Indianapolis Journal, Indianapolis, Marion County, 26 January 1897 — Page 4

THE INDIANAPOLIS JOURNAL; TUESDAY, JANUARY 26, 1897.

THE DAILY JOURNAL TUESDAY.- JANUARY 2rt. lS'JT.

WasbicitoQ Oilfce 15CJ Pennsylvania Atena: Teleplicie Cnll. Business off.ce :CS Kditortal rooms. ..A S5 I EU.MS OF fcVIIH'HIPTION. . daily irr m AilDaily only, one month... 5 "' l-aily only, three month 2 f" lJally only, one year H-,' 1 any. iulu'uK Jr'ur.'lay. ui.e year WW Sunday enty. one year WHEN rUUNIriliiCD JIY ACIKNTS. IaHy. per week, by cauler 1: cts Suntay. fcinsle ioj.y i ft Ls.:ly and Sunday, per wk. by carrier -U cts WEEKLY. Per yeir 11-00 Reduced Ha,c to Club. Kubscril with any of x;ur numerous agents or en J subscriptions t the JOlK.I, SEWM'APEIl COMPANY, lndianupoliM. Ind. Persons ten Pr.g the Jo-irnal through the muil3 in the United states khoi.ll put on an eigr.t-pak'e paper a OXK-CKM' is-tae stamp: on a twelve cr aixieen-pfte paper a TWlM'KNT postage stamp. Foreign postage Is usually double these ratet . All communications lnt-n1ed for publication In this raper m-jst. In order t. receive attention, he accompanied by the ium and address of the writer. TIIK INDIANAPOLIS JOl ltNAL Can be founl at the following tlae: NEW YOKK-Windecr Hotel and AKor House. CHICAtiO ralmer llous and T. O. News Co., 217 Dearborn street. ClN'C'lNNATl-J. It. Ibwley & Co., 1-1 lne ftrept. LOLI8 V1LLE C. T. Ie-r:nff. northwest comer cf Thin! and Jefferson streets, and Louisville J'ook Co., ZT.6 Fourth avr.u-. ST. LOUIS Union News Company. Union Depot. WASHINGTON. D. C Wires IIoue. Fbbitt House. Wlllard's Hotel anl the Washington News Exchange.. Fourteenth street, between I'tnn. avenue anl F street. A "great deal of crfort Is being expended by well-meaning people in making a Cabinet for the Presidentelect; fortunately, the moat of 1C will bo wasted. Any man who goes up and down the State of Indiana will learn that the most of the people are, feeling very poor and express the hope that the Legislature will not forget the fact. If the government U paying" S cents a pound for hauling- every pound of its mail matter 43) miles, it is paying about twice as much as a private corporation would pay for the same service. Governor Pingrce may be all that his admirers claim for him, but the fact that he leasts on being mayor of Detroit while holding the office of Governor does not commend him to the confidence of people outsldo of Michigan. : An admiring friend explains that the new senator of Illinois is "at hi best in domestie life." Thli is Interesting, hut what the Senate really seems to need most at this time Is men who are at their best, and the best pretty good, in public life. The bill which, B before Congress providing that tho penalty of train robbery shall be death has merit, in view of the fact that during tho past six years there have been 1S3 stoppings of trains for criminal purposes, as the result of which seventy-five persons tvero killed and fifty-eight wounded by Ehots. It was not an uncommon sight yesterday to see unblan'itcd horses standing hitched on the street for hours while their drivers found relief from the bitter weather in comfortable quarters near at hand. The man who so treats an animal in his charge. Is a fit subject for arrest by the officers of the Humane Society. The secretary of the Bureau of Associated Charities in Chicago denies that 8,000 families in that city are starving. He says that that number of families is in need of aid. Of these many need but temporary assistance. The, calamityites, however, will make use of the falsehood which the head of the charities denies "The deserving poor" is a phrase used frequently in pulpit and press and in private conversation within the past three days as if the giving of aid depended on the moral character of the sufferer. With the mercury 13 degrees below zero the fact that a man Is hungry and cold is all that need be known as to his deserts. ' Tne caucus of the Republican members of the Legislature this evening should be fully attended. Fortunately there are no factions in the party in the Legislature. Tho senatorial contest, from which tho Democrats expected and predicted so much discord in Republican ranks, has not left a ripple. If the caucus to-night and those which will probably follow it arc conducted In the same spirit, they will result in benelicial legislation. Evidently Mr. IVffer is of too mild a variety of Populist to suit the taste of the Kansas repudiator, and Mr. Harris has been selected because he is an extremist and will stir ur things, All that Mr. Peffer has done ha3 been to offer and advocate Impossible paper money measures, and to advocate them in long and stupid speeches. He has been conciliatory rather than a ranter. The Kansas Populists want a ranter. But he will rot carry home as many shekels at the c!oso of his term as will Mr. Pcffer. After tho Senator Stewart display of plutocracy in Washington the Bryanites cannot well become indignant over the proposed Bradley-Martin display in New York. There is a great deal of suffering in New York and other cities, and it is not wise for those who have so much wealth to Haunt it In the, face of so much poverty and suffering. There h an element in the country which could make use of such a display as has tern se forth by the New York papers to stir up lie evil passions of the ignorant, and even those who are more Intelligent, should they be needy, as many are this year and have been since 133. Mr. Bryan is not a worker, and Mr. Altgeld is a man C wealth, yet .both will ua-j such lavUh displays of wealth as that to which Dr. Italnsford has celled attention to strengthen the prejudices to which both appealed during the Iat campaign. Much of the odium which has come to tha present pension system is due to tin granting of i-en?lons by special acts of Congress. 'The person ho cannot make a case unJer the prtent laws, us a rule, has a questionable right to a pension. Of late many special j-ensluns have been granted by Cor.irr.ss on the grcuisd thrit the appl! cant cannot he c.red for under the pres cat laws. If fiich n-ou fur increased j,enilon.j become a prccdvnt. Congress will do little else during the next few years than attend to the claims of those to whom the regular pension does not furnish a iom fortable furport. Quite a nv.mbtr of ruch cast have got ihiough C-jngre.. fctnator Turpie has ju-t got t-uch a bill thrcuh the S-nale- In behalf of o.e wht served hN souiitry during the Metkun war and the

Confederacy as a copperhead during the war for the Union. To increase a pension from to $.7) a month simply because h? Is helple.-s is to tet a precelent which would bankrupt the government, while to grant such a pension to one man as a special favor to a senator and refuse It to scores of men who are Just a3 deserving, is an Injustice. It is not expected that $3 or 512 a month will be sufficient to enable a man who is broken down to live comfortably, but such special cases can go to federal and state homes, where they will receive the best of tare. Among veterans of the late war. this last performance of Senator Turpie in behalf of a man who commended himself to the senator because he was a copperhead during the war has caused great Indignation.

