The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1907-10-16
FISH VS., HARTMAN,
Writ to Restrain Voting Of 1885,.
731 Shares Of Illinois Central.


Commerce of the country-It Has
Bought Stock Recently In Parallel
and Competing Lines.
Chicago, Oct. 15.-Stuyvesant Fish,
through his attorneys, H. w. Leman
and Frank H. Culver of Chicago and
Edgar H. Farrar of New Orleans, has
obtained temporary injunction
which, II made permanent, will re-
strain the voting at the Illinois Cen
tral meeting here Wednesday of $780,
731 shares of stock of the Illinois
Central Railroad company which
would otherwise be voted in the in
terests of e. H. Hartman.
The writ is directed against the
Union Pacific Railway company, the
Railroad Securities company of New
Jersey and the Mutual Life Insurance
company of New York, which, com
bined, hold these shares of stock.
Mr.. Fish through his attorneys ap-
piled to Judge Ball of the superior
court for the issuance of the injunc-
tion.
The petition was filed by ex-senator
George F. Edmunds of Vermont, John
A. Casson of Iowa, Stuyvesant Fish of
New York and William H. Enrich of
Chicago, as stockholders of the Illi-
nois Central Railroad company,
against that corporation, its directors
and stockholders, the Union Pacific
Railway company, the Railroad Sc
curities company, the Mutual Life In
surance company, and large number
Of individuals, in whose names 1t is
alleged the Union Pacific Railroad
company has placed all of the stock
which it holds in the Illinois Central,
and in whose names the Railroad Sc
curites company has placed $1,000
shares of it's stock in the hlinois Cen
trai.
In addition to the temporary in
junction sought a final decree was
asked declaring that the Union Pacific
Railroad company and the Railroad
Securities company have no power un-
der the laws of Illinois to own stock
in the Illinois Central. 1t was also
asked that these companies be direct
ed to sell their stock in the Illinois
Central within reasonable time.
The petition charges an unlawful
scheme 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. 1t also sets
forth the facts stated in recent re-
port of the interstate commerce COM
mission as to the transactions OF the
Union Pacific Railroad company and
e. H. Hartman.
It sets forth the names of corpora
tions the stock of which, 1t is contend
ed. the Union Pacific has bought,
among them the Chicago & Alton, Hi
nois Central, Chicago, Milwaukee &
st. Paul and the Chicago & Northwest
ern railroads. 1t charges that these
four companies own and operate par
allel and competing lines, both in and
outside of the state Of Illinois. and
that it is unlawful for the Union Pa
cific company to own and vote stock
in such parallel and competing lines.
1t is further charged that the ac-
quisltion of the stock of the Illinois
A,. Int W
took place in July, 1906, was conceal
ed from the public and the stockhold-
ers of the Illinois Central and was
first brought to light by the investiga-
tions Of the interstate commerce com
mission.
1t is alleged that up to this day not
one share of the Illinois Central stock
has been registered in the name of
the Union Pacific but the stock still
stands in the names of the clerks and
brokers Of Kuhn, Loeb & Co.
It is further charged that in the ef-
fort 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
Railroads Securities company of New
Jersey, which held as its only asset
81. 900 shares of Illinois Central stock.
The bill declares that Directors
Peabody, Auchincloss and Vanderbilt
of the Illinois Central are trustees OF
the Mutual Life Insurance company of
New York, and have combined and
conspired with e. H. Hartman and
the Union Pacific Railroad company
Ito aid the Union Pacific to get control
of the Illinois Central, and to that
end 1t was said, they proposed the o.
500 shares of stock owned by the in
surance company be voted at the COM
ing election. 1t is contended that the
insurance company under the laws of
illinois. cannot vote stock in the Hi
nois Central.