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Page: of 6

THE NEVADA City NUGGET
FRIDAY, MARCH 2, 1934
ES ACT
~ AS APPLIED TO
“MINING SHARES
By FRED’*CARTARPHEN
Consulting Mining Engineer
Unquestionably the Federal Securities Act of 1933 aims to strengthen the, morals of private business
and to formulate a code of rules for .
+. the control of its intelluctual.diversions. It is not for us to judge here
as to the morality :of. government inj
business, as compared with private
initiative, but. we may note the ten-:
dencies of present legislation, and
‘operations, or through taxation, help
,to augment public revenues.
. These losses were brought about,
in part, by. the sale to the people of
issues of stocks and bonds of corporations whose promises of profitable
. financial returns Were based upon
unsound calculations, and were there. fore doomed to be broken and the
corporations wrecked.
Or by companies whose objectives
’. } were fair enough, but whose corporate structures were so askew that
j they were easily destroyed by mismanagement.
And by corporations whose exissolely tence and worth depended
upon the success that might attend
the shady manipulation of the value
Weigh its influence upon our personiAl fortunes. Possibly .such_elgislation may be devoid of moral values.
It may have a very practical aspect.
This Security Act comes at a time
j of its stock and bond issues.
MARKET RIGGING
The intelluctual device that were
brought into being to attain this end
when .the government is spending . 2re too well known to be described
money at an extraordinary rate, and
is facing the almost immediate pay.
meunt, or refunding, of nearly nine’
‘billions of dollars.
It is estimated that the people of
the United States lost twenty-five
hillions; ef, dollars, in the period 1920
to 1930,-through-the purchase of securities that became worthless. This
is a prodigous sum. It is equal to
“the national debt. If .theselosses!
can he curtailed, it is. reasonable to
asqume,, that, large. sums, hice he ayailPhone 250 W
drass Valley
Nevada City
GRASS VALLEY STEAM
-;burghase of .securities are actions
. within the law,of, contracts.
lid contract, there must be a’
& yell . contract _Tegistration statement.contains.a mai terial. falsehood,.or if it. omits. a ma. in detail. It will suffice to mention
ithem. The rigging of markets, the
over-valuation of assets, the underjstatement of liabilities, the diversion
:of revenues, the understatement of
expense, the giving of bonus stock,
ithe declaration of ‘unsecured stock
dividends, preferential subscription
rights to favored persons, or officers, ;
and many other acts that are viewed . ' Regulations under the Securities Act
;aS mofally corrupt and unconscion-.
‘able.
Mining is a great industry: It
too, has had its ‘good and bad corporations. In fact some people —
been SO unkind as.to assert that mintific though . hazardous delving into:
‘I the depths of the earth for the. treasures ss Nature.
is my: opinion that , scientific
, bY this definition, has Jittle
to. fear, from the. Securities Act. That
Now, as in the past, the sale and
To, be
meeting, of, the minds of the parties
thereto,, concerning. a lawful subject
matter, and for a valuable consider.
ation.
AIMS -QF .SBCURITIES .ACT
The Securities Act aims to make
available the necessary information
for a proper meeting of the minds,
and after. that,.the purchaser must
make his own decision. The government guarantees nothing. The docLAUNDRY * DRY CLEANERS
111 Bennett St Grass hen
trine is now caveat emptor et vendor,
let the purchaser and. seller. beware.
Obviously, the Securities Act is
ee esa ane the demand, of thousGOLD,ON GLASS
WALL SIGNS—
weenie _
Commercial and Outdoor Advertising
207 Commeriel St. Nevada ‘City
TRUCK LETTERING
WINDOW DISPLAYS
PICTORIAL PAINTING
Standard: ‘ON OW Products
__=-Spring Is JUST ARQUND. THE: CORNER
_SOME.RUFOR COMPLETE TIRE SERVICE—
this, ds, so,, will, become, ¢lear, with the: .
progressiye .study .of its. provisions. . Co™Poration
artful abstraction of wealth. from the :
pockets of the unwary, and the scien‘the determination of liability within , that. would have been harmful both}:
jable for the cee of government . ands of investors who lost millions aveided:
' securities thus aiding the refunding ; in depreciated securities for a New
eal in the marketing of stocks and
jonds.
carefully drafted, passed unanimously_by Congress and signed by the
President, without dissention or opposition, as shown by the record.
