The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-12-04
RAILWAY LEGISLATION.
To the Editor OF the Eagle.
There is an old Sanskrit fable as fol-

with caution and deliberation.''
Davy Crockett shortened this proverh
into:
BE sure your right then go ahead"
II is thought prudent to head this
article with above quotations, for reasons
hereafter given. 1t is assumed that
Kansas viii have railroad legislation
this ensuing term of the legislature. BE-
CAUSE every political platform demanded
and promised it; every candidate in the
field pledged himself and party for it
of course all meant it; therefore we viii
have
RAILWAY LEGISLATION.
The railways know that control of
traffic is a proper subject of state juris-
dictiOn; they know that il will, IN time,
come; they only hope for delay
in heading off legislation, and in the
courts, and they sincerely trust an I'M
constitutional law viii be enacted if
| after exhausting every means to prevent
any law, one shall be passed. Therefore.
III the judgment of the writer, if law
/ is passed it is best to have a new railway
board Of five commissioners from five
| districts, with ample powers, than to
| have maximum freight bill (even if a
! maximum bill is thought necessary: be-
! cause if the law Is declared void we are
| delayed for two years more, If not
! longer, whereas if the railway board,
under law makes q rate and
! is enjoined it can then meet the courts
| objection In a new tariff rate sheet. Ii
we have an honest railway board, with
! ample power, | cannot see the necessity
of maximum rate bill Again maxi
/ mum rate may benefit some parts of
Kansas, and be positive INJURY to other
! parts. Want of power has been the
great defect in our past experience.
Let Us try ample power first.
We desire to call attention TO another
| fact, that ordinarily tariff rate sheet
which contains some bad classl-
tications or inconsistent tariff
may be enjoined as Whole
unless the law provides, that objections
to tariff must be specific objections, and
that all that part not specifically object
ed shall be in force and must be obey
ed under penalty for dlsohedience.
THE IOWA LAW.
In 1888 an injunction was granted by
Judge Brewer on behalf of the Iowa
railroads to enjoin the tariff rate made
by the Iowa commissioners, and Judge
Brew er made the following amongst
other remarks in his opinion: "That
rates must be reasonable and
just and sufficiently high to en-
able railroads to meet expenses and
fixed charges Interest on bonds, equip
ments and betterments) and leave some
thing for the stockholders.
We assume that either there was no
Investigation of the cost of the road,
amount Of outstanding debts, or amount
of stock issued, or else the court found
that the stockholders in that case were
entitled equitably to dividend:
herein lies Judicial nut to crack when
it is ascertained that the bonded
debt and stock are both largely
in excess of the cost of the road.
And in this connection we again reiter-
ate that legislative inquiry as set out
In my first article is necessary to enable
the legislature and the railway board TO
wisely and Understandings act in the
premises. l do not believe the courts will
require a tariff rate high enough to pay
dividends on stock when the road is
mortgaged for more than its full value.
Perhaps the courts will not require ali
the interest on bonds to be paid if the
bonds are Of par value, greatly in excess
of the real value of the road.
THE CONSTITUTIONAL NECESSITY OF A
JUDICIAL INQUIRY ON ANY
LAW ENACTED.
Whatever is done will 90 to the courts,
hence the law should provide that this
inquiry should be prompt; that it should
be quickly heard, and, if appealed, |
speedily advanced for hearing in the |
supreme court. And it is suggested that !
this law can be so made that cases of this |
nature shall have precedence over all |
other civil business and the Judgment |
be rendered in 80 days from the hearing /
in the supreme court.
For the benefit OF those who have not |
read it, we quote briefly from one pro-
vision of the Iowa law which was before |
Judge Brewer:
The Board of railroad commissioners
are authorized TO make a schedule of |
maximum rates for transpor-
tation of freight, passengers and cars.
Also classify freights; and 1t shall be the
duty of the board to make such CLASH
tication; provided that said tariff rates
shall not exceed any rate now or here
after established by law. The tariff rate,
made by the board shall, in all suits by
or against the railroads, involving such
tariff rate OF charges by the railroads, be
deemed and admitted in evidence
i'll all courts as prima facie evidence that
the tariff rate fixed IS a Reasonable and
just rate for the transportation of
freight, cars. and passengers. Such
shall, from time to time,
as circumstances require, revise and
change the rate and classification"
We need, first, power to make, revise
and change rates; second, penalties for
with the rate; third,
easy method of making complaints;
fourth, quick hearing and decIsion-and
If 1t goes into court speedy trial and
quick appeal and decision. Unless we
can see TO the end OF maximum rate
bill, the writer believes a commission
with ample power is preferable.
In the submission OF these views. il is
simply the opinion of one man who has,
he believes, the welfare and future good
Of Kansas at hear; who has ho lax to
grind, and whose desire is a far method
10 place Kansas shippers on the plane
they as citizens of the state are entitled
to, by reason Of the taxable burdens they
have assumed to build railways in Kan
saS; by reason of being citizens of
a state whose public lands
have been layishly donated TO
build railways; by reason of citizenship
Of q state whose outgoing products have
caused q cry of grain-car-famine.
year by year. and lastly, whose incoming
freight on lumber, coal and other needed
contains Is and of itself
a decent dividend at the cost of an ordi-
nary prairie railway.
II should not be forgotten, in connec-
ton with cost Of operating railroads, that
hasn lnru swift Trims which lalr. n.r,.