The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-07
LEGISLATION IN INDIANA.
Reform Laws TO lie Recommended
by Governor Mount


by Governor Mount.
INDIANAPOLIS. Ind, Jan. 6.-Governor
Mount is bGsily engaged on his biennial
message to the General Assembly. which
convenes in this city early this month,
and if his recommendations are followed
the session will witness the enactment of
some measures that will mark a new era
in legislation in Indiana.
The recent lynchings in Spencer and
Warrick Counties. in which at least one
innocent man fell victim to the insane
fury of the mob, will be the occasion for
drastic statute against this class of law
violators if the recommendations of the
executive are followed. Indeed, the At
torney General has already drawn bill
for submission to the Legislature in ac-
cordanCe with instructions from the Gov
ernor.
The State authorities have found that
it is impossible to secure evidence against
lynchers. or, when evidence is secured, to
get grand juries to indict the suspected
parties. This results, in the first place.
from sympathy with the mob, and, in the
second place. from fear to appear as wit
nesses against them. and these two causes
have nullifed every effort that the State
has made TO punish such crimes.
The Governor now proposes new de-
parture for such prosecutions. This is to
give the State the right to a change of
yerue in all cases resulting from mob
Violence privilege which is now enjoyed
only by defendants, as the theory has al
ways been that no prejudice exists against
the State, but only against the accused.
A second provision will hold a county
in which a lynching occurs responsible
in damages to relatives of the accused,
and this responsibility cannot be lessened
by evidence of the criminal character of
the mobs victim or the certainty that
he committed the offence for which he
was lynched. The bill is drawn upon the
theory that the taxpayers of a county
will be restrained and will restrain the
rabble if there is a certainty that mob
violence is to be followed by a heavy
judgment against the county, which only
increased taxation can liquidate.
Another law which the Governor will
insist upon in his message, and which
has been recommended by the Secretary
of State, is to require corporations or
ganiZed outside of the State and seeking
to do business in Indiana to pay the same
fees that are now required from cor
pOrations organized under the State laws.
There is now no provision for collecting
rotary of State has found that many cor
porations which are formed here are 60
ing into other States to be organized and
that others legitimately organized in
those States do more business in Indiana
than elsewhere and yet escape the pay
ment of any fees to the State. His idea
is to put foreign corporations on the same
footing as those formed in Indiana, so
far as fees to the State are concerned, and
thus increase the revenues and at the
same time take away the incentive to
organize under the laws of other States.
1t is estimated that 100000 in fees is
annually lost to the State by reason of
the failure to require foreign corporations
to reincorporate under Indiana laws be-
fore being permitted to do business in the
State. Every one of the gigantic cor
poratlons organized in New Jersey in the
last two or three years maintains agents
and does business in Indiana, but none of
them have paid any fees to the State.
third measure, which will excite a
great deal of interest not only in Indiana
but in many of her sister States, is legis-
/ lation against trusts. Two bills have al
ready been prepared. and will be intro
duced simultaneously in the House and
Senate. The provisions Oh the two are
cry similar, and Governor Mount, has APP
proved them and will urge such legisla-
ti,n in his message. The bills describe
a trust as "a union or combination or
consolidation or affiliation of capital
credit, assets, trade. custom, skill. or acts
or of any other valuable thing or posses
sion by or between persons or associa-
lions of persons. firms. or corporations,
whereby any one of the purposes or OBJ
jects mentioned in the act can be accom-
plished." II is then provided that any
persons, company. corporation. etc. who
bind themselves together for the pur-
pose of driving out competition, or in
juring competitors. or sell at less than
cost. or give away manufactured product,
shall be deemed guilty of conspiracy to
form trust or monopoly in restraint of
trade A penalty of from $500 to $4,000
is affixed for the violation of any OF the
provisions of the act. and each day that
such a trust is maintained is made
separate offence. 1t is made the duty of
officers Of corporations to submit affida-
Wits on June / of each year to the effect
that they are not members of any trust,
and failure to submit such affldavits with
in forty-live days is made prima facie
evidence that the refusing company is
violating the law. Another penalty fixed
for violating any of the provisions of the
act is forfeiture of all corporate rights,
and the prosecuting attorney in the coun-
~ in which the corporation does bust
ness is required to proceed at once to