davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
IMPORTANT TAX RULING.
Missouri Court Decides Case i'm
Favor of the Western Union.

KANSAS CITY, Mo-, Jan. 22-Judge
Henry. of the Circuit Court, handed down
a case of national Importance to-day when,
in a written opinion. he decided that the
State of Missouri, represented by the State
Board of Equalization, had no right to
tax the franchises of the Western Union
Telegraph Company When the State
Board of Equalization last met the West
ern Union Company turned in the valua-
ton of its assessment of actual property,
which the board practically doubled and
added the words land on all other property
sS62. 0OO' 1t was to this that objection
was made. Payment was refused, and the
State brought suit through the county col
lector.
Judge Henry, in his decision. says in
part: 1.-The principal and controlling
question in this case is whether the fran
chise of the Western Union Is taxable
under the law, the attorneys for the COM
rany contending that. inasmuch as 1t de-
rived no franchise from the State, but it's
right to place it's poles and wires on and
along the postal road OF the United States
in this State and conduct its business
over them, was derived from the govern
ment OF the United States and is a gov
ernmental agency under the act of Con-
gress, supra, the State cannot impose the
tax on the franchise
THE mere fact that a franchise is de-
rived from the government of the United
States would not. ] should think. exempt
IT. from taxation by the State in which
Ii is exercised II the franchise of the
Western Union is not taxable it must be
on the sole ground that it is a govern
mental agency, for on no other ground can
the position that Ii is nontaxable by the
State be maintained. The act of Con-
gress in 1866 gave that company all the
rights ii has in Missouri and may be re-
garded as a new and distinct charter to
the company by the government for gov
eminent purposes so far as its existence in
this State is concerned Ii is a govern
mental agency under the decisions of the
Supreme Court of the United States above
stated %
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
All of the Members Are Pleased Be-
cause the Governor Signed the
Appropriation Measure.
WOODS BILL IN THE SENATE
1T PROVOKED CONSIDERABLE DIS
CUSTOM IN THAT BODY.
House Committee Report on SPANISH
American Veterans Bill-Legfs-
Iatfve Routine.

The Indiana Legislature has now got
down to a regular grind of business and
the two houses are beginning to work with
the smoothness that comes with experience.
This is the second week the Legislature
has been in session and already number
of important matters are well along toward
final disposition. After this week both
houses will probably hold two sessions
daily 1t is found to be expedient TO hold
halliday sessions now in order that the
committees may have all afternoon in
which to do their work
The House held an unusually brief session
yesterday, but the Senate worked until
about 1890 O'Clock. The House was not In
session much over an hour, adjourning at
10 o'clock because there was no further
business that could be transacted. One of
the matters that perhaps interested the
members of both branches more than any
other was the announcement by the pre-
siding officers of both houses that they
had signed the appropriation bill. AS the
Governor also signed the bill, the members
drew their pay yesterday.
Several committee reports were made in
the House, one of which was in relation
to Spanish-American war veterans perform
ing service on the public highways. bill
introduced few days ago, exempting SOL
diers who fought In the war with Spain
from this sort of work. was reported favor
ably by the committee which had it in
charge. There was quite contest in the
House over Mr.. Kelley's drainage BILL
which, it appears, is to be made party
measure. The bill will come up next
Wednesday for final discussion.
Senator Osborne's apportionment bill was
introduced in the Senate. In that body
there was considerable discussion over the
committee reports on Senator Woods bill
admitting persons convicted of any crime
except murder, manslaughter and treason
to bail pending decision Of the Supreme
Court. The judiciary committee made two
reports on the bill. the minority being
against it. The majority report was con-
Cured in by close vote. There were also
two reports on the bill introduced by Sen
ator Harrison, providing that electrocution
shall be the legal method Of execution in
Indiana. The minority report against the
bill was adopted.
Several of the legislative committees
worked yesterday afternoon, among them
being the House elections committee,
which has decided to bring in a report
in favor of Arthur L. Cooper. who con-
tested the seat of Abraham Skidmore This
contest came from Clinton county.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
TIMELY WARNING.
Street Improvement Bills and Their
Effect on Property Owners.

