, but two of said letters patent, as your orator is informed, and believes, are numbers 71,600 and 71,634; and one of the assignors of the same was Lee DeForest. Said DeForest Company then owned, controlled and used an original system of wireless telegraphy known as the DeForest Anti-Coherer Method or system; and one or moré laboratories and manufacturies in the State of New Jersey and elsewhere; and certain wireless telegraph stations in the State of New York and elsewhere on the Atlantic Coast, some of which stations were constructed and in operation at said time; and others which were then in the course of construction. Prior to January 4, 1904, the said |