The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-21
Judge Ball Dissolves Injunc.
ton Against Hartman
in Illinois Central.
CHARGES MADE BY FISH
ARE NOT BORNE OUT
The Name Of Hartman One to
Conjurc With, the Court De-
clares, but Facts, Not Fears,
Govern-No Appeal, but
Fight Will Be Push
ed on Merits.

- HIcAGo. February 2o.-Juoge
Ball, Of the Superior Court, to-
~ day dissolved the Injunction Sc
cured last October by stuyves-
ant Fish, by virtue of which the Har-
riman interests were restrained from
voting 281,231 shares of the capital
stock OF the Illinois Central Railroad
at the annual meeting of the company.
The theory on which counsel for Mr..
Fish based their argument in support
of the injunction-thnt 1t was contrary
to the laws and public policy of the
State of Illinois to allow foreign cor
'porations to own and vote the stock
of domestic corporations-was denied
by the court.
Under the ruling OF tho court the
previously enjoined stock, which is held
by the Union Pacific Railroad Com
pany and by the Railroad Securities
Company, OF New Jersey, can be voted
at the annual meeting OF the Illinois
Central. which Is to be held in this
city on March I'd.
Fish to Continue Fight.
There is no appeal from the decision
ha nded down to day by Judge Ball, but
1t is considered probable that Mr.. Fish
will take further legal steps to regain
possession of the Illinois Central. Judge
Z. E. Farrar. OF New Orleans, who has
acted as leading counsel for Mr.. Fish
Throughout the controversy. said to-
day after the rendering of the decision
that the case will now be tried on its
merits.
None Of the principals in the case
were in court, both Mr.. Fish and Mr.
Hartman being in New York. Presi-
dent Harahan, of the Illinois Central.
came In while me decision was being
read. When the conclusion had been
reached he said:
MY head is too full of that decision
to allow me to say anything. but to say
that I am highly pleased. and more
than highly pleased. is putting it
mildly
Contentions Not Proved.
Judge Ball. who is OF a somewhat
frail physique. turned over to his son
the task Of reading the decision. which
contained almost 10000 words.
The court declared that Mr.. 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 detrlment, and had also failed
to show that the interests of stock
holders would be injured thereby.
The Union Pacific and the Illinois
Central. he said. were not competing,
but are connecting lines, and the one
could not be a commercial rival Of the
other in such a sense as to fall within
the scope of legal decisions against
alliances between competing railroads.
The two roads, the court declared, were
not so situated as to make it possible
that they could combine to monopolize
traffic in any section OF the country.
The court further declared that IL
the name Of Hartman was not a name
to conjure with. many of the allega-
tions made in the case would not be
considered seriously. He was COM
PEELED to act, he said. on facts alleged
and proved. and not fears. "or sup
posed prophesies." The record of the
case. he declared. failed to substantiatc
many Of the declarations made against
Mr.. Hartman.
What Fight Involves.
Mr.. Fish, who was formerly prasi-
dent of the Illinois Central. filed bill
on October IA, 1907, asking that this
stock be enjoined from being voted at
the annual meeting of the railway COM
pany, set for October 10th. Judge Ball
issued temporary restraining order.
Mr. Fish was Joined In his suit by for
mer Senator George F. Edmunds. OF
Vermont; John A. Kasson. former min
lister to Austria. and by William II.
Enrich The bill alleged that the de-
PENDANTS held controlling part of the
outstanding. stock of the railroad COM
pany. Mr.. Fish averred that the board
OF directors was nominated by E. II.
Hartman, and said that the voting of
this stock should not be allowed, as 1t
would injure the Interests of himself
and other stockholders On November
25th the complainants appeared In
court and dismissed their bill in so
far as 1t related to 5000 shares of
stock held by the Mutual Life Insur-
ance Company. The defendants then
presented motion to dissolve the tenn
porary injunction. The Railroad Secu-
rifles Company. which Is holding and
investment company. Is characterized
by Judge Farrar. counsel for Mr.. Fish
In the Injunction proceedings. as q
"mongrel corporation." This company
controls $4,000 shares Of Illinois Cen
trail stocks. The remainder of the
stock enjoined Is owned by the Union
Pacific Railway Company. 1t was shown
during the fgurements that much OF
this stock stood in the names Of clerks
employed by Kuhn, Loeb & Company
of New York The progress OF the suit
has been watched with interest in fnan.
cial circles. and the decision of Judge
, Ball to-day will have widespread
effect upon corporations holding stock
! in Illinoia corporations,
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