The Birmingham age-herald., 1908-02-21
HARTMAN VICTORIOUS
 IN THE INJUNCTION SUIT
CONTINUED FROM PAGE i.)


 Hartman not to allow the bringing of such suit and would have followed such advice; and because of the personal hos tility of eight said directors to Fish, they would not have permitted such d suit to have been brought.
 Legal Conclusion.
 The first reason given may be passed as it is a legal conclusion and the all legged facts stated as the basis for the second reason are vigorously denied in af- fidavits filed by said eight directors.
 "The only thing ayerred and proved in this case as to the future actions of the defendants is that at the coming cleo ton the Union Pacific and the Railroad Securities company will vote the stock they own and control, for the re-elec- ton of three of the present directors. each of whom has served the Illinois Central acceptably for many years, and for a fourth director, in place of MT. Fish, a competent man who is not in any way connected with the Union Pacific. No act prejudicial to the Illinois Central or to it's stockholders is shown to have been done unless the mere fact that the Union Pacific and the Railroad Securities company own 29 per cent of stock of the Illinois Central to be considered to be so. Since the retirement of MT. 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 that day to this. The relations between the Union 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 is any change intended, if the af- fidavits of we'll known and reputable men be considered as true. The bill, however
 kl .t.... .f.a1. hgV tAnaH to the detriment of the Illinois Central and it's stockholders if the Union Pa cihc and the Securities company be per- mitted to vote at such meetings, 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 prophecies. If it were not for the fact that the name of Hartman is a name to conjure with these allegations would not be taken so seriously There are many things stated in the bill as to the intention Of the defendants which if put in force, or even attempted to be put in force, would call upon the courts to intervene, but dili- gent search of this record falls to show that such things exist in any concrets form The complainants say that if the Union Pacific and the Securities com pany are permitted to vote at the com ing election, the hold of MT. Hartman upon, and his domination over the Illinois Central will be strengthened, and that finally the Illinois Central will be re- duced to a servient position and will be given the lean end of the carrying trade. But they fail to allege and prove facts supporting these allegations
 Rights of Fish.
 "While MT. Fish may rightfully desire to remain a director of the Illinois Cen tral, and to that end may use every law full means in the power of himself and his friends, he has no right to that of flee unless he is legally elected thereto. Hence his defeat. if 1t comes from the lack of valid votes, is no legal injury to the civil or property rights of Fish or those of his fellow-complainants As pri- vate citizens the compliments are not keepers of the public conscience, nor are they conservators of the rights of the public. To sustain this bill it is not nec- essary for them to show merely that the acts complained of Is a public wrong, they