Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-01
F|SH-HARR|MAN FIGHT
New Developments in the Al
ready Noted Case.
DEMANDS NEW INJUNCTION
Attorney Leman Takes Up Litigation
at Own Expense.
WANTS SUPREME COURT RULE
Move Has No Immediate Effect on
Coming Election, But May
Finally Invalidate It.
Special Dispatch to The Star.

Special Dispatch to The star.
CHICAGO. February 29.-Unexpected de-
yelopment In the Illinois Central election
fight arose today which may keep the
legality of any action taken at MONDAY
annual meeting in doubt for year or
more.
Henry w. Leman counsel Tor o'uS-
vesant Fish. and stockholder to the ex-
tent of ten shares in the road. came 10 the
front with the announcement that he pro-
noses at his own expense, to wage the
legal battle over the right of the Union
Pacific and the Railroad Securities COM
panies to own Illinois Central stock until
q final decree is obtained in the supreme
court To this end the attorney hied
bill in the superior court to enJom the
two corporations in question from voting
the 2sl .231 shares held by them. He has
no idea that he will be able to interfere
with Mondays meeting. but he takes this
means of getting the legal questions In
volved to the higher courts.
Leman Is Game.
Mr. Leman will appear before Judge
Ball Monday and ask that a preliminary
Injunction be issued. This action will be
a formality, as ir. view of Judge Ball
opinion expressed in the Fish injunction
suit. the court is expected to deny thetin-
junction.
Opportunity will then be given for the
defendants to make their pleadings. and
In ff1n nf q anno2l-
able decree will be g,veT which viii en-
able the Sc to be take, to the appellate
court. From that court. Nj. Leman says.
he win take it to the supreme court in
order that the question of stock ownership
by corporations may be determined In the
highest tribunal of the state.
Undaunted by Judge Balls decision.
which stated in TO uncertain terms that
there is no public policy In Illinois op..
posed to the entrance into the state of
foreign corporations for purposes of In
vestment. Mr.. Leman declares that he Is
willing to stake his reputation as a lawyer
upon the SOundness of the contentious
upon which he bases his case.
Weighty Question Involved.
In the event Of favorable decree in
the higher courts, mandamus proceedings
can be brought to oust any directors
elected Monday. The legality of the ac-
tion that will oe taken Monday to ratify
the purchase of branch roads can also
be questioned.
Thirty-seven persons, among them Ed
ward II. Hartman, in whose names the
2S1. .231 shares in question stand, are
named as defendants in Mr.. Lenman's bill
in addition to the corporations involved
The bill avoids the personalities char
acteristic of the documents filed by Mr.
Fish, and the prayer for an. injunction is
based almost entirely upon the right of
foreign corporation to own and vote
stock in an Illinois corporation.
Stuyvesant Fish will arrive tomorrow
from New York to be present at the an
nual meeting. A. G. Hackstaff, secretary
of the Illinois Central and one of the di-
rectors whose terms expire, is also ex-
pected.
Armour for Director.
OF the four directors whose terms ex-
pire, f. H. Hartman, John Jacob Astor
and A. G. Hackstaff. will be reelected
Mr.. Hackstaff was chosen by the board
of directors to fill a vancancy caused by
the death of w Morton Grinnell. To
succeed Stuyvesant Fish, j. Ogden Ar
mour has been determined upon by Mr.
Hartman. John j. Mitchell was the orig
inal choice, but he has declined to take
the place.
The meeting is scheduled to take place