The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-26

for services rendered by him. In contra
distinction to other administrations of the
Office. he points out that he has not profited
one dollar, either directly or indirectly. as
the result of this litigation or from the COL
lection of the large sums making the big
total. Following are the figures presented
in the financial statement:
COLLECTIONS MADE.
81, 1893. s26.425.4
81, 1906. 56,461.57
81, 1soi............. s.7s4.sS
81, 1so2.............................. S6,775.lS
Indiana claim VS.. the United
suppression Of the rebellion. SS5,S5s.N
Amount of tax involved in Penn
sylvania Railroad tax cases.. 7OO,OOO.OO
Total amount collected at end
of litigation
In addition to the above the value of the
estate of George Donaldson, that has been
escheated to the State, pursuant to judy
ment and decree of the Lawrence Circuit
Court, and now pending on appeal in the
Supreme Court of Indiana, $4,000: amount
of taxes involved in the American Express
Company case VS.. the state and county tax
officers, wherein an injunction prayed for
by the company was denied in the United
State Circuit Court of Indiana, is $4,000;
amount of taxes involved in the Indiana
Manufacturing Company case. wherein an
injunction prayed for by the company was
denied, which case Is now pending on ap-
peal in the Supreme Court of the United
States, $20. 900; total amount of property and
taxes wherein judgments have been rem
dered in favor of the State. making a total
GALLUP TAX CASE.
During the past two years many i'm
portant constitutional questions have been
before the courts in which 1t became the
duty of the attorney general to defend the
constitutionalily of the acts of the Legis-
lature. Almost without exception his serv-
ices have received the reward Of success,
the acts being upheld. In reviewing the
cases referring to taxation, the attorney
general mentions the case of Gallup VS..
Schmidt, in relation to omitted taxables
This case was argued by him before the
Supreme Court of the United States, the
Gallup estate being represented there by
two former attorney generals of the United
States. In the opinion of Judge Shiras
every contention of the State was sustained
and the entire judgment that the State re-
ceived, with interest. amounted to s63, Isl. 70.
Several years ago the American Express
Company brought suit in the Circuit Court
of the United States for the District OF
Indiana to enjoin the certification of taxes
dcSCSSCQ SANS 10 PAOPCAty III NlC
of Indiana on the mileage basis, basing its
contention that the assessment was un-
lawful. The case was tried before Judge
Baker at Indianapolis, and the decision was
in favor Of the State.
During the past ten years numerous
street improvements have been made upon
streets abutting the property held by the
United States for postoffice purposes in the
city of Indianapolis. 1t was the conten-
ton of the State that these improvements
should be paid for by the federal gov
----~ -
and sustained in the United States Court
at Indianapolis.
The constitutionality of the law relating
to police power for the protection of the
people against ignorant pretenders In the
learned professions; the pharmacy law, the
dental law. the medical law, the law re-
lating to vaccination, the pure food law,
the game law. the fraudulent marriage
law, the law relating to municipal gov
ernment the law relating to minimum
wages, the town-clerk law, the employees
the vote-seIing act, the gambling act-all
have been argued by the attorney general
on points on constitutionality. and affirm
atively passed on by the courts.
OHIO RIVER QUESTION.
The attorney general devotes considerable
space to a discussion of the point of juris-
diction over the Ohio river. The proper
protection upon the water front absolutely
requires the right to pursue and recapture
thieves and other criminals on the surface
of the river. Indiana, therefore, demands
concurrent jurisdiction over the surface OF
the river. The attorney general has now
in the Supreme Court Of the United States
a suit which will settle the contention.
N interesting section of the report
deals with escheat cases. The Donaldson
case. which involves the ownership of two
hundred acres of valuable LAND near Mitch
ell, Is ready for settlement in the Supreme
Court. Donaldson was a Scotchman who
died without being naturalized. Suit was
brought by the attorney general on the the
DRY that the property escheated to the
State. The Scottish heirs contested. b1t
erty will go to the State. In this con.
nection he makes an interesting
dation TO the Governor, which follows:
This case is now in the Supreme Court
and If IL should be affirmed il will brins
to the State about two hundred acres OF
well-timbered and well-watered land, ex.
preservation of game and for a botanic gar.
den. Ii is well located. being near the i'm.
tersection OF the MonOn and the B. & o
| railroads in Lawrence conn.
~, near Mitchell. This land possesses nat.
ural advantages, having several caves. on,
or which is very extensive. / recommend
that II this cause should be affirmed thar
the State or Indiana keep this property as
a State park and preserve for the purpose:
above indicated, as other States are keen
ing and have kept preserves in their boun
Il OdI ~
Other escheat cases I'm which the attorne,
general recovered property for the Stat,
were the Douglass case. involving a farm
in Marion county and $1,000 in money. anC
the Kat case involving land in Lake county
The attorney general states that il ha:
been necessary during his term of office Il
deal strictly with a number of wildcat i'm,
surance companies. and severe measure:
became necessary in at least one case-tha
OF the Lincoln Insurance and Banking Com
pany, OF and Chicago. A re
ceiver was obtained i'm Illinois as well a:
In Indiana, and the affairs Of the compan,
are now being wound up.
ASSES IN SUPREME COURT.
Mr.. Taylor calls attention to the success
full prosecution of cases i'm the Suprem,
Court of the United States. Not a sui
has been lost in the supreme tribunal b,
Indiana. and there are five yet TO be de
cided which the attorney general thinks
will be decided favorably 10 the State.
a number of important recommendation
are made at the conclusion OF the report
The practice of carrying deadly weapon
Is severely condemned by Mr.. Taylor. VIII