Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-01-24
RAILROAD LEGISLATION.


In answer to the resolution offered
by Hon. VIM. II. Carter. Wednesday
of last week, the following commune
cation has been submitted to the house
of representatives by the railroad COM
CITY OF JEFFERSON, Jan. 16.
To the Honorable the House of repre-
sentatives Of the Thirty-third General
Assembly of the Stale of Missouri: "A |
copy of u resolution of your honorable |
body, dated January IA, instant, call |
ing upon US to state:
l. "What legislation, if any, is neces
sary to better secure the rights of all
parties against discrimination and un-
reasonable rates." and
2. "What reductions if any should
be made in passenger and freight rates"
has been received.
In reply thereto we would respect
fully recommend, in answer to the first
paragraph of the foregoing resolution,
legislation which will give to the rail-
road commissioners, authority to estab-
lish and proper power to require the
adoption of such rates for the transport
tation of commodities by the railroads
of this state, as the said commissioners
shall find, from time to time, to be
equitable. All unjust Determinations,
either against communities or indivi-
duals, all preferred rates and rebates
should be stringently provided against,
and the power OF correcting abuses OF
the kind specified should be vested in
the commissioners.
In answer to the second paragraph
of the resolution we have the honor TO
state that it would be a matter OF very
great difficulty f r us to designate in
this communication precisely What re-
ductions, if any, should be made i'll
freight rates, and to specify upon
which articles such reduc ions should
apply. We presume your resolution
refers to reductions, which might i'll
our judgment properly be made from
the existing maximum rates, Us esiab.
lished by section S34 of the revised
statutes.
During the past year we have re-
duced rates upou number of articles,
as shown by the accompanying printed
circulars "a" and .'B" The reduced
rates, as published in these circulars,
were decided lpon by us after careful
| consideration, the complaints from
| shippers being such as to warrant our
| action in making the proper investiga-
| tiOLs, which were followed by the re-
ductions as shown. This, in our judg-
ment, is the most practicable as well
as the most equitable, method of ad-
justing and equalizing rates for the
transportation vi all commodities car
ried by the railroads of the state. Were
we to designate in this communication,
certain ARTICLES upon which i'll our
Judgment reductions in rates should be
made specifying such reduced rates,
and the general assembly should by its
act establish such reduced rates as
maxima rates for the articles designat-
ed, il would still be left to us to make
reductions on all commodities trans
ported by rail in this state, "whenever
in their (our) judgment it can equita-
bly, be DONE"
The lack Of authority vested in the
commissioners to require the adoption
by the railroad Companies of such
freight rates as may be found by the
commissioners to be reasonable and
just is, we think, the only obstacle in
the way of accomplishing the objects
of the law under which the commission
was established.
We believe with proper and reason
able discretion allowed by law to the
commissioners in the adjustment Of
freight rates, and with authority given
them to enforce the adoption of such
rates as might be found by them to be
just and reasonable, that the work Of
the commission would prove satisfacto'
ry to the people and just to the rail-
roads.
AS regards our opinion concerGine
passenger rates, we respectfully retcl
your honorable body to the following
extract from our ninth annual report
page IL:
''In view of the fact that passenger
rates are now limited to three cents
mile on all the railroads in the sur.
, rounding states Of Illinois, Iowa anC
Kansas, it is worthy of consideration
whether we may not with prOpriety
adopt the same rule in Missouri. TIL,
average earnings per mile OF road ar
greater in Missouri than in Kansas ant
Iowa, and but little less than in Iii
, nols."
Since our last annual report was pub
, lished the suureme court of Missour
> has delivered several opinions sustain
ing the consti;utiOnaiity of our la9
> regulating rates OF transportation b,
railroad, in the sense that the rubii
having the right to use has the ris at t,
regulate that use. 1t follows that B..
protection Of that right becomes tn
duty of public servants. 1t, therefore
seems to us that it is now proper TO
, the legislative department of the stat
, government to clOthe that branch Q
g the executive department having sup
= ervision of these matters with suff
clent authority to make and enforce a
such just and equitable rules and regu
latiOns consistent with the letter all
spirit OF our laws, as may be foun
necessary for the full protection of i
10 Interests concerned in transportatiu
:; by railroad. The law should provid
-" that when found necessary by the con
missiohers to institute proceeding
: against any railroad company, the at
torney-general OF the state be require
To bring suit without delay in tn
y courts where the final decision belong
- which would bring all contest ed point
to an issue at once
:, The particular features of a La
| WI oSSoiAi1llSil tHG pun pOSt
herein suggested are inunate ial, e,
- cept that the most Practical mode
- the best. The following extract trol
our eighth annual report for 1882. ma
! not be inappropriate in connectio
- with the subjects of this communica
ton.
), ''ln the year 1875. when this com
y" mission was created, there were eleve
states having similar commission
- Now there are twenty-five, the nun
- Der having doubled i'll eight years. |
- creating these commissions some
the states enacted, at the same tim
!, laws fixing maximum rates by statut
v, This feature has been mainly abandon
!" ed. The state Of Illinois, in abolishil
-. that feature of the law, adopted II
- present system. under which the who
y matter of arranging schedules of rate
;. is cOntided to the commissioners. TT
- state of Georgia. in creating her con
mission, adopted essentially the Illinu
plan. In these two states the commi
- sioners are required by the statutes
make schedules of rates for each an
:. every railroad, and power is give
=, them to restrain the railroad companit
~ from exceeding thssresates. They hay
81 made and enforced their schedules
~ rates; both the state and federal cour
have sustained their action, and su