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

suit against the company to recover the
! money due the state.
The reso.u .utiOn was adopted by the
house March IL House journal, page 1851
and cOncurred in by the senate on the
same day Senate journal, page l5l7).
An hour after It's concurrence in the
senate the legislature adjourned sine die.
The original resolution was never re-
turned to the house. 1t was sto.en. "It
is in -- county," replied member of
the third house, when asked what had
become of the resolution. However
Clerk of the House Newkirk discovered
that it had been adopted by both branches
of the legislature, and two days after final
adjournment he filed copy with the sec
retary of state. The latter caused il TO be
printed with the acts, but refused TO serve
a copy of it on the president of the Terre
Haute d Indianapolis railroad company
for the alleged reasa n that an engrosSed
copy had not been fled with him while
the legislature was still in session, and
that it was therefore worth ION ~ at the
rate of , cents per pound for waste paper"
as he explained in an interview.
The constitution does not provide that
concurrent resolutions shall be enrolled.
When concurrent resolution has been
spread upon the journals OF the two houses
it is completed. The attorney-general
also ignored it although his attention was
repeatedly directed TO it.
Here is fine opportunity for the alli
ance members of the legislature. Ii they
are in earnest and desire to accomplish
general reform, let them pass such legisla-
ton as will bring the delinquent rail-
road to terms. But it must be legs-
latiOn that cannot be evaded by the OF
ficials of the state. Nor should such legis-
lation be deferred till the last day, in or
der to give "boodlers" an opportunity to
earn corrupt money.
Following is the Beasley resolution,
which Secretary Griffin and Attorney
General Michener refused to obey:
Whereas. On The Goth day of January. 1917,
the general assembly of the state of Indiana
granted to The Terre Hsute Il Richmond
railroad COMPANY" a charter giving said cor
pOration the power TO construct single or
double track railroad commencing at some
point on the western line of the state Of Indi-
ana and running eastwardly through 1crre
Haute. Greencastle and indianapolis to Rich
mond; and,
Whereas, Said railroad was constructed from
certain point On the western line OF Indiana,
eastwardly through Terre Haute and Green
castle TO indianapolis Under the privileges
granted by said charter; and Ivy an act OF the
general assembly OF January 20, 1901, the name
OF said corporation was changed 10 the Terre
Haute ana indianapolis railroad company; and
Whereas. BY the terms and provisions oil
said charter said corporation was to pay 70 the
state OF Indiana for the use OF the common
schools n certain per cent of the surplus prot
its OF said corporation provided in said
charter rs follows tO-wlt:
Sec. 23 That when the aggregate amount OF
dividends declared shall amount to the full
sum invested and 10 per cent per annum
thereon the legislature may so regulate the
lS IN .ffrhf fhaf 81 han
cent. per annum shall be divided on the capital
employed, snd the surplus profits II any, after
paying the expenses and reserving such pro-
portion as may be necessary for future con-
tingences, shall be paid over to the treasurer
OF : ate Tor the use OF common schools, hut the
corporation shall not be compelled by them
to reduce The tolls and freiChts that the
dividend OF 10 per cent. per annum cannot be
made, and il shall be the duty OF the corpora
ton to furnish the legislature, if required,
with q correct statement oi t.,e aa.0un; OF eX-
pendtures and the amount Of profits after de-
ductng all expenses, which statement shall be
made under the oath OF the officer whose duty
it shall be to make the same; aud,
Whereas, No statement has been rendered
by SAID corporation TO the legislature, or to the
state of Indiana, of the amount OF expendi-
lures and the amount OF profits after deductlng
all expenses, now, therefore. be it
Resolved by the house of representatives
the senate coneGrring, That the Terre Haute &
Indianapolis railroad company he and is here
by required tn furnish the legislature with
correct statement on or before the first day OF
May, 1889, under oath by the proper officer, of
the amount of receipts and the amount of its
expenditures, and the amount of its profits
alter aeducting ali expenses, to be filed with
the auditor OF state.
Resolved, That the secretary OF state shall
and he is hereby directed to forthwith serve a
certified copy OF these resolutions on the presi-
dent or secretary of the said Terre Haute d
indianapolis railroad company.
Resolved further, That the attorney-genera!
be and he is hereby instructed TO bring such
suit or suits may be necessary TO secure the
moneys that may be due the state by reason of
the premises.