The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-15

Union Pacific and alleges that z. H.
Hartman dominates all the Union Pa
cific and all Of the Illinois Central di-
rectors except Messrs. Fish, Cutting
and Beach,
1t is claimed that Hartman deposed
Fish as president of the Illinois Central
because he defeated last year the cleo
ton of one De Forest, a Union Pacific
man as director of the Illinois Central
and because he refused to let the ILL
no1S Central be controlled in the inter-
ssts of. the Union Pacific
1t is set forth in the petition that
me me OBJECT and purpose Of the Union
Pacific is to perfect and perpetuate it's
control OF the directory of the Illinois
Central in which by law all the cor
porate powers of the Illinois Central
are vested, so as to have the Illinois
central operated, to its irreparable in
jury and damage, as a mere feeder to
the Union Pacific through it's connec-
tons at Council Bluff, Ia, and at New
Orleans by means of the Southern Pa
cffics company, which the petition de-
clares the Union Pacific controls alb
so.utely~ ts-57csf- -.
1t is claimed that under the laws
and public policy of Illinois neither
the Union Pacific nor the Railroad Sc
Insurance company can own and vote
stock in the Illinois Central.
The amount of stock of the Illinois
Central to which the application of
of 1921 shares bought by the Union
Pacific from E H. Hartman, H. H.
Rogers. James Stillman, Kuhne, Loeb
& Co. in July 1906; $4,000 shares be-
longing to the, Railroad Securities
company, all Of which stock the petit
ton declares, is owned by the Union
Pacific and $500 shares owned by the
Mutual Life Insurance company; the
whole aggregate 2S6,731 shares out of
total of 950,400 outstanding shares
in the Illinois Central or a little over
80 per cent of the stock
1t is believed that the attorneys for
Mr.. Hartman will seek the dissolu-
ton of the Injunction today and it is
not possible to state whether the ar
gumentS will be completed in time to
allow Judge Ball to make a decision
before the day of the annual meeting
Mr.. Fish said after the granting of the
temporary injunction:
81 have all along been satisfied with
the manner in which things were
moving. I have never been obliged to
seek proxies by claiming a majority
can foreten the issue of a contest
which is still in the future. The stock
holders at home and in Europe are
fully alive to the issue and are send
ing in their proxies by the hundred.
ct have every confidence in the is
sue of the proceedings relating to the
Injunction
Attorney William Nelson Cromwell,
representing the interests of Mr.. Har-
riman in the Illinois Central contro-
versy said last night:
81 am not at liberty upon the eve of
the annual meeting to disclose the
condition Of the proxy holding, but I
make myself personally responsible
for the statement that Mr.. Fish has
been hope1essly beaten. His appeal to
the stockholders has resulted in more
than a majority declaring that they
want no more of him and as a last re-
sort in the hour of his disappointment
he seeks to prevent one-fourth of the
stock from being voted because he
knows that it will be voted against
him. Moreover, he stultifies his own
record because he has in the past
voted a considerable portion of this
same stock for his own election. He
considered it valid to do so when he
could vote it for himself. We have no
fear as to the outcome of the fight" |