The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-26
Attorney General Submits n Report
Reviewing the Matter. Together
with n Bill and Resolution.
BOTH HOUSES ACT QUICKLY
BILL EASILY PASSED UNDER SUS-
PENSION OF L.
1t Requires N Complete Accounting
Only One Vote Against It-ResO-
luton Also Adopted.

The Vandalia matter was disposed of for
the present by the Legislature yesterday
with no further friction. The attorney gem
eral delivered his report TO the House, and
with it a bill requiring the company to
make to him a detailed report of its opera
tions under the special charter by Feb. 9,
and a resolution for a Joint ami TO
investigate and suggest such further legis-
lation as is necessary. The bill passed both
houses under suspension of the rules, and
the resolution passed the House without
opposition, but has not yet come up for &C
ton in the Senate.
The attorney general was present when
the House convened and handed to the
speaker a batch of papers. He had pre-
pared a report of some length upon the
status of the claim, set ing forth the section
of the charter under which the company
operated from 1S47 to 1873, abiding briefly TO
the litigation on the subject. He said the
suit instituted i'm Putnam county and trans
ferred to Owen had ended in the dismissal
of the jury at 4 O'Clock in the morning,
when it stood eleven 10 one against the
company. and that the company had won in
the Marion county suit because the Legis-
lature had not proceeded properly by first
obtaining a sworn statement of the ac-
counts of the ompany He advised the
immediate passage Of a bill requiring the
company to file a full statement of it's op-
erations during the period that it operated
under a special charter in his Office not
later than Feb. 8. and the adoption of a
resolution providing for a to in
v%estigate and suggest such further leSisla-
ton as might be necessary TO authorize the
institution of legal proceedings to recover
the amount of the States claim if any
should be found TO exist.
ATTORNEY GENERALS REPORT.
The report handed down by the
speaker the first thing. 1t is as follows:
On the 18th day OF January, 1s47, by the
act of the General Assembly of the State of
Indiana, q charter was granted to the Terre
Haute q Richmond Railroad Company,
which appears on Page s2 Of the local laws
for that session. But one section thereof,
as it appears to me, is of any Importance
in connection with this question at this
time, and that is Section %, which reads as
follows: 20
THAT when the aggregate amount of div
idendS declared shall amount 10 the full
sum invested and ~, per centum thereon,
the Legislature may so regulate the tolls
and freights that not more than L. per
CCllull DCI dllllull Via DC III iAiV
capital employed, and the surplus profits, IL
any, after paying the expenses and receiv-
ing such proportions as may be necessary
for future contingencies snail be palq over
mon schools, but the corporation shall not
be compelled by law 20 reduce the tolls ana
freights so that a dividend OF 10 per centunl
per annum cannot be made, and ii shall he
the duty of the corporation TO furnish the
Legislature. If required, with a correct
statement of the amount of expenditures
and the amount of profits after deducting
all expenses. which statement shall be made
under the oath of the officer Whose duty II
shall be to make the same
Section 80 reserved to the State very i'm
portant rights, but il was repealed on the
10th of February, 1SiS, and, so far as 1
know, there is no claim TO any right on the
part of the State except as IL may arise I'M
der Section %. L do not. know of any efforts
that were made to call attention to or en-
this section. until the session in 1863. when
"A resolution looking in that direction was
introduced by the late Judge. Hughes, of
Mon <Je county. There, seems to nave been
a very bitter and acrirpinoUs discussion over
il. but the resolution failed OF Its passage.
AT some time prior to 1913 quo warranto
proceedings were instituted in Putnam,
county to forfeit the charter upon various
charges gravely affecting its conduct. and
upon this u change of venue was granted TO
owen county. This case was at one time
submitted TO a jury, the evidence heard and
the jury discharged, as-I am told. at about
4 o'clock in the morninS, when they stood
eleven for the State and one FOR the de-
This proceeding was had under the law
which requires the prosecution upon the in
formation of the prosecuting attorney and
l know of no record of that suit in this
office, and believe tbatst there is none.
MARION COUNTY SUIT.
Thereafter at the meeting of the Genera
Assembly in 1873. a joint resolution was
passed 0Acts of 1873. p. 245, Sec. Il. Burns's
Rev.. authorizing the attorney general to
take charge of such proceedings and pro-
viding the manner in which the suits might
be dismissed. adjusted or settled, under the
direction of the Governor and lieutenant
governor. 1 think it is 2 matter of current
history that this joint resolution was pre-
pared and passed specially with reference
to the litigation against the Terre Haute
road. BY virtue of the authority con-
tanned therein the QUO swarranto proceed.
ings were dismissed and a suit was filed in
the Superior Court of Marion county, In
diana. The State was. represented IN thai
litigation by Hon. w. r. Harrison. Solomon
Claypool. a former attorney general. James
G. Denny. and the then attorney general
Mr.. Buskirk. l have a copy of the com
plant which | have taken from the papers
on file i'm the Supreme Court and vii
furnish il to the House If desired.
BY an opinion in the daily papers. a copy
of which L have and viii furnish to the
House if desired, the Superior Court judges
Blair, Newcomb and Perkins sitting, sus'
tanned the demurrer. and Judgment wa;
rendered in favor OF the defendant. Whlcf
was afterwards affirmed by an opinion re
ported in "a Ind. at p. 291- In the opintoI
among other things ii Is stated that {
quote from the opinion): The Legislature
did not proceed in the manner prescribed
by the 23d section. that is, by hrst calling
for a sworn statement OF the amount o
profits and expenditures and expenses. ant
she cannot excuse herself from acting II
the mode prescribed by the charter by
showing that she pursued other ana dlifer
ent means that proved Intellectual.
In 1891 Mr.. Cullop introduced House bill
No. ,26 upon this subject. which passed tn
House and in the Senate was referred 4
the omnitte on education, which re
ported thereon. the report being found a
Page 1928 of the Senate Journal OF tina
year. The bill itself did not pass and Is tn
only one, of all the joint resolutions or bill
On the subject of the relation OF the Teri
Haute road to the State which did not pas
and that remains on file with the librarian
In 1898 "A bill was introduced by Mr.. Pas
sage, which was referred to the committe
on railroads. but the bill got no further.
have understood that that was a very care
fully prepared bill and have diligently en-
deaVored to get a copy of IL. bat have bee
unable to do so. The then chairman OF tn
committee on railroads denies having II
the then librarian made a note that IN
bill never came to his hands, and the au
thor OF the bill says ne never saw il afte
IL was referred to the committee on rail
roads. II would seem that possibly specia
effort has been made in the various session
of the General Assembly 10 prevent the bi
drawn for the purpose OF directing suit I
be instituted against the road from gettin
beyond the special committee 10 which
was referred.
In 1889 a concurrent resolution was in
troduced directing the secretary or state [
forthwith serve a certified copy or the reso
buttons on the president or secretary OF IN
company. (See Acts of -, Page 450)