Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1891-01-22


am further OF the opinion that in addi-
ton to the penalties now provided by law for
neglect to comply with orders made by the
board provision should be made for the
specific enforcement of its orders, and the
legal effect of such orders should be defined.
For example: The findings and decisions of
the board respecting the reasonableness of
any existing rates, which are the subject OF
complaint, are made prima facie evidence of
the reasonab1eness of the rates they pre-
scribe in any proceeding brought to enforce
them. But the law also authorizes the board
to make findings and decisions in numerous
other matters pertaining to the opera
ton and management of railroads, such
the enlargement or increase of ter
minaI and depot facilities, the increase
or betterment of train service, repairs of
track and the supply of joint or connecting
tracks, etc There is no law defining what
shall be the legal status of such orders. 1t is
recommended that a speedy remedy for the
enforcement of these orders should be pro-
vided by statute in any case of refusal or
neglect to comply with them by any railroad
company, and that in proceedings brought
for that purpose the findings and decisions
of the board should be made prima facle evil
dence of the duty and obligation of the COM
pany in respect to the matter decided.
In addition to these recommendations for
further legislation in respect to the powers
of the board, deem it expedient to call at
tentiOn to another provision, which, il en-
acted, would increase its useful functions
In the transportation of goods and mer-
arise against carriers for damages occa-
stoned by loss injury to the goods en-
route. Where the goods are carried over
two or more roads. each road being inde-
pendently responsible only for such dam
ages as may have occurred upon its own
line, it is frequently difficult for the shipper
to locate the liability. Moreover the amount
and value of the greater part of this class
of claims is not sufficient to justify expensive
litigation for their recovery. 1t would be a
source of aid and relief to shippers if the
Board of Railroad COmmi SsiOnerS were au-
| thorized to entertain complaints of this char
acter, to investigate the same and make
written findings thereon, and to advise the
parties of the nature of the same, and to no.
tify the railroad company found to be in
fault of the reparatiOn which they consider
it just to make to the shipper. Further, that
unless such claims shall be settled in accord
ance with such findings, the same shall be
held. in legal proceedings brought to recover
such claims, prima facie evidence of the liza
biity of the company found to be in fault.
1t will be understood that it would not be
competent to invest final jurisdiction in the
board as TO these and many other matters
involving property rights, in which each
party is entitled to due process of law, un-
less it's character were changed to con-
Sttute it a court subject to the technical
rules of law which govern those tribunals.
Its effectiveness largely consists in the fact
that it may pursue Investigations without
formality in any part of the State, either up
on its own motion or complaint. This it
could not do if it were a court.
Believing that these several recommends
tions, if carried out by appropriate legisla-
| ton, would materially increase the useful
ness of the board and promote the interests
| of the people, they are submitted for your
| consideration.
Apportionment.
The Constitution requires an apportion-
| ment of the State for The purpose of repre-
| sentatiOn in the Legislature once in five
| years, based upon the census of the preced-
| ing year. The last apportionment having
| been made at the special S ssion of 1885, it
becomes your duty to reappOrtiOn the state
| at the present session.
Eighty eight counties only are now repre-
scented. Eighteen counties, organized since
the last apportionment in 1886, haveNever
| since that time been excluded from voice
! in the law making branch of the State Gov
| eminent Membership in the lower house is
/ limited by the Constitution to one hundred
| and twenty five. the present number. The
! admission of eighteen counties to repreSen-
! tatiOn, which of course must be granted, will
| give US one hundred and six organized coun-
! ties, each entitled to at least one representa-
| tive, provided it cast two hundred and fifty
| legal votes at the next prec eding election.
! This will leave but nineteen members to be
distributed on the basis of population. Re
| lief from this ye:y serious difficulty can
| come only through an amendment to the
! legislative article of the Constitution The
| apportiOnment article should also be amend
| ed SO that the time for re apportiOnment will
| always fall during a regular session of the
| Legislature.
| Prohibition.
| During the past year the cause Of prohibit
ton has been assaulted from new direc-
| ton. The so called sOriginal package" de-
| cfsion of the Supreme Court of the United
| States, promulgated in April, 1890, was a
| severe and unexpected blow at our prohfb-
itory legislation, denying, as it did, the power
of the State to prevent the importation of in
| toxicating liquors from sister State and the
| sale thereof in unbroken original packages
| The sudden invasion of the State by liquor
] dealers from abroad, and the setting up OF
| "original package" houses: the profound
| feeling produced among our people, and the
litigation that ensued-all this, together with
the final relief which came from Congress
Esional action, is very fully recited in the re-
! port of Attorney General Kellogg, who mer-
| its special Communication for the fidelity and
| ability with he performed the duties and
extra labors imposed upon him in this emer-
gency-
On the 9Th of August $780, the Wilson bill
passed Congress and became law. In brief
! it subjects Intoxicating liquors transported
| into a State for sale to the operation OF
| the laws of such State, when in origins
packages OF otherwise. This act was hailed
| and regarded at first a fortunate and
| final settlement of the vexed question. But
the Wilson law was soon to be challeiig ed
| One Rahrer. agent for Missouri liquor
| house, having been arrested after the
passage of the act in Congress in question
and charged with selling liquor in original
packages in Topeka i'm violation of the Con-
sttution and laws of Kansas made applfca
ton to the United States Court fer writ OF
| habeas corpus. On the hearing before
| Hon. G. G.. Foster, Judge of the United
States District Court for the i.crict OF Kan
! sas, Attorney General kellogg and z. Il
WEIGH. Esq, county attorney for Shawnee
County, appeared for the State. And after
very full argument the prisoner was dis
/ charged, the court holding that our prohibi
| tory law must be re enacted to make it cover
| sales in original packages. An appeal from
this decision on behalf of the State has been
| perfected, and the case is now pending il
the Supreme Court of the United Stales.
The ''original package" business, ut besi
odiOus and repugnant to our Constitution
and laws, rapidly degenerated into a revolt
]. ing exhibition of the dehumanizing charac
ter of the liquor traffic in whatever form
| and the radical temperance sentiment of the
State was undoubtedly materially strength
ened and sOlidified by the whisky invasion
and the violent and prolonged agitation O
| the people which followed.
The statements of the county attorneys o
! the State, published in the report of tn,
| Attorney General, show that temperance
legislation is being generally enforced and
it may be added that despite the desperate as
sault upon prohibition during the past year
it still stands firmly entrenched as the polio,