A DIFFICULT PHOULEVI. V One of the problems which legislators who are interested in penal institutions are discussing Is that of the disposition of the lalor of convicts. For years the question has been under consideration, but it is as much an enigma now as ever. One side has been led to believe that the product of prison labor seriously affects the market price of tho goods which they manufacture and thus tends to depress the wages of free labor engaged in the same branch of production. This would be true if all the labor in two or three large prisons was turned to tho production of any one article, but when the labor in prisons is employed In the production of a dozen different articles it seems Impossible that tho output should affect prices unless it should be a general season of depression, when the market would be overstocked if there were no prison production. The greatest objection Is to the custom of letting prison labor to contractors. There are those who object to this system who would bo willing to havo the product of prison labor put upon the market by the State itself. This method, however, has not been satisfactory wnere it has been tried. For some reason the state officers cannot produce and sell the goods at an advan tage. Another scheme now being discussed is the practicability of using the labor to manufacture the merchandise used in the state institutions. One scheme looks to the publication of the books used by the pub lic schools. Another scheme which has been condemned was to employ prison labor in tho construction of highways. Two or three points aro to be consid ered. One of these is the cost of the main tenance of convicts. It is said by those who adhere to the contract system that in no other way can a state prison be made anything like self-sustaining. Under that general system well-managed prisons can usually pay their way, or come very near to it. If any other system could be devised by which prisons could bo made to pay the greater part of tho cost of maintenance, tho contract system would be abolished. Thus far. no one has presented it. Is it possible? That Is tho problem which New York must demonstrate now that the Constitution prohibits the making of contracts. If it should be demonstrated that no other system cf disposing of the labor of con victs will make It possible for prisons to be self-sustaining, there will be quite as powerful an element In favor of the contract system as there is now against it. When the taxpayers of Indiana see a levy of $300,000 a year for the maintenance of tho prisons because the contract system has been abolished they will insist very loudly that the convict lalor be made to pay its keep. Another point to be considered is the effect upon the market of the State's employing the labor and putting the goods upon the market. If the State should purchase raw materials and make two or three kinds of staple goods, say, shoes, hats, brushes, brooms, chairs or like articleswould not the putting of the product of the labor upon the market have the same unfavorable result as if it wero done by contractors? It is idle to maintain that convicts shall not be employed. Employment is essential to the health of the convict. Without it prison discipline would be well-nigh impossible, and tho men when turned out into the world would be totally unfit for any kind of labor. Therefore, the keeping of men in Idleness is not to be thought of. The problem to be solved I, how shall the convict labor be employed? Perhaps an investigation of tho effect of prison products upon the market In ordinary times would go far toward the solution of tho labor problem In prisons. Meanwhile, New ' York U making experiments which cannot be otherwise than instructive. CANADA AM) RECIPROCITY. Tory or Liberal Canadian statesmen are always anxious to secure the markets of the United Slates because they have few of their own. Consequently, its statesmen are in Washington as often as a new tariff Is under discussion to impress upon the committees of Congress the importance of what they are pleased to regard as reciprocity. Doubtless they imagine that giving our markets to Canada for nothing Is reciprocity. Heal reciprocity is an exchange cf products in a manner which will prove mutually beneficial. Canada has wheat, barley, hay, cattle, sheep, lumber, poultry, building stone and other articles which Its people desire to sell in the Unite?! States, because it is most of the time a good market. But the people of the United States have every product in abundance which Canada d.sires to sell to us. Canada has no market for farm products, lumber, etc. No American drives cattle into Canada for a market. There is no market there for xiny American lunUer or cereals. We havo a large market for all thee products. Nevertheless Canada's statesmen are now demanding an exchange of markets for these products, calling it reciprocity. Such an arrangement is not reciprocity, since any trade under that name must bo an exchango of the products of one country for those of another which it cannot produce. If Canada would admit free of duty or with lower rates of duty than are imposed upon, other nations, our manufactured products in return for the privilege of selling her farm products and lumler in this country free ef duty, a reciprocal arrangement might le made Even if our farmers should suffer thereby. It might bo reciprocal. But Canada will not listen to such a proposition. American manufacture:? must pay the rame du ties as tho same products from other countries because Canada must have revenues and its competing manufacturers In certain lines must have protection. Besides. Canada has no independent control over trade regulations. It is not a sovereignty. If It should make an arrangement by which American glas. agricultural implements. Iron goDds, cottons, etc, could be admitted to Canada at a lower duty than those of (Ircat Britain that government would not ratify It because It would be a discrimination against tho English manufacturer.

For this reason there can be no real reciprocity in trade between Canada and the United States. For years Canada has assumed an attitude toward the United States which seems to be based upon the assumption that the U,nited States is under some special obligation to the Dominion. It is unnecessary to say that this assumption is a delusion. We owe Canada nothing, and the House ways and means committee In making a tariff bill which gives that people no favors shows that it docs not recognize any obligation to sacrifice any part of the markets belonging to American farmers to Canadians.

