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THE INDIANAPOLIS DAILY SENTINEL FRIDAY MORNING, 31 ARCH 13 1885.
OmUiiont and curtailments of this report
for fcunf vftpnu in Viae eohwu will appear in
anopventiix to Volums A'JC of t lite vier
HOUSE OF REI'KKSKnTATIVE.
TntWDAT, March 12, 18V Da. rn.
IHOstcniJiU ATTORÄ K .
Mr, bVMlH called npa motion intend
torn daj i to recall from the frienate the
1111 III. l: 377 to do ftwsy with certain fcrs
of ;rcfrct.th)- attorney!, wblch till pad
Mr. (5O0DINU: It wan panil here by it
trnjorlty vote, and I do not Mre why It
ihonld to rrcalleJ. I know that proecat
inir attornrv have been Lere to light It.
Mr. MUCK: I vote! for the bill, nd I
wr olJ like to know II thla move la t3 rson
Mr. tiKACS: I iimferitaml that the ;entle.
mutt from Marlon County (Mr. Januion) has
ytvt n LclUfa that he will move li rccun
Mr. KOlilNSON: 1 undfrittnd that pro.
rntlPK Attorneys have been HhtlnR this bill
an! mlareprfrentlug it In the Hinate. This
t. ll ruakes but one short amamlmftnt that
l'rcif cntora ihall not receive the ?3 fee where
the defendßnt goes ivllllriRly leforo a Janice
cf the Trace ami enters a plea of cuilty. If
tbe rroeeutor or his de pnty 13 seither prev
ent, the Justice shall not send for him. J(
the 1'roeecutor has worked no the ca3 he
tust be pm eut upon the calling of his case
M.Jclahn hit fee. Hat tho JaUice shall not,
as dow, when he taxra up the cost, enter a fuc
of for the Prosecutor, when the latter
may cot to pre sent or never have heard of
th cap. This bill is to check this practice.
Mr. J.OYI): I desire to mako the point of
crdtr Uat tho merits of tho bill are not
proper fcr dlscnssion at this hour.
The Sl'KAKKK: Only in r limited de
creewhether the ilorjpe wlshe3 to aiin
take up the bill, having not folly understood
it. I will toy ttiii much for my?elf : I voted
ayaSnst the bill, but with certain amend
n.enta I can vote for it. In it3 present lan
guage it is liable to defeat in the Senate. If
the bill la to changed that any guilty man
epalnet whom a case has been made through
the ellort of a Prosecutor may not, to save
costs, po be!ore a Jtmice and thus keep the
t'rctfcntQr from lets that he may have
ilr. MOODV : It is a little ditllcult to votd
lipon whether the bill shall be brought back
or ret nnles3 we understand something of
its provision. The bill destroys certain
lees ci the I'rcsacuting Attorney. A law
has been on oar statute books for thirty
years that if a man violate the criminal law
he shall not be his own prosecutor. If he
assault his neighbor ho shall cot go to a re
mote part of the onnt7 and there enter a
plea of frailty and prosecute himself. This
bill proposes jest sach a procedure.
The motion to recall the bill was agreed to.
AITLLL ATE COURT,
Mr. SMITH, of Tippecanoe, called up his
rr.otion, heretofore made, that the vote on
tte bill S. 45 see pp. 175 and 212, vol. 22
treating an Appellate Court, be recon&id
2ir. FATTEN moved that the motion to
rtccr iider lie on the table.
The motion to lay the motion to reconsid
er cn the table w a rejected by yeas 37,
1 ending the roll call-
Mr. GOODING, pi! inin; his vote, said:
I'ecacfe the bill wa? tLw"T'?hly discassed
bea up before, I vote "fc,o" tj lay the mo
t tlcn on the table.
Mr. MOCK, when his nanoe wis called.
ia:d: Because an Appealate Coart will
create nnxecesary expense, and because it
, was before fully considered, I vote "aye."
Mr. MOODY, in explanation of hi3 votf,
aid: Because I believe the court is needed,
I vcte "no."
Mr. McIIENRY, when his name was
called, eaid: Before I voted for the bill, ac
cording to the wishe3 of the Fort Wayne
hrr. Now I shall vote my own con victiona,
and vote "aye" to lay the motion to recon
sider on tbe tabla.
