| Show EXPERT AGENT CAN EXAMINE BOOKS Supreme Court So Holds in an Opinion Handed Down Today T day SPENCER CLAWSON WINS Decision Which Is of Interest Inns much as ns There Thero Been a I Num bee of or Similar Cases Untried In nn an opinion handed hown ho by b tho tIle Supreme court this morning In the tho case cast of ot Spencer Clawson against I A Clay Clayton Clayton Clayton ton and tho tue Clayton Investment com cant company lien Ian the Judgment of ot the tho to district court Is la tho action of ot the supreme court being In fu ta vor vur VOl 03 as 1 was tIle the decision of tho the die dis district dietrict court According to tho the decision Clawson Is entitled to inspect the tho ac account I account count books of or the Clayton Investment company cOlpany In which ho hu was WIS a a stock stockholder holder holcer at the tho time timo tho the action acton in tn the lower court COUlt was taken This Kettles controversy among a 1 number of ot other othor propositions lo of a a similar nature In Utah Clawson it appears from Crom tho the flies files tes In intile tho tile action aton applied to I A Clayton as us secretary and treasurer of ot the com corn company pan pany for tor permission as 1 a stockholder in iii tIle thu concern to Inspect tho the com coin books book This ruts permission was waa de do denied denied donled nied Thereupon Clawson applied to tote the te district court for an order lug Ing InS the defendant to permit him to In Inspect the tho books Ho lie lo stated In his ap up application 11 that although he had hud re ro requested quested the permission he ho had been beel denied ADMITTED AD IT D BY DY 1 DEFENSE IbEN E I A rne lie 10 defendants admitted tile tho pre preliminary re allegations ot of re ro respecting tho the corporate existence ce of ot the theCla j Clayton Cla ton Investment company but also sought sough to show that Clawson was 1 au with wih the tile account books and the tha methods of ot keeping tho the accounts and that ho he was wasn as competent to gi ga over the books booles as I an expert expert but that they theY refused to permit him hint to Inspect the books through nn an 11 agent or an ac accountant a countant alleging that they were at atall atal atall all al times willing that he personally should go over tho the books Upon a D hearing before the court tho thu cour Issues were found for tor Clawson The court held that tIle tho defendants unlawfully unlawfully fully dented the tIle permission to examine the boks bolts in tIm tho ho manner sought through an agent agent and further directed that the company or Its agents ot of all 01 I kinds should permit tho the Inspection It I was from this Judgment that the tho to de defendants appealed In th the tho appeal the defendants set It up that thal the uhe court erred In making the tho or 01 order order der Ier permitting an II Inspection pt of f the tle books of the corporation co through though an nn accountant CCO where in this nils through case case the right to a n personal inspection by the tha stockholder Is not denied THE Tim OPINION rim Tha opinion of ot tho the supreme court cur as written by Justice Juatco Prick arid and hand handed ed Cd down today says sAt At common law w the tho Inspection of corporate books bo Its by bytho byth bythe the tho th stockholders stockholder Is held to be a mat matter ter of privilege rather than right This TIlts doctrine was wa adopted by the appellants Tho The opinion Inclines to the belief belef that tho the stockholder Is within the provisions of ot tho the statutes when he demands an In of ot tho the books and records at atan any an time Ume The Tho opinion does not be believe behove hove lieve levo that tho stockholder should bo be denied to obtain the tho Information he lie de do desires desires sires to obtain In tho the manner ho he elects elect to secure the tho information desired d The opinion declares deares that It does not lay with wih the officers or agents of ot tho the cor corporation to say nay what method metho the tho stock should follow From Fm 10 Cyc C c 95 the court quotes Quote In support of its Is position Tho The stockholder is not con confined confined fined to a n personal I Inspection by b him himself hlll himself self but may mi exercise the tha right through an nn agent attorney solicitor counselor or expert Many Maly oases cel aro am cited cie in furtherance of t tim the tl courts courtl opinion Tho Tue he opinion confirms the tho Judgment of ot the tho lower court urt Judge T TD TP 1 D P Lewis presiding and taxes the tho costs to tollo the respondents |