The negotiations which have been carried on between the attorney general and the reorganization committee of the Union Pacific and Kansas Pacific roads have resulted In an arrangement by which the government will get back the larger part of the money due. The net Indebtedness of these roads, principal and unpaid interest, is ST"., 750, 000. The guaranty bid which the attorney general has secured Is a promise to pay $17,750,000. As the committee has put up 10 per cent, of the amount, it is fair to assume that the bargain will be kept by tho representatives of the two roads. Thus the government will lose about $,000.000. The Central Pacific, which owes a like amount, remains to be dealt with. The road begins at Ogden and runs to Sacramento. The owners do not want to pay anything, and will not if they can get out of it. The road has earned enough money to pay the government what it owes, but these earnings were used in the construction of the Southern Pacific, upon which the government has no :ien. During the past few 'years portions of Indiana, like the gas belt, have increased their population largely, while the increase in other portions has been small. This is a simple fact, yet it is one which it will be difficult for some members of the Legislature to appreciate when the apportionment bill in under consideration, since local interest may lead them to oppose a bill which v ill give their respective counties less representation. Doubtless they will admit that the counties in which the number of voters Is 2-j and even 50 per cent. larger than it was when the present apportionment was made shall have a proportionally Increased representation. When that is admitted, and the number of senators .and representatives is limited, Itepuolicans representing counties which must of necessity lose a fraction of their power in tho Legislature, if they are fair-minded men, must submit to that loss and sustain a constitutional apportionment. In defending Mr. Bryan for levying tribute on the towns in which he spoke during the late campaign, his friends said tho candidate was a very poor man and that the forced assessments were necessary to pay the expenses of his special train. Now comes a dispatch from Burlington, la., printed In one cf the "Boy Orator's" organs, saying: Mr. and Mrs. C. L. Masdin named their baby boy William Jennings Bryan Masdin. Yesterday they received a letter from Mr. Bryan Inclosing a $100 silver certificate. Mr. Bryan has done a very rash thing, even if he has an ample bank account, as his gift Indicates. Admiring Popocrats "won't do a thing to him" when the news of his liberality becomes generally known. Within a year there will be more William Jennings Bryans than Grovcr Clevelands if the hundred-dollar silver certificates hold out. The novels of the late Mrs. Hungerford, better known as "The Duchess," do not rank high as literature; in fact, the select circles which arrogate to themselves the right and title to the name literary classes do not rate her books as properly coming under the head of literature at all. They simply do not count them In when making up the lists of novels which they are willing to recommend to tho public. Nevertheless a great number of persons who care not a straw for anyone's standard of merit occasionally read novels by the Duchess and take pleasure in them; there Is even gocd reason to suspect that the censors themselves indulge in surreptitious and apologetic perusal of these light and airy talcs when they are weary of the heavy tragedy, the theology, tho politics or the "symbolic" twaddle of novelists whom it is the fashion to praise. No problem was ever Involved in her stories save that old and always Interesting one of getting the heroine married to the hero a feat she invariably accomplished in a most satisfactory way. Her "properties" were few and simple, and figured with suitable readjustment in all her books. There was the heroine, a young, pretty, unconventional, but sweetly innocent and poor Irish maid; there was a group of brothers and sisters revolving about her, a dreamy father, a lover of high degree whom a designing and unworthy but fascinating widow sought to win away from her; neighbors and some wealthy relatives who came out strong in tha end were in the background. Out of the?e elements she constructed many sprightly romances that soothed and never tired, that involved no strain of miad cr scarcely any conscious thought on the reader's part and certainly never kept him awake when the book was done. They simply entertained those somewhat numerous persons who find entertainment in lively or even frivolous feminine chatter when "improv ing" books or conversation would be a w chariness to the soul. iO have entertained her fellow-creatures even in so slight a way Is to have done them a service, and her readers who have not the burden of a literary reputation to sustain will feel themselves in her debt and experience regret at the news of her death. i;mjiim:n in thk air. Evasive. She If you were to find that I had lost all my fortune every penny of it would you hesitate to carry out our engagement? He I would hesitate at nothing. The Cheerful Idiot. "Did you know that all of Queen Vic toria's children were compelled to learn some useful occupation? Wales, for in stance, was taught the shoemaking tradc" "And still he cannot foot a bill." said the cheerful Idiot. Joyous Repartee. "How do you write all those funny things?" asked the Sweet Young Thing. "With a typewriter," said the humorist-by-the-day. "Oh! I didn't know but that you might use some sort of copying process." Hardly Flesh and Blood. "Wow!" said the fat lady. "How you startled me! I thought you were a ghost." Oh, no." said the living skeleton, whose silent entrance had started all the trouble No ghost, I assure you. Iica! skin and bone." ' In Time of Sorrow. I cannot think you dead: It must be only That you have traveled far: AM 'Ahile I tind my path ca earth mote lonely. My tky has gained a Etar; A tar whoe place In heaven I see more plainly Because, with me. tls nlnt. Yet thn,u:rh my tears I ttome times iseek It vainly. .nd cannot and its lent. Katharine L. Ferris. In Harper's Mesa line,

