AFTERNOON SESSION.
On motion by Mr. HENRY the Senate refused to concur in the House amendments to the road and highway bill [S. 67] and asked for a Committee of Conference thereon.
RAILROAD TARIFF.
Mr. CAMPBELL resumed his remarks interrupted by the Joint Convention before the noon recess. He said: It has been said to my knowledge by high railroad authority in the hotel lobbies during the present session that no Indiana Assembly has brains enough, or integrity enough, to pass a railroad bill. I confess that my ability as a general has been such that with all my efforts and importunities I have but just succeeded in getting this bill No. 10 from the hands of the Railroad Committee. AS to the question of railroad legislation I believe there is nothing of more importance to the taxpayers of the State than this and something should be done and can be done without in any sense interfering with or trespassing upon the legal rights and the equitable rights of the railroads. In the consideration of this question we will consider first, the necessity of legislation; second, the right to legislate, and third how best to legislate. As to the necessity Mr. C. called attention to the unjust discrimination made by which some localities and different individuals of the same locality pay unjust and extortionate rates as compared with others, How some localities pay a tax upon their products beyond that of others, making an unequal taxation. He called attention to the sudden and radical changes made in the rates of freight made without notice, often to the great detriment of shippers. He cited many cases showing that the rates are often doubled without notice. As to the right to legislate he called attention to the fact that the railroads are common carriers, public servants, having deeded or leaded to them certain privileges, occupying a part of public lands and highways receiving their compensation for service rendered by a system of fees not unlike that of the Recorder, Clerk, Auditor and other public servants, and that discrimination by railroads was as unjust and should be regulated by taxation as much as the other public servants and with as much right, that really railroad charges are a system of taxation upon the people, and that it is one of the first principles that taxation shall be equal, that the same right to regulate charges for interest, practices of banks, charges of hackmen, of millers, of toll roads, should also be exercised to regulate railroad charges and protect those who patronize them. He also read an extract from a letter from Judge Jeremiah S. Black supporting his position in the right to legislate. As to how to legislate he preferred his bill [S. 10]-which calls for a Commission-rather than the one offered by Senator McCullough [S. 19], as he thought a Commission far more practical than specific legislation He believed that the Board of Commissioners contemplated in his bill [S. 10] to act, as arbitrators bet ween the railroads and the people and between the railroads themselves was the practical solution to the problem. He said the railroads needed some power to arbitrate between them, and that the cutting of prices at competitive points below a fair rate was one great cause of exhorbitant rates at intermediate points lie cited several authorities showing where a Commission, the same as the bill contemplated hart worked beneficially to both people and the railroad. He closed by saying that he believed that a well organized Commission may save to the State of Indiana as much as the entire taxes now paid, and yet do no injustice to the railroads.
Mr. SPANN obtained the floor, but gave way for-
On motion by Mr. WILLARD the bill [H. R. 51] to provide for the taxation of dogs was read the second time.
On motion by Mr. VOYLES the Senate-concurred in the House amendments to his supplemental fee and salary bill [S. 173], allowing per diem to Clerk of Courts.
On motion by Mr. MAGEE the House amendment to his bill [S. 78] to amend the ace establishing a State Bureau of Statistics-striking out all that alludes to the Geological Department was concurred in.
Mr. BELL stating that but few would have voted for this bill had it been known it interfered with the tenure of office of Professor John Collett, which the House amendment makes right.
page: 263[View Page 263]On motion of Mr. BELL the bill [H. R. 105] concerning the liens of laboring men, mechanical and others-a bill prepared two years ago by the Committee on Revision of Laws-was, under a setting aside of the Constitutional rule by a two-thirds vote, read the second time by title, the third time by sections, and passed by yeas, 39; nays, none.
RAILROAD TARIFF.
Mr. SPANN, as a member of the Railroad Committee, considered other bills on the subject far better than the bill S. 19, as it is unjust to the railroads, It is not elastic enough-it goes too far against the Corporation. He admitted the right of the Legislature to regulate railroads, but it is the duty of legislators equally to look to the interests of Corporations as well as peoples. Both have rights and interests that ought to be protected.
There are two sides to this question. He favored a just railroad bill. This bill would say to railroads they must charge for transportation the same rate for one hog as for 1,000.
Mr. McCULLOUGH objected to that kind of construction of his bill.
Mr. Spann (resuming) gave way for-
On motion by Mr. FAULKNER, the bill [H. R. 13] concerning the use of firearms read the second time by title under a suspension of the rules by a two-thirds vote, read the third time and passed by yeas, 43; nays; 3.
Mr. FAULKNER explaining the bill proposes to punish any person over tea years of age who shall point a gun, pistol or other firearm, whether loaded or unloaded, at another.
Mr. HENRY from the Committee of Free Conference on the Road and Highway Bill [S. 6], reported a recommendation that the Senate agree to all the House amendments but one to Section 20, striking out words in line twenty of the bill.
On motion by Mr. W1LLARD the report was concurred in.
On motion by Mr. ADKISON the bill [H. R. 14] to require all Companies or Associations to make settlement and payment to their employes at least every thirty days-see page 240 of the Brevier Reports-was read the first time and referred to the Judiciary Committee.
On motion by Mr. JOHNSTON the rules were set aside by a two-thirds vote and the bill [H. R. 198] for the relief of Allen Lepton and his sureties was read twice by title, the third lime by sections and passed by yeas, 85; nays. 6.
Mr. JOHNSTON explaining the money, $4,090, was lost by the failure of a bank, but over half has been restored by this honest officer, to whose relief the General Assembly should now come.
On motion by Mr. COMPTON the bill [H. R. 438] to amend Section 6,276 of the Revised Statutes of 1881, was by a two thirds vote suspending the rules read Twice by title only, the third time by sections, and passed by yeas, 33; nays, 8.
Mr. COMPTON stating is object was to exempt some property held by a Masonic Lodge in Terre Haute from taxation-the only change from the law as at present being it exempts real estate held by a charitable organization where there is no building on it.
DECEDENTS' ESTATES.
Mr. HENRY, from The Joint Committee on the Decedent Estates' Bills, returned the bill [H. R. 223] with a substitute therefor, similar to the bill [S. 262] described on page 181 of these reports, which on his further motion, under a suspension of the rules of a two-thirds vote, was read twice by title. The report of the Committee was concurred in without reading. The bill was read the third time and passed by yeas, 49; nays, 0.
RAILROAD TARIFF.
Mr. SPANN resumed his speech on the railroad tariff bill at quarter before 6 o'clock. He favored regulating the tariff on railroads, but would not refuse such corporations a hearing. He favored a law making the rates not only just to the shipper, but just to the corporations. The arbitration bill, S. 10, is something like what is needed; but the bill S. 19 has not the elasticity requisite-it seems to be almost an identical copy of a bill presented last session by Senator Menzies. He gave way for-
Mr. Benz on whose motion the Senate took a recess until 7:30 o'clock p. m.
