Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1885-01-22

duct of persons who are really the agents
OF the Insurance Companies.
By the terms of many of the policies
of life insurance, if the premium is not
paid tae exact day on which it falls due,
the policy becomes void. although in
| fact the Company has money in its hands
belonging to the policy holder.
Many States have enacted laws to COR
rect the wrongs and abuses which result,
or are likely to result, on account Of such
| conditions as these i'll fire and life insur-
ance policies. And it seems to me there
can be no question as to the justice and
| necessity OF similar acts to protect the
citizens of Kansas against such wrongs.
| Our laws should make such statements
and conditions in insurance policies as
those referred to, representations, and
| not warranties without reference to the
language OF the policy. Conceslment OF
| immaterial facts should not be allowed
| to void poncy. Error. mistake, or mis-.
representation, should not void an in
surance policy unless it shall be shown
to have been Intentionally and fraudu-
| lentlv made. An agent soliciting and
writing risks for an insurance company
should be declared its agent in all mat
| tiers of insurance, and not the agent of
| the policy holder. The forfeiture of q
| policy for non-payment of the premium,
| If the policy has any value at the time of
| the forfeiture, should be prohibited.
And life companies, after having secured
| three or more annual payments, should
be estopped from defending against any
claim arising upon policy. by reason of
any errors, omissions or misstatements
of the assured, in any application made
by such assured, unless positive and in
territorial fraud can be shown.
RAILROADS
The rapid growth of the railways of
Kansas is q source alike of just pride
and of grave public anxiety and appre-
hension. The vast and general import
ance and usefulness of these great AFTER
les of commerce, in promoting the de-
velopment of the State, in affording
facilities for the safe and speedy trans
portation of our products to market, and
in bringing to us the products of other
sections, cannot be Overestimated. But
their power and influence over every
commercial, industrial and agriculture,
interest of the people, is equally vast,
and, if not restricted and regulated by
wholesome laws, may readily be welded
as an instrument of wrong and extOr-
ton.
The last Legislature enacted law, the
purpose of which was to protect the peo-
pie against unjust aggressions by corpo-
rate power, and to secure reasonable and
equal fare and freight rates. This legis-
lation was largely experimental. Wisely,
IN my judgment. the law-makin, power
svoided hasty and arbitrary action, pre-
ferring to create Commission to which
should be entrusted the duty of investi.
eating the management and operation Of
our railways, hearing and deciding com.
plants of unjust determinations or ex.
tortions, gathering information concern
ing the cost of transporting passengers
and freight, and advising the Legislature
as to the regulations and laws best cal
culated to secure for the people q prompt,
safe and equitable transportation ser
vice.
This law has, so far, worked wfll in
practice. It has promoted a better I'M
derstanding and more harmonious rela-
tons between the public and the rail-
roads than has ever before prevailed. It
has secured considerable reductions in
fares and freight charges, greater care
fulness In railway management, more
speedy and equitable re'r"Ss of griev-
ances, and more cOns!, -,ttr regard, on
the part of railway managers, for the
rights of travellers and shippers. 1t re-
moves the responsibility and expense of
fight for justice from the individual to
the State. 1t has, to some extent de-
prived the railway corporations of the
arbitrary power they had possessed, and
sometimes unsparingly exercised, to dis
criminate between communities or indi-
viduals. And it has enlisted in the SER
vice of the State a body of men who
have given to the complicated and many
sided question of railway transportation,
careful investigation and study, 80 that
they are competent to intelligently adj
wise the law making power.
The experience of other States con-
firms the opinion that the Commissioner
system, with ample power vested in the
Commission, is preferable to any other
method of dealing with or regulating
railways. In a recent speech in Con-
gress, an Ex-Governor of Massachusetts
stated that although The Railroad Com
missioners of that State had conferred
upon them no power at all except to in
vestigate and recommend, yet in no case
had any railway company dared to resist
or failed to comply with the mere re-
commendation of the State Railroad
Commission. "a corporation" he said,
might be as powerful as an ancient bar
on; it might laugh at statutory penalties;
but it goes on its knees, it trembles with
terror, at entire exposure"
Such changes and notifications of the
present law as experience with its work
ings may have shown to be necessary,
should be made. In some respects, 1
think, the authority it confers on the
Commission should be amplified and en-
larged. But the general scope and re-
quirements of the law, the ever watchful
oversight and constant restraint it puts
upon the corporations of the State,
should be adhered to.
The source and sum Of all unreasona-
bic and extortionate charges made by
railways for the services they perform is
in their "watered stock" so called; in
other words, stock issued far in excess of
the cost of their construction. Railway
are justly entitled to reason
able remuneration for the services they
perform, and to a reasonable interest on
the capital legitimately invested in the
building and operation of their lines.
But they should not be permitted to es-
tablish rates that will enable them to
pay large dividends or interest on stock