WITH m OPPOSITION

LEGISLATURE ADOPTS MEASURES TO COLLECT THAT VANDALIA CLAIM. Attorney (General SnbmitM n Report Reviewing tin Matter, Together with a II i 1 1 and Resolution. BOTH HOUSES ACT QUICKLY BILL EASILY PASSED UNDER SUSPENSION OF RULES. It Require a Complete Accounting Only One Vote Aatnnt It Resolution A1n Adopted. The Vandalia matter was disposed of for the present by the Legislature yesterday with no further friction. The attorney general delivered his report to the House, and with it a bill requiring the company to make to him a detailed report of its operations under the special charter by Feb. 0, and a resolution for a joint committee to Investigate and suggest, such further legislation as is necessary. The bill passed both houses under suspension. of the rules, and the resolution passed . the House without opposition, but has not yet come up for action In the Senate. The attorney general was present when the House conevened and handed to the speaker a batch of papers. He had prepared a report of some length upon the status of the claim, set 'ing forth the section of the charter under , which tho company operated from 1S47 to 1S72, alluding briefly to tho litigation on the subject. He said the suit instituted in Putnam county and transferred to Owen had ended in the dismissal of the Jury at 4 o'clock in the morning, when it stood eleven to on? against the company, and that the company had won in the Marion county suit because the Legislature had not proceeded properly by first obtaining a sworn statement of the accounts of the company. He advised the Immediate passage' of5 a bill requiring the company to file a full statement of Its operations during the jriod that it operated under a special charter' in his oi'ice 'not ater than Feb. 6, and the adoption of a resolution providing for a committee to in vestigate and suggest such further legisla tion as might be necessary to authorize the nstitution of legal proceedings to recover the amount of the State's claim if any should be found to exist. ATTORNEY GENERAL'S REPORT. The report was "handed clown by the speaker the first thing. It is its follows: On the (Ah day of January, 117, by the act of the General Assembly of the State of Indiana, a charter was granted to the Tcrre Haute & Richmond Railroad Company, which appears on Page 2 of the local laws for that session. But one Section thereof, as it appears to me, is of any importance in connection with this question at this time, and that is Section 23, which reads as follows: "That when the aggregate amount of elividends declared shall amount to the full sum invested and JO,, per centum thereon, the Legislature may so regulate the tolls and freights that not more than 17, per centum per annum shall be divided on the capital employed, and the surplus profits, it any, after paying the,cxpeiises and receiv ing such proportions a may, te necessary for future contIngenelus,tsnail.be paid over to the treasurer of 'state fprXhe.tise of t,ojnmon schools, but the corporation shall not be compelled by law to reduce the tolls ana freights so that a dividend of 15 per centum per annum cannot be made, and it shall be the duty of the corporation to iurnisn tne Legislature, if required, with a correct statement of the amount of expenditures and the amount of profits atter deducting all expenses, which'slulement sh;dl be macie under the oath or the eniccr wnose uuty u shall be to make the same." Section 35 reserved to the State very im portant rights, but it was repealed on the iCth of February, 1S4S., and, so far as 1 know, there is no claim to any right on the part of the State except as it may arise un der Section "3. I do not know of any efforts that were made to call attention to or enforce the rights of the State. If any, unaet this section, until the session in when a resolution looking in that direction was introduced by the late, Judge Hughes, o Mone county. There seems to nave been a very bitter and anminous discussion over it. nut tne resolution janeu oi us passage. At some time prior to 1573 quo warranto proceedings were instituted In Putnam county to forfeit the charter upon various charges gravely affecting its conduct, ana upon this a change of venue was granted to Owen county. This case was at one time submitted to a jury, the evidence heard and the jurv discharged, as 1 am told, at aiiout 4 o'clock in the morning, when they stood eleven for tho State and one for the defendant. This proceeding was had under the law which requires the prtrsntjpn upon the in formation of the preisueinmg attorney ana I know of no record of that suit in this office, and believe tiiut there is none. MARION 'COUNTY SUIT. Thereafter at the meeting of the General Assembly in 173, a joint resolution was passed ((Acts of 1S73. p. 215, Sec. 71. Burns's Rev.), authorizing the attorney general to take charge of such proceedings and providing the manner in which the suits might be dismissed, adjusted or settled, unde r the direction of the Governor and lieutenant governor. I think it is a' matter of current history that this joint,, resolution was prepared and passed specially with reference to the litigation against the Terre Haute road. By virtue of" the authority contained therein the .quo1' warranto proceedings were dismissed and a suit was filed in the Superior Court of. Marion county, Indiana. The State was represented in that litigation by Hon.' W. li. Harrison. Solomon Claypool. a former attorney general. James C. Denny, and the then attorney general, Mr. Buskirk. I have a copy of the complaint which I have taken trom the papers on file in the Supreme Court and will furnish It to the House If desire. By an opinion in the daily papers, a copy of which I have and Will furnish to tne House if desired, the Superior Court judges. Blair. Newcomb and Perkins sitting, sustained the demurrer, and judgment was rendered in favor of the defendant, which was afterwards affirmed by an opinion reported in 4 Ind. at p. 207. In the opinion among other things it is stated that (I quote from the opinion): "The Legislature did not proceed in the manner prescribed by the 23d section, that is. by first calling for a sworn statement of the amount of profits and expenditures and expenses, and she cannot excuse herself from acting in the mode prescribed by the charter by showing that she pursued other and different means that proved Ineffectual." In 1S31 Mr. Cullop introduced House bill No. utf upon thi subject, w hich passed the House and in the Senate was referred to the committee cn education, which reported thereon, the report being found at Page 122S of the Senate Journal of that year. The bill itself did not pass and is the only one. of all the joint resolutions or bills on the subject of the relation of the Terre Haute road to the State which did not pass and that remains on file with the librarian. In lSi; a bill was introduced by Mr. 1 'assage, which was referred to the committee on railroads, but the bill got no further. I have understood that that was a very carefully prepared bill and have diligently endeavored to get a copv of it. but have been unable to do so. The then eliairman of the committee on railroad denies having it; the then librarian made a note that the bill never came to his hands, and the author of the bill says he never av it after it was referred to the committee on railroads. It would seem that possibly special effort has bcn made in the various sessions of the General Assembly to prt vent the bill drawn for the purpose of directing suit to be instituted against the read from getting beyond the special committee to which It was referred. In 1S! a concurrent resolution was introduced directing the secretary of state to forthwith serve a certified copy of the resolutions on the president or secretary of the company. (See Acts of 'S. PaRe 450. I am informed that ujxn the adjournment of the legislature the secretary of state refused to comply with this resolution. It would seem that if there was nothing in the claim by tho State against the com

