The Montgomery advertiser., 1908-02-21
INJUNCTION
 IS DISSOLVED E. H. Hartman Wins Complete Victory. DECISION OF JUDGE BALI Union Pacific and Securities Com pany to Vote Stock. In His Decision Judge Ball Says Mr. Fish Has Failed to AiIese and
 Prove Fscts--No
 Apreal.
DECISION OF JUDGE BALI

Superior Court. today dissolved the in- Junction secured last October by Stuyve- sant Fish. by virtue of which the Hartman interests were restrained from voting 2S1 ,2s1 shares of the capi- tai stock of the Illinois Central haat- road at tiie annual meeting or the company.
 The theory on which counsel Tor MT. Fish based their arguments m support of the intunction--that # was contrary to the laws and public policy of the state of Illinois to allow foreign corporations to own and vote sthe stock of domestic corporations-- was denied by the court. Under the ruling of the court the previousiy en- joined stock which is held by the Union Pacific Railroad Company and by the Railroad Securities Company of New Jersey can be voted at the annual meeting of the Illinois Central. Wnlcn is to be held in this city on March 1-
 There is no appeal from the deeislon handed down today by Judge Ball. but it is considered probable that MT kisn will take further legal steps to regain possession of the Illinois CentraE Judge E. B. Farrar. of New Orleanss who has acted as leading counsel Ter Mir. Fish, said today. after the render ing of the decision. that the case VIII now be tried on its merits, but de- cIined to say how quickly new proceed ings will be instituted.
 Principals Net fn Court.
 None of the principals fin the ease were in court. both Mir. Fish and Mr: Hartman being in New York. All cf the attorneys on both sidea and many other lawyers and business mon were present and filled the court room to overflowing.
 President Harahan of the Illinois Central came in while the decision was being read and heard the latter portion Of It. When the, conclusion had been reached, ne said:
 My head is too full of that decision. 10 allow ma to say anything but to say that l am highly pleased aud more than highly pleased. Is putting t nsld- Iyss
 Judge Ball. who is of . somewhat frail ptsstqnes fnfnea oyer to his son the task of reading the decision. which contained almost 10000 words. AA soon as it was concluded. there was a veritabIe stampede in the court room, brokers, lawyers and messengers mak- ing a rush for the doors to announce the result. They ran into various rooms seeking for telephones and many tore headlong for the elevators. while \ others lied wildly down the stairways. AEo much excitement and confusion has not been witnessed in the County Court House for many years. IL
 The court declared that Mfr. Fish had not been able to prove any of his con- tentions that the domination of the Illinois Central by Mir. Hartman would be to its detriment and had also failed to show that the interests of stockhold- CTS would be injured thereby
 Not Competing Lines.
 The Union Pacific and the Illinois Central, he said, were not competing hut are connecting lines. and one could | ~ot. vafxr ~F E~ in such sense as to fall within the scope of legal decisions against the all dances between competing railroads. The two roads. the court declared, were not so situated as to make it pos- sible that they could combine to mo- nopolize traffic in any section of the country.
 The court further declared that if the name of MT. Hartman was not, a name to conjure with, many of the aIlega- tions made in the case would not be considered seriously. He was com peIIed to act, he said, on facts alleged and proved and not fears, cor sup- posed prophesiea.
 The records of the case. he said. fall- ed to substantiate many of the deelar- ations made against Mir. Hartman. The decision in substance wassas fol- lows: Tt is urged that the complainants.
 
 should have requested the officers and directors of the Illinois Central to bring this suit--that such request and re- fl,saI by the corporation are necessary prerequisites to their right to begin this action. The suit might have been brought by the illinois Central It's subject matter Is one in which all the stockholders of that corporation are equally interested. Before a stock holder is entitled in his ownt name to institute and conduct a litigation which usually belongs to the corporation, he should show to the satisfaction of the court that he called upon the directors to bring the suit and their neglect Or refusal to comply with his requests: or he must show that an application to them would have been useless.
 What the BtII Alleges.
 The bill as amended alleges that complaints to apply to the company to bring this suit first. because they be- lieve they have the individual right as stockholders to bring this action; and, second, that 1t would have been idle to have made such application because eight of the thirteen directors of the Illinois Central believe that the Union Pacific and the Railroad Securities Company have the right to hold and to vote the stock severally owned by them; because three of these directors have participated in the unlawful acts complained of. and i've others would have been induced by MT. Hartman not to have allowed the bringing of such a suit and would have failed such adyices. and because of the per. sonal hostility of eight of said direc- tors to Fish they would not have per mitted such suit to be brought.
 "The first reason given may be pass cd as it Is a legal conclusion and the the alleged facts stated as the basis for the second reason are vigorously denied in adidavIts filed by said eight directors.
 eThe only thing avered and proved in this case as to the future actions of the defendants is that at the coming election, the Union Pacific and tue Rail- road Securities Company will vote the stock they own and control for the re- election of three of the present direc- tors, each of whom has served the Illi- Dois Central acoeptabiy for many years.