Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-01-24

-racs the wrongs and abuses which result.
or are likely TO result, on account Of such
conditions as these In fire and life insur-
auo8 policies. And it seems to me there
can be no question as 70 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 WaErantLas without reference 10 the
language - he policy. COnceelment OF
immateriai facts should not be allowed
TO void q poncy. ETrors nistaEe, OK mis-.
representation, should not Yola an ln-
surance policy unless 1t shall be shown
to have been Intentionally and haudu-
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 pOi,cy holder. The forfeiture OF
policy for nOn-payment Of the premium.
If the policy has any value at tbe time 81
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 miscellaneous
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 a source alike Of Just pride
and Of grave public anxiety and appra-
hension. The vast and general import
ance and usefulness OF these great ar6er-
les Of commerce, in promoting the de-
velOpment Of the State, in aftOrding
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 agricultural
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 eEtor-
ton.
The last Legislature enacted a law, the
! purpose of which was to protect the peO-
pie against unjust aggTessiOns by CorpO-
rate power, and to secure reasonable and
/ equal fare and freight rates. This iegis-
/ lation was largely experimental. Wisely,
in my Judgment, the laW-making power
avoided hasty and arbitrary action. pre-
/ ferTing to create q Commission 20 which
! should be entrusted the duty of invezti
! eating the management and operation of
| our railways, hearing and deciding COM
/ plants Of unjust determinations or eG-
! 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 aprompt,
safe and equitable transportation ser
vice.
This law has, so far, worked well In
practice. It hes promoted a better un-
derstanding and more harmonious rsla-
tiODs between the public and the rail-
roads than has ever before prevailed. 1t
=
fares and freight charges, greater care
fulness in railway MANAGEMENT, q more
speedy and equitable lass of grew
ances, and q more cOns,- ate regard, on
the part of railway managers, for the
rights Of travellers and shippers. it re-
moves the responsibility and expense OF
q fight for Justice from the individual 10
5ne STATE. IL mas, TO some eZUenC' ue-
prived the railway corporations Of the
arbitrary power they had possessed, and
sometimes unsparingly exercised, to dis
eliminate 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, so 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 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 90 resist
or failed to comply with the mere re-
commentator 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, /
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 WatchfuI
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 eZtortiOnste charges made by
railways, Tor 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
companies 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 viii enable them TO
pay large dividends or interest on stock
or indebtedness in amount .dOubls-or
three times the cost of the construction
Of their roads. Deriving their powers
from the State, railway corporations are
responsible to the State for the exercise
Of those powers, and it is the plain duty
of the Law MAXIM power 10 nrateef he