The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-04

side of the floor Statesman declared that
the bill was nothing more nor less than
their own property. He said that railroads
had acquired short lines in Indiana, ana
were seeking merely to make those lines an
actual part of their main systems. He IN
sisted that the passage of the bill, with the
amendments offered would not surrender
the Jurisdiction of the state courts over the
Van Fleet, of Elkhart. spoke briefly. but
did not indicate exactly his position on the
bill. He said that he deplored the fact that
the member from Johnson had sought to
inject politics into the question, and feared
that as result of Stacks TRADE members
on the majority side might be forced into
voting against their real sentiments. Later
when the roll was called, Van Fleet voted
TO kill the bill.
Settlers. of Washington. opposed the bill,
the substance of his argument being that
its enactment meant the surrender of the
sovereign rights of the State over the rail-
roads that would be purchased, leased or
absorbed under its provisions.
Luhring, of Evansville, who favored the
BILL confined his speech to reading a cita-
ton from a decision IN a case in which the
Supreme Court had declared that the State
of Alabama still retained Jurisdiction over
railroads constructed by a domestic cor
poratfon that were later transferred to for
eign corporations.
Kirkman the chairman of the House
committee on railroads, said that he was
opposed to the motion to strike out the
enacting clause because he believed that
the bill could be made a good measure by
the incorporation of the proposed amend
ment.
BAMBERGER'S SPEECH.
Bamberger. of Marion. opened his speech
in manner that led most of those who
heard him to believe that he favored the
bill. However. he quickly dissipated that
impression by declaring that no act Of the
Legislature of Indiana could deprive for
eign corporation of the right to take a
oh % h. ",
all cases. THAT right is vested in for
eign corporation, or a foreign individual,
If you please. by the federal Constitution,
and nothing that this Legislature can do,
no amendments that could be made to this
bill, could in the slightest degree take away
that right" he declared. 1.-The Federal
Court has jurisdiction in all cases in which
one party is a nonresident"
Bamberger then cited case in Nebraska
in which the United States Supreme Court
held that the courts of that State had no
jurisdiction over foreign corporations that
acquired interests in that State under
statute even more drastically drawn than
the bill under consideration with all it's
amendments. and he said, further, that
there was already a law on the Indiana
statutes that contained the express pro-
vision that was sought to be Incorporated
in this bill-that foreign corporations &C
| quiring interests in Indiana should still be
within the Jurisdiction of the Indiana
| courts. He read the statute he referred
| TO, and said that he defed anyone TO cite
him to single case in which this statute
had been upheld, and IL had been law
| Tor forty-one years.
II am in favor of the motion TO strike
the enacting clause from this BILL he con-
| cluded, because l fear that if the motion
does not prevail the members of this
House will be deceived and their judgment
| be clouded by the adoption of such specious
amendments as the one that has been laid
before us. This amendment will not abate
| the evil OF this bill. That cannot De done.
| The bill is wrong and Ii should be defeat
ed
Miller, of Bartholomew, closed the de-
| bate by explaining that he himself had pre-
| pared a motion TO strike out the enacting
cIa .9' put ne mad oeen anticipated oy the
| action OF the member from Johnson. Along
with Van Fleet Miller feared that Stacks
| political harangue, might have the effect OF
driving Republican members to vote for
| the Dill, and he sounded note of warning.
| He concluded by saying that the people
| OF his district were opposed to the bill, and
that he believed that 1t was bad measure.
| VOTES EXPLAINED.
| The roll was called, and about half the
members awaited themselves of the oppor-
| tunity to explain their votes. There was a
great deal Of confusion on the floor, due to
/ the efforts of the members and a few lob
byists to secure votes for or against the
bill. and time and again the speaker was
/ forced to rap vigorously and threaten to
clear the hall il order were not restored
/ The first roll call showed vote of A to Al
| in favor of the motion, and Statesman, be-
| fore the result was announced, demanded
i that the absentees be sent for. Sayre, who
was opposing the bill in a quiet but eff
| fective way, promptly stated that if Suites
| man persisted in that demand he would
/ insist that the vote be held open until every
member of the House could be brought in
| and placed on record
The names of those not voting were
| called, and few more responded. and the
vote got dangerously near tie. Then
Garman was induced to change his vote
/ from no to aye and Veneer. who had gone
| to the trouble of explaining why he voted
| against the motion to kill the bill, was also
| persuaded to change, and he asked that he
| be recorded voting aye.
| Ii was apparent. even to the strongest
| advocates of the bill, that railroad CONSOLE
/ dation was lost cause, and Statesman
| finally withdrew his demand for the abb
| sentees. The speaker announced the vote
| of 4S TO 43 and declared the bill killed.
| Slack, Miller and Sayre were on their
/ feet at once demanding recognition, each
| desiring to move TO reconsider and table
so that the bill could not possibly be
| brought up again. The speaker ignored
/ them and handed down Senate bill on
| second reading. All three of them persist
i ed in demanding recognition, Slack being
especially insistent. The speaker ordered
| him to take his seat. but he demanded a
point of order. He stated his point, that
/ he had asked for recognition before the
/ speaker had announced the resumption of
| had also demanded recognition at the same
! time. The speaker finally entertained his
| motion. and IL was carried by a viva voce
/ vote.
| During the fight on the bill a number of
1 senator's, including Senator Gray, the au-
thor of the measure, and several promi-
nent members of the railroad lobby were
| present on the floor.
II