Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-02-20

Chicago, Feb. POE. II. Hartman to-
day gained complete victory In the
Illinois Central litigation which has
been in the superior court since last
October.
Judge Ball today rendered q decision
dissolvlng the temporary injunction
granted to stry avs5.ht Fish by which
2sG, &c; si.-.res of stock were enjoined
from being voted at the annual meeting
of the Illinois Central RAILROAD COM
pany This stock, which was held by
the Union Pacific company and the
Railroad Securities company of New
Jersey can now be voted at the annual
meeting which will be held in this city
March %.
DECISION Is LENG THY.
The decision of Judge Ball was quito
extended, amounting to about 10000
words. After citing the history of the
case and going at considerable length
into the various claims and assertions
made by both sides, the court went on
to say
under the rules of equity practise
should have requested the officers and
directors of the Illinois Central to bring
this suit-that such a request and re-
fusal by the corporation are necessary
prerequisites to their right to begin
this action. This suit might have been
brought by the Illinois Central. Its sub
ject matter is one in which all the
ctn ,nlH ~
equally interested. Before stockhold-
er is entitled in his own name to in
stitute 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 request; or
them would have been useless.
SOME ALLEGATIONS MADE.
"Tba bill as amended alleged that
complainants made no application to
the company to bring this suit first, be-
cause they believed they have the indl-
vldual right as stockholders to bring
this action; and second. that II would
have been idle to have made such ap-
plication because eight of the 80 direc-
tors of the Illinois Central believe that
the Union Pacific and the Railroad Sc
curities company have the right to holu
and to vote the stock seYerally owned
by them; because three OF these direc-
tors have participated In the unlaw-
ful acts complained of and five others
would have been advised by Hartman
not to allow the bringing of such a
suit and would have followed such adj
vice; and because of the personal nos
tility of eight of said directors TO Fish
they would not have permitted such
suit to be brought.
"The first reason given may be pass
ID as it Is legal conclusion and the
alleged facts stated as the basis for
he second reason are vigorously denied
n affidayits filed by said eight direc-
ors.
"The only thing averred and proved
n this case as TO the future actions OF
he defendants is that at the coming
lection the Union Pacific and the Rail
Dad Securities company will vote the
took they own and control Tor the re-
lection OF three of the present direc-
ors. each of whom has served the M
lois Central acceptably for many years
md for fourth director, in place of
,Ir, Fish, n competent man, who is not
n any way connected with the Union
,acific, No act prejudicial to the I'LL
lois Central or to its stockholders,
s shown TO have been done unless the
mere fact that the Union Pacific and
he Railroad Securities company own
Q Der cent OF the stock of the Illinois
central be considered TO be so. Since
he retirement of Mr.. Fish from the
Presidency the policy OF the company
as been the same, and its executive
Ulcers, with one exception, caused by
cath. have remained the same from
hat day to this, The relations between
he Union Pacific and the Illinois
'entral are now what they were when
In Fish was In power and assisted
1 shaping, and consented TO such rela-
ons. Nor is any change Intended. II
ne affidayits of well known ard re-
,,table men may be considered as true. {
he bill however, charges many things
hitch may happen TO the detrimont or
no Illinois Central and its stookhold' a;
rs IL the Union Pacific and the Rail-
rad Securities company be permitted
, vote at such meetings, but no facts I
re alleged or proved which even tend
bring about such results.
THE COURTS PROVINCE,
Courts OF equity act on facts alleged 6
nd proved. and not on fears, or sup /
1sed prophesies. II Il were not for the ! /
al that the name OF Hartman Is a /
anne TO conjure with these allegations
ould not be taken so seriously. There [
70 many things stated IN the bill as
the Intention Of the defendants I
hich. n put In force, on even attempt n
to be put In force would call upon
~ court to intervene. but a dlligent 4
arch of the record falls to show that i
lch things exist IN any concrete form. n
ho complninants say that II the Union n
iciAe and the Securities company are a
,rnnitted TO vote at the coming cleo
on. tho hold OF Mr. Hartman upon a
nd his domination over the Illinois !
,ntral will be strengthened and that
,ally the Illinois Central viii be re-
iced TO q servient position and VIII be r
Ven the lean end OF the carrying y,
ade. But they fail 10 allege and prove N
cts supporting these allegations.
"Vyhile Mr.. Fish may rightfully de- "A
re- 10 remain a director OF tho Illi- n
rs Central and TO that end may use =,
ery lawful means In the power OF
nself aud friends. he has no right
that Office unless he is legally elect @