The Birmingham age-herald., 1907-10-15
Attempt Is Made To Restrain the Voting of Illinois
 Central Stock
HARTMAN WILL SEEK
 DISSOLUTION OF INJUNCTION
Fish Exresses Confidence In the Out come of the Suit and Believes His Contentious Will Be Proven
 and That He Will Win.

and nat Tie VIII win.
 Chicago october IA. - Stuyvesant Fish through his attorneys H. w. Cleland and Frank II. Culver of Chi cago and Edgar Fl. Farrar of New Or leans. today secured a temporary in junction which he will endeavor to have made permanent. restraining the voting. at the Illinois Central meeting on Wednesday. of 2SG.7S1 shares of stock of the Illinois Central Railroad company which would otherwise be voted in the interests of E. II. Harri- man. The writ is directed against the Union Pacific Railroad company. the Railroads Securities company of New Jersey and the Mutual Life Insurance company of New York. which, combin- ed. hold the above shares of stock
 MT. Fish. accompanied by his attor- neys entered the court room of Judge Bail of the superior court at o'clock, but 1t was not until two hours after that time that they were able to secure the attention of the court and ask for the issuance of the injunction.
 The petition was filed by ex-Senator George r. Edmonds of Vermont, John Kasson of Iowa. Stuyvesant Fish of New York and William Enrich of Chi oaso, as stockh olders of the Illinois Central railroad against that corpora tion it's directors and stoclxh elders, the Union Pacific Railroad company the Railroads Securities company and the Mutual Life Insurance company and large number of individuals in whose ms mos 1t Is claimed the Union Pacific Railroad company has placed all of the stock which 1t holds in the Illinois Gen. tral. and in whose names the Railroads Securities company has placed 15,00O shares of It's stock in the Illinois Cen traf In addition to the temporary in- junction sought final decree was asked declaring that the Union Pacific Railroad company and the Railroads Securities company have no power. un- der the laws of Illinois. to own stock in the Illinois Central. It was also asked that these companies be directed tp sell tber stock in the Illinois Gen. tral within reasonable time
 Control of Commerce.
 The petition charges an unlawful sch eme of the Union Pacific Railroad company to control the commerce of the United States, by buying large blocks of stock in the principal trans portation companies.
 II also sets forth the facts stated in a recent report of the interstate com mcrce commission in regard 10 the transactions of the Union Pacific Rail road company and F. H. Hartman. It sets forth the former corporations. whose stock 1t is claimed the Union Pacific has bought, among them the Chicago and Alton, Illinois Central. Chicago Milwaukee and st. Paul and tEc Chicago and Northwestern.
 It charges that these four companies own and control parallel and competing lines both in and outside of the state of Illinois, and that 1t Is unlawful for the Union Pacific to own and vote stock in such parallel and competing lines.
 1t is also further charged that the aC- duisltion of the stock of the Illinois Cen tral by the Union Pacific. which took place in July, 1906. was concealed from the public and the stockholders of tho Illinois Central and was first brought to light by the investigations of the inter- state commerce commission. It is alleged in this conclusion that up to this day not one share of the Illinois Central stock has been registered in the name ot the Union Pacific. but still stands in the names of the clerks and brokers of Kuhn, Loeb X Co. It is further charged that in the effort to get as large per cent of stock of the Illinois Central as possible. the Union Pacific violated its charter in buying the stock of the Railroads Se- curities company of New Jersey, which held as it's only asset 5000 shares of H. llnois Central stock.
 Stock Transferred.
 The charge is made that 15,0Oo shares of Illinois Central stock belonging to the Railroads Securities company was trans ferred few days before the Illinois Cen- tral books closed. by 4 sham transaction. to F.. IT, Hartman and IS officials of tine Union Pacific and Illinois Central. who are under the control of MT. Hartman.
 The bill declares that Directors Pea body Auchncloss and Vanderbilt oi the Illinois Cetntrai are trustees of the Nut ual Life Insurance company of New York and have cOnspired. with E. H. Hartman and tle Union Pacific Railroad company, to aid the Union Pacific in getting control of tae Illinois Central. and to that end it !. 'rciarcd they proposed to vote the QUO shares of stock owned by the Insurance
 .ne coming election.
 II Is claimed that the insurance com pany, under the laws of Illinois. cannot vote stock in the Illinois Central. The bill declares that Directors Hartman, Peabody and Goelet of the Illinois Central are also directors of the Union Pacific. and alleges that F. II. Hartman domi- mates all the Union Pacific and all of the Illinois Central directors except Mr. Fish, Cutting and Beach.
 Cause of Fish's Downfall.
 Is claimed that Hartman deposed Hlsh as president of the Illinois Central because he defeated last year the cleo tion of one De Forest a Union Pacific man. as director of the Illinois Central. and because he refused to let the Illinois Central be controlled in the interests Of the Union Pacific. If Is set forth In the petition that the object and purpose or the Union Pacific Is to perfect and per petuate its control of the directory of the illinois Central so as to have the Illinois Central operated tn it's rrepsrable Injury and damage. as 3 mere feeder to the Union Pacific through it's connections at f,ouuer RiuffS Iowa and at New Or-