New-York tribune., 1907-11-26
FISH COMEDIES POINT.
H0rahon Sees WeaknesS IN Ab0n-
d0ument Of Mutual Injunction.

Chicago, Nov. 25.-The Mutual Life Insurance
Company's stock in the Illinois Central Railroad
freed from the operation Of the injunction
recently obtained nv Stuyvesant Fish restrain
ing the life insurance company from voting its
stock at the annual meeting of the railroad COM
uanv. on motion of Mr. Fishs attorneys this
afternoon The insurance company owns 5000
shares OF Illinois Central stock and with this
released the injunction now affects 2s1.231
shares
In making the motion to dismiss. the attorneys
for TIA former president of the road said that
there is fair ground under the statutes Of Illi-
nois. to hold that life. fire and other insurance
companies can hold stock in such companies for
investment purposes only and they therefore
did mot care to question any such right
we take this step" said Judge Farrar, one
Of the attorneys "in order to relieve the case OF
what we believe TO he the only dscussaole prop
osltion IN il and in order to reduce the case 10
the fundamentally different questions which
arise as 10 the Union Pacific Railroad Company
and the Railroad Securities Company.
Judge Ball granted the motion without preJu-
dice to the orders issued as to the other de-
PENDANTS. who include L. II. Hartman, J. l.
Farahan. John Jacob Astor, Cornelius Wander
hi1t Jobn w Auchincloss. Robert W. Goelet A.
G. Hackstaff. Charles A. Peabody and others.
To-dav,s action followed a MONDAY confer
ence between Mr. Fish. who arrived from Ne'|
York this morning. and his attorneys The case
was called early in the day but r. w Leuan
attorney for Fish, informed the court OF MS
clients arrival and asked for a postponement
until afternoon that he might have time to dis
cuss the matter with him. Mr.. Fish ana MS at
tornevs were disposed TO treat the matter hght-
" tonight asserting that their interests aHect-
81 bv the dismissal are comparatively insignih-
cant and that the issue as TO the other detero'
ants will have a different outcome.
on the contrary. President Harahan OF the
Illinois Central saw in the action a confession
Of weakness and predicted that the rest OF inc
case will fall In a similar manner
Mr. Fish could not maintain the integrity or
tho oARdavit which he made when he swore to
the hill and therefore quit" said Mr.. Harahan.
"t4e was a trustee of the Mutual Life Insur-
ance Company when II acquired the stock ana
voted it for years. When he ceased TO be a
trustee Of the insurance company he discredited
his own record by attacking investments which
ba assisted in making. We have got all we
asked for at this time, and the rest of the case
will be taken care of just as effectively.
Mr.. Fish took advantage of his presence IN
Chicago to give out a statement in answer to
the demurrers answers and bills Of exceptions
filed by the defendants to the suit Saturday and
dent of the Illinois Central
',These charges, vague false and stale, are set
UP to affect proxy getting, and not to operate
as a defence Of the injunction suit" he said. Il
have repeatedly answered these same accusa-
tions, showing that Harahan. Astor, Hackstaff.
Auchincloss and Vanderbilt. following Harri-
man. have invented at least four reasons for
deposng me from the presidency Of the road,
although at that time they wrote me letter
giving as their only ground my refusal TO elect
Mr. de Forest a director After the loan TO
which they refer had been made and paid by
me- these same men elected president OF
the company, and increased my salary. The
charge that am trying to use my dictatorship
in the Missouri Pacific TO control the Illinois
Central is childish. Further. none of the an
swers are sworn to and do not believe that 1t
is intended that any Of the parties shall ever
verify these statements under OATH