The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-26

the extraordinary efforts that seem to have
been made in ORDER to prevent the posi-
can have no persona knowi edge whatever
on the subject. | have always believed that
the interest of the State required it tha
the question of the liability of the railroad
company 10 the State ought to be judicially
investigated and that it should be de
any liability. and If so, IL should be EN-
forced. if possible, and il not an end put
10 the contention.
MUST BE PRESSED NOW.
Recently the Vandalia road. the successor
of the Terre Haute & Richmond road, has
gone into the hands Of a receiver. and it is
altogether probable that before the next
General Assembly of the State shall con-
vene the receivership will be determined,
and, therefore,, it Will be too late for the
State to make any claim anywhere, so that
unless something is done by this General
Assembly practically the claim of the State
viii be lost.
In the complaint heretofore referred 10 ii
is alleged in the first and second para
graphs mat there was due 10 the state u
miiIon and a half OF dollars; In the tnlrd
paragraph IT is alleged mat Ihere was one
nunQred thousand dollars que 10 the Stdie
Tor moneys lllegaiiy emanded ana re-
ceIved for the transportation OF troops and
munitions OF war. AS TO the third para
graph. 1 think the adjudication Is proDaDiy
ii complete oar; as 10 the nrSt ana SecOnu
paragraphs, L tnlnk II pTODdDle THAT the
adjudication is a bar 10 any further action
unIesS the General Assembly shah, by an
tecedenJ legislation, make a case dlIferent
from the one presented then and 10 do that
successfully, will require the exercise or
wise legislative discretion. 1t viii be OBJ
served that Section - provides that the
Legislature may SO reguiate the tolis and
IreIgntS, after the aggregate amount OF div
ldendS declared mas amounted TO the 1uli
sum invested and 10 per cent. per annum
thereon. that not more than 10 per cent. per
annlm shall he divided on the caDlIai en-
ployed ana the surplus proltS, after pay
ing the expenses and reservlng such pro-
portion as may be necessary for future con-
Ilngencies, shall be paid over TO the treas
urer of state for the use of common scnools,
ana that il shall be the duty OF the corpora
ton 10 furnish the Legislature, IL required,
with an accurat statement, under oath OF
the officer whose duty II is to make il, OF
the amount OF expenditures and the amount
OF profits after deducting all expenses.
If the road was still operating under this
charter II would not be SO dilncult 10 pre-
pare a sufficient bill to cover the require
ments OF this section as pointed out by the
court in the opinion TO which l have re-
ferred, but on the 18th OF January, 1873, by
a resolution of its board of directors, lied
with the secretary of state on the nth OF
January. the ~Oad accepted the terms and
provisions of the general railroad law, ana
since that time, as / am informed, has not
operated or claimed TO operate under its
special charter, and this, as ii seems to me,
has greatly increased the difficulty OF the
situation.
L 40 IOl lnllh tndI 1t Is possible WltTln
the limited time that this General Assembly
will be in session, for it, by a committee or
otherwise. to investigate the accounts OF
the Terre Haute road from the time it be-
gan operations until it accepted the genera
railroad act, to determine with accuracy OF
precision what the receipts and expendi-
lures have been. The utmost that can be
done. as IL seems to me. is to provide by
law for the demand referred TO in Section
%. and thereafter to provide by law for the
institution of a suit to collect whatever
amount NAV he due the State Rnf SIph 1p-
ton will require careful consideration by
the General Assembly and the preparation
or laws Will be sufficient to protect and
authorize the enforcement of the rights OF
the State. In such work or in any work il
may be the pleasure of either house of the
General Assembly to require of me it will
be my duty and pleasure TO cooperate bat
/ doubt whether this work can be as wisely
and satisfactorily performed by the separ-
ate action of either house as by careful and
diligent work in committees carefully Sc.
lected with reference to their familiarity
with such matters.
THE RECOMMENDATIONS
With special reference to the resolution
that 1 should make such recommendation
for the best interest of the State as
should deem best. 1 recommend,
l. That a law be passed (as a condition
precedent for the institution of such legis.
lation as the General Assembly may here
after direct. requiring the corporation tc
furnish the General Assembly with a cor.
rect statement OF the amounts OF eXDondi
lures and the amounts of profits after de.
Quoting the expenses, from the time OF
the incorporation of said company unit
the 18th of January. 1873, as authorized by
Section %. and l submit herewith a biz foI
an act for that purpose for the considera.
ton of the House or reference TO the proper
committee.
2. That a special committee either of the
House or a joint committee. to be selected
from the best legal talent obtainable ir
either house, shall be appointed by con.
| current resolution or nthG PyySSn m rrNfol
committee | suggest that the speaker shall
be eX-officio chairman, to carefully prepar,
a Dill authorizing a demand upon the rail,
road ompany for an accounting and pro
ceedings I'm court to enforce that demand il
not acceded to.
While it is somewhat unusual to call upor
the speaker for such extraordinary serv
ices. L submit that, with reference TO the
Importance of this matter (and there will
be lew II any matters coming before thi.
General Assembly as important as this). i
is proper that the chairman of the commit
tee, II 1T be a joint one, should be the
speaker of the house.
L regret TO notice in the newspapers in
dications of a possible feeling between tn,
two houses over the method OF procedure
No steps whatever can be taken to pro
tect or enforce the rights of the Stat,
without the action of each house. 1t i
obvious to all that for the last thirty wear.
III one way or another action by the Leg
islative department of the State of Indian;
has been prevented when it would hay,
seemed impossible that such action coul,
nave DCtn prevented. inns Genera AS
scmbly, in the efforts that will be brough
TO bear upon 1t to prevent anything bein,
done. will find that it is no exception to tn,
general rule, and if it is found possible, b,
urging either house. that the proceeding
in the other house is not as desirable a.
the measure proposed in the one. the spiri
OF rivalry can be created and fostered il
hat connection. with all the other infu
ences that may be called upon. ii might b
regarded as possibly e-ndangering the sue
cess of 2ny well-defined effort to accom-
plish what undoubtedly the majority il
both houses will be anxious TO accom-
plish.
The particular method of procedure b
either or both houses is not SO importan
as that something shall be done. and / be-
to urge that hearty cooperation between
the two houses 10 adopt that much-neede
legislation, without which nothing can b
done.
The RiIl Passed.
The report was received and the bill sub
mitted along with ii was introduced by NJ
Spooner and passed under suspension of tn
rules without opposition. 1t is as follows
Whereas, BY Section % of an act of th
General Assembly of the State of Indiana
entitled an Act TO incorporate the Teri
Haute & Rich mond Railroad Company.
approved Jan. IS. 1Si1, IL is provided amen
other things that the surplus profits of sal
road in certain contingencies shall be pal
over to the treasurer of state for the us
OF common schools. and that it shall be til
duty of said corporation to furnish the Les
i~slature, if required. with a correct stat,
ment of the amount of expenditures and til
amount of profits after deducting all es
penSes; which statement shall be made III
der the oath of the officer whose duty
shall be to make the same; and
Whereas. 1t has been made known to tn
General Assembly that a large amount {
money is due to the State of Indiana for III