Show WINS I S I IN FIGHT WITH FISH CONTROL Of 4 i t ILLINOIS CENTRAL Y J JUD DECISiON I 1 r mon stifle R d 0 c May Now Vote Holdings ot otin l lj j Meeting in inK M l K 1 1 CHICAGO GO Feb 20 E. E. E II today gained c orn 1 lets victory t Ol Y ill iu in the Illinois Central l litigation b tion which court since last Octo October bel is 5 been lu iu in the s su superior uv Judge Ball today rendered a decision dissolving b g the thc b bm m Ora injunction ion granted ranted to Fish by byi i ch al shares of stock were ere enjoined from being b o ted at the annual iu IL meeting acting g of the Illinois Central Rail Rail- jail ad t tl company This stock which was Tas held by the Union fiC company r and the Railroad Securities cons company pang of or c. c cw ew lv Jersey can cap now be voted at the annual meeting hl ell will wilt be held be-held held in hI this city eity March 1 25 5 The decision gf of ltd e Ball was quite extended amounting to about 01 d S. S r r. r Fish who was formerly pr president J the be Illinois Central filed a atm abill hill on oller Ober 14 1907 asking that ird res cl of Illinois noil Central stock owned the Union Pacific Railroad company Railroad l Securities company an and Mutual Life Lir Insurance company of Jr York be enjoined from being voted the annual mc meeting of tho the a railway pamy puy yet fet et for Octo October cr lG The matI mat mat- I liras iwas taken Master in iu Chan Chan- f Browning who recommended cd tho antic aUte of the temporary injunction as tyl tJ in is the bill This re recommendation I acted upon by Judge Call Ball who isa is is- jp a temporary restraining nin order was as joined in his bis suit by bt per er Senator George F. F Edmunds of ont John A AI Kasson Hasson former minis- minis to Austria and aud b by William H. H Em- Em 1 Tho bill bOI alleged II that the defendants held a controlling part of the outstanding outstanding in ing stork stok k of the thc rn railroad company compan Mr Fish averred that the board o or of directors was dominated b by E Edward ward II JI II and said alJ that tho the voting of this stock should not be allowed as it would t injure in in- in juro jure the interests of himself an and other stockholders Meeting l Is Continued On November 25 5 the complainants ap in court and dismissed the bill Inso in inso inso so far as it related to the shares of stock hel held by the Mutual Life Lifo Insurance Insurance ance anco company The rhe defendants then presented a motion to dissolve tho the temporary temporary tem injunction Ar Arguments upon this motion continued through several days and were wern long and exhaustive The de decision de- de decision of Jud Juc go o Ball to today ay was on tho the thoI motion to dismiss the injunction During During Dur Dur- in ing these arguments the annual meet I in ing of the Illinois nois Central railroad which had bad previously been continued continue from time to time was set for March 2 I The bill originally filed by br Mr J r. r Fish was based on Ihu hu t theory n that the pub pub- lie lic policy act of Illinois prohibits foreign for ci sign eign n corporations from holdin holding and voting vot vot- in ing stock in Illinois corporations save in certain exceptions allowed by bj statute The Tho complainants contended that tho the fact that certain violations arc allowed by by- statute proved that tho the public public- policy pol pol- icy act should hold good in this instance in in- in stance The Railroad Securities company o of N New e Jersey which is a holding and anil ins in's investment in in- s 's vestment nt company was was' characterized by EIL E E. E IL Fa Farrar r counsel for Mr Fish Fish lish in tho injunction proceedings as asa asa a mon mongrel corporation This company corn com enn puny pany controls shares of Illinois Central stock The Thc remainder of f the stock enjoined is owne owned b by the tho Union Pacific Railway Hailway company It was shown sho durin during the s that much of this tock toek stood in the names of clerks clerics em cm Toyed bv hv Kuhn Loeb Co of New York While tho the stock involved is but hut 96 of the total issue isue of shares it was declared by counsel at the hearin hearing before Judge Ball BaJI to be a controlling interest Effect Will WUl Be Widespread Counsel for Mr lIr Ir Harriman contended that in previous annual meetings s Mr Fish had bad reaped the thc benefit o or of these votes and that if such voting was illegal ille gal ial he was aware of it and should not be allowed to enjoin it horn from from being voted by other people Tho pro progress of the tho suit has been watch watched cd with great interest in financial circles and and tho the decision of Judge Ball BaJI today will have a a. widespread effect upon upon upon up up- on corporations holding stock in Illinois co Cor corporations orations Durin During the hearing on the injunction man many affidavits its were filed on each sido side accusing tho other of illegal acts and amI with seeking control of the Illinois Central Cen Cen- Railroad company to further their own o ends In behalf of Mr tr Harriman affidavits were file filed b by hy Edward I II Harriman Harriman Har- Har riman Robert RobertV W. W Goelet Charles A A. A Peabody Louis C. C Cornelius Vanderbilt Joseph F. F Titus John W W. W Auchincloss and others The leadin leading affidavits af af- for Mr Fish were cre made by Mr h. h Fish himself and George 1 F. F Edmunds |