Mr. SMITH, of Tippecanoe, explaining his
Tote said: Without paying how I shall vote
cn the till, and in order that it may be more
tally examined, I -vote "no."
The vote was then amended as above.
So the motion to lay the motion to recon
, cider on tbe table was tabled.
The motion to reconsider was then agreed
Mr. SMITH, of Tippecanoe, moved that
the bill lie on the table and that 300 copies
The motion was agreed to.
F.FCESS TILL MONDAY.
Mr. PENDLETON submitted a resolution
that it is the seme of the House that wh9n
it adjourn in the evening that it adjourn
until Mondav morning at 'J o'clock.
Mr. STALfcY: The House should not lose
tim, ps the Senate is far ahead of the House
with the business of the session.
Mr. FATTEN said that but twe days would
be lct, and most of the members had pri
vate business at home which demands per
.orial attention. As an extra session was
called, many have not their private affairs
Mr. GORDON: If yoa adjourn this even
irg until Monday afternoon, yon lose three
clays waste that much time; and that Is the
A inly thing you can make of it. I move to
amend eo ihat the House adjourn to meet on
Tbf amendment was rejected.
The motion that the House adjourn until
i o'clock cn Monday morning ws agreed to.
Mr. OVERMAN'S bill U. R. 472 concern
inc taiation was read the third time.
Mr. ENGLE: If I understand this bill it
proposes to tax the borrower for the money
which he may be unfortunate enough to
have to borrow, and it makes a lein on the
property for these taxes. Foreigners who
have money loaned in Indiana will compel
tte borrowers to pay the taxes upon it.
They will do it in some way or manner. It
is another system ot doable taxation. Taxes
fce compelled to ray taxes cn the money.
Mr. ADAMS: This bill is a top toward
equalising taxation, yhich is no; in this par
Mr. EROTVXLEE: In eases nf mnrtw
cn real estate, deed of trust or other means
,j which a deb: is secured, the bill says tie
value of the property affected by the
mortgage shall be assessed and taxed to
the cwntr cf the real estate. I
may te taxed on $2.000, and
if 1 mate a lean the bill eays I shall be
taxed cn the value of the real estate k?s the
v.iue of the mortgage. Sol am cot doubly
taxed. This tax may, ander the bill, be
I aid br either the owner of the mortgage or
, ty the borrower.
Mr. GORDON: The bill i3 in the right di-
recr.cn, but otcause it uoes net g rar
fcccgh I think the bill Ehould not pass. It
worts an inequality.
Mr.EOOE: I hope this bill will not become
a law for the xea3cn th3t I believe it will de
bar to a great extent the men who desire to
mortgage their real estate rrom doing so. It
becomes sometimes aa absolute neces3ity in
business for owners to mortae real estate,
and under the bill the mortgasee pays taxes
to the extent of his loan on the real estate.
He baa to contract for interest under the
xisting law. and out of that interest pay
iiis propcrtica of jiuea ca tne Und, There
fore, In the fed th rcortgiKPA will receiv
but a very small per ctut.on his loan, which
fact will drive money )n4deri to use their
moccy In other ways, aod the rmtt will be
that holders of rvl estate can not obtain
money upon mortgages. I rectrd the bill ai
in obnoxious one; can not rote for it and
bore it will notpMa.
Mr. HOWELL: I think the lawas It standi
is mnrh fairer than the bill.
Mr. ft IM MÖNS: The anpralied value cf 200
acres of land is, say $1 4 OD, bat It is sold for
VM on which thern li raM In cost ?1 500,
and that leaves )0. Now take tbe ar
praised value, f 1,100, from the ?3,foo and
there remains il, 100 eiemtt, by the parties
xnaklnj? long trn nt 5 pr cent, say for six
years cn the ? Voo. The aversRe appraise
merit on land is absnt $12 in tbe county of
White, nul tbe avrrae Mlllntr price for
rn?h om! on time Is from $2to $'' an acre.
This liiows how the bill would operate.
