Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1908-02-21

Judge Ball Rules That 2s6.2s1 Shares
Of Stock In Dispute Can be Voted
at Annual Meeting 49, Says Charges
Are Not Proved.
Chicago, Feb. 21.--Judge Ball of the
secured last October by Stuyvesant
Fish by virtue of which the Harri-
man interests We're restrained from
voting 1921 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-tha it was contrary
to the laws and public policy Of the
state Of Illinois to allow foreign cor
porations to own and vote the stock
of domestic corporations-was denied
by the court.
Under the ruling of the court the pre-
viously enjoined stock which is held
by the Union Pacific Railroad compa-
ny and by the Railroad Securities Com
pany of New Jersey can be voted at
the annual meeting of the Illinois Cen
trail, which Is to be held in this city on
| March ,. .-. ........
No Appeal From Decision.
There is NO appeal from the decision
handed down by Judge Ball, bust Is
considered probable that Mr.. Fish will
take further legal steps to regain pos
session of the Illinois Central. Judge
: e. f. Farrar of New Orleans, who has
acted as leading counsel for Mr.. Fish
throughout the controversy, said after
I the rendering of the decision that the
case will now be tried on its merits,
but declined to say how quickly new
proceedings will be instituted. -G>
None of the principals in the case
was in court, both Mr.. Fish and Mr..
Hartman being in New York. All Of
i the attorneys on both sides and many
other lawyers and business men were
present and filled the courtroom to
overlooking. President Harahan of
the Illinois Central came in while the
decision was being read and heard the
latter portion of it. When the conclu'
sion had been reached he said: ....
I Harahan Highly Pleased
my head Is too full of that decision
to allow me to say anything, but to
say that I am highly pleased, and more
than highly pleased is putting it mild
j ly."
! 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
soon as it was concluded there was a
veritable stampede in the courtroom,
brokers. lawyers and messengers max
ing rush for the doors in order to an
nounce the result. They ran into vari.
GUS rooms seeking telephones, and
many tore headlong for the elevators
while others fed wildly down the stair
ways. So much excitement and confu
sion has not been witnessed In the
county courthouse for many years.
Says Fish Didn't Make Good.
The court declared that Mr.. Fish had
not been able to prove any Of his con
tentions that the domination OF the
Illinois Central by Mr.. Hartman
would be to its detriment and had
also failed to show that the interests
of stockholders would he injured there
by. The Union Pacific and the Illinois
Central. he said. were not competing
but are connecting lines. and the one
could not be u commercial rival of the
other in such sense as TO fall within
the scope of legal decisions against tho
alliances between competing railroads
The two roads. the court declared
were not so situated as TO make 4
possible that they could combine Il
monopolize traffic in any section Of the
country. -r CIV,
The court further declared that II
the name Of Mr.. Hartman was not q
name to conjure with many of the al
legations made in the case would moi
be considered seriously. He was com
PEELED to act, he said, on facts alleged
and proved and not fears ''or supposed
prophecies" The record Of the case
he declared. failed to substantiatt
many of the declarations made agalns