pany that there would be no necessity for the extraordinary efforts that seem to have been made in order to prevent the possibility of a lawsuit, and whhe I have and can have no personal knowledge whatever on the subject. I have always believed that the interest of the State required it that the question of the liability of the rrfTroad company to the State ought to be judicially Investigated and that it should be determined whether there is in point of fact any liability, and if so, It should be , enforced, if possible, tind if not an end put to the contention. MUST BE PRESSED NOW. Recently the Vandalia road, the successor of the Terre Haute & Richmond road, ha3 gone into the hands of a receiver, and it is altogether probable that before the next General Assembly of the State shall convene the receivership will be determined, and; therefore, it will be too late for the State to make any claim anywhere, so that unless something is done by this General Assembly practically the claim of the State will be lost. in tne complaint heretofore referred to it is alleged in tne Iirst and second paragraphs mat there was uue to tne State a minion and a half of dollars; in the tnird paragrapn it is alleged tnat there was one nunured thousand dollars ciue to the State lor moneys megany demanded and received lor the transportation oi troops and munitions of war. As to the tnira paragraph. 1 think the adjudication is prouabiy a complete oar; as to the lirst ana second paragraphs, 1 think it prooabie tnat tne adjudication is a bar to any lurther action uniess the General Assembly shall, by antecedent legislation, make a case dirterent irom the one presented then and to do that

successfully, will require tne exercise of wise legislative discretion. It will be oberved tnat Section 2J provides that the legisiatuie may so reguiate the tons and iretgnts. atter tne aggregate amount of dividends declared has amounted to the lull sum invested and 10 per cent, per annum thereon, tnat not more than 15 per cent, per annum shall be divided on the capital employed and the surplus pronts, alter paying the expenses and re-serving such proportion as may be necessary lor future ton Ungeneies, shall be paid over to the treasurer of state for the use of common scnocls. and that It shall be the duty ot tne corporation to furnish the Legislature, if required, with an accurate statement, under oath of the oiiicer wnose duty it is to make it, of the amount of expenditures and the amount ot profits after deducting all expenses. It the road was still operating uneter this charter it would not be so dimcult to prepare a sufficient bill to cover the requirements of this He-ction as pointed out by the court in the opinion to which 1 have: referred, but on the Kith of January, U73, by a resolution of its board of directors, n.ed with the secretary cf state on the 17th of January, the road accepted the terms and provisions of the general railroad law, and since that time, as I am informed, has not operated or claimed to operate under its special charter, and this, as it seems to me, has greatly increased the difficulty of the situation. I do not think that it is possible within the limited time that this General Assembly 1 will be in session, for it, by a committee or otherwise, to investigate the accounts of the Terre Haute road from the time It be gan operations until it accepted the general railroad act, to determine with accuracy or precision what the receipts and expendi tures have been. The utmost that can be done, as it seems to me. Is to provide by law for the demand referred to in Section 23. and thereafter to provide by law for the institution of a suit to collect whatever amount may be due the State. But such ac tion will require careful consideration by the General Assembly and the preparation of laws will be sufficient to protect and authorize the enforcement of the rights of the btate. In such work or in any work it may be the pleasure of either house of the General Assembly to require of me it will be my duty and pleasure to co-operate but 1 doubt whether this work can lie as wiselv and satisfactorily performed by the separ ate action of either house as by careful and diligent work in committees carefully se lected with reference to their familiarity with such matters. THE RECOMMENDATIONS. With special reference to the resolution that I should make such recommendations for the best interest of the State as I should deem best, 1 recommend, 1. That a law be passed (as a condition precedent for the institution of such legislation as the General Assembly may hereafter direct), requiring the corporation to furnish the General Assembly with a correct statement of the amounts of expenditures, and the amounts of profits after deducting the expenses, from the time of the incorporation of said company until the 17th of January. 1873, as authorized by Section 23. and I submit herewith a bill for an act for that purpose for the consideration of the House or reference to the proper committee. 2. That a special committee either of the House or a joint committee, to be selected from the best legal talent obtainable in either house, shtll be appointed by concurrent resolution or otherwise, on which committee I suggest that the speaker shall be ex-officio chairman, to carefullv prepare a bid authorizing a demand upon the railroad company for an accounting and proceedings in court to enforce that demand if not acceded to. While it is somewhat unusual to call upon the speaker for such extraordinary services. I submit that, with reference to the importance of this matter (and there will bo few if any matters coming before this General Assembly as important as this), it is proper that the chairman of the committee, if it be a joint one, should be the speaker of the house. I regret to notice in the newspapers indications of a possible feeling between the two houses over the method of procedure. No steps whatever can be taken to protect or enforce the rights of the State without the action of each house. It Is obvious to all that for the last thirty years in one way or another action by the 'Legislative department of the State'of Indiana has ben prevented when it would have seemed impossible that such action could have been prevented. This General Assembly, in the efforts that will be brought to bear upon it to prevent anything being done, will find that it is no exception to the general rule, and if it is found possible, by urging either house, that the proceeding in the other house is not as desirable as the measure proposed in the one. the spirit of rivalry can be created and fostered In that connection, with all the other influences that may be called upon. It might be regarded as possibly endangering the success of cny well-defined effort to accomplish what undoubtedly the majority in both houses will be anxious to accomplish. The particular method of procedure by either or both houses is not so important as that something shall be done, and I beg to urge that hearty co-operation between the two houses to adopt that much-needed legislation, without which nothing can be done. The Rill I'fiAseri. The report was received and the bill submitted along with It was introduced by Mr. Spooner and passed under suspension of the rules without opposition. It is as follows: Whereas, By Section 3 of an act of the General Assembly of the State of Indiana, entitled an "Act to Incorporate the Terre Haute & Richmond Railroad Company." approved Jan. 2'3. 1S17, it is provided amcng other things that the surplus profits of raid road in certain contingencies shall be paid over to the treasurer of state for the use of common schools, and that it shall be the duty of said corporation to furnish the Legislature, if required, with a correct statement of the amount of expenditures and the amount of profits after deducting all expenses; which statement shall be made under the oath of the officer whose duty it shall be to make the same; and Whereas. It has been made known to this General Assembly that a large amount of money is due to the State of Indiana for the use of the common schools under said section, but the particular amount thereof is not known, and it is necessary that such statement shall be made In order that this General Assembly may be advised of what i legislation Is needed in order to enforce the rights of the htate; and Whereas. The books and papers of said railroad company are now In possession of the, Terre Haute & Indianapolis Railroad Company: now, therefore. Be it enacted by the General Assembly of the State of Indiana, Section 1 That the Terre Haute & Richmond Railroad Company and the Terre Haute & Indianapolis Railroad Company he and they are hereby required to make and file with the attorney general of the State for the use of the General Ass-mblv en or before the f.th day of February, " 1S!'7. a statement under the oath of the president and secretary of said roads showing First The amount of expenditures In the construction and operation cf said roads from the t'oth day of January, 1H1, to the 17th day c,t January, 1S73. Inclusive. Second The total amount of receipts during the corresponding period. Third The total amount of profits in said ro.-.d tluring said period. Fourth The detail of the expenditures. a. In tiie construction cf said rojd. b. In the operation thereof during the corresponding period. FlfthW hat disposition has been made of the profits. a. By way of dividends declared and paid from time to time. b. By way of reinvestments or other disposition. Sec. 2. The attorney general of the State do immediately upon the passage of this bill cause notice thereof to be served upon the president and secretary or Home member of the board of directors of the said I Terre Haute & Richmond Railroad Company and the Terre Haute & Indianapolis

