The Montgomery advertiser., 1907-10-15
FISH SECURES AN INJUNCTION Hartman Interests Bar rcd from Voting. SENSATIONAL CHARGES MADE Motion Will Be Made to Dissolve
 Injunction. It Is Claimed Under the Laws of H. Iinois that outside Corporaticns Cannot Vote Illinois Central
 Stock.


 through his attorneys, H. W. Leian and Frank H. Culver of Chicago. and Edgar H. Farrar of New Orleans. today secured temporary injunction which will be made permanent. restraining the voting at the Illinois Central meeting on Wednesday of 2S6,731 trai Railroad Company, which would otherwise be voted in the interests of E. H. Hartman.
 The writ is directed against the Union Pacific Railroad Company, the Railroad 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 Sat- torneys entered the court room of Judge Ball of the superior court at 2 o'clock, but 1t was not until two hours later that they were able to secure the attention of the ourt and ask for the issuance of the injurio-. ton.
 The petition was filed by Ex-sep- ator George F. Edmunds of Vermont: John Kasson of Iowa Stuyvesant Fish of New York and William Emrich of Chicago as stockholders of the H. linois Central Railroad Company against that corporation, its directors. and stockholders the Union Pacific Railroad Company. the Railroad secur- tiles Company the Mutual Life Insur- ance Company and large number individuals, in whose name it is claimed the Union Pacific RAil-, road Company has placed ell Of the stock which 1t holds in the Illinois Central and in whose names the Rail- road Securities Company has plaed 15,0o0 shares of its stock in the llli- nois. Central Tn addition to the 'tem- porary Injunction sought, final de7 cree was asked declaring that. the Raii- road Securities Company has no pow er under the laws Of Illinois. to- own stock in the IiIineis Central ff was al- se0 mef<ed that these ccHupau3ee Dc aly , r6otaa FO sela thair stock im the liii- nois Centrai within a reasonabie time
 XII An Unl3wfnI seheras.
 The petition charges an uniaMLut scheme of the Union Pactfic steAltroae Company to control the commerce oh tfle limited states, by buying large blocks of stock in the principal trans portation companies. It also sets fortn fke facts stated in e, recent report or inc Interstate Commerce Commisston, in regard ito the transactions or tne Union Pacific Railroad Company and B. IT. Hartman It sets forln tne names of corporations whose stock, It Ia ciSirned. the Union Pacific had bought, among them the Chicago and Alton. Illinois Central, Chicago. NH waulxee and St. Paul and the Chicago ana Morthwestern. It charges that these four companies own and operate parallel and competing lines, both m and outside and of the State of Illinois and that 1t is unlawful for the union Pacific to own and vote stock In sucn parallel and competing lines.
 Itsis also further charged that the acutiisition of the stock of the Illinois Central by the Union Pacific which took place in July 1906. was concealed from the public and the stockholders of the Illinois Central, and was first brought to light by the investigations of the Interstate Commerce Commls- sion. It is alleged in this connection. that up to this day not one share of the illinois Central stock has been resristered in the name of the Union Pacific but still stands in the names of the clerks and brokers of Kuhn Loeb and Company.
 It Is further charged that in the et- fort to get as large percentage or the stock of the Illinois Central as possible, the Union Pacific violated It's charter in buying the stock Of the Railroad Securities Company~ of New Jersey, which held as its only asset 96 900 shares of Illinois Central stock.
 Sham Transaction.
 The charge Is made that 15.o00 shares of Illinois Central stock belonging to the Railroade Securities Company was a, few days before the Ili- nois Central books closed, by sham to E. H, Hartman and eirhfeen. officials of the Union Pacific and Illinois Central. who are under the control of Mir. Hartman.
 The bill declares that Directors Pea body. Auchincloss and Vanderbilt. Of the Illinois Central, are trustees or the Mutual Life Insurance Company or New York, and have consptred. with E. H. Hartman and the Union Pacific Railroad Company to aid the Union in getting control of the Illi- nois Central, and to that end 1t Is de- cIared they proposed to vote the $500 shares of stock owned by the insurance company at the coming election. It is claimed that the insurance Company, under the laws of Illinois. cannot vote stock in the Illinois Central.
 The bill declares that directors Har- rinoan. Peabody and Goelet of the Illi- nois Central are also directors of the Union Pacific and alleges that E. H. Hartman dominates all the Union Pacific and all of the Illinois Central directors except Messrs. Fish, Cutting and Beach.
 D It Us clalmeu tHdl AtdIIlHlAn uCPOboO Fish as President of the Illinois Gen. tral because he defeated last year, the election of DeFOrest a Union Pacific man. as director of the Illinois Gen. tral and because he refused to let the Illinois Central be controlled in the in- terests of the Union Pacific. It is. set forth in the petition that the object and purpose of the Union Pacific is to perfect and perpetuate It's control of the directory of the Illinois Central so as to have the Illinois Central op- erated to It's irreparable injury and as a mere feeder to the Union Pacific through. its connections at Coun- cil Bluffs, la, and at New Orleans by means Of the Southern Pacific Com pany, which the petition declares the Union Pacific controls absolutely
 It Is claimed that under the laws and public policy of Illinois, the Union Pacific nor the Railroads Securities Company, nor the Mutual Life Insur- ance Company can own and vote stock in the Illinois Central.
 Union Pacific Stock.
 aNha auarmnf af afnHk Nf thA TIlipnla