New-York tribune., 1908-03-01
NEW I'LL. CENTRAL SUIT
Begun by Former Counsel Of Mr..
Fish 4eainst Hartman and Others.

Chicago, Feb. 2s.-Henry w. Leman' VINO was
of the counsel for Stuyvesant Fish In the re-
cent Illinois Central case decided by Judge Ball
adversely to the contentious made by Mr. Fish.
filed bill in the Superior Court to-day seeking
to enIoin the Union Pacific Railroad Company and
the Railroad Securities Company from voting
asl os1 shares of Illinois Central stock at the an
nual meeting 10 be held here on March =
Mr.. Lernan asked why the bill was hieo anu
the object of hling It
II gave the advice ne said. ION whlch the
original bill filed. When the inJunctoh was
refused Mr.. Fish and his associates determined not
to continue the litigation. because II "oulo take
two three years to reach result may nave
been wrong IN my advice, l may be right 1
am a stockholder in the Illinois Central ana d
citizen OF Illinois, and want to hnd out Whe'her
the Illinois Central and every other railroad I'D
this state can be dominated by the Union Pacffc-
| am backed by although q hunioer Oh
other stockholders have asked to join me In nav
ing this question determined. do nos expect
Judge Ball to reverse his decision denying 'he
Injunction but the question of voting that stock
is very important and ought to be deterlnineo'
and the court OF last resort will have an oppor-
tunty to pass it 1 nave money enough 10
nav the expenses of the litigation, and am de-
termned to 60 to the end with the case ana Sc
cure an adjudication which will be final
Thirty-seven persons. among them Edward n.
Hartman, in whose the 2sl2s1 shares in
question stand. also made defendants TO she
suit.
The bill asserts that the Union Pacific Railroad
connauy a few of the shares OF
stock Of the Railroad Securities Company II gives
a list of owners of the 2Sl, 2Sl shares or STOCK IN
question and declares that all of the STOCK IS heiu
and owned by Union Pacific company IL al
Ieees that the Union Pacific Railroad Company mas
no right or authority to vote this stock at the an
nual meeting to be held on March or at any az
iourned meetings II that the Union Paclnc
Railroad Company by voting thls STOCK VIII edec1 9
directors who will be under its influence anu
control will transact other business 70 its az
vantage, to the great and irreparaoie oahaee Vi INC
Illinois Central road. . W., .aa~
The bill sets forth that the laws OF Utah, unoer
which the Union Pacific Railroad company ls oI
panfzed do not give it power to hold stock in otner
than railroad corporations. and declares fhat the
nnhIic nolicv of illinois prohibits corporation
from holding stock in any other corporaton,
Frank H. Culver. associate counsel win MT, l.
man in the recent litigation served notice on Ine
attorneys the defendants later IN the Gay ,hae
on Monday morning and ask that preliminary IN
junction be issued.
That the new action will not delay the annual
p,eetine of the Illinois Central, which is set Tor
Monday noon was the declaration tonight OF j. l.
Harahan president of the railroad He commented
on the fact that the Leman suit is TO be brough'
before Judge Farlin @. Ball. who heard the former
case and added:
I can't see what hope Mr.. Leman has OF obtain
ing anv decision other than that rendered IN tIe
case started at the behest OF MIR. Fish. Judge Ban
went over all the points in the first case ex-
haustiyey and decided them adversely 10 the COR
tentions In the bill. Now OF the same points
The suit will not delay the meeting, SO far as
can see Arrangements for the gathering are
completed and it will be called to order on scheo-
ule time.