New-York tribune., 1907-10-15
FISH GETS INJUNCTION.
NEW MOVE IN L. C.. FIGHT.
y 0ting of 2S6,73f Shares in Harri-
man Interest Temporarily Restrained.

Chicago, Oct. 14,-Stuyvesant Fish. through
his attorneys. H. w. Leman and Frank II. Gull
YER of Chicago, and Edgar H. Farrar. of New
Orleans. to-day obtained a temporary iniunc-
tiOn whiCa will. if made permanent. restrain
the voting at the Illinois Central meeting here
on Wednesday of 2S6731 shares Of stock of the
Illinois Central Railway Company. which would
otherwise be voted in the interests of f. II.
Hartman. The writ is directed against the
Union Pacific Railroad Company, the Rail-
road Securities Company of New Jersey and
the Mutual Life Insurance Company of New
York, which. combined. hold the above shares
of stock
Mr.. Fish and his attorneys entered the court
room of Judge Ball. of the Superior Court. at
> o'clock, but it not until two hours after
that time that they were able to obtain ths
attention of the court and ask for the Issuance
OF the injunction.
The petition was filed by ex-senator George
F. Edmunds. of Vermont; John A Kasson. Of
Iowa; Stuyvesant Fish. of New York. and
William H. Enrich, of Chicago. as stockholders
of the Illinois Central Railway Company. against
that corporation. its directors and stockholders:
the Union Pacific Railroad Company. the Rail-
road Securities Company. the Mutual Life IN
surance Company and large number OF in
dividuals in whose names it is alleged the
Union Pacific Railroad Company has placed all
the stock which it holds in the Illinois CentTafs
and in whose name >the Railroad Securities
Company, it is further alleged. has placed
1900 shares of it's stock i'll the Illinois Gem
tral. In addition the temporary injunction
sought final decree was asked declaring that
the Union Pacific Railroad Company and the
Railroad Securities Company have no power
under the laws OF Illinois to own stock in the
Illinois Central II also asked that these
companies be directed 20 sell their stock in ths
Illinois Central within reasonable TIME
UNLAWFUL. SCHEME CHARGED.
The petition charges an unlawful scheme OF
the Union Pacific Railroad Company to control
the commerce of the United States b. buy
ing large blocks of stock in the principal trans
portation companies 1t also sets forth the
facts stated in recent report of the Interstate
Commerce Commission in regard TO the trans
actions of the Union Pacific Railroad Company
and r H. Hartman.
II sets forth the names Of corporations the
stock Of which. IT is alleged, the Union Pacific
has bought among them the Chicago & Alton
the Illinois Central. the Chicago. Milwaukee Ss
St Paul and the Chicago & Northwestern Rail-
road II charges that these four companies own
and operate parallel and competing lines both
in and outside Of the State of Illinois, and thar
II is unlawful for the Union Pacific company 10
F~'--N--N-
peting lines.
II is also charged that the acquisition Of the
stock OF the Illinois Central by the Union Pa
cifc which took place in July. 1906. was con-
cealed from the public and the stockholders OF
the Illinois Central and was first brought TO
light by the Investigations OF the Interstate
Commerce Commission 1t is alleged that up TO
this day not enc share of the Illinois Central
stock has been registered in the name OF the
Of NTA 1fn
stands In the names of clerks and brokers OF
Kuhn Loeb & Co
II is further charged that in the effort to get
as large a percentage OF the stock of the Illinois
Central as possible the Union Pacific violated
its charter in buying the stock of the Railroad
Securities Company of New Jersey. which held
as its only asset $4,000 shares of Illinois Central
stock.
The charge is made that $4,000 shares of III
nos Central stock belonging to the Railroad Sc
curities Company We're transferred a few days
before the Illinois Central books closed. by
sham transaction. To F. H Hartman and
eighteen officials of the Union Pacific and Iili-
nois Central who are alleged to be under the
control OF Mr. Hartman. The bill declares that
Charles y. Peabody. John W AuchinclOss and
Cornelius Vanderbilt, directors OF the Illinois
Central. are trustees Of the Mutual Life Insur-
ance COMPANY Of New York. and have COM
r.
the Union Pacific Railroad Company 10 aid the
r-nion Pacific in getting control of the Illinois
Central and TO that end. 1t is declared they
proposed 10 vote the coming election the
: 500 shares Of Illinois Central stock owned
by the insurance company. II is declared thar
the insurance company under the laws Of Ih-
nois. cannot vote stock in the Illinois Central
The bill declares that E H. Hartman. c A.
Peabody and r. W. GOelet. directors OF the
Illinois Central. are also directors of the Union
Pacific: and alleges that Mr.. Hartman domi-
mates all the Union Pacific and all the Illinois
Central directors except Messrs. Fish. James
De w Cutting and C NJ Beach
II is alleged that Mr.. Hartman deposed Mr.
Fish as president OF the Illinois Central because
the latter defeated last year the election Of
Henry w De Forest. Union Pacific man.
director OF the Illinois Central. and because he
refused 10 let the Illinois Central be
trolIed in the interests of the Union Pacific.
UNION PACIFICS ALLEGED PURPOSE.
II is set forth in the petit;on that the object
a nd purpose of the Union Pacific is TO perfect
and perpetuate its control of the directory OF
the Illinois Central in which by law all the
corporate powers of the Illinois Central are
vested. so as to have the Illinois Central oper-
ated. 20 it's irreparable injury and damage.
mere feeder to the Union Pacific through it's
connections at Council Bluffs. Iowa. and ar
New Orleans, by means of the Southern Pacific
Company which the petition declares. the
Union Pacific controls absolutely.
1t is urged that under the laws and public
poIicv of Illinois neither the Union Pacific nor
the Railroad Securities Company. nor the Nut
uaI Life Insurance Company. own and
vote stock in the Illinois Central