Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1908-02-22
HARTMAN WINS OUT
tiiyen Decision Against Fish in
Illinois Central Litigation.
INJUNCTION IS DISSOLVED
6 .oSk Held by the Union Pacific Rail
road Company and the Railroad Sc
cnrities Company Van Be Voted at
Directors Meeting.

chicago, Feb. 21-E. Fl. Hartman
gui:-ed a complete victory In the Hi
n; entral litigation which has been
f. superior court since last Octo-
- Judge Ball rendered decision
& ring the temporary injunction
So d 20 Stuyvesant Fish by which
- 81 :hares of stock were enjoined
e. being voted at the annual meet
IL # the Illinois Central Railroad
company This stock, which was
held by the Union Pacific Railroad
company and the Railroad Securities
company of New Jersey can now be
voted at the annual meeting which
will 7-e held in this city March 2. The
Aecisio1. .y-,:'~e Ball was quite ex-
%nded, ;r. -; to about 10000
N~"r3;. E, y. part:
va oct j.. nj to the Illinois
( 31,ral ~or TO ; stockholders is
4.Jvn to have been =, >. :..,..-.,a 10
mere fact that the T7...,.. F'-!v. =: Il
the Railroad Securities ,o-lpau.' ,'>.I
70 per cent of the stock of the Illinois
Central be considered to be SO. Since
the retirement of Mr.. Fish from the
presidency the policy of the company
has been the same and its executive
officers, with one exception caused by
death, have remained the same from
lat day to this.
-Fhn thu TTniNr1
Pacific and the Illinois Central are
now what they were when Mr.. Fish
was in power and assisted in shaping
and consented to such relations. Nor
81 any change intended, II the af1da-
Wits of well known and reputable men
be considered as true. The bill. how
ever, charges many things which may
happen to the detriment of the Illi-
nois Central and its stockholders if
tla Union Pacific and the Securities
c. -apany be permitted to vote at such
meeting; but no facts are alleged or
proved which even tend to bring about
such results. Courts of equity act on
facts alleged and proved and not on
fears or supposed prophesies. If it
v ere not for the fact that the name of
Hartman is a name to conjure with
these allegations would not be taken
SO seriously.
Charges Not in Concrete Form.
mere are many things stated in
til. bill as to the intention of the de-
f ants which, if put in force, or
e. attempted to be put in force,
v call upon the court to inter-
". but q ljligent search of this
i ID fails to show that such things
&. n any concrete form"
g court then entered upon a long
d. 05sion of various statutes regard
j. the holding Of stock by corpora
tbs in other corporations, declaring
fua ly that such holdings are not pro
hill I'd nor opposed to public policy.
IL len said:
The right of the Railroad Securi-
ties company to vote its Illinois Cen
tra stock is unimpaired by the fact
that the Union Pacific owns prac-
tically all of its stock. So long as
the voting power of the Securities
company is secured in lawful man
ner and for lawful purposes it is i'm
me- 2rial who owns it's stock"
The decision further asserted that
the Union Pacific and the Illinois Cen
tral are not competing but connecting
lines and that the Union Pacific I'M
der its charter and the laws Of Utah
has a clear right to own shares of
stock of Illinois Central, which it pur
chased in 1905, and that 1t has the
essential right to vote that stock at
meetir IS of the stockholders of the
Illinois Central.
The attorneys for Mr.. Fish agreed
that the opinion Of Judge Ball could
not be appealed from.
st is a non-appealable ORDER" said
Attorney Farrar, between puffs from
o large black Havana. The merits
OF the case must now be tried, a de-
cree G ltered and then we will be able
"a take an appeal"