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Court Decisions That May Put the French Lick Tiger Out of Business.STATE’S POSITION IS UPHELDBobo “Hotel” Near Danville—Woman Killed by a Hying Fragment— Hoosier News Notes.Indianapolis. Oct. 7.—Progress to-■ward putting the French Lick Springs Hotel company and the West Baden Springs company on trial for their corporate lives was made for the state ■when the appellate court denied a petition for a rehearing in the suits to forfeit the charters of the two cone panies. Another blow was suffered by the French Lick gamblers, when the supreme court reversed the decision of ; Judge Burk irk, of the Orange county ' circuit court, in quashing indictments * against persons charged with having ; visited “a gambling house near French Lick.” lt;Appellate Court's Decision. 1Of the two decisions that of the«ap- j pel I ate court probably is the more important. The effort of the state to have the charters of the hotel companies declared null because of a vio- i lation of their charter rights in permit* * tnlg gambling has been held up pend- i ing the court’s decision. Judge Bus- 1 kirk, sitting in the circuit court at Paoli, had held that no action could be maintained against the hotel companies to forfeit their charters, as the slate sought. His decision was reversed by the appellate court some months ago, tout a rehearing was petitioned. The • rehearing was denied, making possible . immediate trial of the cases.Goes with Every Grant.Judge Roby, writing the opinion of the court, said: “An implied condi(ion j which goes with every grant of corporation |Kwer is that the corporation thus created by the state will not violate the criminal law. * * * Corporations are only indictable whore the legislature has specifically provided that they be proceeded against, and lt;such provision has been made in a ] limited number of cases only.” * * * ] State Not Without a Remedy. ^ ‘ The judge spoke of the difficulty in enforcing penalties against corpora- 3 tions and then proceeded to «iy that 1 the state has not created an artificial i persoji above the law and superior in power to its creator. When the im- 3 plied condition above referred to is dis- 3 regarded, and the corporation enters upon an aggressive course of lawless- 3 ness, it may in such a proceeding as * the one at bar be deprived of exist- 1 ence, thereby reaping the reward of its own wrongdoing.” 3
Newspaper Details
Goshen Daily Democrat
Goshen, Indiana, US
Wed, Oct 07, 1908
Page 3
Full Page
Clipped by
Christian T.
NA, NA 23 Oct 2024
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