Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1883-11-01
SENATOR sLUss' RAILROAD RECORD.
The Facts as Taken From the 0fhciaI
Proceedings.

SENATOR SLUSS' RAILROAD RECORD.
The Facts as Taken From the OficIal
Proceedings.
So far as Sedgwick county is concerned
there are probably not a hundred voters
who were not cognizant OF the bold aud de-
termined stand taken by Senator suss. in
the last Legislature, in demanding a rail-
road law that would fully satisfy justice and
the desires OF the people; as, also, the un-
compromising fight made by him upon the
subterfuges introduced and urged in the
Interest of those corporations. But as the
opposition, in the face Of his splendid rec
ord, have had the eiIrontery TO try TO mis-
lead more recent settlers, we have at some
pains taken from the published proceedings
Of the Senate extracts of what he did and
said, which show that he was the most out
spoken of any member Of that body against
railway abuses, and which show that to him
is due all the effectiveness of the present
law. No man can read what follows and
not be convinced:
There were large number Of bills on the
railroad question introduced in the Senate.
Some fixing schedule of rates, some copied
after the Illinois commissioner system, and
one known Ms the ''kelly bill'' which was
copied from the Iowa law and which pro-
yided for three commissioners and gave
them power TO examine into abuses and cx-
cessiye charges by railroads, but gave them
no power TO correct the abuses or lower the
rates, or 10 determine what was a fair rate,
but provided that these commissioners
should report what they found out TO the
next Legislature. This was substantially
the "kelly BILL" The railroad committee
Of the Senate reported the Kelly bill TO the
Senate for action, and reported against all
the other bills. The majority of the Senate,
rs well as the railroad committee, were in
favor of passing the Kelly bill, 80 that it
was impossible to DO any thing in the Sem
ate In the way Of getting such legislation as
the people demanded, except by an effort
10 make the Kelly bill better and stronger,
and TO so amend il as TO give the commits
sioners some power over the question Of
rates. The contest in the Senate was
whether the Kelly bill! should be made
stronger and more satisfactory TO producers
OF the State, or pass il in the shape it was
when introduced. Ii should be remember
ed that the railroads had on hand power
ful lobby urging the passage of the Kelly
bill, and strenuous!y opposing giving the
commissioners any power whatever over the
question Of freight rates or passenger fares,
and il should also be remembered that the
Santa Fe railroad company was represented
by the best organized and most influential
lobby of all. II was under these circum-
stances that Senator Sluss endeayored TO
have the following amendments incorpora-
ted in the Kelly bill:
1t shall be the duty of the board of rail-
road commissioners, as soon as may be, to
ascertain and determine what rates are rea-
sonabe TO be charged for the transportation
of freight and passengers, and for hauling
cars loaded and empty, and for handling,
storing and delivering freight by each of
the several railroads now or hereafter oper-
ated in this State. TO and from the several
stations and places Of receipt and delivery
OF freight thereon, and the board may alter
such determination in any particular when
in their judgment such alteration is reason |
able; and the board shall, when suca deter |
mination or any alteration thereof is made, |
certify the same TO the managing officers of
the several railroads operated in the State, |
and shall have the same printed and dis |
tributed for the information Of the people |
Of the State. The rates 30 determined shall |
In all actions arising in any court OF this |
State be taken TO be reasonable compensa- |
ton for the service for which they are pro- |
vided until the contrary is proven, and the |
compensation demanded or received by any |
such railroad in excess Of the rates so de- |
termiued by the board, shall in any such ac- |
tion be taken TO be eXtortionate until the |
contrary is shown.
Any such railroad corporation which shall |
violate any OF the provisions Of this act, as |
TO extortion or unjust discrimination, shall |
forfeit for every such ofensc, TO the person, |
company or corporation aggrieyed thereby, |
three times the actual damages sustained or |
over charges paid by the said party aggrey- |
ed, together with the costs of suit, and |
reasonable attorneys fee TO be fixed by the |
court; and II an appeal be taken from the |
judgment or any part thereof, II shall be the |
duty OF the appellate court TO include in |
the judgment AN additional reasonable at |
torney's fee for services in the appellate |
court or courts.
II, after the board OF railroad COMM ssion- |
ers Eaye under the provisions of sections
ii, IA, or Is of this act, determined what are |
reasonable rates to he charged by any rail- |
road operated in this State, for the trans |
portation of freight thereon, the company
operating such railroad shall charge, de- |
mand or receive more than reasonable |
compensation for the transportation Of any |
freight thereon, or If any railroad company
shall charge, demand or receive for the |
transportation of any passenger thereon, |
any sum in excess OF the rates fixed there |
for by section of this act, such railroad /
company shall be deemed guilty of extor- |
ton and shall pay TO the state for every /
such act Of extortion, $1,000. IL any rail- |
road company operating any railroad in this /
State shall discriminate between persons or /
places, in violation of section 10 of this act, |
or shall discriminate TO compensation /
charged or facilities afforded, il shall pay to |
the State for every such act Of dlscrimina- /
ton, the sum of 5000, and all drawbacks,
rebates. or any shift or device TO favor one 4
patron which is not granted to all persons
alike, shall be deemed discrimination with
in the meaning OF this act.
Mr.. Sluss was persistent and untiring in
the advocacy Of the adoption Of these pro-
visions. His speeches in favor of strong |
and clear legislation were not printed in
full, but We have a synopsis OF them print
ed In the Commonwealth at the time. In
support OF incorporating his amendments
into the Kelly bin, he said: ''it is the duty
Of every Senator 10 come up TO the scratch
and vote his convictions and let the people
know what he means. We have before us
peculiar bill, which has been advertised
all over the State as the Kelly bin. Ii pro-
yides for a commission, but IL gives the
commission no power. Ii says the commits
sion shall have general supervision OF the
railroads, but who knows what that means.
Now say to you that no man can tell what
this provision, general supervision is in
tended to cover, and that il is no more than
little taffy thrown out 20 the people in the
hope of pacifying a demand for honest leg
islation. You propose, in the Kelly bill, to
create commission with power TO hunt up
abuses, but you provide no means TO correct
those abuses. I propose, not only to give
the commission power, but TO make it their
duty, when they find an abuse to correct it
on the spot. Under the Kelly bin no farm
er can ascertain what railroad has right
to charge him for carrying his products to
market. 1t Is left to the railroads TO fix the
rate. Now, l say that the farmer has as
much right fly the rate he will pay, as the
road has to fix the rate il will charge. 1t lis
. two-sided question, and our side has rs
much the right to dictate as the other. The ,
right thing to do is to create an honest and
decide. and power to enforce its decisions.
The public expect this thing to be conduct
ed on business principles. They demand
commission with power to fix the rates, and
1 don't propose to prove recreant TO my
trust. The principle involved is whether
the Legislature should assert its control over
freights and fares. The Republican party
by Its platform demanded legislation which
would cossroI freight rates. The Demo-
cratsesnd Greenback parties did the same.
Petitions have come up from the producers 9
oil the State asking legislation that would
control freight rates. Has single petition
been preseuecd asking US to pass the Kelly
billi No, not one! SENATOR have intro
duced good deal OF subterfuge into this
discussion by seeking to hide behind cloud