Mr. ItrtiT: 1 think the arguments here
p;ilrM the Mil are unanswernblo. Indiana
cannot al!onl to adopt auy flat theory of
klrd. If voti tax a man In Ohio on the
xmrtrnge he holds on Indiana land, you
will dtlvr the money lenders from Indiana
If this bill poihen ycu tax a man on his real
utute without ro'.nrd to his indebtedness. It
it I a?s it will exempt two-thirds of the taxa
ble property in the Hate. Itecanse a man
has a riicrtgoge over him ltdoesnot mako him
richer or poorer. 1 owe ome debts for which
I have rot k'lven a mortgige. Giving a
mortise for that will make mo neither rich
er or poorer. If I borrow $1,000 and
plve a mortgage for it, I have the money
tr.d I eta no joortr, bo I fehonld not be re-
Unitd from taxation upon that.
Mr. EOYD hoped tho bill would cot pass,
8 It was not etlectnal.
Mr. OVERMAN: The bill may not cover
everything. Ecmegentlemen think ltdoesnot
far f nouph, but It is far better than the old
law. It is intended to destroy double (axa
tlcn. I had experience with California laws,
of which this bill is a ropy, and it was foand
to work well there. The only class of rueu
in Irdiana I find opposed to this are law
jee, rrcney lender and bankers. Farmers
and bss'ness men now favor it.
This Js the only bill I have asked
for, and as I am by tho Appor
tionment bill legislated out of oilic?, and
con never have an opportunity to present a
bill at a subsequent General Assembly, I
hope it will pass.
The bill was defeated by yeas 31, nays 12.
TenOirg the roll call
Mr. BARNES, explaining his vote, said:
My.cbicction to this bill is that it will al
low' möst oi te railways to escape taxation.
I vcte "no.".
Mr. RAllNEY, in f xp!crMicn ct his vote
said: As it will necessitate our sending
every ss-etsor to a law school before he ii
competent I votn "no."
Mr. BROWNING, when his name was
called, ?a'd: For the resson that I believe
thisbiJlisiu tbe interest cf corporations,
and egaicst the common noople, I vote
Mr. DONflOST, explaining his vote, slid:
Fcr the resson that the bill will make cec-
espsry an increase of taxation in Indiana,
and will exempt a large number of corpora
liens I vote "no."
Mr GARRISON, when his nama was
railed, siid: For the reason that it will
iase taxes wr.ere it should te, and for the
reason that poor men all over the State are
calling for it, I vote "aye."
Mr. HOBAN, In explaining hi voo, slid:
It will lead to confoeion. and while I believe
that something in this direction is needed,
5 et I do not believe that this bill hits it, so
I vote "no.:'
Mr. OSBORNE, when his name was called,
paid: I like this bl.'l for its good intentions,
but in its present fcrm I think it should not
become a law, so I vote "no."
Mr. PLEASANTS, in explanation of hia
vote, Faid: BecauEe I like the bill und be
lieve that it is demanded by my constituents,
I vote "VP."
Mr. REEVES, when his name was called,
paid: This bill will relieve the burdens of
the hard-working class, and I vote "aye."
Mr. ROBINSON, explaining his vote, eaid:
Bt-lievirg that while all property should be
taxed, near should be dcubly taxed, I vote
Mr. SMITH, cf Tippecanoe, in explanation
raid: I do not believe that the bill will do
what i claimed for it, but wiil lead to con
foficn, I vote "no."
Mr. SMITH, cf Warrick, when his name
was called said: In view of the fact that I
believe it will relieve the worthy, I vote
Mr. BREAKER, in casting his vote, said:
1 was first moved to vote a.iinst the bill,
but after the ileal appeal of the gentleman
from Lawrence (Mr. Overiran), I ehall vote
The vote was then announced as above.
So the bill was defeated.
AEAK POSMEST qF CFKK'E.
Mr. REEVß' bill H. R. 52S concerning
the abandonment of effice and the app iiui
ment of an officer was then read the third
Mr. REVES moved to amend eo that tht
bill shall not apply to any deputy who may
have been appointed prior to the passage of
this bill, and that tbe bill, with the amend
men, the rt committed to the Committee ontlu
Jcdiciary. He said: I want the bill to ex
clude the Deputy Recorder of Johnson Cou
tv. The Recoider (J. B. Clemmer) ran awa
heavily involved, and his brother, takir
hold of the cfiice, has brought the chaos üf
trouble into shape. I tave here a long peti
tion frcm people, irrespective of party, who
oppose the bill.