Railroad Company by personal notice, if such officers or directors or either of them can be found within the State of Indiana and in the event that neither or any of them can be found within the State of Indiana, by . publication in a daily paper of general circulation, printed and published in the cities of Indianapolis and Terre Haute, by three consecutive publications, and demand ef said company the making and furnishing of said statement. See. C Immediately following the f.th day of February, 1Vj7. or sooner. In the evnt such statement Is tiled with him. the attorney general shall report te this General Assembly such statement, and in the event that such statement is not filed with him. to repcrt that fact together with the steps that have been taken by him to notify such companies of the passage of this law. See. i. Whereas an emergency exists for the immediate taking effect of this law. the same shall be in force from and after its passage. Immediately after the passage of the bill the resolution prepared by the attorney general was offered by Mr. Henderson and adopted without discussion. It is as follows: "Whereas. By the terms and provisions of the charter granted by the General Assembly of the Slate of Indiana on the Mth day of January. IS IT. to tho Terre Haute Ac Richmond Railroad Company and Its successors, such corioration was required to pay to the treasurer of the State of Indiana for the use of the common schools certain of the surplus profits of said corporation, as provided in said charter; and. "Whereas, No sum or rums whatever have ever been paid to the State of Indiana to the treasurer thereof for the use of said common schools, "Therefore, be it resolved by the House of Representatives, the Senate concurring. That a committee consisting of four members of the House and like number of the Senate, of which committee the speaker of tho House of Representatives shall be ex officio chairman, be appointed, and that said committee be required, with all reasonable dispatch, to inquire what legislation, if any, be necessary' in order to enable the State of Indiana for the use of its common schools to enforce as against said Terre Haute & Richmond Railroad Company and its successors the right reserved under said charter, and that upon such investigation said committee shall be and they are herebv authorized to send for persons and papers and make such Inquiries as to them may seem necessary In order to fully inform themselves, and. upon arriving nt a conclusion, said committee is required, with all reasonable dispatch, to ps-epare and submit to this General Assembly for Its action such a bill as in Its judgment may be necessary and proper in order to enable the proper suit to lie instituted and maintained to require said Terre Haute & Richmond Railroad Company and its successors to account for and pay over to the State for the use of the common schools under tho provisions of said charter. "Resolved, further. That in the performance of said duty said committee be and they are hereby authorized to call upon the auditor of state, the attorney general and any other officer of said State to assist them in the matter so committed to them, and that in the event they shall deem it necessary that they shall employ experts. for any purpose, they hall forthwith report to the General Assembly such necessitv. and their report in that behalf shall have precedence of all other matters then tending in either house. "Resolved, further. That upon the final report of said committee recomraencdng legislation the said report shall in either house have precedence of any and all matters as soon as the matter then pending shall be disposed of. and it shall be in order for said committee to call up for disposition the. report of the. committee with the legislation recommended immediately upon the conclusion of the particular matter then pending before either of said houses. "Resolved, further. That in the event of tho reference of the report of said com mltteo or of the bill recommended b it to

