Show LEGAL UNDER UNDE THE ILLINOIS COO CODE Injunction Against the Mutual I Life in the Illinois Central Suit Dismissed MOTION MADE BY PLAINTIFF STATEMENTS MADE BY HARA HARAHAN HARAHAN HARAHAN HAN AND FISH I Chicago Nov o 26 The Mutual Life Insurance interests in the Illinois Central railroad were freed from the operation of the injunction recently secured by Stuyvesant Fish on motion of the attorneys this afternoon The insurance company owns OO shares of Illinois Central and with these released the injunction now affects shares In making the motion to dismiss the attorneys for the former president of the railroad said that there is fair fairground ground under the statutes of Illinois to hold that life lire fire and ind rind other insurance insurance Insurance ance companies can hold stock in such companies for investment purposes only and they therefore did not care to question any such right We Wo take this step said Judge Far Farrar Farrar one of the attorneys in order to relieve the case of what we believe to be the only discussable proposition in U 0 and in order to reduce the case to the fundamentally different questions which arise as to the Union Pacific Railroad company and the Railroad Se Securities unties company Without Prejudice Judge Ball granted the motion with without without without out prejudice to the orders issued as asto asto asto to the other defendants who include E H Harriman J T T Harahan John Jacob Astor Cornelius Vanderbilt John JohnW Johnw JohnW W Auchincloss Robert W Goelet A G 3 Hackstaff Charles Charle A Peabody and many others action followed a noonday noonda conference between Mr Fish who ar arrived arrived arrived rived from New York this morning and his attorneys The case was called early PArly in the day but Attorney H W Leman Informed the court of Mr r Fishs arrival and asked for a postponement until afternoon in order that he might have time to discuss the matter with his client Mr Ir Fish and his attorneys were disposed to treat the matter light lightly lightly lightly ly tonight claiming that the interests affected by b the dismissal are comparatively comparatively comparatively insignificant and that the issue as to the other defendants will have a different outcome Opinion On the contrary President Harahan r of If t the Illinois Central saw in the ac action action tion Uon the confession of weakness and predicted that the rest of the cases will fallIn fall fait In a similar manner Mr Fish could not maintain the in integrity Integrity integrity of the affidavit which he made when he swore to the bill and there therefore therefore therefore fore he quit said Mr 11 Harahan He Heas was as a trustee of the Mutual Life Le L e In Insurance Insurance insurance company compan when it acquired the stock and voted it for years When he hei i eased teased to be a trustee of the insurance company com pan he discredited his own record by attacking investments Investment which he as assisted assisted assisted in making We have hae gotten all aU we ask for at this time and the rest of or the tte case ease will be taken care of just justas as effectively Statement by Fish Air Mr lr Fish took advantage of his pres presence ence in Chicago to give gie out a state statement statement statement ment in answer to the demurrers an answers answers answers and bills of exceptions filed by bythe bythe bythe the defendants to the suit Saturday S and containing charges against his course as president of the Illinois Central These charges vague stale and false are set up to affect proxy getting and not to operate as a defense of the injunction suit he said I 1 have re repeatedly repeatedly repeatedly answered these same accusations showing that Harahan Astor Hackstaff and Vanderbilt following Harriman have invented at least four reasons for tor deposing me from the presidency of the road al at although though at that time they wrote me a aletter aletter aletter letter giving as their only ground my refusal to elect Mr Deforest a director After fter the loan to which they the refer had been made and paid by me these same men elected me president of the com corn company company pany and increased my salary The charge that I am trying t to use my directorship in the Missouri Pacific to tol l the Illinois Central is childish |