Mr. BROWNING: I think the bill should
not pass. As a fact, it Icoks to me to be un
constitutional. However, to recommit
would give time to examine the case froai
Mr. RIVERS: This certainly i3 a Demo
cratic county, and the successor, if any, to
tbe Recnrdeishtp, would be of tbe same pol
itics. This man, said to be deputy, is not a
deputy, nor never was. In two or three
weeks after the Recorder disappeared th:
man, now in charge of the office, oflVred and
tcok the oath of cftice some twenty-five
days after the Recorder was gone. It was no
Jlr. PATTEN moved that the bill be in
The Hccso took a recess till 2 o'clock p. m.
r.CL3 TILL SATURDAY.
Mr. SMITH, cf Tiprecanoe. by consent, of
fered a resolution that when the Hcuaa ad
journ it adjourn until Saturday noon, to
favo a cGE&tiUticnal point.
TLe met ion was adopted.
THE CIFICE VACANCY.
Tbe Hcuse then took np the unfinished
business, the question oeing on ine mouon
of Mr. PAT TON to indefinitely postpone the
bill H. 11 523 to dsclare a Recorder's office
Mr. EROWNLEE: There is noway under
the law, es it is, that an office can be declared
vacant. If any efficer runs away his oülee
can net be declared vacant. So the bill is
net local in its character. If a man is
elected to an ofiüce he should attend to It
or vacate it. The effect of this bill is to put
a few cennty eßleers greater vigilance in the
discharge of their duty. There i3 a quo war
ranto rrcceedings in which a deputy may
te cited to appear and show by what
authority he acts, but that is the end of it.
If he act? frcm no authority it can not be
helped. If a man ehould lock up his office
and leave yon can not tinder the present
Jaw declaie the eiSce vacant, for tae ieas?a
that yon have no tiefend ant to serve In the
eae. You ran not pnt up a itrtwm.ia ai
defendant and try the case. I do
not know a tblngaboat the Johnson County
case. I am not trying that. I favor only t
f eneral law, I want to protect people there
n the record of their deeds, it the present
incumbent of that office has not the proper
The SPRAKEN: I will Interrupt the pro
ceedings for tula statement, I wish to with
draw from the House now to catch my train
for home, and I will call the gentleman from
Dearborn (Mr. MoMullen) to tbe chair. I
would advise that you dtscuis this question
at will and then adjourn until ritnrday. I
I tee that there is not "sufficient number of
menitern" to Ive the bill a vote.
Mr. UK MM: It has been rougbt to kill
this bill by recommittal. I submit that the
effice ought to bo declared vacant. The Com
mlaiionersof that county should have the
r'ght to appoint a man to that office, to save
all questions m to legality,
Mr. MOODY: It 1 said here that yon can
not declare an office vacant, when an officer
has absconded, becaute you can not have
personal service. Tho law says that personal
tervlct may be had by leaving tho summons
at his lait placo nf residence. To be an offi
cer, a man mmt be a resident of the county.
This is a proposition for special legislation
for if the bill is pasted, it goes through with
the express puri oe of accommodating John
son County. Under the pretent law the
Conrtmay yacate tho office, The people ot
Johnson County want this case left where
It li in my opinion. I have heafU nothing,
but I to Jtu!,;e because tbe bondsmen ara
not complaining of the man wh) is no
Mr, REKVES: In ward to tho3 bond
men, I am informed that they did under
take to turrender the office, and the Judge,
as able a man as there is on this Ihor,
and be in open court did not lind
authority to remove the Incumbent. In re
gard to the people, I represent them, and
they want the office vacated. If some other
gentlemen here represent Johnson County
more than I, I propose to go home and re
main there. If the measares proposed by
this bill are already on the statute, why op
Mr. GOODING: It the gentleman will al
low me a word: Some of the provisions are
in the law, tut not all, and some of those
not in tbe y w we oppose.
Mr. RIVERS: That Treasurer has been
gone four r oniis. I believe he is dead. I have
teen told ' at there is not a man in John
eon Count ,vtg can locate the last resideace
Pending action upon the motion to in
definitely postpone the bill
The house adjourned pursuant to the order
heretofore adopted till Saturday afternoon
at 2 o'clock.
The I., D. and S. to Pass Into the
Bande of Ita Owners Tho Van
dalla and the East-Bound
Officials of the Illinois Midland state that
arrangements have been made whereby that
read will secure a direct route to prominent
points in Nebraska and Kansas. A thorough
announcement of the route will be made
shortly and the Midland expects to enter the
field as a prominent competitor for West
bound passenger business.
