The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-08-14
TEE RAILROAD COMMISSIONERS.
Interesting Points in their First Annual
Representatives. Decision.


from the first annual report of the Kansas
Railroad Couoiss;onsrs.
IT, Co--S.--.
Inc commissioners, have no power
20 ENFORCE an order Iney can simply advise
u .ne con psuay ia IauIt OF tne changes desired
com,nisS; rith th oIo t NV INV es t Ino
orde-s If Jro,iS LaTa beeS, nocoSs -. rs ha
ohan,-o1i 81 uLo. g ~ $500 " nak
Sco,1e Of ;tS f,,natio,S s,,d ,,o aAu "a 49, Ia
have been naceSSsrv To bpys lria ~ ~ ~
commission ali the mowers of y Court Of
Chancerv To he ayeroiSe,I Jrisbin H. $3.50 of
its Unsigned duties with sunh r1,ipiStarisI on
! GERS ATTACHED tn the hoard "a ar. usual end
necessarv 10 such tribunsIs 70 axooI,to ;+s IN,
/ iunctions and mandates Il HDonIJ bava
rendered ir necessary to haze inSti+ntad
/ A formal invasri1ation unon nr0,,er comniaint
and notice tn the comnanr cnnnio;,ad Of
| and the rendition of a formal iudgment and
decree upOn the evidences which sbouId he
submitted tn the hoard NanifestIv in Such
I case IN would have been imDronsr for The
| board to have acted upon knowIedoe and in
formation gathered from, Darso,aJ ohsarra
ton, or the ex parte Statements of indiyid-
uaIs as mnch so as il would he for raa.1I ,rlv
organized courts to act iudicislly upon evil
dence which has never been disclosed t. tho
opposite party to the suit. The supervisory
powers of the commission would in such case
extend only to such matters as should be
formally brought before it by complaint. and
no such complaint would be made until some
one had become the suffering victim of some
neglect failure, or other violation of duty on
the part of railroad company. Thus the
chief benefits which were intended to be Sc
cured by giving the commissioners general
> supervisory powers would De sacrihccd by I'M
poSing upon mem tnQSe limitations III the ex-
o.Oso oL lunctions wnlon ure necessary 10 III,
pI LesS upon JuuIcla! HecIeeS tue weight anu
en"i "oOeI vi linpar'ifl'y'
UeheraHy, the power 10 make its require
menus imperative through the power of en-
lorcement is not necessary in order to make
the requests and recommendations of the
BOARD 1elt ana ooeyed. We feel justified in
iurtner observing, that as the irritation: the
friction ana the mlsunderstandings which in
evltaDly arse from the attempt to ADAPT an
extensive and well established system of
transportation, involving vast pecuniary in
Ierests, 10 new and untried system OF regu-
iaCoh, Imposing RESTRAINTS at numerous
p oln1s where before there existed unrestralned
Ireeuon, shalI wear away, all reasonable re-
qulremehts or ADVICE OF the board Will come
10 possess the character Oh commands 70 rail
Toad managers. Such haS come 10 be the con-
ulton OF Things, dIter the lapse OF time, ana
Pdrtee nave become accustomed 10 the new
UiHei oa .nlngs Ia other states wherein com
ulssIonS nave oeen III eAlstence numDer OF
years.
The mode of enforcing rates fixed by
the Commissioners has been the subject OF
criticism. The law provides that the rates
which the board shall decide to be reasonable
and which shall be certified to the corporation
aga nst which complaint was lodged. shall be
accepted and posted up in conspicuous place
in each depot on the line Of the cOmpany's
road, which shall be designated by the board.
and that such rates shall, In all actions between
tHt COulpdHy ana eulppcT, DC 10 Dc DrlIQd
facie reasonable.
1t is cutie probable that in practice the ma
chinery already provided orthe enforcement
of rates embraced in a decision of the Com
missioncrs, will prove sufficient. at least in all
cases where the Commissioners rates are
reasonable None are more fully alive to the
fact than managers of railroads. that the Com
misSioners are not simply three una rIueSl men
but they represent the majesty and power of
the State and that their official utterance CON
centrates the opinion of q million r,eOpls I'm
ton of rates should be manifestiy unfair or
unjust these men know that il would not only
be futile to resist them or refuse to adont
them hut that to do so would tend To inyite
public opinion and feeling which could only
be satisfied by measures of retaliation and
would result in state of things ietrj-
mental alike to the interests of both people
Satisfaction of a court and iurV that the Com
missfoners' rates were unjust to the company
would be an undertaking of such magnitude
and difficulty, at least in the majority of in
stances, as TO deter even the rash and pre-
sumptuous. 1t would involve the proving of
a mass Of minute and technical Details
which can only be grasped and their signih-
trained minds, before a body of men pos
sessed of neither aptitude nor the experience
and training that fitted them for such investi-
CATION, and with every presumption of law
and fact against the company, and with every
interest and prepOssession of the triers, the
jury, arrayed in OPPOSITION. Railroad cOmpa-
mes nave never COurUSu the VGrOtcUS OF lurieS
to any great extent, even in cases where the
jury was entirely free from the bias of inter-
est; it is hardly to be expected that they will
tempt them against strong feelings of self-in-
terest. If factious opposition should be
offered by railroad company to the proper
orders of the board, an appropriate remedy
could be suggested and applied. In view OF
the fact that railroad corporations appeal with
some reluctance to courts, and that they are
not likely to in the case of Commissioners
rates unless very good grounds exist for do
ia e,
deem it necessary to suggest any changes in
this respect in the law. AS it stands, the COM
pany decided against possesses u right to ap-
peal from the decision of the Commission to
regularly organized court right which in
some form should be preserved safeguard
against possible wrongs which either mis-
takes or the abuse of power might inflict
REDUCTION IN RATES.
long nrior to the massage of the law creat
ing a board of Railroad commissioners and
az the time the nrasent Observation-Disclosures 90 or
tered unon their duties a strong irnnression
nrevailed In the nublic mind that the rates
Charged for the TRANSPORTATION of freight over
tho Inherent lines In the State wore foo bigb
and oIoht tn he reduced The mavimnm at
hill intTodnced into and nassed bv the HonSe
Of Renresentstives which however fnaIIv |
SSates tn he dealt with nv the CommiSSionerS
NEUTRALITY-SUSPICIOUS. dissnnointmant and IN |
tansffied the discontent which already nrc
.ra;iad or,ono a lore close Of tha nooDG45 Pr
70 hot tine no information a,-iStad OI3ts;do ~
~ ofIices sbowin@ the dnanciai cond;
t;nn ~ the yorious roiIroads oner"+ino in
Eonsos tbeir doings in tranSnorfotinr 81
th anaraI o,,eto of tar;ffS anu
the,e Tb;s ;nformation eyisted in yoi ap0ii
800 forrna mon n',nororS raco-ds aod liz /
,,Ot roodiir ocfeaS;hia to the hoard immaSI
~ IL 49,, tbei, go nio1i &c H. ba, I'll
a 10y 20 orathou H. +a;ffS oS tbo a;tR2n
80 I;naS eand +o roduna +ban, 20 M
enr,,. % uonId randor +hon ~ S nn,,
i,orin,t for s+,,6U and ,ISa This in nonUon
tin Itch o The o;bar wort Of tho hosrd CO
e.ol y ~ -; "O e., ao,iih otho i Eatu, "
III III 49, H. boa,S $1,000 ,,anossa, f
- =. t;,-,r. 20 o,, i,,toiI;.rant ,InlarSty, Ia;