The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-11-27
aintod with its s,.hatancn he sid:

4 ~ not care 10 express an Opinion uDou
what the Attorney-general may have said
until / have had time to carefully read the
opinion, but, If IL is as stated by you, L
cannot agree with the Attorney-general In
the conclusion he has arrived at. Through
the late law passed by the Legislature or
lSsl. requiring all articles of incorpora-
ton TO be filed in the Office of the Secretary
OF State, / cannot believe that any asSo-
citation is legally authorized TO carry on
business until this requirement has been
complied with. The mere fling of articles
with the recorder of a county. while at one
time may have been all that was necessary,
under the law referred to Is insuthcient.
Besides, the law increasing the fees for
filing articles of association has made the
Secretary of States Office a source OF rev.
enue TO the State, ana as these fees are
based upon the amount of capital stock,
i believe II TO be the duty Of the Secretary
reservations of the amount of capital stock
as given are correct. II the Secretary or
State believes that the amount of capital
stock is not fully or correctly given ne mas
the ~undoubted right to cause them TO salts
fy him on that point. Through my advice
the Secretary OF State, having reason as
well as myself to believe that the capital
stock named by The Roby Athletic Club
was not correctly given, refused to issue a
certificate OF Incorporation until each or
the ~incOrporators filed with him an affidavit
stating that this was the full and correct
amount. IF il was not correctly given, the
state was being cheated OUT OF Tees thaI
properly belonged 10 it. After fully inveStl-
eating the facts concerning this new lncor-
poration L am OF the opinion that 1t is the
old Athletic Club that has given
the State so much trouble through willful
and organized attempt 10 violate the laws
of the State. That this old club is seeking
TO operate under a new name Is my belief,
and L believe the stockholders OF the OLD
club are the principals and only stockholders
of the new club, and that the incorporators
of the new club claiming to be citizens or
this state, il interested at all in its manage
ment, or having any money directly in
vested in Ii, such interest is a mere tribe
and only for the purpose Of lulling suspi-
cion as to their intentions. The fact is, the
profits arising through this outrageous Vlo-
latiOn Of our laws are extremely large,
and Of course they dislike to relilquish their
hold upon them. At the head OF this club,
and as its chief i~nstigator, is a man bold
and INSCRIPTIONS, who has been punished
for crimes both in the States OF ONO ana
Louisiana: tie hesitates not TO break the
laws OF Indiana nor to draw citizens or
our state into the same clllculty. 1 viii
not believe that this association or any
other is legally Incorporated until 1t has
filed its articles with the Secretary of state
as required by law, and l Will advise ana
insist that the Secretary of State shall issue
no certificate of Incorporation or legalize this
concern until he is satisfied by their ain,
davitS that they are not seeking to defraud
the State. If the opinion rendered by the
Attorney-general is as you state, / regret
that he, as a State officer, gives them any
excuse TO continue their unlawful brutal,
wicked and outrageous business. In despite
of all such opinions or encouragement they
may receive, L will continue to interfere
and, if in nay power, prevent the operation
of this club. i. of course, have no desire
and no intention to go beyond the limits of
the law, but so far as that 1 will go. This
new alleged club Will have no
legal existence until it holds in its posses
sion the certificate of Incorporation from the
Secretary OF State. As their croWdS ana
attendance will be drawn from chicago
ard outside the State, ! believe they can be
treated as riOtOuS invaders i belieVe the
public sentiment OF Indiana viii justify a
little straining of the law TO meet Such
evils as this Roby trouble threatens Us with.
AS an officer OF the State and a detiner OF
its law, | have reason TO expect ana nope
to have the support OF the Attorney-general;
1t Will be a disappointment both 20 me ana
the people if it is not given
rs there any fund at your omman out
OF which you can paay the expense for send
Il don't know that there is any fund.
There should oe a way to mset TINS trou,
bic. The Governor OF this state mas SET
contingent fund Of 5000 a year, and out OF
this, 50 far as it viii go, the expenses viii
be paid; but, IL necessary, j believe l would
be justified in drawing upon the general
fund to meet such an emergency"
out OF what III was the expense of
sending troops to Roby last September
TT was paid out of the contingent fund"
"WaS il sufficient"
The railroad company was slow in sending
in it's vouchers for transportation. All of
them have not been received, and are not
"How many troops did you send?'
81 sent six hundred troops and a Calling
gun
The Governor followed this statement,
which for some reasons seemed slightly en-
barrassing to him, with an explanation. Re
said that the reason he sent so many was
because a less number might have invited
an encounter, while six hundred weil-armed
men would overawe all attempt at resist
ance.
Did you send them there to stop the
prize fight?'
eThey were sent there to stop the fight.
70 arrest the principals, spectators, news
paper men and all interested in the con-
test and 10, march them to the nearest
point where bail might be given, and where
they would have been put in Jail had bail
o what authority did you send these
tToopS?'
= was called upon. 1 had a talk with
Judge Gillette. and in that conversation he
stated that they were unable to cope with
the invaders. 1 said to him, Why don't
you call on me, and I'll send the troops"
and he did So"
The Governor did not state. however, that
along about this time Judge Gillette was
required TO put his request in writing and
submit it to him in that form. Neither did
he say anything about the Judges demand
being for assistance TO enforce the order
OF the court. which had placed the property
Of the Columbian Athletic Club in the hands
Of a receiver, with instructions to close its
doors pending the decision of the court in
the recefvership case. The reasons why
the Governor suppressed this bit Of import
ant news is food for speculation. lt is
stated that the Governor in this instance,
being, as re had been, prodded in public
prints and otherwise probed about the
Roby plague. was a little anxious to pose
as q bold. daring. GaJling-gun Governor,
who would stop prize fighting and save the
proud State Of Indiana from disgrace even
though he were forced to yield w his royal
person in the enterprise and head the
troops himself. II Is rather painful to rob
the Governor Of this innocent romantic
vestment in which he was pleased to clOthe
himself. bat. after al, il seems he stepped
carefully and securely on the safer side.
aud has not once exposed his person TO any
legal dangers in his enthusiasm for the
preservation Of the fair name of Indiana.