The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-02-28
JOSS RAILROAD BILL VETOED.
Governor Durbin Returns 1t to the
Senate-A Parliamentary Tangle.

Senate-A parliamentary IanSie.
Governor Durbin yesterday exercised his
prerogative and vetoed the Joss railroad
consolidation bill. The bill was returned to
the Senate, the house in which 1T origi-
mated, together with the Governors objec-
tions. by his private secretary. Governor
Durbin's objections to the bill, as set out
in the message to the Senate, are as fol-
lows:
with all due Difference to the expressed
judgment of the General Assembly, feel
that it is my duty to dlsapprove senate
bill No. 20, and L therefore return lt with
my objections thereto.
II do not find any grounds of objection
in that part of the bill that provides Tor
the consolidation of railroads. because the
consolidating company would be domes-
tic corporation the same as the constltuent
company which was originally organized
under the laws Of this State. And the gen.
eral plan of the consolidation might be Of
advantage TO the public in affording econo-
mics in the management, operation ana IN
creased facilities in transportation
But in that part of the bill which pro-
vides for the requirement of the property
and franchises of a domestic corporation
by foreign corporation by means OF pur-
chase, lease or control, / find serious
grounds of objection. In the first place,
the sixth section of the BILL so far from
preventing the foreign corporation which
acquires the property and franchises or a
domestic corporation from removing cases
begun by citizens of our State against 1t
in our own state courts into the federal
courts, in reality is so worded as TO guar
antee to such foreign corporation the right
of removal. Particularly to citizens In re-
mote parts of our State it is a matter of
great hardship, inconvenience and expense
to be compelled to assert their rights
against railroad companies at a court one
hundred miles or more from their residence
and the residence of witnesses. L feel that
the railroad companies which have received
their franchises from our State, and which
are now compelled to answer and try COM
plants in our local state courts, should not
be put In position to compel SultorS TO go
TO the federal courts at the option of the
railroad company.
Furthermore, the bill is Objectionable
in that il contains no provision by which
the State reserves the right to alter. amend
or repeal the law, as the future interests
of the State may require in the judgment
stands, If 1t were to become law, every
foreign corporation which acquired the
property and franchises of a domestic cor
poration by means of purchase, lease or
contract, made in pursuance OF the provi-
sions of this bill, would at once acquire a
vested property right which. under our
state Constitution and the federal Consti-
tuition, could not be taken away or dimin-
ished by the State thereafter.
again, i find in Section a provision for
the valuation of the transfer of the prop
erty and franchises of a domestic corpora
ton TO a foreign corporation by an indi-
vidual who acquired the property and
franchises OF such domestic corporation by
purchase at foreclosure sale or otherwise
In my opinion the State should not surren-
der it's rights against railroad corporations
which hold the properly and claim the
right to enjoy the franchises of a domestic
corporation only by virtue of certificat e
of purchase at foreclosure sale. The
State should reserve, and, II need be, exer-
else its right to inquire into the authority
of any such foreign corporation to enjoy
the franchises of domestic corporation
and at the same time to remove cases
against it from our local courts into the
| federal courts on the ground that it is a
| foreign corporation
SENATOR JOSS TALKS.
| When asked what future disposition
| would be made of the bill Senator JOS.
| said that he was unable at the presen
| time to say any thing about it. He had in
| troduced the bill by request. he said, anC
had not had time TO consult with its au
| thors. He thought, however, that the bill
would not be reintroduced, as he believed
| it would be impossible to pass it over tn,
Governors veto.
| The whole of the afternoon session wa
| taken up with Senate bills on third reading
| a total of eighteen bills being passed with
| out discussion. Among the bills which wer
/ favorably considered was the South Benz
| charter bill, introduced by Senator Burns
which was passed by a vote of 2S to IL
/ The Democrats voted solidly against tn
| passage OF the bill. Senator Woods values
| pCllcy Dill Was c34leC up ICf us las
| reading, but. on motion, was made a spe
| cial order Of business for to-day at 10 a N
For the first time since the Legislator
/ convened a member OF the minority sid
| of the Senate was yesterday called TO tn
! chair during the temporary absence .
| President Gilbert and strangely coincidenta
| with this there arose the most complicate
| wrangle over technical points in parlimen
| tary law that has occurred during the SEES
| sion. The greatest interest was NANTES
| during the controversy by the lobby an
galleries and the scenes on the floor boz
+! dered on the turbulent several times.
| Senator lnman, the leader OF the Demo
| cratic side OF the body. had been called I
the chair by President Gilbert, and he wa
| having smooth sailing until Senator Wood
bill, which allows 20 per cent. of a man
| wages to be garnisheed for indebtedness.
| was reported upon by the judiciary com
| mittee.' The majority Of the committee rec
| commended that the measure be indefinite
| ly postponed and the minority favored IL
| passage. IT was apparent 20 most of TN
| members that the bill was of unusual I'm
| portance, and there was prolonged dis
| cussion OF its various features. Senate
| Wood taking the lead in It's support. Ser
ator Ball being the most conspicuous
the opposition. Seeing that there was
probability OF the debate being proloage
indefinitely. Senator Thompson moved tn
previous question. and Il prevailed. TIL
4 a11oG NIT ffI1 n