The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-04-19
REPORT OF sENATOR suonEs,

gret that / cannot entirely coincide with the
majority in their report upon the important
bill (No. 101 s. submitted. And feeling
called upon to present minority report |
have to say that in the amendments proposed
by me to the bill. have endeavored to Gov
er all essential points as regards public in
terests and requirements, and proper and
legitimate Legislative action. e0gt
While asserting to the proposition for the
appointment of board OF railroad commits
siouers, | propose to eliminate from the bill
all provisions comforting upon that board
power for the regulation of railroads, so far
as that power directly reaches and affects
vested property rights-a power which, IN
my view, cannot be exercised without serious
embarrassment and injury to railway inter
ests interference with the public conven-
fence and security, and detriment to the
common veal Of the State. In
| endeavored to make these points clear in
an argument on the general merits Of the
bill before the reference, and deem it I'M
necessary to go over the ground again The
constitutional poorer of the legislature over
the whole subject may be admitted as claim
ed. But it by no means follows from this
admission that this or other extreme powers
are to be exercised except with the utmost
caution, in reference to a state of facts
which Enthusiastically justiies, and public
exingencies which imperatively demand
The state of facts required, and the public
exigencies prerequisite are not admitted
to exist; and the propriety of the exercise Of
the power is not therefore admitted I.s (
In the amendments offered | have not de-
signed to provide for the exercise of doubt
full authority. The Commissioners are inves-
ted with power, as follows
l. To enforce police regulations to insure
the safety of persons and property transport
ted upon railways in this state. l
2. To enforce the laws TO prevent frauds
and mismanagem in the use of such rail-
ways; and all other laws relating to railways
where obligations are imposed and penalties
for the infraction of such obligations provi-
ded. -.
And believing that we have no such gem
eral understanding of the subject as to indi-
cate what, beyond this line, will be a safe
policy to adopt; and no such knowledge with
reference to alleged particular abuses in
railway management in this State as will
enable US now to apply adequate Or proper
remedies, / propose to exact from the COM
missioners, the discharge of the following
duties giving them all the necessary pow.
er in sending for persons and papers, and in
making examinations under oath, to accom-
plish the purposes designed ~
l. To examine as regards the regulation
of railways in other States by law.
2. To investigate concerning the partic
ular character of railway management il
our own State, and the abuses charged
thereupon. as4 1ss
3, 10 report to the legislature, in detail
the results of their examination, investiga
ton and action, accompanied with recon-
mendations, such as will afford basis Of
information-for the enactment of effectua
laws for permanently establishing an equ
table and just public policy and correcting
all abuses, which cannot probably be reached
by the laws Of trade and competition.
In sections II to l 5 inclusive, as proposed
it will be noticed that additional restrictions
and obligations are imposed upon railway
companies and managers, with penalties fol-
a disregard of these restrictions and obliga
tions.
The objects sought to be attained by these
provisions, are
1. To secure uniformity of tariffs as far
as practicable.
2. To prevent certain railway officers
from being interested in the purchase of pro-
duce for shipment over their own roads,
3. To prevent favoritism in the7receiving
and shipping of freghts. - 80.
4. To require the close and convenient
connection of passenger trains at intersect-
ing points and reasonable and prompt dis
patch on the part of every,foad 10 receiving
hauling and returning the freight cars Of
all other oads when delivered at connect
ing points,
The more prominent evils complained OF
by the people, it Is the desire of these sec
tons to reach and remedy, and they are
submitted in the belief that they will have
an important if not an effectual bearing in
this direction.
On examination of the recommendations
of the majority of the Committee, since
their report was made up, find that orl
differences with respect to three of the
points last particularly specified, are more
in phraseology than j.. substance; and per
maps the PROVE, oris they offer should be pre-
Iesteo--certainIy so, if they reach and GOV
er more completely the objects sought to b.
attained. On the fourth point the difference
is: Their proposition includes the idea, al
Applied (fOr instance as an ilustration) t.
the Milwaukee & St. Paul railway of re
curing that companylto receive from tn
Minnesota at intersecting points, cars load
ed with freight not only from the intermedi
ate or way stations of that road but from Mil
waukee, main competing point, thus fore
ing the Milwaukee & st. Paul company in
to the position Of direct competition Will
itself for the benefit. of an outside company
My proposition as. will be observed, con
fines the obligation to the carrying of carr
from intermediate or way stations; not re
curing any company to permit any othe
company to compete over its own road 70
either through business from Lake Mich
gan to the Mississippi river, or business be
tween points and stations which are reached
and connected by its own road.
Which is .he more just and equitable
rule, the Senate will Judge.
Another essential matter of disagreement
in the majority and minority reports o.
your committee consists in this, and will bt
noted as involving the most important prin
cple at issue between. us.
The last, that of the minority, proposes tx
confer upon the commissioners merely su
pervisory and advisory authority, leaving
to the Legislature, on their recommendation
the prescription of remedies where lega
are not in existence and to the courts the
application ofthese remedies, in accordance
with existing laws, on proceedings institu
ted by or through the commissioners
Sec. II, of the majority bill goes a steE
further than this; and as | understand it
proposes to invest the Commissioners with
judicial power in acting and deciding upor
complaints involving vital points affecting
railway interests and regulations, and egis
lative power to issue orders having the eff
feet of Iaw,with penalties, attacl ID, subject tc
modification or repeal by the commissioners
themselves. Let me give an illustration o.
the scope and effect of the section in ques
ton; an individual concludes that the tar.
ifs of a railway alta given station are un-
reasonably high, he makes a complaint to
this effect to the commissioners. the hnard