The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-02-04

nothing they may be passed over We
next come to the special session of 1872
10.
Mention is made in the journal of the
senate, Feb. 6, 1873, page 4l9, that on
Dec. IA, 1872, memorial Was presented to
the senate with reference TO this matter;
but neither the memorial nor any
reference 10 it appears either in the jour
nal OF Dec. ii, ~, or in the BREWER re-
ports. But the committee on rail-
roads was ordered to investigate the mat
ter, ascertain how much the
road owed the state and what further
legislation, if any. was necessary, and re-
port at the regular session.
Seventeen Years Ago.
A recess of ten days was had between
the special and regular sessions, and the
committee sat during the recess. Mr..
Dwlgglns, however, went to his home for
day and the writer said to him:
How much does the road owe the
stste-as much as a million ?"
81 have not investigated the matter
closely vet" replied Dwiggins, but from
what | do know | can say that Is nearer
two millions than one"
Now, this was seventeen years ago and
the road has probably earned twice as
much annually since then as before.
Now. if the road had, in twentv-three
years-fOr it was about 1850 when it got
into operation-returned the capital in
vested and 10 per cent. interest thereon,
and accumulated 100000 for the state,
how much may reasonably be supposed
10 have since aCcumu ated out of its
largely increased business, when ali the
receipts over and above running and con-
tingent expenses and - per cent on first
cost, are due the state?
But TO return to the committee. Pres
ident Roses palace car, with locomotive
and crew, was placed at the disposal of
the committee. At Terre Haute the best
parlors and rooms in the Terre Haute
house, owned by Mr.. Rose, president of
the road, were reserved for the committee,
while the stables furnished the finest
coaches for their use. and with Mr.. Ed
wards, confidential friend OF Mr. Rose, as
chaperon they 'done" the city and coun-
try. Feb. 6, 1873, the committee reported to
the senate the result OF its arduous la
bors
The company reports that il has at all times
when called on by the proper authorities, made
full and complete report, disclosing amount OF
receipts and disbursements OF the company.
The committee further reports that the evil
dence before 1t shows that the reasons upon
which the officers OF said company acted IN
failing to pay over any sum of money to the
treasurer OF state as part of the earnings for
the beneht OF the school fund. are these:
l. Said officers claim and insist that
there is nothing due under any circumstances.
. Acting under the advice and couu-
sci OF their attorneys, Col. r. w. Thompson
ct al, the officers claim that nothing can be
due to the state or any of the friends thereof
until the legislature first asserts the right of
the state in the premises and by legislation
hXes and regulates the tolls and freights and
income of said company (as provided In See. % of
the chsrterl. They claim they have been
strengthened and confirmed in this opinion of
their counsels by the opinion of the attorney
Williamson. before referred to).
1t is insisted, however. by attorneys who claim
to represent the state, together with the attor-
ney-general, that no such precedent steps are
necessary in order to fix the liability OF the
company. but that the company is bound to
pay over the money without any such action,
or any action on the part OF the legislature.
Thus 1t will be seen that is purely
legal question. And we deem II best
20 leave the discussion OF that question to the
judiciary. where it properly belongs. (Pp, 4l9-
42O senate journal, Feb. 6, 1879.
How Not To DoIt
The instructions of the committee were
l. To find out how much, if any
thing, the company owed the state To
this the committee answers. The officers
(Of the road) claim and insist that there is
nothing due. Was not that queer
authority for the committee to quote?
Was il not strange that they should 60 10
the officers of the road for information?
Why did not the committee demand such
a full and complete report disclosing the
amount of receipts and Disbursements" as
they say the company was ALWAYS willing
to give? And the committee had not only
right 10 demand this, but also a right to
personal inspection OF the cOmpany's
books Sec 35 of the charter. among
other things, provides: The books of
said companyshall always be open for the
inspection of any agent of the state ap-
pointed for that purpose by the iegis-
lature. and upon any refusal to exhibit
their books and accounts to such agent,
upon request made to the president, all
powers granted by this act shall cease"
Was not this committee the agent of the
state, appointed by the legislature for
the purpose, and under the contingency
contempt ated in Sec. 352 Whv did
not the committee get an expert account
ant and examine the books? But no!
''The officers claim, and insist, etc." was
satisfactory to it,
?. The duty Of the committee was to
see if any further legislation was neces
sary- And II reported that the officers
said that the company didn't owe the state
anything, and wouldn't pay il il it did,
until the legislature passed a certain act
contemplated bv Sec. 25 of the charter.
Does the committee recommend the pas
sage of the law referred To? No! Ii sim
ply reported: 'It is a judicial question,
and we prefer to leave it to the courts,
where it belongs"
Corruption Publicly Charged.
In a complaint filed by Mr. Buskirk,
a'tOrney-general, at the January term,
1876, of the Marion superior court, de-
manding an accounting by this company,
etc. the plaintiff said:
That IN the years 1865. 1867 and 1869, and at
other times. the legislature appointed commit
tees 20 investigate the affairs of the defendant;
that while such committees had this matter
under examination defendant laid out and ex-
pended large sums OF money upon the men,
bers Of such committees for the purpose of in
prevent legislation regulating paid tolls. CAS-
required lby sec. 23L-Par paragraph sub
diUisiOn X Of complaint.
That in 1867, while a Joint committee had
this in charge, defendant, for the fraudulent
purpose aforesaid, paid their hotel bills, fur
nished them carriages to drive in, etc, and
made them drunk, and thereby prevented any
reports etc. Part Of subdivision NJ.
That during the session of the general assem-