The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-03-04
IN SENATE.
TUESDAY, March 3. IsS

consideration OF the bin q. Z. 2SOl relating
TO mines a. 4 mining. which was passed by
ayes -, nays
Mr.. FOWLER explained the changes it
proposed to make in the present law, and
stated it's provisions were acceptable both to
miners and operators.
CLAIMS AGAINST TIE STATE.
Mr.. CAMPBELL, of Hendricks, called up
his bill s. 3lll relating to claims against the
State.
An amendment by Mr.. Willard to strike
out in Section the words ION any account
whatever was agreed to.
On motion by Mr.. WEIR, the bill was fur
tier amended so as to quiet the title to real
estate sold by the State and fully paid for.
Mr.. FOULKE: The necessity of this
measure is apparent. 1t is perfectly evident
that it is necessary to have some proper
court or tribunal which can proceed accord
ing to legal forms to ascertain the legality of
claims against the State of Indiana. What
would be the objection to allowing persons
having claims against The State to file their
claims in the Supreme Court and have the
Attorney General represent tue State
move that all claimants be allowed To file
their claims in the Supreme Court, and that
the Attorney General represent the State.
Mr.. CAMPBELL, of Hendricks; 1t is a
great deal less expensive for court to sit
end hear witnesses on one OF these claims
than for 100 men to sit and hear the wit
nesses. Our experience has demonstrated
that we are compelled TO sit in judgment on
claims involving many thousand dollars, OF
which We know almost nothing. 1t occurs
me that it would not only be a hardship
70 many claimants to have to file their
49, c., k~-ks "a a
be burden TO the Supreme Court to put
that kind Of business in their hands. am
quite sure that claims are allowed here that
would not be allowed by court. If this
bill becomes law. and person pre-
ftnis = claim against the State
10 a tribunal where it can have
lust and equitable action. When the Court
OF Claims was enacted by Congress it was an
experiment, and from time to time the law
governing that court has been amended IN
I'll 1T is satisfactory. This law VIII only be
ID operation two years, aud if experience
shows that it is imperfect, 1t can De amended
at the end OF that time. Ii has been said
that We may have Prosecuting Attorneys
not honest enough TO represent the people.
j consider it an unjust reflection upon
the officers of the State to say they would
not properly look after the interests of the
people. IL is my opinion that if this bill
becomes a law the amount paid out by the
State for claims wilt not be more than one
half what it now is. The Court of Claims
had from 1855 to 1880 considered and adju-
Dictated claims amour ting to $50 100000,
and the judgments rende d we're a fraction
less than $40 OO0. 600, whereas II the claims
had gone before Congress the probabilities
were that nearly the whole amount might
have been allowed by Congress-
Several States of the Union have enacted
laws permitting suits to be brought against
the States, and experience has shown the
wisdom OF such laws. Only in one State, so
far as know, has there been proposition
or suggestion TO repeal the law, and that was
In Tennessee, where the war debts had be-
come so great il was impossible ever to pay
them, and the law was repealed in that
STATE, which was avowed reputation.
Mr.. FOWLER: This bill provides that
after the claim has been sdjudicsted the
Auditor of State shall issue his warrant for
the sum. What costs there are ought to be
paid by the State. I have no doubt if this
becomes law it will save thousands of dol
lars TO the State CT Indiana. ! think it is
right that the State OF Indiana snail estab'
lish Court OF Claims.
Mr.. YOUCHE: l am in favor of this bill,
provided the amendment proposed by the
senator from Wayne is adopted. 1t is q
recognized fact that the claimant brings his
witnesses in the court and il always decides
IN favor OF the claimant against the whole
State The proposition to permit the Circuit
Courts of the different counties to adjudicate
upon these matters | am opposed TO.
Mr.. MCCULLOUGH: / am opposed to
the bill as it now is, and will vote against
it. do not believe 1t would be Just to let
courts and Prosecuting Attorneys staud be-
tween the parties and the claims. IL you
open fifty courts TO turn loose thousands of
claims upon the State, there will be claim
ants here and there who will undertake to
get the State in debt to them for large
amounts and take the risk OF going into
court and getting the claim. There will be
no misunderstanding in regard to claims il
the man who does work for the State under.
stands that he must work under written
contract. The trouble about the matter is
that men who have no contract are confirm
ally attempting TO 60 to the Legislature and,
without a tair showing, lobby their measures
through.
Mr.. CAMPBELL, OF Hendricks: Rather
than have the bill fail, IL the Senators who
favor the measure will accept the amend
nent OF the Senator from Wayne. will &C
cept it.
Mr.. WILLARD made an Intellectual
motion 10 strike out Section OF the bill,
saying: This is an attempt 10 destroy al.
together the legislative power by making q
continual appropriation bill with an inter.
veption OF the Legislature.
AT. Willard then Moved 10 strike out oil
Section the words ''of any Circuit Judge"
The motion was agreed to.
Mr.. CAMPBELL made an Intellectual
motion-yess; 80 nays l5-that the con.
siitutional rules be suspended, that the bill
he read the second time by its title be con-
sidered engrosssd, read the third time and
put upon its passage.
Mr.. MCCULLOUGH. explaining his vote,
raid: A bill OF this kind will be very far.
reaching innts consequences. II would open
the way to throw into the Supreme Court
hundreds OF cases. Therefore am opposed
10 suspending the constitutional rules 10 put
the bill through to-day.
Mr.. SMITH, OF Jennings: ] believe II IL
absolutely necessary that these claims
should be removed from the Legislature.
Mr. WINTER, when his name was called