To the Editor OF the indianapolis Journal:
Two years ago the Legislature. respond
ing to a general demand of the people of
this city, passed what is known as the
Strong law. The Strong law provides that
no street or alley shall be made or inn
proved at cost of more than % per cent.
of the aggregate value of the abutting
property thereon. This measure has worked
to the entire satisfaction of all parties con-
cerned, except contractors and city Of
icials. who seem to think it is their special
duty to provide jobs for contractors, no
matter at what cost to the citizens.
In addition to the protection against un-
reasonable improvements afforded by the
Strong law in outlying districts of the city,
the Supreme Court of the United States.
within the last year has decided that it IL
unlawful to assess anyone's property for
public improvement to a greater extent
than the Improvement would benefit the
property. The Supreme Court of Indiana
then followed with a decision that the
for public Improvement was in excess
of the benefits derived therefrom might
be tested in a suit to foreclose an i'm
provement lien. To circumvent the effect
of the decisions of the courts and remove
the obstruction of the Strong law, three
bills have beeen prepared and introduced
in the Legislature.
The purport of these bills is: First, the re-
peal OF the Strong law that no street
Improvement shall be made in excess of
% per cent. OF the aggregate value OF the
abutting property. Second, to provide
sham hearing before the Board of Public
Works as to whether the assessment for
any street improvement exceeds the bene-
fits TO accrue therefrom to the property
abutting thereon, and making the action
by said Board of Works on such question
final and without appeal to any court.
Third, TO take away the right TO contest
the question of benefits in a suit to fore
close an Improvement lien.
If the Legislature gives to these meas
ures the vitality of public law in their
present form, be unto the property
owners of this city. They will have about
as much show for protecting their rights
as negro down South. accused of an as
sault, would have in the hands of a mob
1t is quite possible that some judicious
amendments might be made to our present
laws governing public improvements, but
they should come from the people at large
and be fair to all parties concerned The
pending bills are not such and are all in
the interests of the contractors. Instead
of further safeguarding the property hold
err rights, they seek to take from him the
protection he now has by law. The people
of indianapolis should wake up to the
situation that confronts them and let the
Marion county delegation in the Legislature
know That they are not IN favor of these
measures. There is no time to be lost, as
these bills are now being considered by
committees in both houses of the Legis-
lature. j. II. CLAYPOOL.
indianapolis, Jan. %.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23

possible for the enforcement of the pure
food and drug statutes.
DR.. Hurry maintains that II this bill be-
comes a law II will save hundreds of thou
sands or dollars TO the State annually All
progressive States, he says. have labora-
tories under the control of the state boards
of health. every State bordering on the
State of Indiana, including Kentucky, be-
prepared by DIR. Hurry. Michigan expends
$4,000 per year 10 enforce her pure-food
laws. Ohio $780, and Wisconsin $4,000. DR..
Hurry also insists that Indiana should have
a laboratory of hygiene for pathologic and
diagnostic work which means. he says. the
doing of work absolutely necessary for the
prevention of diphtheria. typhoid fever,
scarlet fever, consumption and like dis
eases.
The bill introduced by Senator Agnew
yesterday is to legalize the warrants IS
sued by township trustees for the pay
ment of outstanding Indebtedness without
asking the permission OF the County COM
missioners. as provided for by the act
of 1899
Senator Kittinger introduced bill yes
terday to prevent the closing of county ard
municipal offices during the noon hours
or at any time when they should be kept
open for the transaction of public bust
ness. The law provides fine FOR the
violation thereof.
A bill introduced by Senator Joss pro-
vides for the appropriation of Aoo6.7S.
which is for the payment of the claim
of the Western Paving and Supply Com
pany, heretofore assigned TO Nolney W.
Foster, for paving with asphalt the streets
in front of the postoffice in this city.
XXX
Senator Keyes introduced a bill amend
ing the law providing better care for de-
pendent and abandoned children so that
it will be unlawful for any child be-
tween the ages of three and seventeen
years TO be retained as an inmate OF any
poor asylum for a longer period than sixty
days, and making II incumbent upon the
County Commissioners of the State TO
make provision for such children as will
allow compliance with the provisions of
the amendment
Senator Fortunes bill provides for the
erection of a monument over the graves
or the pioneer heroes who were massacred
at Pigeon Roost The bill has been in
troduced at former sessions and its read
ing yesterday caused considerable amuse-
inent among the senator's
BY request Senator Ogborn introduced
bill to establish a state board of forestry
and creating the office of state forester
and secretary, and fixing the salary of
the latter at s1,200 a year, with travelling
expenses not TO exceed 5000 annually. The
board is to consist of five members and
is to be appointed by the Governor.
Senator Thompson introduced a bill
which was introduced by the Indianap-
oils Wheelway League requiring the In
dianapolis Board of Park Commissioners
TO construct and maintain bicycle paths
in the various parks of the city. 1t is
believed that if this bill becomes a law
that chain Of bicycle paths will be pro-
vided, especially through Riverside Park.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23