any committee or eitner nouse. u .-.. . . in order lor any member of the committee i.... tuts resolution, in the appointed unuri iwi.- w- . - event that a report shall not J he made J upon this bill witnin nve uay- nw " "V reference to any committee in either hous to require a report thereon forthwith and to recall the Fa ne from the standing committee, for action by tho House at large notwithstanding any rule of the House in which the bill is then pending. ACTION IN TIIK SENATE. Rill Tnimed and Resolution Adopted with Prnetleal Unanimity. The bill prepared by the attorney general nroviding for an investigation of the Van dalia claim passed the Senate with but one dissenting vote. The House resolution was also adopted. Just before noon the bill was received from the House. Immediately after the Senate convened in the afternoon the lieutenant governor handed down the bill to the reading dark, directing him to read it. Senator McCord obtained recogni tion and moved that the constitutional rules be suspended, theliill be read a third time, engrossed and put upon its passage. Sena tor Early made the point that 2 o clock was the hour for consideration of Senator Duncan's bill relative to the discharge of prisoners. Senator McCord then withdrew his motion temporarily, saying he did not want to interrupt a special order. After Senator Duncan's bill was disposed of the chair said the Senate would consider House Bill 243. Senator Duncan arose to a point of order, asking how the bill got before the Senate? He said the Senate was considering bills on second reading and the roll call had not been completed. As the bill had already been read a first time the chair held the point of order not well taken. Senator McCord then renewed his motion for the passage of the bill under suspension of the rules. Senator Early objected to the consideration of the bill under suspension of the rules. He said the bill ought not to be considered until there was a report from the committee appointed a day or two ago. He regarded the bill as premature and hasty. Senator McCord said that for the information of Senator Early, who had been out of town for the last few days, he would say the committee appointed the other day was "not In it." as the House had refused to concur in tne resolution. Senator McCord said: "I trust that this bill will pass. 1 am glad to see that the House has complied with the wish and expressed desire, of the attorney general in promptly enacting this measure, which was prepared and transmitted to the House by the attorney general this morning. When concurrent House resolution No. X on this same subject was before this body a few days ago I offered a substitute providing for a committee to do this same thing. I stated then that it was the opinion of the attorney general that the object sought by House concurrent resolution No. 8 could not be properly reached by an investigation as provided by said resolution. No accounting by that company can be compelled under its charter until action is taken by the Legislature demanding it. No such action has been taken and no such demand been made. This bill, as I understand it,' provides that this Leglslatuie shall at the present session enact such a law as will enable the State to prosecute her claim for any mon?y claimed to be due from the railroad company. I believe no other course is a safe one for the Legislature to pursue in this matter and I apprehend that the concurrent House resolution No. 8 was proposed and introduced under a misapprehension of the law which requires legislative action precedent to the passage of a bill authorizing an action by or on behalf of tho sat fnr tho reenverv of anv moncv claimed to be due to the State. I understand a resolution proposed by the attorney general was also Introduced in the House to-day by which an investigation of similar character was ordered. If this bill becomes a law then such an investigation can be held and the rit;ht to make it cannot be questioned." Senator Hogate said: "I would like to inquire whether or not the corporation known as the Terre Haute & y i i i V. ri t- nnt trk rt-t :ind that Its successor is now in the hands of a receiver?" . ... In replv Senator McCord said: "I understand from the attorney g neral that he has investigated the subject and that this bill prepared covers the question suggested by Senator Hogate. Now. Mr. President. I trust that this bill will pass in order that this question may be fully and fairly settled." Senator Hawkins said he understood the object of this legislation to be simply to confer upon the attorney general the authority to make the demand on th company 'for a settlement as required by the company's c barter. t On the roil call for suspending Uo rules Senator O'Brien ;?lone voted no. He also voted no on the final passage of the bill. The vote stood, ayes 42. nays 1. Senator O'Brien is opposed to the M'.l on the zround thnt the entire subject has been adjudicated heretofore. Before the afternoon adjournment Senator Hawkins called up House concurrent resolution No. 12 prepared by the attorney general and Introduced by Mr. He-iiders-oa providing for the appointment of a joint committee of four from each House. It was adopted without debate. Poultry and Pigeon Show. CHICAGO. Jan. 25. The poultry and pigeon exhibition given by the National Fanciers' Association opened to-night with entries of 2,eeC pou.try and 1,100 pigeons. 'Xhe various classes of pigeons and poultry are well represented.