The roads which contemplate the adoption
cf the electric head light are at present con
sidering the question as to whether or not
the increased brilliancy of the light will
warrant the expenditure of a large sum of
money to place it on all pa?senger engines.
An electric headlight cost about five times
as much as the ordinary oil liht, being in
every, way its superior, and requiring but
very little care.
A railroad man says that the trunk line
peel has about gone to pieces, and the act of
Ccmmissioner Fink in ordering a reduction
in ratf s from Chicago to New York is for the
purpose of keeping it together. The pooling
s stem, he says, is in a demoralized condi
tion, and this is one of the methods resorted
to to keep it intact. It is generally conceded
that little or no money is being made by any
of the reads at the present rates, the expenses
of transportation being barely paid.
The Vandalia within the past week has
seriously considered the question of giving
notice of withdrawal from the St. Louis
East-Bound Pool. According to the pool
agreement sixty days notice 19 required be
fore withdrawal in order to give the roads a
chance to even up. A freight agent says
that he does not believe the Vandalia would
withdraw without giving notice, for should
the pcol be broken up at once some of the
road a would be left with a balance due them
and no one to pay it. This same railroad
man, whoie headquarters are in St. Louis,
says that it Is the only city that has evr
maintained a genuine pool, Indianapo'; .
Louisville and Chicago, he says, have
called pools and make a pretense of even i:?
np on freight, but it is only a pretense. T. i
St. Louis pool is a money pool, and when
road comes out ahead in its percentage a
has to give a check to even up.
MEETING OF THE MONON DIKECTOP..
New York, March 12 At the meeting ot
the Directors of the Louisville, New Albany
and Chicago Railroad to-day, the following
officers fcr the ensuing year were elected:
President, William Dowd, of New Yor.
Vice President and General Manager, Job ;
B. CaiECn ; Secretary and Treasurer, W. li
Lewis; Assistant Secretary and Treasurer,
William Dalles, Jr.; Executive Committee.
John Jacob Astnr, Samuel Sloan, Robert
Lenox, William Lowd, R. G. Rohton ano
Robert R. Hitt.
ASKUAI, RErOttT OF THE EEE LINE.
Cleveland, 0., March 12. The annual re
ports of officers of the Cleveland, Columbui,
Cincinnati and Indianapolis Railway Com
pany, were submitted to day: Gross earn
ings for the year endicg December 31, 1334
were 3 S11.712, and expenses and interest,
3,518,525. The decrease in grots earning
compared with 1SS3, was 12U percent., ano
gross tonnage 7 per cent. The bonded debt
of the company was increased during th
yar by $1,021,000, and now stand at $3,81'),
CCO. The cause of the increase was for tbe
purpose of securing control of lines between
Indianapolis and St. Louis.
THEY ABANDON THE LEASE.
Fcr rearly i year past the I., B. and W.
people have been contemplating the aban
donment of their fifty-ye3r lease of the I.,
D. and S., which wa3 made about three years
ago. During this time the I., D. and 8. ha3
been barely able to pay operating expenses.
and, Daturally enough, the I., B. and W.
folks were anxious to get it off theihand,
and it eeems that they have succeeded ad
mirably. President Hammond, T. Atkins,
Secretary, and J. Probst, one of the stock
holders of the I.. D. and 8., and J. D. Camo
belL General Solicitor of the I., B. and W.,
met in this city yesterday to make the final
arrangements for the transfer of the road to
the second mortgage bondholders. Mr. Ham
mond and party tock a trip over the road
yesterday moroiDg, returning last night.
and to ffcy ;ie ceceu&ry papers jmkjns the
transfer will be signed. General Solicitor
Campbell in conversation with a reporter
yesterday morning (aid that the L, B. and
W. did not abandon the road with a view to
purchasing It, It was a bom fide transfer
to the owners who will operate it them
selves. When the I., B. and W. leased the
road it was with the intention to extend it
to Bt. Louis, but owint? to hard times thev
abandoned the idea. It was now their in
tention. b4 said, to fctnre if possible the 6t.
Loots division bf the T. C. and SU L . and by
making it standard gauge west of Veedcrs
burg secure a good route to the above point.
