The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-04
Ii Is Claimed His Presentation OF
the Matter Caused Two or Three to
Vote Against Measure.
THE THOMPSON PRIMARY BILL
SENT TO THIRD READING AFTER he
ING RADICALLY. AMENDED
Selection OF Names Taken Out OF the
Hands of Circuit Judges-Buxi-
ness OF the House.

The Gray railroad consolidation Din was
done to death in the House yesterday
afternoon by the adoption OF a motion Of
fered by Representative Slack. the minor
ity floor leader, to strike out the enact
ing clause. The motion prevailed by a vote
of As to 4S. eighteen Republicans and thirty
Democrats voting against the bill and one
Democrat and forty-two Republicans vot-
ing for it,
Those who voted to strike out the enact
ing clause were Adair Allen, Bader, Bam-
berger, Bell, Berndt Boyd, Branch, Corn.
Cravens, Gully, Curry, Denbo, Dirkson, Ed
wards, Farrow, Garman. Green, Haines
Hastings, Henrickson, Holman, Hume.
Jackley, Lemert. Lopp, Matthew, McDow-
ell. Miller, Miner, Mitchell, Poer, Reeve,
Robertson, Sayre. Schermerhorn, Scifers.
Sheridan, Slack. Somers. Sparks Taylor,
Trapp. Van Fleet, Wellons, Wright YEN
Ger, Zollman; total, As.
Those who voted TO save the bill were
Bearss, Beckman. Boulden, Carmichael,
Conaway, Decker, Fear, Hail. Harley. Har-
ter Jakways, Kimball, Kirkman, Kirkpat-
rick. Kline, Lewis of Clay Luhring. Min
nick, Morgan, Muir. Mummert Nehf owen
Parrett. Patton, Rock. Salisbury, salmond,
Schroeder, Sherman, Smith, Stansbury,
Stechhan, Stookey, Stults, Statesman, Tai
colt, Harrington, Warner, Watson, Will
liams, Wilson. Mr.. Speaker; total, 4s.
The bill came up on second reading with
the majority committee report T5commend-
ing passage and 1t was killed only after
a prolonged fight, in which a great deal
of speechmaking was INDUCED in and the
friends and opponents of the measure had
done their utmost to rally their respective
forces to victory. The Democrats had made
opposition to the bill a caucus measure.
and only one member on the minority side
voted for it-Representative Conaway. OF
Dearborn. Two Democrats were not pres
ent-Wells, OF Allen, and Pepple of La
porte. 1t was stated that they were favor
ably inclined toward the bill and Vet did
not wish TO bolt the caucus action, conse-
1uently they did not go on record one WAY
or the other.
LoATH TO GIVE UP.
The friends OF the bill were loath to give
up. even in the face OF almost inevitable de-
feat. and persisted in The demand that the
absent members be brought in and forced to
vote one way or the other. Finally, how
ever. after the roll call had been delayed
several minutes and IL was apparent that
they would be unable to overcome the lead
of five votes that the opposition had re-
corded they yielded and the vote was an
nounced. Later the action was recon-
sidered and tabled. which shuts OF any
further reconsideration OF the bill, and rail-
road consolidation is a settled question SO
far as the Sixty-third General Assembly Is
concerned.
The defeat of the bill was due in no small
degree TO Representative Bamberger OF
Marion county. who made one of the most
logical and effective speeches against H.
One of the Republican members who voted
TO Kill the bill stated that he had been led
berger, and there were several other Re
publican members who were not altogether
decided In their opposition TO the bi. who
were strengthened in their position and
finally convinced by the speech OF the MEM
ber from Marion. Bamberger's speech was
in the nature of a surprise. as the first half
dozen sentences he uttered indicated that
he favored the bill. He concluded however
by assailing the bill vigorously and by Cit
ing decisions of the higher courts to prove
that no matter how the bill was amended
it could not be robbed of its vicious fea-
lures
Slack and other minority members made
strong speeches against the bill, but they
injected politics into their arguments and
spoke in a way to justify the charge made
by Van Fleet, of Eikhart. and Miller. OF
Bartholomew, that they were really seek
ing TO drive the Republicans 10 pass the
bill in order that they might later make
Democratic 9sr, & campaign 1a,erial out of the
the only ones who voted against the bill.
sTOOKEY'S AMENDMENT.
When the bill was handed down on second
reading Stookey. OF Kosciusko, Immediate
ly offered an amendment adding the follow
ing provision to the bill:
ANY company or corporation desiring 10
acquire any property rights or privileges
unoer , tn,s act snst @ nrs, % ME IN the office OF
tion of the board of directors of said conn
pany agreeing TO submit itself and property
TO the jurisdiction OF the courts of this
State and that In will
caue from any state court TO any federal
court except by appeal from she Supreme
Court OF this State. IL shall also file I'm said
Office and the Office of the clerk of the Cir
cult Court of each company through or into
which the property acquired or TO be sc-
quired extends the appointment OF an agent
upon whom all process may be served and
service upon such agent shall be sufficient
to give final jurisdiction over the person
and property of such corporation in this
State And any corporation which shall
fail neglect or refuse 10 comply with the
provisions of this act. or violate
which shall remove or attempt to remove
any cause pending In any state court 20 any
federal court, except as above stated. shall
forfeit all rights under this act. and II shall
be the duty of the'attorney genera. OF the
State in the name of the State. TO proceed
by quo warranto proceedings TO forfeit the
same
Representative Williams. OF Henry. who
had been leading the majority opposition TO
the bill in It's original form. took the fioor
to explain the amendment. He said II had
been prepared by Judge Forkner, OF New
Castle. and would. In his opinion and IN
the opinion of many able attorneys. re-
move the main objection that had been
made to the bill. namely. that the bin would
surrender the jurisdiction OF the state
courts over all railroads absorbed by for
eien corporations. Williams stated that
ne had been opposed TO the bin until he was
assured that the amendment hs ofssrs6