Omaha daily bee., 1907-12-14
HxPECTs TO DEPosE HARTMAN
Will Remove Magnate from Board Of
Directors II Possible.
FoRlLAI ARau1LEnTs REaN
Attorney John J. Hsrrick Opens for
Hartman Party.
In Amdavtt story aas ToIa How He
Was saved from DiamisaaI sew
eFal Yeafa Aso-IasaH-
anee BIoneS.

CHICAGO, Dec. 13.-sIf obtain a major
ity OF proxies TO be voted at the annual
meeting Of the Illinois Central Railroad
company, shall depose Edward H. Harri-
man as a director" declared stuyvesant
Fish in an afndavit filed today before, the
superior court. He also declared in the
afHdavit. TO everybody in the country the
removal Of such an individual as Harri-
man ~ shown to be would be a welcome
sign OF returning morality in the manage
ment Of great corporations OF the country"
Mr. Fish, reiterated the statement that
Mr.. Hartman Is seeking to control the
Illinois Central in the interest OF the
Union Pacihc
Mr.. Fish, in his afidRvit. which Is reply
to the one filed yesterday in the name Of
Mr.. Hartman and other directors OF the
illinois Central. declares that he has been
benefaetor OF ]. T. Harahan. now presi-
dent OF the Illinois Central. He asserts that
he saved Harahan from dismissal several
years ago when Hartman and George A.
Peabody declared Harahan had outlived his
usefulness to the company.
Mr.. Fish sets forth that there was perfect
harmony in the. company until the winter
OF 1SOi-5, when Hartman and Peabody
sought the establishment Of an executive
committee to which discretionary powers
WAS 70 DC utitEAleus lie oeclAfeS IN lne
AFFIDAVIT that he incurred additional enmity
when he refused 70 become a party to a
report "whitewashiug' the ofHciais Of the
Mutual Life Insurance company.
Loans Made Paid Back.
The assertion is also made that Hartman
and Peabody broke faith with Fish in 1906
when they agreed that a man independent
of any faction was TO be elected to the
directorate 70 hll the vacancy caused by
the death of w. NJ. Grinnell Hartman
he says attempted 20 secure the election
Of Henry w. Deforest an attorney OF Mr.
Hartman. who was also a director OF the
Southern Pacific which is dominated by
the Union Pacihc
Mr. Fish declares in his afidavit that
since 1877 It has been the custom Of tho
railroad to loan its idle funds to officers
and directors Of the railroad. or TO firms
, Of which they were menabefs. or to cor
porations of which they were officers. Mr..
Fish insists that Hartman and Peabody
were aunong those who took advantage of
the custom OF the company in loaning the
funds He declares that all OF his loans
were recorded on the books OF the COM
pany and that the collateral was good and
sufficient Referring TO the loan of $4,000
70 the Trust Company OF the Republic. Mr..
Fish asserts that Il was good. hut that in
the panic OF 1903 the collateral deprecated;
that the total amount $4,000. has been paid
and that the company viii lose nothing.
Denies He ia a Traitor.
Mr.. Fish charges that the accusations OF
mismanagement made against him are un-
trues He admits being a director of the
Missouri Pacific railroad. which Is to some
extent a competitor OF the Illinois Cen
trai, but says that tho charges that he
desires domination over the affairs OF the
Illinois Central for the benefit OF the Mis-
souri Pacific are false and slanderous.
IN an afndavit made by Mr.. Fish. the
following Is included
IL Is true that II ] obtain a majority OF
the proxies PEop9ss to put Hartman I,,GIs 5s On
trail have pledged myself 10 do this, and
i deem Il my duty TO do so, both In the
shares Of stock; IN tho interests OF the
patrons OF the road, bf the people Of
Illinois and OF the United States. and tc
as Hartman as is shown by the Inter
state Commerce commission report No. 942
would be a welcome sign OF returning
morality into the management OF the grea
corporations OF the country.
Formal Arguments.
After the reading Of the Fish afidsvit
the formal arguments against makinl
permanent the injunction obtained las
October by Mr. Fish restraining the voting
OF stock heid by the Union Pacific and tn
Railroad Securities company were com
menced.
Attorney John J. Herrsk opened for Mr.
Hartman,
He declared that the statutes OF Illinol
DO not prohibit the requirement OF ex
change Of stock BY connecting railroads
and that the holding Of Illinois Centra
stock BY the Union Pacihc is not Illegal
He also asserted that Mr.. Fish had pro
duced no facts to substantiate his allega
tions that his removal from the presidenc
OF the Illinois Central had ensued becaus
he opposed the election OF Deforest as
director.
Attorney HerFiek continued his argumen
against the Injunction throughout the aft
crnoon.