The Indianapolis journal., 1897-04-17

stands. / contend that the court is at full
liberty In considering this question. and
that 1T cannot be interposed that here is a
subject TO which general legislation is not
applicable. That suggestion can only be
made when the Legislature passes a spe-
%ho eiai act relating to particuia; .Is topic.
and under their constitutional obligation TO
judge of this matter. have said that the
creation and regulation of street railways
in the State of Indiana is subject as to
which a general law may be made applica-
bic. 1t stands so here. before this court,
and ii cannot be contended that ii is
case for special legislation The Legisla-
ture of Indiana has attempted in every
case where it has endeavored TO amend that
law TO use the form of general legislation.
There is nothing in any of these amend
mentS that can be construed to be a legis
lative declaration that this subject may not
be dealt with by general law. The Legis-
lature has attempt I'd to deal with 1t by
classification, not by special law intended
to be such. | repeat the declaration, and
ask your Honor's serious attention to it,
that this is a case where. under Section %,
the Legislature has declared that general
legislation is applicable. and that it has
never passed any law relating to street
railway companies that did not continue to
express the belief that it should be acted
suburban railways. 1t is that in cities that,
by the last preceding census. have 100000
population-they have passed this particu-
having a population of 100000 or more, by
the census of 1S90-SO that the Legislature
has attempted to deal all along with
this as a subject that capable
of general legislation. and has attempted to
introduce classification. If they had in
tended to deal specially with this subject:
they would have said that in the city of
Indianapolis the street-car fare would be
cents. If they had intended to deal with it
specially in the suburban railway act they
would have specified suburban railways en-
tering the city of Indianapolis But they
have attempted to use the doctrine of
legislation. So that | say again. that the
Legislature of Indiana has declared that
the matter of creating street-car corpora
tionS and regulating and managing them
is one that may be dealt with by general
law.
POWER TO REPEAL.
1 want to say word or two more upon
this power to amend or repeal. Unless the
power to amend or repeal is reserved either
in the act itself or in the Constitution-and
we have no such reservation in the Consti-
tution-it becomes a permanent and per-
petual contract, and the State can no more
alter or change 1t that can the corporation
itself. The power to amend or repeal is re-
served here. How? In a general law. The
power reserved is that the Legislature re-
serve the power to amend or repeal this
act. When the Legislature had declared by
passing this law that it was a subject capa-
BILE of being dealt with by general law, and
had dealt with 1T by general law and had
that law, is not the power reserved dis
tinctly TO amend or repeal a general law,
and not by special legislation? The two
things, from contract point of view are
widely different. In the case before Judge
Woods and Judge Baker we said that the
Legislature had the. power to repeal or
amend this act, and the question was
asked. Where is your guarantee of life?
My answer was. 1T is in the fact that no
favoritism can be used against us; that no
nySterla or spite can lead Legislature TO
special legislation n g 10
tion, but whatever they do to they must
do TO all the corporations of the State; there
is our guarantee and strength" There /
stand ~ TO-DAY, saying that the reservation of
repeal or amendment was a reservation TO
deal with us upon the principles of general
special legislation. Right here / pre-
sent federal question There were two
methods of dealing with this question. One
vas TO give the Citizens Street-railroad
Company of indianapolis a special charter.
and reserve the right to amend or repeal
! ton specially. Another was to hold that
this was a subject of general legislation
under the Constitution and to reserve the
same power in a general railroad law of
this State, to amend or repeal by general
legislation. 1t is thing to let the Leg
islature have the power to terminate the
corporate life OF this company by special
act; II is quite another as to its value as
contract privilege. to let the Legislature
nave the power to annul the charters OF all
the street railways in the State of Indiana
| Then the attention of all the members of
the Legislature is challenged to this mat
ter. otherwise ii may be simply Influenced
by local pressure, or local considerations
stand with confidence upon the sugges-
| ton that we had under that general law a
charter, and that the Legislature can ONLY
amend or repeal ii in the same way that il
gave il, by general legislation. II seems to
me that the position is impregnable. In
diana Is a great railroad State Millions of
| capital are invested in its steam railways
| They are organized under a general law.
which Is subject 10 repeal or amendment
| The whole security of these corporate in
| vestments is that they are defended against
| favoritisnn, by the fact that they cannot be
| touched in their corporate life unless the
| whole class of corporations is touched
| do not deprive the Legislature of power
| Let il reconsider the question whether this
| Is subject for general or special legisla-
| ton. Let il repeal the law of 1861 let ii
end all corporations under IL and start
again upon a revised conclusion that these
| things are to be dealt with by special laws.
| But IL cannot be dealt win IN both ways
| Either the general law the special
| amendment must be rejected, and the gen
| eral course Of the courts would be to sus-
| tain the law and reject the unconstitutional
| amendment.
THE 1897 AMENDMENT
i come to this amendment itself 1t is
that in all cities having population of a
! hundred thousand or more, by the census
| OF 1890. Scent fares should prevail. 1 do
not controvert at all. the proposition upon
which Mr.. Curtis labored a good deal, that