Pine Bluff daily graphic., 1908-02-21
IN FUNCTION AGAINST i. c. STOCK DISS0LV WE'D
Fish Loses the Bitter Fight He Had Been Making Against Hartman For Control of the Hi nois Central s=7j !

Chicago, Feb. 20.-4E. II. Hartman today gained complete victory in the Illinois Central litigation which has been in the Superior Court since last fall
 Judge Ball today rendered q decision dissolving the temporary injunction
 granted to Stuyvesant Fish by which 286, ,231 shares of stock were enioiued from being voted 8. the annual meet ing of the Illinois Central Railroad Company.
 This stock, which was held by the Union Pacific Railroad Company and the Railroads Securities Company of New Jersey. can now be voted at the annual meeting. which will be held in this city March 9.
 After reciting the history of the case and going at considerable length into the various claims and assertions made by both sides, the court went on Ito say:
 There arc many things stated in the bill as to the intention of the de- Pendants which if put in force, or ever
 attempted to be put in force, would
 call upon the court to intervene, but
 diligent search of this record fails to
 show that such things exist in any concrete form. The complainants say
 that if the Union Pacific and the Se- curities Company are permitted to vote
 at the coming election the hold MT.
 Hartman has upon, and his domina-
 tion over the Illinois Central will be
 strengthened and that finally the 1lli-
 nois Central will be reduced to ser vient position and be given the lean end of the carrying trade, but they fail to prove facts supporting these ale
 cations.
 While Mir. Fish may rightfully de- sire to remain 8 director of the Illi- nois Central and to that end may use every lawful means in his power, him. self and friends, he has no right to that office unless he be legally elected thereto, hence his defeat, If it comes,
 comes from a lack of the valid votes, to no legal injury to the civil or prop erty rights of Fish or those of his fel- low complainants. AS private citi- zens, the complainants are not keep CTS of the public conscience, nor are they conservators of the rights of the public wrong, but they must also show that by doing such acts they would suffer special injury to civil or prop- erty rights. This election of directors at the coming meeting can work no legal wrong to the compliments and no special injury to any of them' which calls for the interposition of this court.
 History of Controversy. The famous legal controversy be- tween Stuyvesant Fish and E. H. liar riman, involves the control of the Illi- nois Central Railroad. MT. Fish, who
 was formerly president of the Illinois Central, filed bill on October IA, 1907, asking that 2S6,2S3 shares of Illinois Central stock owned by the Union Pacific Railroad Company. the Railroad Securities Company and the Mutual Life Insurance Company of New York, be enjoined from being vot- ed at the annual meeting of the rail- way company, act for October 16. The matter was taken before Master in Chancery Browning. who recommend ed the issuance of the temporary in- junction as asked in the bill. This recommendation was acted upon by Judge Ball, who issued a temporary restraining order.
 MT. Fish was joined in his suit by former Senator F. Edmunds of Ver- mont. John A. Kasson, former minis ter to Austria and by William H. Em- rich. The bill alleges that the defend- ants held a controlling part of the out standing stock of the railroad con- pany. MT. Fish averred that the board of directors was dominated by Edward III. Hartman and said that the voting of their stock should not be allowed as it would injure the interest of him. self and other stockholders.
 November 25, the compliments ap- peared in court and dismissed their bill insofar as 1t related to the 5000 shares of stock held by the Mutual Life Insurance Company. The defend- ants then presented a motion to dis solve the temporary injunction. Argu- ments upon this motion continued through several days and were long