Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-15
FISH |NV0KES
INJUNCTION
IN FIGHT
ASKS COURT TO PREVENT
UNION PACIFIC VOTING
Petition Alleges Hartman
Ownership of Illinois Central
Stock is Illegal and PrayS
That It Be Ordered Sold.
lBy Morning Journal Special Leased wire.I

lBy Morning Journal Special Leased Wire.I
Chicago, Oct. 14.-Stuyvesant Fish
through his attorneys II. w Leman
and Frank II. Culver, of Chicago, and
Edgar H. Farrar of New Orleans, to-
day secured a temporary injunction
which will, If made permanent, re-
strain the voting of the Illinois Cen
trail Railroad company which would
otherwise be voted I'm the interests of
T.. H. Hartman. The writ is directed
against the Union Pacific Railroad
company, the Securities company of
New Jersey, and the Mutual Life In
surance company. of New York,
which combined hold the above shares
of stock.
Mr.. Fish, accompanied by his at
tOrneys, entered the court room of
Judge Ball of the superior court at
o'clock but 1t was not until two hours
after that time they were able to
secure the attention of the court and,
ask for the issuance of the injunc-
tion.
The petition was filed by ex-senator
George f. Edmunds of Vermont John
A. Kasson of Iowa, Stuyvesant Fish of
New York and William II. Enrich of
Chicago.
Stockholders of the Illinois Central,
against the corporation, its directors
and stockholders, the Union Pacific
Railroad company, the Railroad Sc
curtis company, the Mutual Life In
surance company and large num-
Der of individuals i'm whose names, IT
is claimed, the Union Pacific Railroad
company has placed all of the stock
which Il holds in the Illinois Central
and whose names the Railroad Secur-
itiess company has placed $4,000
shares OF It's stock in the Illinois Cen
tral. In addition to the temporary in
junction sought, final decree was
asked declaring the Union Pacific
Railroad 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 directed to
sell their stock In the Illinois Cen
tral within a reasonable time.
The petition charges an unlawful
scheme of the Union Pacific Railroad
company to control the commerce of
the United States by buying large
blocks of stock in the prominent
transportation companies. II also sets
forth the facts stated in a recent re-
p6ft of the interstate commerce COM
mission in regard to the transactions
of the Union Pacific Railroad COM
pany and T.. II. Hartman.
IL sets forth the names of corpora
tions whose stock It is claimed the
Union Pacific has bought, among
them the Chicago and Alton, Illinois
Central. Chicago. Milwaukee and st.
Paul and the Chicago and Northwes-
tern. 1t charges that these four COM
panies own and operate parallel and
competing lines both In and outside
Of the state of Illinois. and that IT Is
unlawful for the Onion Pacific COM
pany to own and vote stock I'm 81 n
parallel and competing lines.
It is also charged that the acoui-
sition of the stock OF the Illinois Con
tral by the Union Pacific, which too v
place In July, 1906, was concealed
from the public and the stockholders
Of the Illinois Central was first
brought to light by the investigations
of the Interstate commerce commis-
sion. II Is alleged in this connection
that up to 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 a. Co
II is further charged that in the
effort to get as large a percentage OF
the stock Of the Illinois Central as
possible the Union Pacific violated It's
charter in buying the stock Of the
Railroad Securities company Of New
Jersey. which held as its only assets.
95 900 shares Of Illinois Central stock.
The charge is made that $4,000
shares Of Illinois Central stock bei
longing to the Railroad Securities
company was transferred a few days
before the Illinois Central books
closed bv a sham transaction. 10 r. II. |
Hartman and eighteen officials OF
the Union Pacific and the Illinois Cen
tral who are under the control OF Mr.. |
Hartman.
The bill declares that Directors
Peabody. Auchincioss and vanderbilt
of the Illinois Central are trustees Of
the Mutual Life Insurance company oI
New York and have combined and
conspired with +. II. Hartman and
the Union Pacific in getting control Of
the Illinois Central and 20 that end
q IS claimed. they intend 10 vote the
500 shares Of stock owned by the in
eurance company at the coming cleo
tion. u is claimed that the insurance
companv under the laws of Illinois
cannot vote stock in the Illinois Cen
trail.
The bin declares that Directors
Hartman. Peabody and Goelet n the
Illinois Central are also directors OF
the Union Pacific. and alleges that r
u Hartman dominates ell the Union
Pacific and an of the Illinois Central
directors except Messrs. Fish. Cut
ting and Reach.
Il is claimed that Hartman de-
rosed Fish a. president of the Illi-
nois Central because he defeated last
year the election of one DE Forrest.
Union Pacifc man. as director of the
r'rinofs Central and because he re-
- - l.. Ia. Iu-n.-. I-r--raL D..