paid into the state treasury twice year.
All this seems to be in the direction OF
paternal government. II the telegraph
business in this country were under gov
eminent control, as it is in most Euro
pean countries, there would be reason for
the business. but that is not the case.
The telegraph business in this country is
a purely private one, and until the gov
does not seem to be any more occasion
for regulating it than there is for regu-
lating the common carrier business or the
hotel business.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
A HOUSE COMMITTEE.
The One on County and Township
pu.,ues. Considers Bills.

The House committee on county and
township business met yesterday az
ternoon and disposed of large
accumulation of business. House bill NO.
"a. bv Mr. Cursor. a bill for act concern
inc the collection of taxes delinquent for
three wears or more and exceeding 500
IN amount. ETC.. was indefinitely postponed.
Mr.. GiIetts school BILL which. among
other things, establishes township libraries,
will be recommended for passage The bill
TO amend Section l of an act concerning
the taxation OF real estate, by Mr.. Nor
ton was indefinitely postponed. House bill
No "a. by Mr. Scott. an act authorizing
boards of county commissioners TO provide
an Office in courtnouSes for county asses
sors. was indefinitely postponed. House
bill No. 156. by Mr.. Miller. of Ohio and
Switzerland counties, an act regulating dls-
trict schools, was indefinitely postponed.
House bill No. 2 by Mr.. Dirkson, requir-
ing the listing of promissory notes with
township assessors, provoked two reports.
The majority will recommend Its passage
and the minority Will recommend an
amendment containing the words provid-
ed that the burden of proving any note sued
on has not been so listed by the assessor
shall be upon the defendant in any suit for
its collection
The committee will recommend for pas
curing surveyors TO file for record In the
recorders office true copies of surveys
made i'm the county. House bill No. 100. by
Mr. Harris enabling corporation 10 be or
ganized and known as Grippe Cemetery AS
ISOLATION. of German township. st. Joseph
county, will also be reported favorably.
bill regulating the holding of coroner $
inuuests in counties having less than 10000
population, introduced by Mr.. Madden. was
Indefinitely postponed.
The committee cities and towns Will
hold a meeting tomorrow 10 consider the
Ft. Wayne charter bills. Ii is the under
standing that number OF FIT. Wayne citi-
zens will be before the committee to pro-
test against the bills. Representative Lout-
TIT says he is in favor OF the Legislature
giving FIT. Wayne a charter similar 10 the
charters OF Indianapolis. Evansville and
Terre Haute. Mr.. Louttit, being a member
OF the committee on cities and towns. will
discuss this point with the other mem
bers.
The committee held a meeting yesterday
and considered several measures Mr.. Lout-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
+, The Indinnapoli. niIl..

Another meeting of the committee on az
fairs of the city Of Indianapolis was held
yesterday and some amendments were de-
cided on in relation TO the street improve
ment bills The committee will recommend
bills Nos. IS and 80 for passage. amending
the latter so that contractors shall be re-
quired to file affidavits OF completion before
the acceptance OF improvements. Bill No.
q VIII also be recommended for passage
with some amendments. One amendment
is to the effect that property owners shall
be given written and printed notice of pro-
posed Improvements thirty days before
the letting of the contract. Another amend
ment provides that property shall not be
assessed more than 25 per cent. OF the as
sessed valuation. A third amendment will
give property owners right TO appeal from
the Board of Works TO the Circuit Court.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
SENATE COMMITTEES.


