The Birmingham age-herald., 1907-10-16
| H. Hartman Deprived of Power to Vote 206,OOO
 - Shares
BOTH CLAIM VICTORY
 IN COMING ELECTION
After a Lengthy Argument Before Judge Ball On Petition for Injunc- ton Agreement Is Reached
 By Opposing Counsel.

Chicago, October 15.--E. II. Hartman was today. by an order of court, de- prived of the voting power of 2s6,731 shares of Illinois Central stock in the annual meeting of that railroad com pany, which opens at noon tomorrow. The order of the court was practically identical with the modification asked by the attorney of Mir. Hartman.
 Both sides claim a victory, Mir. Fish because the enjoined shares will not be effective at the election, and MT. Hartman because his modification was secured.
 The shares of stock ruled out are those held by the Union Pacific Rail- way company, the Railroads Security company of New Jersey and the Mutual Life Insurance company of New York, against which temporary injunction was yesterday issued by Judge Ball in the superior court.
 MT. Fish yesterday asked that the voting of these shares be enjoined The court today, after extensive argument by the attorneys of both sides, modi- fled the injunction by permitting the shares to be voted under the condition that if any one of these shares should have decisive effect on vote taken the entire vote is then to be null and void.
 Fish Gets Handicap.
 In other words, MT. Fish Is given by the court a handicap of 2s6,731 votes. and in order to defeat him on ap aotf or resolution NVh ipb before the annual meeting Mr. Harri- man and his friends must cast 2s6,732 votes more than are cast by MT. Fish and hls followers. The total outstand- ing shares of the Illinois Central num- Der $50. 400. Counting out the saf ee2 affected by Judge Hall's decision to- day the total effective vote is 6e3,669 shares. Based upon previous meetings of the Illinois Central railroad, the esti- mate Is made that approximately 1o0,- 900 shares will not be voted. This in the opinion of attorneys In the case. will leave a probable representation of 563 ,669 shares at the meeting.
 The decision of Judge Ball was granted after the attorneys for MT. Hartman and Mr. Fish had filled the day with arguments and was the result of an agreement reached between Thomas Nelson Cromwell represent ing MT. Hartman, and Judge Farrar of New Orleans, who acted for MT. Fish. At the opening of court Attorney Ralph M. Shaw presented motion in the name of President Harahan of the illi- nois Central asking for modification of the temporary injunction issued yesterday. The modification suggested by Mr Shaw was as stated in the foregoing.
 The final order of court issued by Judge Ball. was in accordance with the re- quest. A few trihing altera tions were made that did not affect the general sense and 1t was provided in Judge Ball s order that the date of the postponed hearing, if an adjournment becomes necessary shall be December IS.
 Harriman's Strength.
 Attorney Herrick in speaking in sup port of the modification, declared that President Harahan of the Illinois Central, held proxies to the amount of b0O,0OO shares and that other stockholders rep resenting 95,o00 shares would vote with Mir. Harahan. This included 2s6, 731 shares enioined yesterday. leaving the claim of the Hartman people of their voting strength at 3oS,000 shares in round mum bers
 MT. Herrick asserted that Stuyvesant Fish was desirous of being elected a di-
 
 clared that the Railroad Securities com pany, the voting of whose stock had been prevented had. prior to 1901, owned s0,- GOO shares of stock and that in the years from 1901 to 1905 inclusive the proxies for the stocks were given to Fish and voted by him at the annual meeting. It was also declared by Mr. Heriek that all annual meetings prior to 1906 MT. Fish had voted by proxy the 5000 shares Of the Mutual Life Insurance company Of New York a proceeding which he now claims was illegal.
 General Counsel Dickinson of the Illl- nois Central railroad also spoke briefly in support of the motion for modification. This concluded the argument of counsel for MT. Hartman and President Hara- han and Judge Farrar of New Orleans opened for MT Fish. He said:
 My client has no desire to take ad- vantage of this restraining order. He wants the latter finally disposed of by the courts. We are willing to do any thing reasonable to get speedy hearing of the issue on its merits. We suggest that both sides agree to have the meeting continued until the court has had oppor tunity to hear the case on it's merits.
 Cromwelrs Argument.
 William Nelson Cromwell of New York, who opened the afternoon argument, oD- jected to the postponement of the meet ing as suggested by Judge Farrar. saying that they were powerless to make such an agreement. Turning to MT. Fish, whose eyes never left the face of the speaker. MT. Cromwell said:
 Here is a man who seeks temporary injunction at the last hour to enable him to prevent the voting of stock that he has voted for years, to grab control. to seize with a minority the management of this corporation. He has not votes enough and that is why he seeks an injunction"
 At the conclusion of Mr. cromwell's 8 argument Judge Ball said.
 q believe that I will have to modify the injunction. I have no power to ad- journ the meeting of the directors tomor- row. I suggest that the attorneys confer and see if some agreement cannot be reached.
 Compromise Arranged.
 Judge Farrar and MT. Cromwell ad- journed to the chamber of Judge Ball. Judge Farrsr suggested that every pos sible effort he made to secure the coE- duct of the meeting in an orderly and dgnifed manner and declared that Mir. Fish was willing to agree to the modifica-