The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-16
FISH GETS BEST
OF THE BARGAIN
Hartman Can Vote 286,
Shares of Illinois Central
Stock, but Without Effect.
COURT MODlFIES ORDER
FIGHT FOR CONTROL BECOMES
STRENUOUS.

Chicago, Oct. 15-E. H. Hartman was
today by an order of court deprived
of the voting power of 2S6.731 shares of
Illinois Central stock in the annual
meeting of that railroad company,
which opens here at neon tomorrow.
The order of the court was practically
identical with the modification asked
by the attorneys of Mr.. Hartman.
Both sides claim victory, Mr.. Fish
because the eDjOined shares will not
be effective at the election and Mr..
Hartman because his modification was
secured
The shares of stock ruled out are
those held by the Union Pacific Rail-
road 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
Ball in the superior court. .
Fish Given Advantage.
Mr.. Fish yesterday asked that the
voting of these shares be enjoined. The
court today, after extensive argument
by the attorneys of both sides. mOdi-
fed the injunction by permitting the
shares to be voted under the condition
that if any one of these shares should
have a decisive effect on any vote TAX
en- the entire vote is then to be null
and void. In other words, Mr.. Fish is
given by the court a handicap of $780,
131 votes. and in order to defeat him
on any motion or resolution which
comes before the annual meeting Mr..
Hartman and his friends must cast
2S6,731 votes more than are cast by
Mr.. Fish and his followers.
The outstanding shares of the Him
ois Central number $50. 400. Counting
cut the shares affected by Judge Bali S
decision today, the total effective vote
is 663, 669 shares. Based upon previous
meetings of the Illinois Central rail-
road. the estimate is made that ap-
proximately 100000 shares will not be
voted. This, in the opinion of the at
torneys in the case, will leave a prob
able representation of 56S,659 shares at
the meeting.
A Day of Argument.
The decision of Judge Ball was grant
ed after the attorneys for Mr.. Harri-
man and Mr.. Fish had filled the day
with arguments. and was the result of
an agreement reached between Thomas
Nelson Cromwell. representing Mr..
Hartman. and Judge Farrar Of New
Orleans. who acted for Mr.. Fish.
Attorney Herrick, in speaking in sup
port of the modification. declared that
President Harahan of the Illinois Cen
trail held proxies to the amount of
500, 900 shares, and that other stock
holders, representing $4,000 shares,
would vote with Mr.. Harahan. This
included the 2S6,731 shares enjOined yes
terday, leaving the claim of the Har-
riman people of their voting strength
at 30S, 600 shares in round numbers.
Harriman's Contention.
Mr.. Herrick declared that Stuyvesant
Fish was DESTROYS of being elected a
director of the Illinois Central and de-
elared that the Railroad Securities
company, the voting of whose stock
had been prevented, had prior to 1901
owned $4,000 shares of stock, and that
in the years from 1901 to 1905 inclu-
sive the proxies for this stock were
given to Mr. Fish and voted by him al
the annual meeting. 1t was also de-
clared by Mr. Herrick that at all an
nual meetings prior to 1906 Mr.. Fish
had voted by proxy the 5000 shares OF
the Mutual Life Insurance company
of New York, a proceeding which he
claims was Illegal
General Counsel Dickinson of the T.
linois Central railroad also spoke
briefly in support of the motion fOl
modification.
Fish Wanted Meeting Postponed.
This concluded the argument OF coun.
sci for Hartman and President Har.
ahan. and Judge Farrar of New Or
| leans opened for Mr.. Fish. He said:
MY client has no desire to take ad-
vantage of this restraining order He
wants the matter finally disposed OF
by the courts We are willing to dc
anything reasonable to get a speedy
hearing of this issue on it's merits
We suggest that both sides agree Il
have the meeting continued until the
court has had opportunity to hear the
case on it's merits
Both Judge Farrar and ATTORNEY
Lepman, who followed him for Mr.
| Fish, declared that the court was right
in issuing the temporary injunction.
cromweiI's Argument.
| William Nelson Cromwell of New
York, who opened the afternoon argu-
ment, objected to the pOstponement OF
the meeting as suggested by Judge
Farrar, saying that they were power
less to make such an agreement.
Doesn't Mr.. Harahsn hold 500 00(
proxies?" asked Judge Farrar.
''The holding of proxies" said Mr.
Cromwell doesn't 'carry with it per-
mission to enter the appearance OF
Continued on Page 2.