TURNED INTO A FARCE

SAFETY HOARD'S RIDICULOUS "IN. YESTIGATIOV OF Ql'I.VX CASE. A Scandal That i:liie the tele. brated Hearlntr of the. lloipltnl Nure Only One Side Given. There is a story that has become aged with telling, about a man who was ea trial before an ignorant justice of th peace for stealing sumo small articles. Several witnesses testified that they had seen the man In the neighborhood of where the theft was committed and others said they saw the defendant with the stolen article-. Still others saw him coming from the homa cf the owner with the stolen property. The defense introduced nearly one hundred witnesses, all of whom said they did not seo the defendant take the projeriy and did not see him have ir. The magistrate, in summing up the evidence, said it was quite apparent that the preponderance of the evidence was on the side of the defendant, that he had produced more witnesses who did not see him steal anything than had been produced by the State to prove that he did commit the theft. Ho was discharged. It was through this process of reasoning that the Board of Safety yesterday reach d the conclusion that Quinn's saloon on the corner of West and Ray street, concerning which Mr. and Mrs. Pyne filed their formal complaint l.fst we-ek, is one of the most orderly places In the city; in fact. Is a place where any man might fe-t-I Justified in taking his wife and children for tho purpose of spending an evening. The matter came up on the report of Superintendent Colbert, who ru-s been investigating the charges tiled by Captain RItter as attorney for the Pynes. In short, the charges were that the grossest Immorality is committed in the saloon and in a room over it and that the place is constantly frequented, at legal and illegal hours, by people of the lowest character. Tho board met yesterday afternoon and had a private consultation with Clerk Herrlck and then came out Into the main office to take up the business of the day. Mr. Herrick made a show oi' having just opened a large envelope containing the report of Mr. Colbert, and then proceeded to read the papers. He first read the original complaint and a letter from S. A. Bellemore. denying that his wife knew tho contents of the complaint when fhe sigmd it. Then came atrianvits from every patrolman and sergeant who has had anthlng to do with the -district in which Quinn's saloon is located for the last year. They were all of the same tenor. The patrolmen had watched the place- carefully and on a number of occasions had gone through it. but they never saw anything that indicated a violation of the law. Tho blinds were always down on Sundays and no one was in the place. In fact, it was an ideal saloon that never showed the slightest thing to indicate a violation of the law. Then came a lot of statements from neighbors, of which tho following is a fair sample: "I have lived at for years and have often seen Quinn's saloon. It is usually quiet and orderly and 1 have never sv n any scenes like those described in the complaint. I have never seen any violations of the law at that place." (Signed.) After the formal readinrr of these papers Mr. Maguiro turned to Mr. Mack and Indicated to him that it was r.ow time for his part of the show to take place. "I move that it is the sense of the board that the charges are not sustained," ho said. "And that the officers in charge of that district aro not guilty of neglect," added Mr. Mag-uire. The addition was acceptc-d by Mr. Mack and the motion was carried. "I think It is plain." said Mr. Magulre. "that the evidence -lefore us shows that "there has been no violation of the law at Quinn's saloon. Of course, if Mr. RItter wants to do so he can ask for a further exnmination, but I should think this is sufficient." And yet the original complaint asked that the board make an investigation and subIoena witnesses to testify. THE BURNS ANNIVERSARY. Caledonian Clnh Observe It with an Excellent Concert. The Indianaiiolls Caledonian Quoitlng Club gave Its seventeenth annual concert last night at Y. M. C. A. Hall in celebration of the one-hun-drcd-and-thlrty-eighth anniversary of Robert F.ums's birth. Everything about the concert that It was possible to maVe fo. was Scottish, t-otti dialect and music of the songs, the recltatlonn, and even th- dar.clng and bagpipe, giving the occasion a. decided tlnse of bonny Scotland. The Arion Glee Club opened the programme with the chorus. "Scots wha hae." Kinging with excellent preservation f dialect the Scottish scng. President J. A. McGaw ma le a few Introductory remarks, stating tle purpot of the entertainment la celebrating the Llrth cf Scotland's bard. Robert Rums, and thn the Nell Quartet, composed of MlFfti Galvin and Mlnthorne and Messrs. Nell and Meek, sang "There was a Lad." The rollicking Scotch lalla J was rendered with admirable effect and the ringers received a decided encore. President McGaw announced that by reason of the length of the pn gramme it would l Utter to disjwr-nse with ncores. hut Liter In the evening his ruling was forgotten and encores were given rejieateeily. Rev. J. Lltttll made an aMres on "The Secret of Burns." He spoke tlo.iiently of the many beautiful things hi the clnrncter of Burns and mentioned as well the mlf-taks in the poet's life, p.ut he called ii on his hearers t ju ire the man by the general ten r of his life and character and r.ot by the ni.-taks that marr-d it. Be malntalnd that the secret of lturns'n lower was his thoroughly religious character which Is exhiLlted in his ;-ocms. Mi.-s Nellie Camerrn th n Kin "Loch Lomond." She made herself an Inrtant favorite with the au'iience and was encored wh thin and every other time fth s-oc. John Coults anl J. T. Stewart tcck the audience captive by eecutir. a Richland fame in native cotum to the. wailing notes cf a reil , t;ixpf "fklrled" y Prof. James Hrywn. An attempt was md to recall them, but the y trims men refused to dance 8Cin- ' Mr. Peter PjitIf: Scotch birltone, ang "The Hattle of Stirling Hrljr." and th.-n MIfs Ofn.an recited "How the latie brak the botvl." Mls Ot-man was attired In Ilifthland costume and captured the audience rte.uiy us much tv reason of her dainty appearance os ty hr cxclVnt dialect. Her sppearsnce on th- Ftnr throughout the evening was the pisrrml fur ej-plause. Mls Georgia Clalvin fansr well. "S-.ttlvh lJ!uUells." and ehe. too. hr.u to r--iw-:nd to n encore. The Arion ilce t'luh erre cn csaln and tans "Ye Hanks and fir&es." The second part of the programme !git-i with a piano fo!o by Mrs. CauKhthran, v ho acted as aceomranht dcrlng th evening. Her t-elettlcn was "PJack Watch Fur.ta:n on Scottish Airs." Mr. Ed Nell s;ir?g lr fine vr Uo th- touching ballad. "Key's Wife of AMlvMloch." ar.d th slee club fan apaln. "A llnthlm I Lad." rr-.KM-nt MetJaw announced that by ruet Mr. Jrhn Kerr would sinK "The Scott. h V.mlK rant." He was warmly Bret ted tr.d currqclk-d to reond to an encore. Mlfs Ma Virginia, I)el:,arte artlsd. rave a pantomime. "Con-. in Thro' the Ityc." Mis' I1vln fjntnrfr the word. She r-rixirdd to the applause by Klvlr.tr "Tne Suawme ttlver." Mr. Morris Meek snc a tenor ch. "My !ove 1 Like a Red. K-d rto." which was wt-U rendered, and then Ml Osmsn !?a-e another r" ttatl-n. "Fandy Grays Jaldiw." Mr. Iunts sane again. "Hums ar.d Scotland Vt." and the Nil Ouartet can? "Hob.n Ad;-lr." r.c of th t wt thirds of the ereninr. M'.:s ""smeron ariard araii to pinr "Thia Is No' Mv Am I'hld." and apnln reeeived an T.eore. The lub "A ft on Water." and the programme closed Alth "Arid Lan? Svr.e," In the sir.jrmq; of which the audlcr.ee Joined. (Hobe Trottlni; In Zero Wenther. c;. M. Shillinjr. A one-aimed "ckd-trotter." Is In th city on h'.s way to l'ittsbun?. h way of Cincinnati and Colurr.bus. He 1. ft. Iitts! urg April 20 last and dairr... he is to ai!; from Pitl.hurj tr San Franc 1mo and ra k In tn riwnths. earning l10r" on V. e wy. H- now hats atout 50) of this HtncuRt .rl has i:?:tU Feb C b f n!h hi alk. His tVv.' "Klrc II." walked the entire dl?ter-e with Schdlinr in M'it of the coll weather the -SeMTian n la 1 frepi Gleei;ta!le yes'.er.'.ay. H remain In this city vs :it 11 to-morrnw xr..;rn!ns. . !u i. m w;M ttrt to inctnriutl. He tx'.ut to ir iKjt it:.tane in three The May rertlval Itelienral. The weekly rehearsal ef th May fotlvad Chorus was hell last nlstt at lllf h S. hool Hall and the severity of the weather dimlnljhel the. usual biff attendance but little. Mr. Krueattncff conducted the rehear.!, whlih accuifi; lishe I excellent results. Mr. Rmttir:-ff himself sins an 1 hit voice was excellent s "tdar.ee on many oc"htor.s durlrs the cvc:n r- The ace. :n;uMn'. nt ti lie- .!aj.o wa ouiU lasted at time. Mr. Krne'tir.crt ecnipl Indented the enctus d-jt.r.x lt evening cn the excellence ef the t.ne cuh.r h'.UU it U ucvrleidn.' jar. Van tier ;tut.n will v vuduct tb renea.'sal :wxt iiorav . ti:.uj.