The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-21
FISH BEATEN
BY HARTMAN
IN ILLINOIS
Injunction Dissolved and Stock
Held by Union Pacific
Can Be Voted.
EXCITEMENT FOLLOWED
READING OF DECISION
WILD RUSH OF REPORTERS,
BROKERS AND MESSENGERS
FOR NEAREST PHONES.

Chicago Feb 20.-Judge Bali OF the
superior court today dissolved the in
junction secured last October by Stuy-
vesant Fish by virtue of which the
Hartman interests were restrained
from voting 2e1, 231 shares of the capt.
tel stock of the Illinois Central rail-
road at the annual meeting of the COM
pany. The theory on which counsel for
Mr.. Fish based their arguments in
support of the inj1nction-that it was
sCntraTy to the laws and public policy
= the state of Illinois to allow foreign
Corporations to own and vote the stock
OF domestic corporatiOns-was denied
by the court.
Stock Can Be Voted.
Under the ruling of the court the pre-
viously enjoined stock which is held
by the Union Pacific railroad and the
Railroad Securities company of New
Jersey can be voted at the annual
meeting of the Illinois Central, which
is to be held in this city on March 2.
There is no appeal from the decision
handed down today by Judge Ball, but
it is considered probable that Mr.. Fish
will take further legal steps 10 regain
possession of the Illinois Central.
Judge E. B. Farrar. of New Orleans,
Mr. Fish throughout the controversy,
said today, after the rendering of the
decision. that the case will now be tried
on it's merits, but declined to say how
quickly new proceedings will be insti-
tuted.
Principals Not in Court.
None of the principals in the case
were i'll court, both Mr.. Fish and Mr..
Hartman being in New York. All of
the attorneys on both sides and many
other lawyers and business men were
present and filled the court room to
Overlooking. President Harahan of the
Illinois Central came in while the de-
bon was being read, and heard the
latte r.Srtion of it. When the conclu-
= sion had been reached he said:
Ny head is too full of that decision
10 allow me to say anything, but to
say that l was highly pleased and
more than highly pleased is putting. it
mildly"
Excitement in Court Room.
Judge Ball who is of somewhat frail
physique, turned over to~his son the
task of reading the decision, which
contained almost 10000 words. AS sool.
as it was concluded there was a verita-
BILE stampede in the court room, bro
keTs. lawyers and messengers making
nounee the result. They ran into var
ious rooms seeking for telephones, and
many tore headlong for the elevators,
while others fled wildly down the
stairway. Such excitement and cOnfu-
sion has not been witnessed in the
county scourt house for many years.
Contentious Not Proven.
The court declared that Mr.. Fish had
not been able TO prove any of his con-
tentiOns that the domination of the IL
linois Central by Mr. Hartman would
be TO its -detriment. and had also failed
to show that the interests of the stock
holders would be injured thereby The
Union Pacific and the Illinois Central,
he said. were not competing but are
connecting lines. and the one could not
be a commercial rival of the other in
such a sense as to fall within the scope
of legal decisions against the alliances
between competing railroads. The two
roads. the court declared, were not so
situated as to make it possible that
they could combine to monoplize traf-
fic in any section of the country
The court further declared that if
the name of Mr.. Hartman was not a
name to conjure with, many of the al
legations made in the case would not
lNe considered seriously. He was COM
Selled to act, he said, on facts alleged
and proved. and not supposed prophe-
cies. The record of the case, he de-
clared failed TO substantiate many of
the declarations made against Mr..
Hartman.