Show ME FATE BOARD J TIKES KE MINING j f CASE HIGHER f Makes akes Complaint t to Federal I i i Officials Concerning Ac- Ac Act Ac 1 t r tion lion of California Toward L J 11 Bingham f r. r r Utah and California have become In a ft dispute which has been 1 placed ced before the tho attorney general of ot the tl e United States Stites Charges harges have be been n tiled flied b by the Utah officials against the California au authorIties authorities au- au that the tho latter atter have been runty guily of ot a conspiracy In restraint of ot I Interstate commerce In violation of ot provisions of ot the Sherman antitrust I Lw Iw I The attorney general Is requested br the Utah authorities to give give- the z itter iter his prompt consideration and ami to straighten out a tangle which bich as n the Utah authorities de- de dire daft threatens to create a precedent and md thereby discrediting discrediting- and neutral neutral- the tho work of ot blue sk sky commis- commis Jons throughout the country the is echo The filing of ot protest an of cf t the thO transactions in connection with the Bingham Galena Mining l co company III The Tho protest tho the receipt of ot which was today acknowledged b by tho the United States attorney general in Washington was sent by the Utah commission after aCter that body bod h hid bid d adopted a re resolution based basel upon L I brief brief tiled flied by tho the Galena Bingham Galena c company RECITES HISTORY IThe brief briet sets forth the details of ot io tho case upon the part palt of the mining company beginning with the publication lon tion of the fact that warrants had been jeen sworn out before a Justice of ot th ho the peace in California against George Jeorge Graham Rice promoter and Child Barclay Co of ot Salt Satt Lake be the information being contained in news lews dispatches from Oakland Cal fit pt Is le pointed out that the state se- se commission lon invited the Call Call- ornia Cornia authorities to file tUe the charges charge I evolved fn in the process in California ir agaInst Child Barclay Co who are licensed censed brokers in Salt Lake and a I of ot the tho facts upon which I the they hey were alleged to be based Then flows the details of ot tho case all aU of ot I have been printed and the statement of ot Secretary H. H C. C Hicks I I cited that neither the commissioner of f corporations of ot California nor of- of of ot his organization nor the tho ot of- of b of ot Al Alameda ineda county in in which c aunty the proceedings lins were I would forward any Into information matlon dative to the complaint CHARGES RESTRAINT lt It becomes apparent recites the brief briet that the process of ot law taw was i to for the purpose of ot discredIting dis- dis credIting the thc firm of ot Child Barclay BarcIa Co and amI depreciating tho the value of ot he the stock tock of or the Galena Bingham Mining company it The brief brier then declares that the California authorities have havo for their p professed object the restraint ot of corn com merco Between the state state- of Utah and be the of or California in direct contravention con- con of ot the provisions of the Sherman act The brief concludes thus Confidently COnfidently Con believing belle that you OU have havo faith In n the Ute merit merits of or our securities and be the lawfulness of ot our acts and Jons and that you ou believe that the letter fetter anti and spirit of ot our securities act actU hu has U been flagrantly violated in Cali- Cali yet that you OU cannot help us of the t territorial limits limite placed upon your our Jurisdiction we earnestly petition that you formally call catl to the attention of ot the tho department of ot ustice at Washington the fact that Weare PC e. e are eare the victims of a conspiracy in of ot interstate commerce and uk k that official cognizance be taken take f if t the same EXT OF PAPER Accompanying the commissions commission's resl res- res l 1 Uon tion the following letter was sent sentis senti ais i is morning The Honorable Harry Daugherty Daughert Attorney Attorney Attorney At At- torney General ot of the tho United States Washington D. D D C. C The contents of within resolution fid d 1 tho complaints and br brief et of at the thew w Ii on oh which the same flame are arc based arc are to you ou In n a deliberate con- con cUon that a n. violation of tho the federal federi act has been committed as indicated ted If It the tho relief relict contemplated from this thia asuro is to be realized it is self self- dent t that prompt action on your OUr H Is ls essential We Vo feel fecI that tho the sit sit- precipitated by the tho conduct ot of e California officers if It left leU ed d will create a n precedent which pill III ba be followed by the same or oth other r tates LateC thereby discrediting and neur neu- neu L r If Continued on page page G. G t STATE BOARD I I Continued from I 1 page I the work of ot the blue sky commissions throughout the countr country ASKS SK PROMPTNESS 4 Moreover it will vili discourage e well welt meaning corporate enterprises from coming willingly under our Jurisdiction tion feeling that we are unable to protect protect pro pro- pro pro-I teet them when attacked