It is nnderstood that the owners ot the I.,
I), and H will now operate it mainly for lo
cal traffic, and there is great relolclug over
the traniff r. They will take porstulon ot it
as soon as the details of the traniferare
The Democracy of Tipton County are not
In the best of humor, and, itrange to say, it
is not the Republican party of whom they
The selection of the President's Cabinet we
recognize as having been made with great
care and composed or the best men of the
Nation. Yet we had hoped that the Presi
dent would not fall to sec, that of this great
Nation, thy event was the lever that furn
ished propelling power to onr ship of ttate,
and iu recognizins this fact he would have
selected a Western man; one who was
abresstcf tb- spirit of advancement and civ
ilization of the age in which wo live, a ul
that he would telcct in a inemtnr
cf his Cabinet, one who wiuM
rot only represent the greii Weetandthe
Democratlo party, but the entlro people;
one who is known and respected wherever
there la a man who toils for his daily hrea J,
or wherever there is a man who loves
liberty and "equal and exact justice to all
men." The honored name of Joseph 12.
McDonald, the lawyer and statesman, is
familiar, and while the Cabinet is not just as
we would have male It, it is a good one, and
one that will give entire Satisfaction to all ;
and tbe Democracy of Tipton County will
give them the same unswerving devotion
which has ever characterized them in the
party. But it was not of this we started to
write, but of the late Congressional gerry
mander. Now,, in sfurting out, Mr. Editor, we of
Tipton County need no one to stand np in
defense of our Democracy. We invarnbly,
as yon well know, vote the ticket without a
rcratcb, and at each election add to our ma
jority. Yet the Democracy of Tipton County
repudiate this unjust act, which rob) our
able RepresentDtive in Congress, Tom Ward,
cf his hard-earned laurels. Wo repudiate it
also because it disfranchises legal voters, and
does not give what we have clamored for a
After tbe gallant hght Tom Ward made in
in which be defeated one of the oldest
and ablest representatives in tbe Republican
party, and at tbe last election, when ever
eCort that man could make was put forth in
behalf of a public spirited citizen, an able
man and a gallant soldier, who had served
his country faithfully and well; yet, while
Blaine carried the district, Ward a;ain had
a good round majority over Hon. Charles T.
Now I ask is this act justice to Ward? Is
it justice to the gallant Democracy of the
Ninth District who have fought their way
np from an overwhelming Republicsa ma
jority until the d'strict, with Ward as us
leader, is reliably Democratic. Is it justice
that they be slain in the house of their
friends? I answer my own question by say
ing it is not, and say to you, Mr. Editor
that the Democracy of Tipton County,
having learned that the Legislature would
be convened in extra session, desire that
Chairman Avery call a convention of the
Democracy of the district to meet at Indian
apolis at an early a day aa possible, and in
convention kt us demand that the law bs
amended by restoring our district to its former
proportions, and giving them to understand
that if it is not done wo will hold the State
ticket at the coming election responsible for
the job; and that the Ninth District
will at said election remove the
State ticket from our ballots.
It is time we asserted our rights and give a
lew men to understand that the success of tbe
j: arty Jean only be built up, permanently on
honest measures, and that the interests of
the neople are paramount to the interests of
a few men. It is time our leaders were learn
ing that the people will not stand the dicta
tion of bosses. TirTO.v.
March 12, 1S85.
Uauklng Under tu ludlaua Constitution.
The reason for prohibiting the incorpora
tion of banks not designed to issue paper
money, in Section 2 cf Article XL, is more
evident when we consider that there were
three parties in the Constitutional Conven
tion the State bank party, the free bank
party and the no bank party neither of
them having a majority. The last named
two parties did not favor the granting of ex
clusive chartered privileges to companies,
although they made a special and equitable
concession in Section 'i to unincorporated
The banking companies are treated in
Article XI. as unincorporated companies.
For example, in Section 9 it is enacted that
"no bank shall receive directly or indirectly,
a greater rate of inteiest than shall ba al
lowed by law to individuals loaning
mocey." The reason for not including
banking companies in this section must be
tfeat they being incorporated would of
course come under the same law that ap
plied to individuals, except where some
special exemption, as in Section 0, is made
in their favor, and, therefore, there was no
need to extend ihe enactment again3t usu
rious interest to them.
