The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-04-13
IN SENATE.
SATURDAY, April II, 1885.

SATURDAY, April II, 1852
TELEPHONE RENTALS.
TIE Senate resumed the consideration Of
The bill a. r At pending at the adjourn
ment yesterday
Mr.. MCCULLOUGH / am in favor Of
regulating all corporations. ] have no in
teIesi IL telephones other than have one in
ny Office Telephone companies are q mo-
nopoly. and being a monopoly no action at
this time would be more popular than to
vote fer the bill, bat my convictions as to
what would be to the best interests OF
the people and Of the State viii compel me
TO vote against this bill. The Committee on
the Judiciary Iof which Mr.. Mccullough is
Chairman attempted to get at the facts in
this case. The bill in part is unconstitu-
tional and. In fact, fraud. I believe the
Democratic party is in favor of regulating
corporations, but it should proceed deliber-
stely and iudiciously. Tine cost OF the plant
Is 81, ga. l3s 20 In the Central Union Tale
phone Company. 1t is probably true some
part OF this has been donation by the peo-
pie, as has been suggested. II clear prop
osition that property can not be taken away
from them, nor can they be prohibited from
nsipe that properly. 1t Is written
Is well as an unwrItten, plain proportion,
thai no mans property can be taken away
from him without Just compensation. 1t Is
proposed in this DILL to reduce the telephone
rental from s. TO g. month What is the
reson2 The evidence is that the profit is
bat ; % per cent. Grant that testimony is
in the interest OF te sphOne companies. III q
man will tes tify falsely one time he will tes-
tify falsely again, and the same testimony
will be given IL required in court. Say your
man is indicted; Ine telephone books are in
Chicago; the SCENT says I'VE can't sell those
instruments for less than s5;' and who is
going to produce - evidence? There can
De no witness brought here from outside the
State. What is the result? These same Off.
GERS that have given testimony here will
come into court aud will say they can not
Afford to put IN telephones for So, and as il
Will amount 10 prohibition the court is
bound 70 find the bill, If passed is unconsti-
iutior al This Legislature will be left in the
attitude al attempting to confscate property.
The democratic Ia,ty is not in favor of con-
fseatioD, and dees not want to make such a
record. am not willing to take that step
however popular it may be.
Mr. WILLARD: There is no Senator
who has a less personal interest or one whose
constituents could be less effected than
mine, as do not know OF o telephone ex.
change in my district but can Aot, as q
Senator here, permit the opponents OF this
COuSLltuLlOnallLY
speaking word of defense for it Where is
the section in the Constitution that shows
this bill unconstitutional? The States Of
Georgia, Tennessee, Kentucky aud Wiscon-
sin all sf them have regulated by statutes
the charges OF railroad companies, both
upon freight and passengers. And such
legislation has been sustained as being
within the limit Of the sovereignty of the
State by the Supreme Court of the United
States. | have no symp= ny with the plea
against striking down 'nopolies. / be.
lieve in striking down monopolies The
Democratic party believes in striking down
monopoliee, and / believe the people of the
State will approx the action OF the Legisls-
tnre in striking down this monopoly, as
h~ue il will. l desire to read from the case
OF Patterson vs. the State of Kentucky, and
j Say that case strikes down the last vestige
of the argument of the Senator from Gibson
tMr. Mccullough. and this case was sp-
proved by the Supreme Court of this State
n CD Indiana Reads 90 KY, D. 503 and
comments This is exactly the object OF
this bill, II. r. A, to protect the many
against the injurious conduct of the few.
And so i say the csnstitutionality Of this
bill, under the rulings OF our own Supreme
Court, is not sn open question.
Mr.. HILLIGASS; This discussion, think,
has fully met the question of the constitu-
from Wayne Mr.. Foulke) and Gibson (Mr.
Mccullough demand the previous cues
tiaD.
The Senate seconded the demand for the
previous question, and under its operation
the Senate agreed to substitute the favorable
minority for the unfavorable majority re.
port by-yess "a; nays IA
Mexsrs Campbell of Hendricks Campbell
OF Sc. Joseph, Davis, Faulkner. Fau,ke, Fow.
Ter. Hilligess, Johnson, of Tippecanoe, Mar
shall, Mccullough, McIptoch, Shivelv and
Smith, OF Jennings, Mer, Willard, Winter
l.
Appendix
The majority report, as amended by the
substitution OF the minority report, was con-
CURED in by-Teas, 81; nays IA.
Bessrs Faulkner, Magee, Rahm and Weir
explaining their votes See Appendix