Thomas County cat., 1891-01-08

| tne Doaru tnat the style or architecture EN-
| ployed in reform prison cannot well De
| adapted TO the purpose Of an asylum. and
that the environment generally not fav-
| orable. The board further suggests that.
| when the refCrmatOry Is once completed
and ready for occupancy, the labor may be
| employed In producing salt, as coal is now
| mined at the penitentiary. and expresses
| the opinion that the Institution. as re-
| formatory, can thus be made self support
| Ing, without Injury go private capital in
| vested IN the salt industry.
! The subject OF the proposed change IS not
| free from difficulty and is lett with you for
! such action as the best interests of the state
/ seem TO require
| RAILROADS AND RAILROAD LEGISLATION.
The subject Of state regulation OF rail-
| roads Is one OF surprising importance and
| never ending public solicitude. In respect
| TO methods OF control. the commissioner
| system has been demonstrated to be most
| satisfactory. and has received the sanction
| OF nearly all the states OF the Union. This
/ sys EN-, administered by boards OF commits
| toner's, has come to be regarded as neceS-
| sary part of government. such board
| has existed in this state since lSS. My
| predecessors have spoken OF the work OF
this board In terms OF unqualified commen-
dation, and IL Is believed that careful re-
| view OF their laborS cannot be otherwise
than satisfactory.
During the eight years OF the existence OF
this board there have been built in this
state 5 900 III les of railroad, and the duties
OF the commission have been correspond
ingly increased. In the exercise OF its
reductions to be made IN the rates of trans
portation charges, and an examination OF
the figures for the period covered by its eX
iStence can not be otherwise than interest
ing and profitable. \ comparison of the
tonnage of 1883 with that OF lSSg emphasizes
the above statement, In the former year
the tonnage OF all the roads operating in
Kansas. according to the reports on file In
the railroad commissioners office. was u,
ssl .S22- -. For the year 1859 the tonnage OF
the roads IN this state was - I5i 367 or
nearly double the tonnage OF the former
year.
The earning from the tonnage OF 1883, ac-
according to the same authority, We're Si5.-
rs, ,S3l; for 1859 they were S55 $50 Oa5 or only
about = per cent greater than the receipts
OF the former year.
While 1t Is doubtless true that the tend
ency OF transportation charges has been
steadily downward, and that reductions in
rates are result OF competition and con-
stantly increasing strife for business.
well as a response to the popular demand
for cheaper service, Yet 70 IS also true that
the existence of the commission has con
tributed in "a large degree to this result.
The board has, 10y repeated orders caused
the abatement of Determinations which
had been long maintained upon the freight
tariffs an! which. so long aS they existed,
prevented the establishment. upon a Sc
cure basis, of Crmmerc. al aud mInIfactur-
ing enterprises in any interior towns in the
state. These discriminating tariffs were n
menace TO capital; their Abatement Is an
invitation % Its investment among us. and
the creation of more divers fled Industries.
Suggested LscISlatiOn.-With q view to
promoting the efficiency of the board. | in
ylte your attention to IN cNped!ency OF con-
ferrinS upon II. by appropriate iegiSlat ion,
the power 70 require Joint freight tariffs To
be made over two or more railroads which
connect with each other, So that continuous
shipments may be made over such connect
ing roads from one point in Kansas To an
other point in the same state, such Joint
tariffs to prescribe rates not to exceed,
beyond reasonable transfer charges, 4 sin
gle and continuous rate for the same dis
tance. BY this means the business
OF the state, whether 1t be whole
sailing or manufacturing, existing in any
interior town IN the state. may be placed
upon as favorable Il footing, so far as trans
portat!On charges are concerned, as like
Kinds of business originating in other states
ami reaching the same points OF destina-
tod 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 he made
for the specific enforcement OF
its orders, anu the legal effect of such
orders should be defined. For example:
The findings and decisions of the board re-
specting the reaSonabieneSS OF any existing
rates, which are the subject OF complaint
are made prima facie evidence OF the rea-
SonableneSS OF the rates they prescribe in
any proceeding brought to enforce them.
But the law also authorizes the board to
make findings and decisions I'm numerous
other matters pertaining to the operation
and management OF railroads, such as the
enlargement or increase OF terminal and
depot facilities the increase or betterment
OF train service. repa!rs 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 recon-
mended that u speedy remedy for the en-
forcement OF these orders should be pro-
vided by statute in any case OF refusal or
neglect to comply with them by any rail
road company, and that in proceedings
brought for that purpose the findings and
decisions of the board should be made prima
facie evidence OF the duty and obligation
OF the company in respect to the matter de-
cided.
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, II en-
acted would increase Its uSeiul TunctionS.
In the transportation OF goods and mer-
chandise over rallrOa Is, claims frequently
arise against carriers for damages occa-
stoned by loss or 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
line It is frequently dltiiC;I: 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 Tor their recovery. 1t
would . u source OF aid and rel ier to ship
pers II the board OF railroad commissioners
were authorized t. entertain complaints OF
this character, to investigate the same and
make written findings thereon, and to ad-
wise the parties or the nature of the same,
and 20 notify the railroad company found
to be in fault of the TeplritiOn which they
consider 1t just e. make to the shipper
Further, that unless sUcn claims shall be
settled in accordance with such findings,
the same shall be held. IN Legal proceedings
brought 10 recover such claims, prima facie
evidence OF the liability Of the company
found 10 tse 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, III which each
party Is entitled to due process OF law, un-
less its character were changed so as
to constitute II q court subject to the
rules OF law which govern those
tribunals.
Its effectiveness largely consists IN the
fact that it may pursue Investigations with
out formality Ia ANY part OF the state,
either upon ITS own motion or upon COM
plant; this II Could not do II 1t were q
court
Believing that these several recommenda-
tions. II carried out by appropriate legisla-
ness Of the boari and promote the interests
OF the people, they are submitted for your
APPcITIDSMESr.
The constitution requires an apporton-
ment OF the state for tde purpose OF repre-
sentation IN the legislature once In nye
years, based upon the census OF the pre-
ceding year The last appOrtionment nav
ing been made at tine special session OF 1886,
1t becomes your duty to reapportion the
state at the present session.
Eighty ight counties only are represented
Eighteen counties, organized since the last
apportionment IN 1856, have ever since that