Almost anvone who reads ths first section
of article XI would understand that it
includes banking companies that are not in
corporated: otherwise the General Assembly
might authorize unincorporated banking
companies to issue paper money, thui
defeating Sections 2, 3, 4 and ". But
whatever the meaning of the name of
'tanking companies,' is in Section 1, it
must have the same meaning in Section six
of Article XI, which decrees that "tbe
stockholders in every bank or banking cam
pany stall te individually responsible to an
amount over and above their stock, equal to
their respective shares of stock, for all debts
or liabilities of said bank or banking com
pan" The courts must take one horn or
the other of the dilemma. If tbe individual
liability clause in Section G does not in
clcde tanking companies which are not in
corporated, then the prohibition clause
with regard to paper money in Section 1
dees not include them. A 'banking com
pany' in Section G is the same as a 'bank
ing company' in Section 1.
It may be objected that Article XI is
entitled "Corporations." But the title of
an article is no part of the constitution.
It means nothing, only as a general index
to the eye, and hes no authority. There
are divers cases where the enactments
of the constitution extend far bey
ond the titles of the articles.
This very Article IX itself shows that it ap
plies toother subjects besides incorporations.
In Section 21 it is Baid, "nor shall the credit
cf the ;ate ever be given cr loAsei in aid
of any person, association or corporation;
nor shall the State hereafter bicome a stock
holder in any corporation or association."
Tbe word "or" here proves that the persons
and atsociatlocs referred to ran not be cor
porations. The enactments are not affected
by the title of the article, and have nothing
to do with the title, any more than a finger
board on n road has to do with the location
of the road. Suppose for example, that a
post on which the finget board on a road
was fastened, should bm set awry, so that the
finger board pointed dlngonallv into an ad
joining field of grain, this would not author
ize the traveler to pull down the fenoe and
drive into the field. He must follow the
road; and to we must follow the enactments
of the constitution without regard to the ti
tles of the articles. Every enactment in the
constitution has exactly the same authority
as every other enactment contained therein:
but if tome of tbctn were modified
by tho titles of the Articles and
others were not this could not be so.
To say that quantities which are equal,
are at the tame time unequal, would be an
Again, the incorporation or establishment
of the two classes of banks dicrlbed in Sec
tions 2. .'), 4 and . ot Article XI. is expressly
anthorlred, and eo In Section 1 ', ''corpora
tions other than banking" are expressly au
thorized, but nothing Is said ot the incorpor
ation of banking companies Now If the
General Aesembly conld Incorporate just
what companies it pleased, this would have
lien a great waste of words; but if it has
not uch authority, then it could not incor
porate banking companies not designed to
hj pair tuonev, and yet by Section fi,
Artlc.'e XI, the individual liability cf the
prrti rs or stockholders of banking ompa
n'c s I? placed on the same level with that of
the MccfchoMfis cf incorporated banks.
'Reir liability extends to their stock, and to
ei: tu!d:t;o::al equal amount of their private
The word "Mockholdeis'' in Section 0,
Article XI, is t quivalmt to partner. Every
company, if tbe entire business of the estab
lishment is placed on the books, has a stock
account or partners account, showing the
amount of capital furnished by each part
ner; and each one is a stockholder to that
extent- It is entirely immaterial to anyone
whether the shares are $50 shares, or ?l
shars, of lawful mcney. It may be observed,
in addition, that the National banks must
come under tbe class of private banking
companies in their dealings with citizens in
their own State; because the United States
Constitution does not give the Federal
Courts jurisdiction in such cases.
W. H. M.
Indianapolis, March 12, 1S5.
Another Hearty Second.
Illchmond (Va.) State.J
The New York World nominates Hon.
Allen G. Thurman for the French Mission
and calls for a eecoad. The State takes
pleasure in responding. Who can say too
much in praise of a man whose birthplace
Virginia :s glad to re, whose superb talents
Ohio has long delighted to honor and in
whose statesmanship every American can
find just cause for pride.
Ilome Ittma and Tuples.
"All rour own fault.
If you remain sick when von ran
Get hop bitters that never Fail.
The weakest woman, smallest child and
eickest invalid can use hop bitters with safe
ty and great gocd.
Old men tottering around from rheuma
tism, kidney trouble or any weakness will
be made almcst new by using hop bitters.
My wife and daughter were made
healthy by the use uf hop bitters, and I
recommend them to my people. Methodist
Ask any Rood doctor If bop
Bitters are nut the bett family medicine
On earth ! ! !
