The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-13
Among the Bills Vetoed Was the One
Appropriating 5000 to Cap
tain MuIIen's Guard.
FORT WAYNE BILL DISAPPRovED
1T AMENDED THE STREET IMPROVE
MENT LAW OF THAT L
Governor Durbin Also Signed Several
senate and House BiiIs-Leg-
isIatOrs Paid.

Governor Durbin yesterday disposed of
the greater part of the bills that still re-
NAMED on his desk after the adjournment
of the Legislature. When he came down
to mis- office yesterday morning he started
In with "a determination to clean UP all
that remained Of the legislative work be-
fore he departed for Anderson in the even
ing. but a constant stream of visitors in
terfered to prevent him from carrying out
his purpose. and when he left the Office
last night there we're still eight bills upen
which he had taken no action.
Out of twenty bills passed upon yesterday
five were returned to the secretary of state
with the Governors veto. and four without
mis- signature. The remainder were signed
with the Governors approval.
Among the bills that were vetoed was
Senate bill No. 25l, appropriating $1,000
for the paymen of officers and enlisted
men of Capt. John Mullen's company, who
served as home guards in the State of In
diana during the civil war. In his disap-
prevail of the bill the Governor says:
THE BILL VETOED.
'My objections TO this bill are based on
constitutional grounds. The Constitution
of the State provides as follows: Provision
may be made by general law for bringing
suit against the State as to all liabilities
originating after the adoption of this Con-
stitution. but no special act authorizing
such suit to be brought, or making COM
pensatiOn TO any person claiming damages
against the State. shall ever be passed
1T also provides that in all cases where
a general law can be made applicable, all
laws shall be general and of uniform OPP
Grafton throughout the State 1t also pro-
vides that the General Assembly shall not
grant to any citizen or class of citizens
privileges or immunities which, upon the
same terms. shall not equally belong to all
citizens IL is a matter of history that a
very large number of companies were or
ganized at different times i'm different To-
calties in Indiana during the civil war as
home guards, which required service i'm de-
Tending the State against the Morgan raid
ers and in preserving the peace and quiet.
III any or the men who served in these COM
panies should be compensated by the State,
IN common justice all of them should be
compensated alike. 1t is not only unjust,
but against the spirit and the letter OF the
Constitution TO select and prefer one cOm-
pany out OF all the soldiers who faithfully
served their State at home during the civil
war, TO be compensated, and to make no
provision whatever for others equally de-
serving.
with the requirements of the Constitution
1870 $500 ~ taAAA2 III nc W III
clsm as class legislation. No one could be
more reluctant than l TO see the meager
compensation provided for the soldier with
held, but IL would seem to me that until the
State Is prepared 10 do full and exact JUS
tice to all who served in the same cause it
would be wrong, even were it not ,uncOnsti-
tutlondl, TO single out as a favored class
from among so many equally deserving a
single company TO be compensated for it's
services.
"A law has been enacted at this session
the nlrpOSp of which &c m nroorrra axoot in
formation as to the services rendered and
the pay received by Indiana soldiers during
the civil war, to be furnished in time for
the next session of the General Assembly.
In my judgment il would be wiser TO wait
until full Information as to the whole mat
ter is at hand before any action is taken"
NATURAL GAS WELLS.
The Governor also vetoed House bill No.
AGO. which provides for the plugging of
abandoned natural gas and oil wells. OF
this bill he says:
The present statute respecting the plug
glng OF gas and oil wells has been i'm force
since 1893. 1t has been construed and up-
held, not only by the Supreme Court of
Indiana, but by the Supreme Court of the
United States. The present statutes not
only provide that gas and oil wells that
have been abandoned shall be plugged, but
also, If such wells are not operated for
utilizing the flow of gas or oil therefrom,
or II there is a cessation of use, hey
nus x BaA66t lIl0 I'LL GlllIllIlalGE THESE
clauses in the act of 1893. These provisions
should be I'm the law. as it would be ex-
ceedingly difficult when a well was aban-
dOned, because abandonment is always a
matter of intention. On the contrary. it is
easy to prove when a we'll has ceased to
be operated. After long litigation and
much expense the courts have sustained the
right TO prevent gas from being wasted.
Great industries of the State, with thou
sands Of labOrers employed therein. are of
too great interest TO the public TO lessen
any restrictions against the waste of nat
ural gas. Every safeguard should be thrown
around the use and preservation of natural
gas"
FIRE ESCAPES.
In his disapproval of House bill No. 500,
concerning fire escapes. the Governor says:
1.-The title of this bill is to amend the
act providing for the protection of the pub
lie from tires, etc, approved March 6, 1899.
The body of the bill does not propose to
amend any law, but, on the contrary, 1T is
an individual bill and would become an in
dividual law If approved. The last section
of the bill expressly repeats the act of
March 6, 1899. Therefore, since the title of
the act provides for the amendment of the
act of March 8. 1899. and the body of the
act provides for the repeal of that same
law thus to be amended, the bill must
necessarily fail. because an act cannot be
amended and then repealed in the same
bill. The title and body of the act are
| utterly inconsistent with each other. and,
for this reason. the bill is disapproved.."
STREET IMPROVEMENT LAWS.
The Governor also vetoed Senate bill
| No. 327, which sought to amend a section
of the street Improvement law as ap-
piled to the city of Fort Wayne. He criti-
cises this bill as follows:
THE object of the amendment is To de-
prive property holders of the right 10 de-
termine the kind of material that shall
be used I'm improving the street where
two-thirds petition for the use of such
material. The mayor. City Council, chair
man of the Board of Public Works. the
city controller. and many leading citizens
Of Fort Wayne urge the veto OF this bill.
Even i'm the absence of such protests, I
could not conscientiOusly approve the
measure, for the reason that its provisions
seem TO me TO be both unwise and I'M
just"
House bill No. 100. providing for the pub
HcatiOn of a State and legislative manual.
also met with the disapproval of the Gov
ernor. He says of this bill:
The material 10 be used in the pro-
posed manual largely appears in the re-
port Of the secretary Of state and the re-
ports OF other State officers. The bill
provides for the printing of 1000 copies.
| and authorizes a reasonable compensation
TO the State librarian for compiling. edit
ing. proof reading and expense OF dis
tributiOn. This will cost the State sew
eral thousand dollars. and / do not believe
that the contained In the
manual will warrant the large expenditure
necessary To be incurred in the prepare
ton. publication and distribution thereof"
BILLS SIGNED.
The following bills were sent to the Sec
-s.E ~