, 1889-08-08

lar To section Of the Interstate COM
ncrco act, and ne did not believe In dis
ions, and should Il allowed, move to
,dd the words, 'undcr similar circum-
stances" to that section.
Mr. Griilitts thought this might be out !
Df order, but doubts being expressed, /
the chair suggested that Convey offer his |
IN the convention. Convey
,cquieced.
THE RAILROAD SECTION.
SEC. 81. The now somewhat famous
railroad commission section was taken
up, ou, NJ , A..
rise and report progress.
Lost. He then moved that the minority
report, signed by himself be adopted:
Mr.. kinnear moved to amend that
motion by substituting majority re-
port,
sullivan of Tacoma argued briefly in
favor of the minority report.
Mr.. kinnear said he was In favor of
a board of railroad commits.
sioners fixed by the constitution. Twcn-
ty-oue states had such commissioners
and II Is the best method of handling
this question. He cited the report of the
Iowa commission for 1884 to show the
scope of the work performed by these
boards; also from tlfe report of the Kan
sas commission, and argued that rail-
roads Obeyed the commissions without
resort to the courts, thus aiiording poor
men speedy and inexpensive method
of having their cases against railroads
attended to and settled.
The gavei fell for
"TIME UP
but the time was extended by vote of
convention.
r.. II. Sullivan asked how many of
those twenty states had their COM
missioners provided for in the constitu-
tions
Mr.. Kinnear--Only me- The rest are
provided for by the legislature. The
section under consideration simply con-
iers power ON the Commissi oners in the
absence of legislation. If railroads do
not acquicscc IN their decisions then the
power of the legislature can be invoked
to enforce them, but no such enforce
ment has hitherto been found necessary
in other states. lie read numero us cases
in various states where the as
siStance of the commissioners has
been invoked to show how the system
works. He declared that it had been
impossible to get II railroad commission
law through the Legislature, and would
he in the future us IN the past. The
railroad company would, he believed, be
successful in preventing the passage of
any such law.
Mr.. Sharpstcin said 1t was admitted
that wrongs and injustice were being
practiced by railroads on the people, but
the people were
AFRAID TO MOVE
to correct them for fear of driving capi-
tai away from the state. He did not
fear that argument, for experience had
shown in Iowa and other states that the
greater part of railways in existence to-
day have been built since the creation
of boards of commissioners with far
greater power than is pro-
posed to give to these com
missioners. If there were wrongs
they should be remcdled He did moi
favor crushing out railroads, but he did
propose To see justice done if possible
and he believed this method would
do it.
MIR Turner said il was very evident
that they could not finish this debate
before dinner so moved that the commit
tee rise and report progress, So voted
The president resumed the chair anC
Bowen reported progress, and leave was
granted To sit again.
THE SECTION RECOMMENDED.
The following is section 2l, as recon.
mcnded by the majority report and iav
orcd in kinnear's : argument:
| SIC. u. A railroad commission con
| siSting of three members l. hereby es
tablished. The railroad commissioners
shall bc qualified electors of the stat,
and shall be elected by the state at large
at the general state elections and theil
| term of office shall commence on the
| Monday following the LIST day of Janu
AIRY next succeeding their election
/ The commissioners elected at tho
election held upon the adoption of this
/ constitution shall, at their first meet
| ing, so classify themselves by lots that
one shall hold office for the term o
three years, one for the term of five
/ years and one for the term of seven
| years, and they shall certify the result
of such casting of lots to the secretary o
state. After the first election the tern
of each commissioner shall he for siN
years. In the event Of vacancy cN
isting in such commission, the gov.
crnor shall Till the same. lbs
appointment and the person so ap
| pointed shall hold office until the next
general election, and the person elected
shall hold for the remainder of the un
expired term. \ majority of said com
mission shall have the power to trans
act any of its business. II shall be the
| duty of such railroad commissioners I,
exercise supervisory control over al
railroad, canal, and other transportation
companies, associations and corpor
ations and over all other common
carriers and in the absence of Legislation
upon the subject to regulate fares an,
frcights, and prescribe and limit charge
therefor, to prevent and correct abuses
discrimination and CXtortion by sucl
companies, associations or corporations
and To perform such other duticsIns ma,
be prescribed 10y law, The Legislature
shall enact all laws necessary to carr,
tho. foregoing provisions into effect
and shall more fully define tn
qualifications, powers, duties and re
sponsibilitics and fix the compensation
of railrond commissioners.
The following is section u rs recon-
mcndcd by the minority report and ar
gued by Sullivan of Tacoma;
THE MINORITY SUBSTITUTE.
SIC. 81. The Legislature shall pass law
establishing reasonable maximum rate
of charges for the transportation of pas
sengers and freight, and To correC
abuses and prevent discrimination am
cxtortion in rates of freigh
a,a and passenger tariffs on tn tn
common carriers in the state, and shal
eutorce such laws by adequate penalties
a railroad commission may be cstal
lished and its powers and duties full
defined by law.
Mr.. Jones presented memorial o
the subject of public health which wa
referred to the committee on that sui
ject.
Mr.. Cosgrove asked and received leav
to file minority report of the commit
tee on state lands, ctc.
Mr.. Jciis asked and received indefinit
leave of absence.
Mr.. Warner moved recess until z: ~
this afternoon.
Mr.. sohns moved to adjourn. -,