Therefore it is reasonable to conone, and mining promotions must be
made to conform to this law. As you
are undeubtedly familiar with it, a
‘iasty reference to its. provisions will
be sufficient for the purpose of these
remarks.
The ‘‘issuer’’ of the _ securities,
that is the person or body who received the money, in particular, and
the directors, executive officers, underwriter, banker, dealer, promoter,the mining engineer, accountant and
experts generally, have a responsibility hitherto implied but now made
explicit, to see to it that a truthful
cerning
and its worth and. business.
issue of half truths;
with, and conform to the “Rules and
eral Trade Commission.
This Act ‘has teeth in it. ” The
. penalty for an unlawful. offer of sepage for sale, may be.a.fine up
o $5000, or imprisonment for not.
ing is both.an art and a science. The . , more than five years or both at the, ing who have not geparted its rodiscretion of the court.
I take it that the officers of legiti!mate mining companies, would rather
; Stay in the hills, than in jail, and it;
This bill was solemnly considered,clude that it was acceptable to every-!
statement is made to the public conthe company organization,
This statement,must cover the:material facts, and is not to bé.a,vague
If Interstate
sale of securities is contemplated,
this statement must be registered
1933” as promulgated by. the .FedSince the issuer has the
money, there is no excuse for the
error in the statement.
On the other hand the officers and’
directors have an excuse. First they
fare absolved if they had reason to
j believe and did believe that the facts
jas stated, Were true and fully stated.
Second, if they placed a true reliance
on the report of an expert and made
sure that the registration statement
conformed to the expert’s’ report,
there is no liability.
EFFECTS OF ACT ON MINING
What effect has the Securities Act
j had upon mining?
i If we ignore the uncertainty that
}existed concerning the ultimate price
of gold, silver, and the other metals,
the past few. months have been peculiarly favarable for the marketing
of mining stocks. It\is reasonable
to expect.an increase in the number
of companies, filing registration
statements with the Federal trade
commission, unless, .the Securities
Act is a great deterrent.
It may be said.that about 20 per.}cent of the registration statements
filed since last June with the Commission are from mining companies.
Also 47 per cent of the statements ;
withdrawn, and 63 per cent of the
stop orders entered, are on account. :
of mining .companies.
These figures indicate a great actiyity in mining, as compared with
the recent past. One fifth of all they
companies registered is a goodly
number, and.is most encouraging.
cate a surge of newcomers in min}mance and glamour . from its stern
business requirements.
The. stop, orders are due to ignor.
. however, ing proper expert advice, in the main;
BEST SELLER OF1508 GAVE NAME
TO CALIFORNIA
At this season many’ local people
are being asked about the histcry of
California by friends from outside
the state. Common questions are:
Where .did California get its name?
What first attracted visitors to its
shores? Has the climate always
been a topic of interest? Answers to
these and similar queries. may be
found in the rare manuscripts, diaries, books, and newspapers now be,ing exhibited at the Huntington Liporary in San Marino.
A “best seller’? in Europe in the
sixteenth century was ‘‘Las Sergas de
Esplandian, ”’ published in 1508. Although opinion differs, most authorities believe that .the name California. was derived fram this Spanish
romance dealing withthe exploits of
the .Knight Esplandian. The story
,tells of a mythical island _ named
Indies” and. “close by the terrestrial
paradise. ” The earliest known English version, printed in 1664, which .
is on exhibition, speaks of a beauti.
ful queen “of great spirit; valiant,
[haray,, fair, and of 800d behavior. .
; reigning in California. e
The number of withdrawals indilp EARLS ATTRACTED EXPLOYERS
Gold. and pearls, attracted the. earliest European visitors to the California coast and furs Jater brought
American trappers and . traders. -Until the sold strikes in the 1840's;
the, yellow metal, as aj
. is proper fo give some attention to!and also to attempted promotions {Celfornia. Product, was more & myth
the meaning of the act.
LIABILITIES UNDER THE .ACT
Those who are conversant with
law, know. that there.
must-be plain -liability onthe direeis meaningless. .For.what are. these;
Screen of innocent third parties, the
_yents , the financing of mining venIt is said that officers, direc='
sor. What are the defences to this
liability ? ;
Now as always, the “issuer” may
be sued for fraud. Instead of a
ed that costly litigation will often be
men liable? They are liable ifthe
terial fact. ‘The prospectus must
agree .as.to, essential ,facts.with .the,
: statement.
