The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-02-04
A SHAMEFUL HISTORY.
The State Robbed by a
Railroad Company.
ScandalOus Methods of a
Great Corporation,
Which Today Owes Indi-
ana Several Millions.
How 1t Has Managed to
Avoid Payment.
Judges, Juries and Legislators
Have Served It.
Action Taken by the General
Assembly TWO Years Ago.
Failure Of Hovey and Michener
to Obey Its Directions.
Failure Of HoVey and Michener
TO Obey Its Directions.
The Creature Is More Powerful Than
the Creator.

Justin Mccarthy. in his History of the
Four Georges" denies that Walpole ever
said that Every man has his price" But,
whether he did or not, there seem TO be
times in the history of every nation when
it is almost true. 1t is not, probably, the
normal condition of civilized man; but,
like cholera, sun-spots, la grippe and other
phenomena, it seems to prevail as an cpl
demic during certain periods. The United
States is now just emerging from such a
condition which, originating during the
war, has prevailed for a quarter of a cent
ury. During this period embezzlement,
fraud, corruption, forgery, perjury and
breach of trust have been rife. and the
melting of punishment to the offender has
been rare. But there are now indications
of quickening of the conscience of the
people and an awakening to the duties
and responsible tiles of citizenship. Many
gratifying evidences appear of q deter
mination TO have Justice done and send
boodlers and corruptionists to the rear.
Therefore it seems propitious time to
gather up the fag ends of anything in
which the people are interested. and
which by bribery, and fraud, and perjury,
has been kept in the background for
years, but in which the peoples rights ami
interests have not been, because they
could not be, entirely sacrificed.
With this object in view THE SENTINEL
has taken some pains TO look up the his
tory and the present status of the claim
which the state holds against the Terre
Haute & indianapolis railroad company,
in the hope that it may stimu ate the
law makers and officers of the state TO
make a thorough investigation of the
matter and a speedy and successful pros
ecution of the rights OF the state
BY a special act of the legislature of In
diana, approved Jan. 26, 1917, Chauncy
Rose, Samuel Crawford, ct al, of the
county of Vigo and state of Indiana,
and their successors in Office, were "con-
stituted body corporate and polite by
the name OF The President and Directors
OF the Terre Haute & Richmond Railroad
Company and "hy such name shall be
capable TO sue and be sued, TO plead and
unto, either in law or equity, in any court
Of competent Jurisdiction" etc.
The Original Contract.
The name OF the company was changed
by act OF the legislature in lS4S to "The
President and Directors OF the Terre
Haute x Richmond Railroad" and March
6, 1865. to The President and Directors
OF the Ierre Haute * indianapolis Rail-
road, for tire reason that the Richmond
division was abandoned on account Of
the building of the Indiana Central"
now the Panhandle" before the Terre
Haute people got ready TO occupy that
field The special act before referred to
constituted the charter Of the company,
and under il the road was built and Oper-
ated. and by its terms and conditions the
state and the company are bound for all
time, unless by mutual consent it should
be altered or abolished. That the people
may understand the rights of the state
and the matter ut issue it is necessary TO
quote few sections of this charter:
Sec. 3. When the aggregate amounto OF divi-
dends declared shall amount TO the full sum In
vested. and 10 per cent. per annum thereon
the legislature may regulate tolls and
freights that not more than 10 per cent. per an
nun snail be divided on the capital employed,
and the surplus profits, il any, after paying ex-
be necessary for future contingencies, shall be
paid over to the treasurer of state for the use
of the common schools.
Sec. 50. The corporation shall cause 10 be
kept a tair record ol the whole expense of max
ing and repairing said railroad. and of each
section thereof with all incidental expenses
and also fair account OF the tolls received;
and the state shall have the right to purchase
the stock Of said company at any time after
twenty five years by paying to said corporation
vi xrrfh he oil
received, shall equal the cost and expenses of
said railroad as Aforesaid, with an interest of 10
per cent per annum; and the books of said
company shall always be open for the inspec-
ton Of any agent OF the state appointed for that
purpose by the legislature and upon any re-
fusal TO exhibit their books and accounts to
said agent upon request made TO the president,
al powers granted by this act shall cease
Sec. 80. In times Of war the state shall have
the right to transmit troops, munitions and pro-
visions Tree OF toll.
That the conditions provided for in sec
ton % have long since arisen and that the
company owes the school fund OF the state
several millions OF dollars there is not a
particle OF doubt in the mind of any one
who has paid the slightest attention to the
matter. If there were room for doubt
otherwise it would be at once dissipated
by the money the company has expended
and the means it has resorted TO TO pre-
vent investigation by the state.
The matter was first brought to the at
tention of Attorney-General Williamson
soon after the close of the war, and he
brought suit against the company for
money due and unpaid; but afterward
Withdrew it. and reported to the iegisla-
ture that no such suit could be maintained
without further legislation, and that the
only remedy of the state was by quo war
Tanto TO arrest the charter. Committees