New-York tribune., 1908-02-21
FISH LOSES |. C. SUIT
H4RRIMAN THE VICTOR.
Judge Ball Dissolres Injunction
against Toting 2SI .23f Shares.

Chicago. Feb. 2o.-Judge Ball Of the Superior
Court, to-day dissolved the injunction obtained
last october by Stuyvesant Fish by> virtue of
which the Hartman interests were restrained
from voting 2s1. Dbl shares Of the capital stock
of the Illinois Central Railroad at the annual
meeting Of the company The theory on which
counsel for Mr- Fish based their arguments in
support Of the injunction it was contrary
20 the laws and public policy of the State Of
Illinois 10 allow foreign corporations TO own and
xote the stock Of domestic corporatons-was
cenIeo by the court
Under the ruling OF the court the previously
enjoined stock. which is held by the Union Pa
cihc Railroad Company and by the Railroad
szrurtties Company of New Jersey. can be
voted at the annual meeting Of the Illinois Cen
tral. Y hich is 10 be held in this city March =
There is no appeal from the decision handed
down to-day by Judge Ball. but il is considered
probable that Mr- Fish viii take further legal
steps 70 regain possession Of the Illinois Cen
rral Z. z. Farrar. Of New Orleans. who has
acted as leading counsel for Mr. Fish through
ont the contest. said after the rendering of the
decision today that the case viii now be tried
or lis merits. but declined to say how quickly
new proceedings viii be instituted.
None Of the principals in the case was in
court both Mr.. Fish and Mr. Hartman being
II New York All OF the attorneys on both
sides and many other lawyers and business men
were present, andlfled the courtroom to over
flowing President Harahan OF tne Illinois Cen
rral came in while the decision being read
and heard the latter portion Of it. When the
conclusion had been reached he said:
My head is too full of that decision TO allow
ne to say anything bus TO say that I am
highly pleased. and more than highly pleased, is
putting il mildly
Ec.rf Fo of som a
r,hvsiaue turned over To his son the task Of
reading the decision. which contained almost
zen thousand words. As soon as it was finished
there was a veritable stampede in the court
room brokers. lawyers and messengers making
q rush for the doors 70 announce the result.
-her ran into various rooms seeking telephones
and many tore headlong for the elevators. while
others Cd wildly down the stairways so
much excitement and confusion has not been
witnessed in the county court house for many
years
The court declared that MI Fish had not been
able to prove any Of his contentious that the
domination of the Illinois Central by Mr.. Har-
-7-,en would be 70 its detriment, and had also
failed TO show that tae interests of stockholders
would be injured thereby The Union Pacihc
and the Illinois Central he said. are not COM
netting but. are connecting lines. and the one
cos,i6 not b. = commercial rival Of the other III
sT1ch 9 sense as 70 fall within the scope OF
legal decisions against alliances between com
r,etin- railroads The TWO roads. the court de-
cla7ed were not 50 situated as 10 make IL pos
sible that they could combine 10 no1aopoii1e
traffic in any part Of the country
Tire o7,r1 further declared that il the name o.
" Hartman was not name to ConjuTe with
-,s-,- 70 the allegations made in the case would
~ be considered seriously He was conlpeIieo
n a., ne said. on facts alleged and proved ana
70, fears .'or supposed prophecies The record
o. rh9 case. he declared. failed 70 substan ntla'e
many q the declarations made against MI lar
-iulan-