The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-16
Bill Warmly Championed by Senator
Wood. Who Says Legislature
Should Prevent Real Injustice.
DAY IN SENATE AND HOUSE
MIR. GOODWINE's REFORMAT0RY
BILL RECOMMENDED FOR PASSAGE.
Bill to Prevent Grave RobbinE Intro
duced-ActiOn I'm Committee Rooms
Legislative Routine.

Senators tilted fiercely yesterday morn
ing in the upper house of the General As
sembly with lances OF eloquence tipped
with sarcasm. The prize at stake in the
wordy contest was the salvation of the bill
introduced by Senator Gray. OF Evansville.
for the unconcealed purpose of throwing
out of the Dubois county court suits that
threaten to cost the Southern Railway
Company $4,000.
The bill was saved. but II took an hour Of
the hardest kind of work on the part OF the
senators who believe that the prosecuting
attorney of Dubois county is attempting to
do something he has no business TO do.
Desperate attempts by enemies of the
measure to amend it TO death were sue
cessfully resisted. and Mr.. Gray, those who
backed him on the floor of the Senate and
Attorney John Wellman, of the Southern.
have the satisfaction of knowing that IL the
will pass the body.
The debate. which ranged from the hu-
morous to the acrimonious, gave one or two
of the new members of the Senate chance
to make their maiden speeches. Mr.. Davis.
of Greene. who led the minority on the
floor of the House in 1901. stood very erect
the American flag. metaphorically speak
ing, that the rights OF the common people
must be protected. Mr.. Davis's speech was
interesting as prediction eloquence> but it
did not stir the senator's to enots@A -szs--
Milburn. of Daviess and Dubois. who led
the onslaught against the bill, despite the
fact that he is the local attorney OF the
Southern in Dubois county, was also very
earnest in pointing out how detrimental To
the interests of the people the bill is. but he
failed TO answer a number OF pointed ques-
tions put to him by Mr.. Wood. of Lafay-
cite. and Mr.. Wolcott of Wolcott- Others
who became involved in the whirl of siren
uousity were Mr.. Lawler. of Salem. against
the bill; Mr.. Ogborn, of New Castle. favor
ing it; Mr.. Kittinger, of Anderson. favor
ing it, and Mr.. Fortune, of JeffersonviIle.
who violently opposed ii.
MR.. GRAY'S EXPLANATION.
The bill which stirred UP so much gin
ger" seeks to relieve the Southern of the
payment of alleged unjust claims. Senator
Gray explains its purport by the state
ment that an unusual condition OF affairs
exists at a little station called Ferdinand.
on the Southern. in Dubois county Be-
cause, he says, the station agent ran out
of the proper blanks and because the sleepy
condition of the community did not seem TO
justify careful posting OF the time OF trains
as the law provides a saloon keeper. who
is one OF the very few residents OF the ham,
let, went TO the prosecuting attorney and
induced him to file suit against the South
ern under the statute applicable TO recover
damages. The suit. 1t is claimed by Sena-
tor Gray, who introduced the bill by re-
quest was not filed as soon as the prose-
cutor discovered the law was being vio-
lated. but ii was delayed nine months until
an accumulation of the fines provided by
statute reached the imposing sum Of s27.00B
Now, he says, the prosecutor Is pushing the
case in the court with the hope OF getting a
large part of the judgment. This state or
affairs he characterizes as ''hold-up. and
other senators who took part in the debate
agreed with him The nub of the bill is
the provision that $500 shall be the maxi
mum amount to be recovered in suits OF
this character and the section which makes
the measure apply TO cases now In court.
Mr.. Gray started the talking bee by cali
ing up the bill for second reading. Attor-
ney Welman paced the floor at the back OF
the Senate chamber keenly alive TO the
workings of the machinery through which
the bill was passing. Then Mr.. MilbuTn, OF
Dubois. offered an amendment providing
that the bill should not be applicable 10 any
suit at law now pending. AS this was the
very thing desired by the friends OF the
measure debate started.
ment, declared the Legislature is not the
place TO try lawsuits. IL would be ridicc-
lous. he said, IL private citizen should
come into the Senate with a bill to relieve
him from legal difficulties. and now that
the Southern has got itself into hole there
is no reason, ne said. why II should not be
left to get out OF it. He became greatly
wrought up in denouncing legislation for
the benefit OF corporations.
NOTHING CONCEALED.
Mr.. Gray. who fathered the railroad bill.
said that there had been nothing concealed
about it. Its purpose had been made known
Immediately he declared. and that purpose
was simply TO relieve the Southern of an
Injustice. There seemed no other way to
do II and so the Legislature IL called upon.
He told of the condition at Ferdinand and
charged a conspiracy between the prose-
cutor OF Dubois and the saioon-keeper al
luded 10 to holp up the company.
Mr. Ogborn raised a technical question
showing that by the present statute the bill
Is unnecessary
Mr.. Davis. OF Greene. who had been wait
ing his chance I'm the attitude OF crouch
ing tiger, received recognition from the
president and launched forth into de-
nunciation OF the measure. He waved the
name OF j. Pierpont Morgan before the
senators as a toreador waves red flag
before a bull and declared that the Senate
should go slow before II attempted 10 legis-
late into the pockets OF corporation OF
Mr. Morgan.
Mr. Wood OF Lafayette. who has given
attention TO the bill. spoke briefly favoring
IT, There seemed TO be no doubt. he said.
that the Southern II right In the contro-
versy. The Legislature he said. should lay
its strong arm upon the prosecutor of that
county
Senator Fortune. who proceeded with the
desire 10 make every senator put himself
on record declared that the bill Is an at
tempt 10 invade the province OF the Judi.
ciary. No matter what the facts he
said they do not matter 10 the Senate.
There is place 10 air them and that Is In
the courts. He turned TO the senators with
a smile and said that he. as well at othes