_This liability_seems to be all in
clusiye. . Hence the criticism of. the
act, and the assertion .that it pretures.
tors, hankers and , the, others, . hesitate to assume the responsibility of
ascertaining the truth concerning the
nterprises that they manage or spontest lies in the registration statement; it is reasonably true, or it is
false, and the issue is so neatly joinOpen, _the' door. to,a new, world’
forepoanle, vbate, ey — is, poor
Steet
DA, CITY
(620. Hl SHIRKRY, 0. D.
118. Mill. Street. q
_ GRASS ‘VALLEY, CALIF.
i ©SMARTEST. AND NEWEST CAFE, IN, GRASS, VALLEY
‘HOME .COOKING—/
t . Complete Seryice at
Heat VR: ~~ pemmamite a
Valley, ugo Building, Grass Valley.
Corner Mill and Neal Streets, Entrance on ‘Neal St.
‘LQNCHES.TO TAKE QUT—THESE ARE OUR PRIDE {
PERCOLATED COFFEE THAT SATISFIES
-~Mrs. Bessie ~~
i A =
T’S. GOOD .
‘Pleasant Prices:
_PERMANENT WAVES .
‘OF QUALITY ~~
‘The only Genuine Duart ©
‘Machine in town
FINGER WAVES THAT STAY
Ainsworth: Shoppe
438 Commercial St.-Phone a
‘Neyada City, California
areca
_ COMPENSATION, INSU
MILLS. BUILDING
MINIMUM DEPOS
Antnun 8. Foots
» RREROENTpinvaae BY
ERR SEA
e
ae ongiie 292—LIMITED MUTUAL
F CALIFORNIA
for the Careful Mine Operator:
LOWEST RATES
«MAXIMUM DIVIDENDS .
STATE: smaron
RANGE COMPANY
SAN. FRANCISCO
ITS
JNATHAN. L. FAIRGAIRN
SECRETARY
‘Builds Sturdy Bodies 7
Ito the public and. to mining, for the
t interest of. both. is identical.
sEATR DECISIONS
«In,studying the decisions of the;
! Federal Trade. Commission the con-}*
tors and officers, or.the.prohibition . (ugion has been reached, that they#
‘ have acted. wisely. fairly, and with a
j breadth of .view that .is noteworthy.
it, eee: that if, the. truth of the en-’
terpri is told, .no matter how
Strange it.may. be, and the several
statements check, the Commission
iwill not. act harshly.
The .risk to,the, miner lies in the
fact that if .his. proposition is not
find few purchasers, for his offerings.
Therefore the extensive booming
of prospects may be curtailed.On the
other hand, it is a certainty, that the
safeguarding of all securities, and
}those of mining in particular, will
restore confidence of the inye&ting
public in meritorius projects.
Mining is not a circus, it is not a
confidence game, and when the buyer has the facts and weighs. the hazard, it will, be found that. funds. will
be available for, exploration of. prospects, and the development of mining .districts. The future of mining
as a, great industry graws brighter
and all right thinking men will see
to it that. his representation and evasion will not repress this _attainment. :
4 ‘Tt ds possible. that. the present congress , will clarify, the liability clauses
beyond the, Possibility of a doubt as i
to *their meaning. If any act ‘they’
will be to make. them mare rigid;
ra
ds, generally conceded that the act is q
less drastic. than. similar legislation
in, other. countries, therefore it is imICE
WAS RIGHT
iWASN'T IT?
"FJOMOR CERTAINLY,
'{1S: FILLING OUT’
SINCE. HE GETS,
AM, pe BANS.
S terest but did not. immediately yield
ery.in.the region.
some of which.are now in,the. :Huns
=a
than a reality. The land “abounding in gold’: ment{oned , in the ““Sergas de Esplandian”. excited much ins
any _ treasure. _Cortes ina letter
,Written from lower , , California, in
1535, remarked. that he had seer
people with quantities of pearls;
proving that there was a pearl fisbSubsequent exPeditions obtained ,pearis. and _ also
prepared valuable charts and reports,
tington Library. :
The earliest considerable
from California, however,
profit
was de:
California ‘at, the right. hand of the
the trade in jae bethine ‘segeeiant,
as told in 1840 by Richard Henry
Dana in the first edition of his book,
“Two Years Before the Mast,’” on
view in the exhibit.
