The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-20
TO COVER DUDLEY CASE
ATTORNEY GENERAL MILLER HAS
PREPARED A BILL.
Ii Will BE Introduced This Morning
by Senator Hendee-Its Pro-
visions.

Senator E. z. Hendee this morning will
introduce in the Senate bill to amend GER
tain sections of an act defining proceed
ings in civil cases. The bill will enlarge
the powers of the attorney general of the
State and will also provide for the Supreme
Court having original jurisdiction i'm cases
in which the attorney general files in
formation before that court as set out in
the bill.
The bill specifies in what cases Informal
ton may be filed against any persons or
corporation for the usurpation of Office or
for unlawfully holding or exercising any
franchise granted by law or any office in
any corporation created by authority of the
State. and providing further that where any
association or number of persons shall act
within the State as a corporation without
being legally incorporated, providing that
whenever any corporation organized under
the laws of this or any other State does
or omits an act that amounts to sur
render of rights and privileges of cor
poration or where it fails in any way to
discharge any of it's statutory common
law duties of a corporation.
The bill provides that information may be
filed by the attorney general of the State
State and original jurisdiction is conferred
on the Supreme Court to hear and deter
mine all questions involved and to render
final Judgment and make all orders neces-
sary for enforcement of its judgment.
The bill does not take away from prose-
cutting attorneys the power to proceed as
they now have by law TO file informa ton
in the Circuit Courts. but does confer on
the attorney general power to file informa-
ton, and gives to the Supreme Court juris-
dtctiOn TO hear cases brought before Ii by
the attorney general. This bill was drawn
upon similar lines to present laws of the
States of New York, Pennsylvania, Mich-
gan, Ohio and Wisconsin.
Indiana needs just such a law as this
bill will provide for, said Attorney General
Miller in discussing the bill last night.
Under the present law the powers of the
attorney general are limited, and he has no
power to file information. but must wait
for the cases to come before the Supreme
Court from the lower courts. Under the
bill proposed the attorney general may
file information as stated and the Supreme
Court will have jurisdiction to try the case
at once and render final Judgment
Take, for instance, the Sullivan county
sheriff difficulty. Under our present law
the State had to call upon the coroner to
ask him if he would institute proceedings
to secure the office of sheriff to which he
was rightly entitled in view of the ruling
of the Governor in ousting Mr. Dudley for
failing to obey the law in protecting a
prisoner from mob violence. If we had a
law as proposed by the new bill the at
torney general could file information before
the Supreme Court. which would be I'M
prejudiced and not controlled by local senti-
ment or opinion. and the case could he tried
final decision rendered. 1t is probable
the matter may come before the Supreme
| Court in course of time.
THE advantages of such a law are nu-
merous, and Indiana should rank with
other States that are now securing the
/ advantages of similar laws"