New-York tribune., 1907-11-24
I. C. EXCEPTIONS FILED.
Ans7Cers and Demurrers to Fish In
junction Suit.

Chicago Nov. 23.-Answers dernurrers and
bills of exceptions to the Injunction suit brought
by Stuyvesant Fish and others to prevent the
voting OF certain Illinois Central Railroad stock
at the annual meeting were flied in the Superior
Court Of Cook County to-day. So many diversi-
fed interests were involved that the'defence was
compelled to separate the answers.
The answer of John Jacob Astor. A. G. Hack
staff John W. Auchincloss. Cornelius Vanderbilt
and J. I. Harahan. which is made joint. is the
most important of the documents. Numerous
charges regarding Mr.. Fish's acts as president
of the railroad are contained In this answer. In
addition IL is asserted that inasmuch as Fish,
acting proxy. has. in times past often voted
the stock held by the Railroad Securities Com
pany at meetings of the Illinois Central Railroad
Company, he is thereby estopped nowtfrom OBJ
Jectng to the ownership by the Railroad Securi-
ties Company of Illinois Central shares
In another section Of their answer these five
directors of the Illinois Central admit the
connection of Hartman. Goelet and Peabody
with the Union Pacific Railroad. but they point
out that Stuyvesant Fish is a director and mem
Der of the executive committee of the Missouri
Pacific Railroad Company, which, they assert
lis a direct competitor of the Illinois Central
Railroad,-in much Of the latter's territory while
neither the Union Pacific nor the Southern Pa
citic is in any sense OF the word a competitor of
the Illinois Central Railroad"
The defendants give their stock ownership as
follows: J. J. Astor 1000 shares: A. C. Hack
staff 13I shares; ]. w. Auchincloss. 600 shares;
Cornelius Vanderbilt. ], 4S4 shares; J. T. Hara-
han. PA shares
The defendants deny that they voted for J. T
Harahan and against Stuyvesant Fish. in the
election for president of the Illinois Central
Railroad at the behest of r. II. Hartman, as
serting that their action was taken because "the
said -'ish had misused the funds of the Illinois
Central Railroad Company" had used his
power as president of the said company to fur
ther his personal interests to the great peril
and financial injury of the railroad and had
"endeavored to said corporation without
consulting its board Of directors, of which these
defendants were and members"
They also assert that Mr. Fish made un-
profitable contracts involving large sums
without the sanction of the board of directors"
In addition 10 this answer TO the charges of
Mr.. Fish, demurrers filed by the Mutual
Life Insurance Company and the Railroad Se-
curities Company, the former asking that the
suit be dismissed as far as it is concerned
Edward II. Hartman. Robert W. Goelet,
Charles A. Peabody and the Union Pacific Rail
road Company fled bill OF exceptions. most OF
the objections being made to excerpts from an
Interstate Commemrce Commission report which
Mr.. Fish included in his bill of complaint
A joint answer was also filed by ]. b Lord.
Frederick Winston. Ralph NJ Shaw and other
defendants who deny that any OF the stock
registered in their names is the property of
the Union Pacific Railroad or is controlled by
that company.