EARLY CLIMATE BOOSTERS
Has the California climate always
had ‘boosters’? As early as 1683
it was mentioned by the Jesuit missionary, Father Eusebio Kino, in one
of the exhibits—anold letter in diary form. Referring to what is now
lower California, he ‘writes, ‘The
land is good and the temperature
pleasant.’’ Dana also praises the
weather, in his ‘‘Two Years Before
the Mast.’’ He remarks, ‘“‘It was a
beautiful day . . and. so warm
that we wore straw hats, duck trouSers, and all the summer gear. AS
this was mid-winter, it spoke well
for the climate.’’ According to the
July 17, 1852, issue of the “Los Angeles Star,” the attraction of the climate was great even then: ‘“‘We see
is estimated in letters from. the western Atlantic States, that there are
upwards of one hundred thousand
people from every founty jin the
west, on their way this year.. . to
California. af
The “upward of one hundred
thousand” visitors of 1852 will probably be increased .twenty-fold this
year, according. to. estimates of touridist agencies, and many visitors will
‘be asking questions about Califor_hia’s romantic past. There is no
. . vivid and conclusive way to ‘supply
-answers than. by inspecting the .ac; tual records to which historians re. Sort. A rare opportunity is offered
. both tourists: and “‘native sons” during the next few weeks to see some
jot these precious source documents
at the ‘Huntington ss i
. LOGAN THOMAS WORKS ARO EE B,
JIGCINS GRAVEL MINE
Logan Thomas, whi who is operating
the ‘old Higgins: Bravel property on
Goodyear Creek, is busy night and
day. The.Yuba_ river, below the
mouth of Goodyear Creek, is a rich
yellow color from hydraulic operations.
The rainstorms of the past few
days has resulted in swollen streams
and a. plentiful . supply of ;water for
mining purposes. .
oO
equitable, and consistent with the. Tived from. furs. After the renowned
hazards of .the enterprise, he wili. =2S!sh explorer, Captain James.
: : Cook reported about 1776 buying
“skins of various animals, such as
wolves, foxes, bears, deer, raccoons, .
polecats, martins,and in particular .
of the sea otters,” a “fur rush” aa
on. One market was the Chinese,
who often gave over one hundred
dollars for a sea otter’s. skin. Later
portant to accept it as it is, whether
we agree or not, unless the public
grow impatient and. demand further
restrictions that may prove onerous,
rather than beneficial.
‘Eally-Sately
Follow. the K-14 Diet.. .
‘Chart and take
KELFOOD
A patural food. supplement prepared: from ‘marine , vegetables
A copy.of ‘this dict chart
IAS Shey ROME Bere NS ise SRR Ree
E. J. Haverstock, hotel man of
Washington, was a recent Nevada.
City visitor.
Don’t Prolong
The Agony!
Next,‘time you suffer from Gas
on Stomath, ‘Headache, Sour
odie a Cold, ‘Muscular,
uma tic! s Be or, » Periodic
F Paint t Tir Feeling, That
elas r” Pr aee Geta
Aa ape oi a of #f0P seal as
ne a oe bateot
arjased a en whe Wath dt wat
ou .
df almiode a wal eae
ig, er, ause
i alee air iline
as contains am
Te ae e x ‘ *
cay peri e n.by rene jas
eb @ Caiise’ wil en ety ee
excess cay
para sane = t
teed 2 ‘Alka. hopes. “8 .am more
thin pitied. nee’s ork A
Get a glass a
ur drug store
soda fecintait 4 at your home a 30
cent or 60 cent Brits
We have the quality .
you want at the price
you want to pay
Sess
a
Nevada City .
California
Here you will find
Prices That Meet Present . ,
Day Conditions .
.
Nevada City
‘Nugget does all
Kinds of Printing
Just a Little setter s re
a 4
OWL TAVERN. CAFE :
“YOU CAN'T _ BETTER
THE, , BEST”
Finest, Food And Coffee
and BEER
134 Mill Street §
Grass ieee Cali.
*
BEST ~—e AND COURTEOUS T TREATMENT, '
dove sai PRICES, ARE ‘RIGHT. WE ARE THE watkine
be MANN RUSE,
ones #2, all, Rewnable Pail petal Negdracek,
Saperinton
va sacar pid vine. §
,
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