The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1886-12-23

included in the act OF March s 1885, entitled
IAN act for the regulation OF railroad COM
panies.n The blending OF two or more dis
tinct subjects in the above law is open to the
criticism that 1t is not In accord with sec. q,
art. 4, of the constitution. 1t has therefore
been considered OF great importance that
these duties and powers be embraced in a
bill especially designed for that purpose, and
strictly in accordance with the rule Of the
constitution. as set forth in the section above
referred =, which says mo law shall en-
brace NOR. t.,an one subject, which shall be
expressed in the title.'
These duties and powers are therefore
presented in one proposed act, with q title
indicating the purpose and intent OF fthelaw.
We have endeavored TO embrace in this
suggested law such provisions only as are
in the highest degree important, and such
rs the ripest experience OF more advanced
states have proven and tried and such as
the courts Lave sustained.
1t Is proper also to state that the bill here
Formulated! contains the essential elements
OF the bill introduced into the senate OF the
United States by the committee OF inter-
state commerce, with such changes as were
necessary to a proposed regulation of rail
roads BY state authority.
Should the substantial features of the
inter late commerce bill become law, N
our OWN members Of congress now believe,
the great importance OF our state laws
regulating corporate control working
harmOniously with national statute for
tie same purpose, will be fully conceded.
Even should that bill fail, we will yet have
ayailed ourselves Of the most advanced
ideas and clearest principles restraining
corporate aggression yet enunciated.
In addition to this, other subjects than
those of the powers and duties OF the com
mission, and unprovided for in the existing
statutes, are herewith presented In separate
bills. in order that each may stand upon its
merits. and not prejudice others which the
Legislature, in its wisdom, may deem i'm
Ir,r.aHt. The principal reasons which have
suggested tie necessity for these proposed
measures are given with each act, including
that also of a proposition for constitution
al amendment. Attention is invited to a
proposed change in the tenure Of Office
Under the present law, all the commission
cfs 70 out OF office at the same time. 1t il
proposed to SO change the term Of office that
| one commissioner shall be appointed each
Year, 50 that the board may retain IN its \!
| membership commissioners experienced IN
the duties and work Of the board. The
Interstate commerce bill, the state Of New
York and other states, recognize the wis
dom Of this policy.
The net provides for a more definite sys
are made against common carriers 1t Ii
believed to be comprehensive, simple, and
| easy to he understood.
1t is also provided that in cases where the
| comalission find a complaint to he wei
founded, which the common carrier viii
not remedy, suit shall he brought in the
state courts by the attorney general anC
| carried on ut the expense Of the state.
Ample provisions are made for complete
reports from railro I'd companies.
| ia reference to tariffs Of rates, fares and
charges, provision is made for complets
| publicity. and that there shall lie no I'D
vance in such published rates without dut
4 notice
See. II contains substantial increase o.
| power to the commission with reference K
the control OF rates, fares and charges
which are found upon examination to b,
IN any respect unequal, unjust or unreasOn
able. While it does not invest the com
mission with power to establish such tariff
in the first instance, it yet places the tariff
power to amend the same, when found to b,
necessary.
Provision is made that a corporation
shall not, in any way, limit its common Law
liability in reference to property given II
1 its custody as q common carrier.
The hill provides sufficient penalties 70
the violation of any of its provisions, which
in the old law, We're uncertain and made
| qnate.
This proposed act. as we'll as the other
herewith presented, have been submitted 4
the attorney general for a critical examina
ton, and have been by him approved.
All of which is respectfully submitted.
i j. H. BAKER,
1 s. ). MURDOCH.
GEo. l.. BECKER,
f. =. WARNER, Commissioners.
Secretary.