Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-16
RULING
HANDICAP To
HARTMAN
COMPROMISE DECISION
IN INJUNCTION SUIT
Union Pacific's Shares in the
Illinois Central May Be Voted
Save Where They Have De-
ciSiVe Effect

lbN Morning Journal special Leased Niee.l
Chicago. Oct ib.--E. II. Hartman
was today by an order of the court
deprived of the voting power Of 2S6.-
T3t shares Of Illinois Central stock
In the annual meeting OF that rail-
road company which opens here at
noon tomorrow. The order of the
court was practically Identical with
the modification asked by the attor-
neys OF MI Hartman. Both sides
claim victory, Mr. Fish because the
enjolned shares win not be effective at
the election, and MIR. Hartman bee
cause his modification was secured.
The shares of stock ruled out are
those held by the Union Pacific Rail-
way company, the Railroad Securities
company Of New Jersey and the Mu-
tual Life Insurance company OF New
York against which a temporary In
junction was yesterday issued by
Judge BAH in the superior court
MIR. Fish Yesterday asked that the
voting OF these shares be enioined.
The court today, after extensive arr
gumont by the attorneys for both
sides modified the injunction by per-
mittlng the shares to be voted under
the condition that II any one of these
o hfNlFN Nlluulh lNNf ~ hf'AoAN' 'ii'Nf W
any vote taking the entire vote is then
, 10 be null and void. In other words.
Mr. Fish is given by the court n han
dlcap OF 2s6,73l votes and in order to
defeat him on any motion or resolution
which comes before the annual meet
ing MIR Hartman and his friends
must east 2S6.731 votes more than are
east by Mr. Fish and his followers.
The outstanding shares OF the llli-
nois Central number $50. 400. Count
/ ing out the shares affected by Judge
nalrs decision today. the total effec-
tive vote IL Gg3G6a shares. Based on
previous meetings Of the Illinois Cen
trail railroad. the estimate h made
that approximately 100. 900 shares
viii not be voted This. In the opin-
/ ion OF the attorneys In the case VIII
leave a probable representation of
663,GG9 shares az the meeting.
The decision Of Judge Ball was
granted after the attorneys for Mr..
Hartman aud Mr.. Fish had filled the
day with arguments and was the re-
suit OF an argument reached between
Nelson Cromwell. representing Mr..
Hartman and Judge Farmer Of New
orleans. who acted for Mr.. Fish.
Attorney Herrlck IN speaking In
support OF the modification, declared
that President Harahan of the llli-
nois Central held proxies to the
amount Of 500. 900 shares and that
other stockholders representing the
95 600 shares should vote with Mr..
Harahan This included the 2Ss,I3l
shares cnioined yesterday, leaving the
claim OF the Hartman people of their
voting strength at 30s.O00 shares In
round numbers.
Mr. Herrlck asserted that Stuyve-
SAINT Fish was deslrous Of being
elected n director OF the Illinois Cen
tral and declared that the Railroad
Securities company. the voting Of
whose stock had been prevented. had
prior 20 1901. owned eighty shares Of
stock and that IN the years from 1901
10 1905. inclusive. the proxies OF this
stock were given 70 Mr. Fish ana
voted by him al the annual meetings.
II was also declared by Mr. Herrick
that az all annual meetings prior TO
1906, Mr.. Fish had voted by proxy
the 1000 shares OF the Mutual Line
Insurance company Of New York a
proceeding which he claims was ille-
gal
General Counsel Dickenson, OF the
lIlInUiN AfniIAA AhANiNhhF tlnN NifFAN"
briefly In support Of the motion for
Modification. This concluded the arr
sumeut of counsel for Mr.. Hartman
and President Harahan and Judge
Farrar OF New orleans opened for
Mir. Fish He said.
my client has no desire 10 take
advantage OF this restraining order.
lie wants the matter finally 81 posed
OF by the courts We are willing 20
do anything reasonable 20 get
speedy hearing Of this issue on It's
merits We suggest that both sides
agree to have the meeting continued
until the court has had an opportun-
uv 10 hear the case on It's merits
Both Judge Fsrrar and Attorney
Lehman. who followed him for air.
Fish declared that the court vas JUS
tined in issuing the temporary in
junction.
william Nelson Cromwell. of New
York who opened the afternoon arr
gumrnt. objected to the postponemeg
of the meeting as suggested by Judge
Farrar. saying that they we're power
less 10 make such an agreement
Does Mr. Harahan hold 100000
proxieag" asked Judge Farrar.
''The holding OF proxies" said Mr..
Cromwell does not carry with IL per
mission 20 enter the appearance ot
their owners In court. Ny friend -
Ioo learned to stake his reputation ON
.hal assertion"
Turning to Mr Fish whose eyes
never lett the face ~ the speaker. Mr..
Cromwell said.
Here Is a man who seeks tenn
porary injunction al the last hour 70
enable him 90 prevent the voting uf
stock that he has voted for years. to
grab control TO seize with a minority
he management 81 this corporation.
Iie has not votes enough. and that Il
xhy he seeks an Injunction"
A. che conclusion % Mr.. cromweil's
argument. Judge BAN said. Il be-