the HOuse-yarious Reports.
The Senate judiciary committee, at a
meeting held yesterday afternoon. decided
TIC recommend that House bill No. 4, in
troduced by Mr.. Bonham. be indefinitely
postponed. The bill provides for the
pioyment of two extra stenographers and
five extra pages in the House. which. it is
maintained, is an absolute necessity, and
its death at the hands of the Senate COM
mittee is likely to prove a disappointment
to the lower house.
The committee also passed on a number
OF bills and this morning will make the
following report thereon: Bill No. IS, intro
duced by Senator Winfield, providing for
liens of assessments against real estate
on account of the construction of bitches,
to be indefinitely postponed
The bill of Senator Gwin (No. 49,, pro-
viding that when taxes on real estate have
been delinquent for three years or more
il may be sold to the highest bidder. viii
receive a favorable recommendation
Bill No. 81, introduced by Senator Gard,
requiring contracts for commissions on the
sale of real estate to be in writing, Will
also receive a favorable recommends ton.
Bills to legalize the incorporation of the
towns of Lynnville, Warrick county; Cen
tryville Spencer county, and Etna Green,
Kosciusko county, will be favorably recon-
mended.
The committee gave considerable time to
the consideration of Senator Agnews anti
trust insurance bill, but took no definite
action in the matter. Smiley III. Cham
bers, of this city, appeared in behalf of
the local insurance companies TO protest
against the passage of the BILL His argu-
nent was directed particularly against that
section of the bill which prohibits local
insurance companies from combining for
the purpose of establishing rates.
Hugh ID. McMullen, of Aurora, also ap-
peared before the committee in behalf OF
the bill legalizing the leasing of the &.
& o. Southwestern Railroad to the b. & O
Railroad Company. No action was taken
or the bill.
aries discussed the fee and salary bill as
prepared by the state commission again
yesterday afternoon, but, as on former oc-
casions, took action in the matter. The
committee also took up the bill limiting the
number of days that county surveyor,
county assessor and county superintendent
shall serve in any enc year and decided to
recommend that it be indefinitely post
poned.
The committee on agriculture, at meet
ing yesterday, decided TO make favorable
report on the bin introduced by Senator
Parks which provides for an increase OF
the appropriation for farmers institutes
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23

signed by Senators Harrison, Joss. Inman,
Stillwell and Lambert A vote on the
substitution of the minority report for the
majority report was carried.
A resolution was offered by Senator
Gwinn which provides for an appropvia-
ton for holding two Farmers Institutes in
FLOYD county, bat as he was out OF order.
ne afterwards withdrew IT, A resolution OF
Senator Wood requesting Congress to pass
the Dill providing against the introduce
uon and dissemination OF insect pests and
plant disease. which is now before 1t. was
adopted
A motion of Senator Johnston suspend
ing the rules and that his bill legalizing
the incorporation of the town of Alamo
be passed was carried and the bill was
afterwards passed
At this point President Gilbert an
nounced that he had signed house enrolled
Act No. j. the appropriation bill, and the
amour cement was greeted with laughter.
Senator Burns made a motion to sus-
pend the rules and pass his bill making
the Fort Wayne charter, which includes
at the present time South Bend and
Terre Haute apply only to Fort Wayne,
but. being opposed by Senator Brooks, he
finally withdrew the motion.
Twenty-eight bills were then introduced
and the Senate, after holding a session
which lasted until 1890 o'clock, adjourned
until 10 O'Clock this morning.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
EFFECT OF vIcroRIA.s DEATH.

