New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-10-22
FISH WINS VICTORY.


people and declared that he wished TO come TO
some sort of agreement. He informed by
Mr. Farrar that tie only agreement that could be
reached TO accept the terms of Mr.. Fish, which
would be the Adjournment of the meeting uhul
December IS and a decision OF court. il the Harr-
man people SO desired 10 determine the right 10
vote the 2S6.7Sl shares OF stock against which a
temporary injunction was issued by Judge Ban
week
After extended conference Mr. Cromwell as
sented. and the following aGrs ement was signed by
him and Mr.. Farrar
We recognize that the numerous and complicated
legal questions AZ issue VIII pr3hanly Prolons me
matter for considerable period ana tnat no ON
ciaI determination 10y the nspe ctors or teNers as
pToxy al Sa5d meeting has vet been reached one
way or the other. In the interest of the company
postpone the meeting to December Is at /
o'clock noon ana we asIeT IN 'e tTt tTo,, Shall
vote for such adjournment when the meeting con
D n Gn rdn e bens received or Other business
being transacted or any determination OF the IN
spectors
give figures It was understood that the total num-
her Of votes represented not far from 10000
OF this amount Mr.. Fish, according to excellent
authority. controlled about 25000o and Mr. Harri-
man 10000. There not sufficient votes on
which the committee still had to pass to overcome
this lead Of Mr. Fish and 1t evident that Mr.
Hartman was beaten unless he could bring into
the contest some portion of the 2S673 shares against
which Judge Ball issued the injunction
Mr.. Fish declined to discuss the situation. but
was apparently highly pleased at the terms of the
agreement. He sat a table in his rooms at the
Auditorium Annex swinging his feet like boy,
and was evidently in good humor. He declined 10
make any statement for publication. merely say
ing that he had obtained everything he wanted
Neither he nor his attorney would make any state
ment as to the original propositions advanced by
Mr. Cromwell although they declared they were
very different from these of the agreement finally
signd by Mr.. Cromwell and Mr.. Farrar The lat
ter in discussing the case, said:
The situation is entirely up to Mr.. Hartman
and his attorneys. Whether or not they Will fight
the temporary injunction in the courts is for them
to decide. I have not the most remote idea
garding their intentions. However, if they 40 not
take action and fight the thing out in the courts
before December IS the Injunction viii stand, and
no portion of the 2s6 1871 shares be voted When
Mr.. Cromwell and we discussed the thing
condition or any other condition OF the proxies He
agreement which speaks for itself.
Mr. Cromwell said:
We both realized that an indefinite delay of the
stockholders meeting was inevitable Challenges
would be made regarding certain proxies and the
probability Of court proceedings made II clear that
cJsiyn result, and | therefore acceded TO Judge
Farrar's proposal to postpone the meeting for sew
cral weeks. In doing this both Judge Farrar ana
hut as these interests hold by the larger part Of
the stoc, either in person or by proxy we ahtlci-
rate no opposition.
Mr. Cromwell was asked if any understanding
existed as to future proceedings in court He de-
cared. and Judge Farrar concurred in the state
ment. that both sides We're entirely free to do as
they thought best.
When asked if he intended 10 attack the tenn
porary injunction issued by Judge Ball, Mr.. Crom-
well said that he not prepared to make any
statement regarding that at present and he GER
tainly would make it. he said, with a laugh. in
the presence of Judge Farrar.
The statement was made by Of Mr.. Fsh's
advisers early in the day that the first overures
came from Mr. Cromwell. Judge Farrar declared
that this was incorrect. saying that he went 70
MI. Cromwell. When asked if he had not been
advised that his overtures would be favorably
ceived he laughed and would make no reply.