Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-10-16
FISH ORDER IS MODIFIED
Hartman Will Not Be Allowed to
Vote Disputed Shares Today.
ELECTION
PROCEED
Agreement that Votes May BE Cast
But Not Counted, Election go ne
Void ~ They would Affect
Result.

CHICAGO, Oct. 15.-E, II. Hartman was
today, by an order Of the court deprived
OF the voting power OF 2s6, 7Sl shares Of
Illinois Central stock in the annual meet
ing Of the railroad company, which opens
here 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, Mr..
Fish because the enjoined shares will not
be effective at the election, and Mr.. Harri-
man because his modification was secured.
These shares Of stock ruled out are those
held by the Union Pacific Railway COM
pany. the Railroad Securities company OF
New Jersey and the Mutual Life Insurance
company of New York against tempo
rary injunction. Which was yesterday is
sued by Judge Ball in the superior court.
Mr.. Fish asked that the voting of these
shares be enjoin ID. The court today, after
extensive arguments by the attorenys Of
both Sides modified the injunction by per-
hitting the shares to be voted under the
condition that II any Of these shares should
have a decisive effect on any vote taken
the entire vote is then to be null and
void In other words, Mr. Fish is given by
the court a handicap of 2s6,7S1 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 2S6731 votes more than are cast by
Mr. Fish and his followers
The total outstanding shares of the I'LL
nols Central number 95O.4OO Counting out
the shares affected by Judge Balls de-
cislon today, the total effective vote is
663, $50 shares. Based upon previous meet
ings of the Illinois Central rairoad the
estimate is made that approximately 100000
shares will not be voted. This, in the
opinion of the attorneys in the case, will
leave a probable representation of 563, ,669
shares at the meeting. The Hartman crowd
claims TO hold proxies of 3OS,OOO of these
shares.
The decision OF Judge Ball was granted
after the attorneys for Mr.. Hartman and
Mr.. Fish had filed the day with argu-
| ments and was the result of an agreement
| reached between Thomas Nelson Crom-
well. representing Mr.. Hartman and Judge
| Farriar Of New Orleans. who acted for
Mr.. Fish. At the opening Of court, At
torney Ralph NJ. Shaw presented motion
in the name of President Hanrahan of the
/ Illinois Central asking for a modification
of the temporary injunction issued yes
| terday.
Order of the Court.
| The modification suggested by Mr.. Shaw
| was as follows:
/ There shall be received and tabulated by
the Inspectors of those appointed to re-
ceive and canvass tho ballots all the
votes of all the shares of such corpora
/ tiun, Including those shares herein before
restrained from voting, which may be
voted on any motion or resolution, or foT
| the election of directors of said corpora
| tion and the votes of the shares of the
shares of stock, the voting OF which has
| heretofore been restrained, shall be kept
| and tabulated In a separate list, and II II
| shall appear that results OF the votes on
lany motion or resolution would be differ
! ent II the shares Of stock heretofore re-
! strained from voting should be counted
! then the entire vote on such motion oI
| resolution shall be of no effect and the
| same os II It had never been taken; and
! II II shall appear that the result of the
vote for any of the electors to be elected
at the annual meeting on October l6 1907
would be different II the shares of stock
! heretofore restrained from voting should
4 be counted then the entire vote for any
! such deCtor or directors shall be of~nr
| effect and the same as II II had never beer
taken; and thereupon the election of di
rectors shall be postponed.
| The final order OF court issued by Judg,
Ball was the same as that just quoted
which was submitted by Mr.. Shaw.
few trifling alterations were made whlcl
did not affect the general sense, and &
was provided in Judge Balls order thai
the date of the postponed meeting, If ar
Adjournment becomes necessary, shall h,
December is.
The court also directed that the proceed
ings of today shall not prejudice any pro
ceeding that may be commenced hereafter
by eithe- party to the dispute.
As the matter stands tonight both sides
believe that victory is in their grasp. Eacl
is OF the opinion that it holds the greatest
number of proxies, but the actual facts II
this connection cannot be guessed at will
any accuracy. 1t is admitted by the attor
neys on both sides that many stockhoder'
have issued duplicate and even tripicat'
proxies, and as the proxy Of latest datt
is effective, neither side knows exactly
where it stands. Neither will give out fig
urcs.
Mr.. Hartman arrived in the city today
but did not attend the court proceedings
Mr.. Fish was in court throughout tn,
day.
SHIPPERS ARE TAKING PAR