The Iola register., 1891-01-23

| far as transportation charges are concerned,
4! rs like kinds of business originating in other
| states and reaching the same points and des
! tination in this by single rate.
am further OF the opinion that. in addi-
/ tion 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 reasonableness 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
| as the enlargement or increase of ter
| minal 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 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 facie 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 IL expedient to call at
tention to another provision, which, If en-
acted, would increase its useful functions
In the transportation of goods and mer
chandise over railroads, claims frequently
arise against carriers for damages occa-
stoned by loss or injury to the goods en-
route. Where the goods are carried over
nIa ncnl. lnt,. ;,,l.
pendently responsible only for such dam
ages as may have occurred upon its own
line, il 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. IL would be
source of aid and relief to shippers If the
Board of Railroad Commissioners 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.
tfy 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
bility 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 its character were changed so as to con-
stitute il court subject to the technical
rules of law which govern those tribunals.
Its effectiveness largely consists in the fact
that 1t may pursue Investigations without
fOrmalty in any part of the State, either up
on its own motion or complaint. This ii
could not do if il were a court.
Believing that these several recommenda-
tions, if carried out by appropriate legisla-
tion, would materially increase the useful
ness of the board and promote the interests
of the people, they are submitted for your
consideration.