The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-09
The Bill, He Says, Would Put All Corr
poratiOns at the Mercy of the
Attorney General.
STRENGTH OF THE OPPOSITION
III is SAID TWENTY-FIVE VOTES
ARE PLEDGED AGAINST BILL.
Only Ten Votes Are Claimed for the
Measure I'm the Senate-Other
Legislative Gossip.

The statement was made last night that
if Senate bill No. 14s becomes a law
the office of attorney general Of Indian
can be made to yield an income of at least
100000 a year. providing the incumbent
desires TO take advantage of the powers
conferred him by the bill.
Attorney John b. Cockrum, OF this city,
made the statement. Mr. Cockrum is one
of the leaders of the opposition that has de-
veloped TO the bill and he declares that
there is some Interior purpose back of il.
He says that the reason given for its in
PRODUCTION, namely, that the attorney gen.
eral should be given powers to take direct
to the Supreme Court such cases as that OF
John S. Dudley, the deposed sheriff OF Sulli-
van county. who refuses to yield his Office
in pursuance to the finding of the Gov
ernor, is not all that there is back of the
measure.
The bill. for which Senator Hendee stands
sponsor, will probably be called up on third
reading in the Senate to-day. A lively fight
will be precipitated. in that event, and il
is not believed that the bill can be passed
in its present form, as the opposition is too
well organized. In discussing the bill last
night Mr.. Cockrum said:
THAT part of the bill which provides
that the attorney general may apply TO
the Supreme Court. by proceedings I'm quo
warranto upon his own relation. against
any corporation which shall fail in the dis
charge of its corporate duties by uniting
with another or others in carrying out
any agreement, expressed or implied, the
performance of which is detrimental or in
furious to the public which provision re-
lates to foreign as well as domestic COR
porations, is entirely too broad and con-
fers too great authority upon the attorney
general. The law now is that whenever
any corporation exercises powers not con-
ferred by law ii is subject to an attack
by an information in quo warranto. IL
the attorney general desires to have the
original jurisdiction of the Supreme Court
extended over such cases. we cannot UNDER
stand why he wants the provisions so much
enlarged and his powers so greatly in
creased. His excuse for this bill is that
he wants to reach cases such as the Dud-
ley case i'm Sullivan county. This, / be-
lieve. to be a mere pretense and dodge in
order to carry out some hidden purpose,
covered by the provision giving the attor-
ney general sucn widely increased powers
over corporations.
by the provisions of this bill, IL II be-
comes a law, every corporation OF this
State, and every foreign corporation doing
business In this State, could be made tho
prey of the attorney general venal at
torney general could easily make the ONCE
worth 100000 or more a year.
II do not wish to be understood as say
ing that i think the present attorney gen.
eral, Mr.. Miller, would put the law TO any
such uses, but he is too young a man and
has too promising a future to have such
temptations thrown in his way.
QUESTION OF OTHER EMPLOYMENT.
"It is the belief of many that the attorney
general should not be allowed to accept
employment from any person. firm or
corporation doing business in Indiana,
while he occupies the Office OF attorney
general, and especially would 1T be true
that he should not have such rights IL the
law provides that he may attack the fran
chises and property of such persons. firms
or corporations directly I'm the Supreme
Court at his own will and pleasure.
1T has therefore been considered by the
interests opposed to Senate bill No. 149
that an amendment should be offered IL
the bill is to be passed. providing that 1t
shall be unlawful for the attorney general
to be employed by any person, firm. asso-
citation, combination. corporation or COM
pany, or to participate in any fees paid to
any other person by such parties, during
the term for which he is elected. and that
If he shall himself. or through any other
person, accept any such fees he shall for
felt his office and may be removed by the
Governor on written charges proved to the
satisfaction of the Governor. 1t is quite
my opinion that such an amendment will
be offered to Section of the bill.
1--WE are also of opinion that this Sec
tion is unconstitutional, I'm so far as it
provides that the Supreme Court shall
have original and final jurisdiction over
informations in quo warranto. filed by the
attorney general for the reason that no
provision is made in this section. or I'm
any other section OF the bill. nor Is there
any law I'm force In the State now. where
by the Supreme Courc may impanel jury
TO try any such cases. As informations In
defendant would have the right TO demand
jury I'm any such proceedings. The con-
stitution Of the State provides that the
right of trial by jury shall remain i'm
violate No provision being made where
by such informations could be tried In
the Supreme Court by jury 10 be impaneied
in court the bill is clearly in violation
OF the Constitution.
81 want Il understood expressly that the
clients represented by me and by others
associated with me in opposing the bill
do not wish In any manner 10 interfere
with any of the business OF the attorney
general or other branches of the state
government and IL IL were only TO reach
cases OF lynching. whitecapping. mob law
violations and county officers who may fail
TO discharge their duties under the law
or 10 reach corporations for failure 10 dis.
charge their duties under the law as 10
now exists there would be no objection
10 the passage of this bill giving the at
torney general the right 10 file quo war;
ranto Information and have such informa-
ton tried I'm the Supreme Court Howcve..
the. interests | represent do seriously OBJ
ject TO any law being placed on the stat
utes OF Indiana that will make them the
prey OF any venal or corrupt Official.
IN is understood that the opposition to
senator Hendee's bill claims twenty-five
votes pledged against ~ I'm its present form
1. a 81. -. II "a