Conjecture as to the effect of the death
of Queen Victoria may take a wide range
either as to the British empire or other
countries. OF course, the effect on the
British people will be one of universal
and profound grief. for probably no other
British sovereign was ever personally so
beloved as Victoria, and she had reigned
so long that her people had almost come
to look upon her death as an impossible
event. Mixed with their grief, therefore,
first confusion that reigns in hive OF bees
that has lost it's queen. The latter feeling
will be quickly allayed by the prompt and
orderly operation of the British constitu-
ton, but the sorrows will abide. and it will
be a long time before the British peo-
pie will feel toward another sovereign as
they have and do toward Victoria. The
new King is respected in a way, and the
sentiment of British loyalty is far too
strong and sincere TO admit of any open
the throne, but there is no such feeling of
reverence and devotion toward him as there
was for Victoria, and no matter how popular
his reign may be, ii cannot, in the course of
feeling That the succession will be quiet
and orderly goes without saying. Through
out the Brisish empire the feeling will be
God reigns and the government at Lon
con lives" The new King will immediate.
ly surround himself with able adviser >,
probably retiring the most. If not all. -
the present Ministry and the administra-
zion OF the government will proceed with
out a hitch or jolt. Yet the question will
arise as to the ultimate effect of the
Queens death upon the British people and
the power and prestige of the government
at home and abroad. There are those who
believe that current events foreshadow the
decadence of the British power, and mark
politically as we'll as commercially. This
is mere conjecture. There is no convinc-
ing proof CT this, yet 1t may be true. The
war in South Africa proved and is still
proving a far greater strain on British
resources than Victoria ever anticipated,
and the end is not yet There are also
signs of impending trouble in other quar-
tiers, and it remains to be seen whether the
ship of state under Edward VII. aided by
his wisest ministers, can outride storm
the gathering of which Victoria could not
avert There Is dislike as aell as jealousy
of Great Britain in most European coun-
tries, and some Of the powers may seize
the present opportunity to press for the
settlement Of Old scores The latter years
OF victcria's reign did much to strengthen
the Loyalty Of British colonies in all parts
of the world, and it is not likely that any
trouble will arise OF that line at present,
though new sovereign might easily
weaken the bonds These end ether phases
of the case open field OF conjecture which
will give special interest to British poll
tics for many years to come.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-23
LEGIsLATIvE ROUTINE.
New senate BiIIs.

The following new bills were introduced
in the Senate yesterday:
No. 1872 Senator Agnew-To legalize war;
rants issued by certain township trustees.
Judiciary.
No lss. Senator Binkley-Defining the
duties of various county officers and fixing
their compensation. Judiciary.
No 134. Senator Brooks-Concerning the
location and expense of free gravel roads.
Roads
No 135 Senator Charles-Concerning i'm
provements in towns Of less than 1900 in
habitants. Cities and towns.
No. 1876. Senator Conlogue-Creating the
office of county engineer OF roads. County
and township business.
No. 49, Senator Conlogue-Concerning
the destruction Of noxious weeds along pub
lie highways. Roads.
No. 13S Senator Crumbaker-Concerning
No. 1ss. Senator Darby-For the pro-
lection Of fur-bearing animals. Rights and
No. i4o. Senator Darby-concernins
methods of obtaining struck juries on no.
No. TAI. Senator Fortune-To erect a
monument over the graves OF those mas
sacred at Pigeon Roost Military affairs.
No. l42. Senator acknowledgements
the mileage of legislators. Fees and sal
aries.
No 49, Senator Gochenour-Concern-
ing seals OF justices OF the peace. Ju-
dietary.
No. IA Senator Guthrie-To protect
streams from pollution. Public health.
No. 145. Senator Gwin-concerning pro-
ceedings in criminal cases. judiciary.
No. 146. Senator Joss-Appropriation OF
s4,006.73 TO Volney w. Foster. for Western
Paving and Supply Company. for paving
I'm front of the postoffice building in this
city. Claims and expenditures.
No. 147. Senator Keeney-Concrning
taxes for libraries. Cities and towns.
No 148 Senator Keyes-For the care OF
lent institutions.
No. 49, Senator Kittinger-Prohibiting
the closing of certain offices. County and
township business.
No 80 Senator Lambert - Concerning
the cleaning of public highways.
No. Isl. Senator Layman--Regulating
the sale Of merchandise in bulk. Judiciary.
No. 152. Senator Matson-Placing the
names OF Congressman on the state ticket.
Elections.
No. 49, Senator Ogborn-Establishing a
leges.
No. l54 Senator Osborne-LegaIizing the
town of keystone. Wells county Cities
and towns.
No. l55. Senator osborne-The Congress
sional apportionment bill. Congressional ap-
portionment
No. 1856. Senator Parks-Concerning the
reclamation and drainage Of lands. Swamp
lands and drains.
study OF agriculture. Agriculture.
No. l5S. Senator Purcell-For food sani-
tation. Public health.
No 159. Senator ACKNOWLEDGEMENTS
the Indianapolis Board of Park Commits
sioners. City OF Indianapolis