Malarial fever, ague and biliousness will
leave every neighborhood &3 soon as hop
"My mother drove the paralysis and neu
ralgia all out of her system with hop bitters."
Ed. Oswego Sun.
..Keep the kidneys healthy with hop
bitters and ycu need not fear sickness."
Ice water is rendered harmless and more
refreshing and reviving with hop bitters in
The vigor of youth for the aged and in
firm in hop bitters ! ! !
"A? the change of lite nothing equals )
Hop Bitters to allay all troubles incidea
"The btst periodical for ladies to take
monthly, and from which they will receive
the greatest benefit, is hop bitters."
Mothers with sickly, fretful, nursing
children will cure ttvs children and benefit
themselves by taking nop bitters daily.
Thousands die annually from some form
of kidney disease that micht have been pre
vented by a timely nca of hop bitters.
Indigestion, weak stomach, irregularities
of tbe bowels can not exist when hop bitters
A timely " use of hop
Bitters will keep a erhole family
In robust health a year at a little cost.
To produce real, genuine sleep and
child like repee all night, take a little hop
bitters cn retiring.
EJTNcne genuine without a bunch of
green hops on the while label. Shun all the
vile, poisonous stuff with "Hop;i or "Hops"
in their nuraa
to some people U really only the result of the
u ?e ot knowiedgo and common-sense. Many
persona suffering frora
RHEUMATISM and NEURALGIA
hesitate about taking a remedy fearing It
will not help them, and they doubt whether
It really did do as much lor others aa is claimed.
This is not the way Mr. C. H. Bruner of
Urbana, Ohio, did. lie writes:
" Athlophoros la tbe bert I ever hied. I
wae down in bd eo bvl that I hai to be turned
on a ehet, and fo I trot a bottle of Athlopho
bob and tx-ran tafcn it at S o'clock, and I wa
pufferinu everything a man could pufier. I
toofc four dos-s of it. and I art out of bed my
pelf and ate my purler, and the next momintf
I walktd out to Lreakfatt -without canes.
IT IS WORTH ITS WEIGHT IN GOLD."
is not a miraeulou3 thir.j, but it u the only
tare cure for UheumatUm tm! Neuralgia,
and li will cure
just as easny &23 certalr, as it has tho-asanis
If you cannot eet ATHiorHOP.n of your dru;r-fr-it.
we will send it express paid, on receipt of
rezular price one dollar ptr bottle. We prefer
that you buy it from your drugi?t, but if ho
hasn't it, do not be persuaded to try something
eise, but order at once froia us, ts directed,
US WALU 57. NEW YORK
Wha! s a Miracle
MO P O I S'O'KF
IN THE PASTRY
Vft&Jil,I,rmon,.rft ttgr, tr., ftut or rfc
Craama, I'm! Jlit irt,.l-.,tt dHlrulrly aud Dai
orally uthrrt.lt kYoiu huh (hryarenad
FOH STKL.MJTII AM) TKUIJ FHUIT
TLiVOU THEV STAND 1Q3F
nemo iv Ta
Price Daklng Powder Co.,
Chicago, HI. Gt. LOula, Ma
Dr. Plica's Cream Baking Powdir !
Dr. Price's Lopulln Yeast Gems,
Ileat Dry Slop Ycait.
WC MA BUT OSE QU Ail TT.
1885 FOR THE YEAR 1885
Tho BscosBlzod Leading Dociacr&tla
:fot76papor of tho Qt&to.
8 Pages 56 Columns
The Largest, Best and Cheapest Weekly
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embodied in the
PRESENT THIEVING TARIFF.
TO INDIANA DZ2JOCRAT3: Since IfTOlE? 03
last annual prospectus you baye achieved a glori
ous victory In your State and aided materially la
transferring tbe Kaliocal Government once mora
Into Democratic bands. Your triumph tan beea
as complete as your falthlnlncf through twenty
lonr years was oeroic
In the late cainpaism. u In former one, tbe
Sextikel's arm has been bared In tne figrit. Wo
Blood eboulder to Bhoulder, as brothers, la tbe
conflict; enow fcfk your hand for the cooing
year in our celebration ol the victory.
Our columns that were vigorous with fljrht when
the tght was on will now, since the contest Is over,
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on Indiana ahairs it will have no equal. It ts
loir Mi Slate Faser
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