New-York tribune., 1907-10-16
HARTMAN LOSES VOTES
STILL CLAIMS VICTORY.
Injunction Obtained by Fish in HI
n0is Central Fight Modified.

or
power Of 2s6,731 shares of Illinois Central
stock in the annual meeting of that railroad
company which opens at noon tomorrow The
order practically identical with the r,od,e
cation asked by the attorneys for Mr. Hartman
Both sides claim a victory-Nr Fish because
the enjolned shares viii not be effective at the
election and Mr. Hartman because his rnodif
cation obtained.
The shares of stock ruled out are those held
By the Union Pacific Railroad Connanv the
Railroad Securities Company of New Jersey
and me MUTUAL Life Insurance Company of
New York, against which a Temporary iniunc-
ton was issued yesterday by Judge Ball in the
Superior Court Mr.. Fish yesterday asked that
the voting Of these shares be enioined Tho
court to-day. after argument bv the attorneys
for both sides, modified the Injunction hv ner
mtting the shares to be voted under the condi-
ton that II any one of them should have a de-
cslVe erect on any vote taken the entire vote
is then TO be null and void. In order. therefore
10 defeat Mr. Fish on any motion or resolution
which comes before the annual meeting. Mr.
Hartman and his friends must cast 2S6 49,
votes more than cast by Mr. Fish and his
followers
There gre 950400 shares of Illinois Central
stock outstanding. Counting out the shares ar-
fecfed by Judge Balls decision TODAY +ba
total effective vote is 663, ,669 shares. Based on
previous meetings of the company's stockhoId-
Gs TIE estimate is made that approximately
W0oO0 shares will not be voted This. in the
opinion Of the attorneys in the case. will leave =
probable representation Of 563, SEQ shares at the
meeting.
Ihe oeclslon OF Judge Ball was granted after
The attorneys for Mr.. Hartman and Mr.. Fish
nad hlled The Gay with arguments aud was the
result OF an agreement reached between William
Nelson Cromwell
and Judge Farrar, of New Orleans Tho acted
for Nj Fish At the opening Of court Ralph
NJ SHAW presented motion in the name Of
President Harahan OF the Illinois Central ask
Ing for modification of the temporary injunc-
lion issued yesterday. The modification sug-
gested by Mr.. Shaw follows:
There shall be received and tabuated by the
inspectors OF those appointed 10 receive and
canvass the ballots all the votes Of all the
shares Of such corporation including those
shares hereinbefore restrained from voting,
which may oe voted on anv motion or resoIu-
uon or for the election of directors of said
corporation, and the votes of the shares OF
stock the voting Of which has heretofore been
restrained shaH be kept and tabulatad in q
separate Est, and Il it shall appear that the
results Or the votes on any motion or resolution
would be different !f the shares of stock here
tofore restrained from voting should be counted,
then the entire vote on such motion or resolution
shall Be Of 10 effect. and the as # It had
never been taken, and If IL shall appear that the
result Of the vote for any of the directors 70 be
elected at the annual meeting October 16,
1885, would be different II the shares of stock
heretofore restrained from voting should he
counted, then the entire vote for any such Ill
rector or directors shall be OF no effect and the
same as If it had never been taken. and there
upon the election OF directors shall be post
poned.
The final order Of court issued by Judge Ball
the that just quoted. which was
submitted By Mr. Shaw. A few trifing aItera-
tiers which did not affect the general sense
were made. and IT was provided in Judge Balls
order that the date of the postponed meeting
Il an adjournment became necessary, shall be
December is.
Mr.. Herrick, IN support Of the modification,
declared that President Harahan held proxies
to the amount of 100000 shares. and that other
stockholders representing $4,000 shares would
vote with Mr. Harahan. This included the 2S6-
I31 shares enjoined yesterday, leaving the claim
Of the Hartman people of their voting strength
at 30SO00 shares in round numbers.
Mr. Herrick asserted that Stuyvesant Fish
desired to be elected director OF the Illinois
Central and declared that the Railroad Secur-
ties Company, the voting OF whose stock had
been prevented. had prior to 1901 owned 10000
shares, and that in the years from 1901 to 1905.
Inclusive the proxies for this stock were given
10 Mr. Fish and voted by him at the annual
meeting. He also declared that at all meetings
prior 10 1906 Mr. Fish had voted by proxy the
5000 shares Of the Mutual Life Insurance Com
pany Of New York-a proceeding which he now
alleges was Illegal.
Mr. Dickinson, general counsel of the Illinois
Central Railroad. also spoke briefly in support
Of the motion for modification.
This closed the argument Of counsel for Mr..
Hartman and President Harahan. and Judge
Farrar spoke for Mr.. Fish.
my CLIENT he said has no desire to take
advantage Of this restraining order. He wants
the matter finally disposed of by the courts. We
are willing TO do anything reasonable to get
speedy hearing OF this issue on its merits We
suggest that both sides agree to have the meet
ing continued until the court has had oppor-
tunity TO hear the case on it's merits" Both
Judge Farrar and Attorney Leaman, who fol-
lowed him for sIr. Fish, declared that the court
was authorized in issuing the temporary injunc-
ton.
i CROMWELL ATTACKS FISH.
William Nelson Cromwell objected to the post
ponement Of the meeting suggested by Judge
Farrar. saying that counsel were powerless TO
make such an agreement.
Doesn't Mr.. Harahan hold 100000 proxies?"
asked Judge Farrar
The holding Of proxies" replied Mr. Crom-
well. docs not carry with It permission to enter
The appearance Of their owners in court. My
friend is too learned to stake his reputation on
that assertion"
Turning to Mr.. Fish, whose eyes never left
The face of the speaker. Mr. Cromwell said
Here is a who seeks a temporary in
Junction at the last hour to enable him to pre-
vent the voting of stock that he has voted for
years to grab control. TO seize with minority
the management of this corporation He has
not votes eunlluh and that a. Hcl1v he seeks n