Omaha daily bee., 1907-10-15
FISH Is GIVEN ORDER
Hartman Crowd Restrained from
Voting Illinois Central Stock.
MANY CHARGES MADE IN BILL
allegation that Other Corporations
Cannot Legally Own the Stock.
HINTS AT FRAUD AND COLLUsIoN
Union Pacific Holdings Placed in
Names Of Clerks and Others.
MAY DELAY ANNUAL MEETING
chairman f. Expected 60 Move
for Dissolution of order Today-
Thtrty Per Cent of stock
Affected.
MAY DELAY ANNUAL MEETING

y
, Farrar Of New Orleans, today secured a
temporary Injunction, which will, n made
pernanent restrain the voting at the
Illinois Central meeting on Wednesday OF
2S6 79i Shares Of stock of the Illinois Cen
tral I'm the interests of L. H. Hartman.
The writ is directed against the Union
Pacific Railroad company the Railroad Sc
curitlcs company Of New Jersey and the
Mutual Life Insurance company Of New
York which combined, hold the above
shares of stock.
Mr.. Fish. accompanied by his attorneys,
entered the court room of Judge Ball of
the superior court at 2 o'clock, but 1t
was not until two hours after that time
that they we're able to secure the attention
of the court and ask for the issuance of
the injunction.
stockholders Back of Petition.
The petition was filed by ex-senator
George T.. Edmunds of Vermont, John A.
Kasson of iowa, stuyvesant Fish of New
York and William IL. Enrich of Chicago
as stockholders OF the Illinois Central Rail-
road company against that corporation, It's
directors and stockholders, the Union Pa
cihc llroad company the Railroad Sc
curl, % company. the Mutual Life Insur-
ance company and large number Of in
dividuals I'm whose names, ii is claimed
the Union Pacific Railroad company has
placed all of the stock which it holds In
the Illinois Central, and in whose names
the Railroad Securities company has placed
1900 shares of it's stock in the Illinois
Central In addition to the temporary in
junction sought final decree was asked
declaring that the Union Pacific company
and the Railroad Securities company have
no power, under the laws of Illinois, to
own stock In the Illinois Central II was
also asked that these companies be di-
rectod to sell their stock in the Illinois
Central within reasonable time.
The petition charges an unlawful scheme
OF the Union Pacific Railroad "onpan&
control the commerce OF the United
Btates by buying large blocks of stock in
the principal transportation companies. 1t
also sets forth the facts stated in recent
report of the Interstate Commerce COM
mission in regard to the transactions Of
the Union Pacific Railroad company and
IT, II. Hartman.
Illegal Acts Charged.
It sets forth the names OF corporations
whose stock It is claimed, the Union
Pacific has bought, among them the Chi
cago & Alton Illinois Central Chicago,
Milwaukee & st. Paul and the Chicago 81
Northwestern. II charges that these four
companies own and operate parallel and
competing lines both in and outside the
state of Illinois and that It is unlawful
for the Union Pacific company to own and
vote stock in such parallel and competing
lines.
Il is also charged that the acquisition
of tho 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
49, h., q,
vestigatlons Of the Interstate Commerce
commiss m 1t is alleged In this connection
that up 20 this day not one share of the
Illinois Central stock has been registered
IN the name OF the Union Pacific, but still
stands in the names Of the clerks and
brokers OF Kuhn, Loeb g. Co.
II is further charged that in the effoIt
90 get as large n percentage OF the stock
OF the Illinois Central as possible, the
Union Pacific violated its charter In buy
ing the stock OF the Railroads Securities
company of New Jersey which held as It's
only asset $500 shares of Illinois Centra
stock
The charge is made that 1900 share,
OF Illinois Central stock belonging to tho
Railroad Securities company was trans
ferrod few days before the Illinois Cen
trai books closed. by a sham transaction
TO f. II. Hartman and eighteen officials
of the Union Pacific and Illinois Central
who are under the control of Mr.. Harri
man.
Insurance Holdings Attacked.
The bill declares that Directors Peabody
Auchincloss and Vanderbilt Of the Illinois
Central are trustees of the Mutual Llf,
Insurance company Of New York and hav'
combined and conspired with T. II. Harri
man and the Union Pacific Railroad com
pany to aid the Union Pacific in getting
control OF the Illinois Central and to tina
end It is declared, they proposed to vot,
the $500 shares OF stock owned by the in
surance eOmpsny at the coming election
il Is claimed that the insurance company
under the laws OF Illinois, cannot vote
stock in the Illinois Central.
The bill declares that Directors Harri
man, Peabody and Goelet OF the Ilin0
Central are also directors OF the Uniol
~ Pacific and alleges that +, II. Hartman
dominates the Union Pacific and all o
the Illinois Central directors. excepting
Messrs. Fish, Cutting and Beach.
II Is claimed that Hartman depose,
Fish as president because he defeated las
year for reelection one DeFOrest. Uniol
Pacific man. as director OF the Illinoi
Central. and because he refused TO le
the Illinois Central be controlled in the in
terests OF the Union Pacific.
IL Is set forth In the petition that the OBJ
ject and purpose OF the Union Pacific
20 efteot and perpetuRte its control OF IN
directory Of the Illinois Central. In which
by Law, all the corporate powers Of IN
Illinois Central are vested. 80 as 70 hav
the Illinois Central operated TO It's irre
parable injury and damage. as a mer
feeder 60 the Union Pacific and It's oonnec
tiOns at Council Biurs, Ia. and at New or
leans. by means Of the Southern Pacih
company, which, the petition declares IN
Union Pacific controls absolutely.
IL Is claimed that under the laws an