New-York tribune., 1908-02-21
THE DECISION IN SUBSTANCE,

-. 5..ss;o, Of Judge Ball after citing the his
mr. q the case in substance was as io1Io"s-
urred that the complainants under me ca9s Tlse
feoutT practice should have reGCeS1ed 'lT % +bis
e- directors Of the Illinois Centra. 10 , or!Is & I I
suit-Jlat such q - ne %Teo3isites 10 their right
Iorsrlon are necessr- k,{ eS3- might have been
u begin this acton ms sL' T-e subject mat
- : one IN which all tn stock hq31eI qSf - stoDk
cr-poraoI. 80 - ris own name institute ana
Cg1d.c- litigation which usIA!44s o%iSFsc+ion Of
--- thar he called upon The direcio.S - 'oo3I,iT
the sUr ami their qeslsCt 60, =. show That an app-
eaton 70 them would have oe rI1g- corrnplainants
20 blcslsse they believe they haTs the +35 mo-
-e7 -ght as stockholders 70 bTlng AZ AZ =, " nav.
and second thai would nee 5eTl ~ tre thir-
--ds slcn Application ?i pee -e1TraI believe that
panr have the righl 90 MI bsraIJse three Of tTpse
oI-reloEs - and i've others would nave n 0e5 Il
sdZseo hy 1T W6lild have followed such advice
e-5 erz-se OF TIRE persona t1,-I5 rc- nave per
- zireCtors 10 Fish they WoU'u "''
7.-5 80 .--cb . silt to be brought .s II j. a
- -esson given may be pessee.. pesse...+ad as the
,sri oclusio and the alleged fafLo osiT s denied
sss cor tne z,s5 sSeqno F SAID sf=s eight directors
ONLY POINT PROVED
.,.rr averred and proved in this s. case as a.
e ot33 tcrions Or the defendants Is -, m fs,ii
IL 1onns election TIE I,9T ii vote the stock they
- - control for the l4 or tbs illinois
5i-s-,--e ezch Of whom has seI seI1eo md for
Cszr-si scoep5ahly for 9alRy n ~ Fish competent
- mo f- not IN any way ccIi'eo'0o
Cnon Pacitic =, The Illinois Central Or 70 is
,ztsl-e = shown 70 have been dorat 5t5f-csd
r-cre fact that the Union aotl1 @ EN- of the stock
- t-ent-sl be considered 70 be ] SO o' ~
L5 etreTe' % c01,6ay 81 as been the same and iSS m
eyerr-lve officers. with oh enc lIoT7l mat day TO
,5e4-b bsve remained the same 1''ii'
IHe relations 5eJ"een ,5s I5st 5hev nere when Mr
Fsr ~ss in power and ASSISTED n r5sTze in
e9 = he sffidaTis Of well known ana TeIu.-
b.e men be considered as true banDen to the
~ra-~es rnsnv things which laa9 az storkoold-
Sg+er, ~ The Illinois central and rs rI
= = I no % [ofe at such meeting but no , IaG1s
ar alleged proved NLlci r+y- act on facts
e. - - T-o[ed and not fears or s@gppo,s @ -
propaeces II i we're s9e a1 TO 70 con1ure with these
slega lions would not be taken so seF1o1siy
A1JEG CATIONS NOT CONCRETE
ber r many things stated IN the Oh. a. as 20 for 1,ee
q er s2-efnDted TO put IN foree 9:i,g would slc fa
- b5s rSorI fails 10 show that such things exist
Il as conGTe1e Iofi ssv that II the Union Pacific
ana ne securitie contrary are are p, NJ Hartman
coming election the eol9 f,o;s oI central viii
b. s,-eTgfheneI an6 that hna. u IlIilioisd aTd III
- - N-- .. 80, END Of the carrying trade but
thev fail 10 alege and prove iaoA' sup
Fish r,,.s rigi1+ruy desire TO remain "a
gir, - ne fiI!nois Central and 10 tilt end may
U.s. serZ IapfuI means in the power o. ni5g,. IT
80 l,. has rIghi 70 lLAzt oA-l
l4sr - je-sfly elected thereto. ~ +s e no
fesf II !, eoEes fromi the lack of taila sDeee Nh IN
o. -hos- rr Lis fellow complainant * .,o+
private citizens the ,rs -Fe,. me
keeners al the Fuaic conScle:i'+ nor <a's -.
1onserys1ofs- Of the rights or tis Fu,r -, =, sb1u
rT,ere7-- int 4fye at complained = - = PLpil
vrong. me, mus also show that by the DONG oI
such 49, rhex will suffer special ltJuIS 70 - eel
cf5I - v-.,srrz lights This election or dlTettps
:. - = - .a,i,e- ran rork No legal wrong 70
tie cor7rIsinarts and speclat muir ~ IN. y :.
them is rrovcd z>lich calls fos me 'itsi p'7-'i
C iris
Tne c9urr hen declared that tile nn2l-es ana
opinion Of the Interstate Commerce COMMISSION