New-York tribune., 1907-12-13
FISH ATTACKED AGAIN.
,4rdo7it Filed at Opening of Hear
ing in Chicago.

ooo 1o-Argument for and against
Clioaa injection obtained by Stuyvesant Fish
the &c ti,e voting of 2S1,231 shares of Il
central stock at the annual meeting OF
Dhoi' becsn to-day in the Superior Court
th%' I,dee Ball. The proceedings were be-
peiOt .he presentation by attorneys of E. II.
sH -, of a long affidavit signed by Mr.. Har-
no. Robert Walton Goelet and Charles a.
n-xo5, In the affidavit it was set forth that
rich was not reelected president of the
MI because of alleged misconduct of Of
and alleged misappication of the funds of
ioo ~o-,,any-. 1t was also declared IN the af-
~ -. that under the laws of Illinois the
N",'n H. Pacific Railroad Company has the right
:. vote ell stock owned py II at the annual
ting on December is.
-, hartman and the other makers OF the
.adavit deny that they caused the defeat of
80, Fish as president OF the railroad because
= -efused 10 yield the control OF the Illinois
I,,+raI to the Union Pacific 1t is also denied
.ho- 7 T. FIarahan, now president Of the COM
-,onv. is under the domination Of Mr.. Hartman.
The statement which has been made that Mr..
Hartman and the Union Pacific Railroad Com
nsnv ever sought TO control the Illinois Central
Is also denied
IT is charged that Mr.. Fish has made COM
,oon cause with the Missouri Pacific, one Of the
strongest competitors of the Illinois Central 1t
IS declared also that he seeks to control ~she
Illinois Central for his own personal profit.
The affidavit gives the following reasons why
its makers refuse TO vote for the election Of
Mr. Fish:
Because. in the Judgment Of the directors. Mr.
Fish has mSused and nfsapplied the funds Of the
Illinois Central.
He has used his power IS president to control the
funds of the railroad company to the injury of the
railroad.
Of directors.
It was further stated in the affidavit that the
sole reason for electing Mr.. Harahan president
Of the Illinois Central was because of his eff
cient management
Denial is made by the Union Pacific Railroad
Company that il owns stock in other transpor-
tation companies for the purpose of controlling
them.
The atlantis declare that 1Tr. Fish in advertis-
ing for proxies has falsely claimed that he was
refused reelection because he insisted upon the
independence Of the Illinois Central: and il is
further claimed that while Mr. Fish is seeking
70 prevent the voting Of stock held by the Union
Pacific Railroad Company and the Railroad Sc
curities Company he has often voted that stock
himself
In a counter affidavit fled by Mr. Fish he ad-
stock Of the Railroad Securities Company under
proxies from the company. He declared that
at no meeting where he voted this stock was
there any objection TO his voting the stock nor
was there any contest on any proposition. He
further declared that in the affidavits filed by
E H. Hartman, Charles a Peabody, John W.
Auchincloss and Cornelius Vanderbilt there are
gundry misleading statements which he pur-
poses TO contradict by subsequent affidavits.
Il was declared by Mr.. Ffsh's counsel this
afternoon that they were not prepared with
afHdavits. The hearing thereupon went over
until $50 tomorrow morning. After court had
adjourned for the day Mr.. Fish said:
The affidavits produced by Mr. Harriman's at
fcrneys in court today relash the same old SIAN
gers which 1 have met and answered so often
They We're drawn the lines suggested by Har-
riman's testimony before the Interstate Commerce
Commission, last February. when he was com.
reued invent reason for putting me out OF
the presidency Of the Illinois Central and did not
dare give the actual cause, which was that stood
.n the way Of Union Pacific domination Of the Hi
nois Central