through unauthorized unauthorized unauthorized un un- un- un authorized channels If It tho the federal antitrust act is not available a for tor the remedy of such an abuse as that practiced by the California California Califor Califor- nia ula corporations department ent then such abuse is without remedy a conclusion which is Itself a reflection upon the administration of ot Justice Earnestly invoking your our prompt consideration and inclosing all papers we have at hand which you ou may desire de- de sire In the case we beg to remain Utah State Securities Commission Commis Commis- I lIon sion H C. C HICKS Secretary ADOPT RESOLUTION In accord with this brief brIeC the state securities commission proceeded to action action ac ac- ac tion and adopted tho the following resolution resolution resolution tion wh which ch was forwarded to the de department department de- de I de-I of ot Justice In Washington It follows Whereas our attention has been beci formally called by the tho Bingham Bingham- Galena Gahma Mining company a corporation holding this commissions commission's permit to dispose of ot its corporate se securities to certain conduct of the c and deputy commissioners of oC corporations corporations corporations corpora corpora- of ot California and persons acting under them and as the Galena Bingham Mining Mining Mi Mi- 11 ning company in a petition filed flied with 1 us sets forth the particulars of sal said 1 conduct in de detail tall from which it ap appears appears appears ap- ap pears that the said conduct consists in the publication of notices reports and rind statements concerning the affairs financial I n condition and property of said Galena Bingham Mining company and Whereas said Galena Bingham Mi- Mi Mi Mining Mining ning company compan charges in said ald petition that tho the said publications contain statements b by and attributed to said corporation commissioner of ot California California Califor Califor- nm nia his deputy and persons acting under under under un un- un- un der them which are false and wilfully exaggerated and intended to and have havo havea a a. tendency to give a l less apparent I value to the property and securities of I said aid Galena Mining company compon e I than they really an and in fact tact possess and aul I Whereas The charges preferred by the Galena Bingham Mining Miffing company company com corn pany are confirmed as to the merits of ot said Bald Galena Mining compans compan's company's com corn pans pany's property and ancl securities by our inspection and investigation of ot th the same before the issuance to said Galena Bingham Mining company compan of ot our permit to dispose of ot said securities securities ties and andI I Whereas The Galena Bingham na Mining company charges 8 In Its said petition that said cond conduct ct of ot said California commissioner his deputy and persons acting under them would be If lC commUted committed In this state a felony under section 16 of or our corI corporation cor cor- securities act act- and I Whereas the said Galena Mining company charges s In its said saidI I petition that said conduct has a direct tendency to and it It does doe illegally In Interfere In- In In-I In with and control and imd constitutes const coast an Illegal combination a and d I conspiracy against and In i- i restraint of ot the interstate trade of ot said Bingham Bingham- Galena Mining company in In- In Its said securities and Whereas This commission cannot relieve said s Galena Bingham ham Mining company under th the provisions of or the tho corporation securities act of ot this state because of ot tho the of ot the I said corporation commissioner of or California Call Cali fornia and his deputy and persons call I acting under them and Whereas herens Exclusive Jurisdiction of ot conduct constituting a an me Illegal l combination combination com corn I and conspiracy n against and andin andin in restraint of ot Interstate trade trado and I the initiative to tu institute proceedings against the tho parties comprising such combination and conspiracy are aro vested In the courts and department of or Justice of or tho the United States I Resolved That the tho attention of ot the attorney l of oC the tho United States is hereby called to the said conduct of ot the said corporation commissioner of ot California his deputy and persons acting under him to the tho end that s such ch steps steps' In the Interests o of Justice I be taken as al may mav be bo appropriate Inthe in inthe the premises and I Resolved That the secretary forward forward forward for for- I ward to the attorney general t of ot the United States a n. certified cop copy of ot this rc resolution and of ot the said petition of ot the Bingham Galena Mining corn com com I pan pany E. E R. R Miller president of ot the I mining company Issued the following statement The officers of ot the Ring Ring- ham-Galena ham Mining com company pan have hae I expressed sed their views In full in the formal complaint made to the Utah securities commission and which was approved ed b by the commission and forwarded forwarded for tor- I warded by it to the a attorney general g of ot the United States for or action |