Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-01-26

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the land nor In suffering It's violation with I'm
punity. Nothing can be more demorallzlng In
q community than the open violation Of law
unaooompanled by wholesome effort for 10
enforcement; and however lame or inadequate
Y may be, tho duty, Of those who administer
the laws 10 clearly Indicated.
Railroad Legislation.
No subject has claimed more Legislative atten-
tlon during the past decade than that relating 10
state regulation and control OF railroads. In
nearly II not all the states Of the union some leg
islAton has been enacted giving 70 some person,
commission or court power to supervise, regulate
or control these great thoroughfares OF COM
merce. This growing sentiment has taken root
in Kansas, as well as elsewhere, and in 1883 It's
fruits were the present commission law. Itwould
be going too far perhaps TO say that this law
has been wholly barren OF good results. The poo
pie expected vast benefits from IL, but have
prohted little In the correction of abuses. To the
casual observer it may appear laden with all the
remedies necessary to cure the ills complained
OF, but its provisions only keep the word Of
| promise TO our ear and break IL TO our hopen
The great difficulty with this law is the limited
| power 1t gives 10 the commission. The supreme
court, in the proceedings against the Kansas Gen.
trail Railway Company in November, 1891, assure
us the question was bitterly contested In the leg
isature ut the time Of the passage the law "as
| TO what powers should be conferred upon or
delegated to the commission" some favoring
the delegation to the commissioners and coufts
full authority for the enforcement OF their
orders; others, and majority, opposed the dele
cation of such powers; and the result was that
advisory action only on the part OF the commits
sloners was provided for" Thus, then, with
| reference TO some important matters such as
that involve in the case referred to- we find that
the commissioners can simply advise the railroad
| companies; and we may presume that the COM
panes will be governed by such advice, II in their
| judgment 1t shall be deemed profitable for them
| TO do 80. Thus the law is rendered useless for
| lack Of authority inthecommissioners to enforce
itsprovisions or compel obedience to their orders
But, on the other hapd the supreme court in
United States supreme court wherein the Mime
sofa law OF 1887 is declared to DO unconstitutional
because IL clothed the commissioners with full
power and sought to make their orders final and
conclusive.
Here, then, is the Scylla and Charybds of leg
islative action; the ineficacy of too little power
on one hand and the unconstitutionality of too
much power on the other hand, To avoid these
obstacles must be the care of the legislature in
amending this law so as to make IL more effect
ual in righting wrongs. And 1t should be
amended 80 as to confer on the commissioners
authority to make orders and clothe them with
power to enforce such orders by mandamus or
other proper proceedings. On the other hand,
the right Of the railroads to DO heard on appeal
to the supreme court should not be denied them,
and provision should be made looking to the
prompt and speedy determination of such mat
tiers.
The right of the state to control the operation
OF railroads and to regulate, within Just and
reAbUndDlB DOunuB, Unelt IfelBnb and passenger
tariffs is no longer questioned.
There is also a growing demand that tho rail-
road commissioners las, indeed, all other inn
portant officers of the state) shall be elected by
the people. This is in accordance with the
theory of popular government, 1t Is safe to
trust the people in all matters pertaining to their
own welfare. 1t is objected that the election OF
these commissioners would result in board of
political partlsans. But there is no reason for
believing that persons 30 elected would prove
less faithful to the business and commercial in
terests of the state than il elected from oppos-
ing parties But If u method could be devised
by which minority party might be, represented
on elective boards, 1T would seem to be desirable.
1t has been suggested that a cumulative
method of voting by which minority representa-
ton Is secured might be applied in cases where
non-partisan boards are desired. But however
the commissioners are to be elected, they should
have power to frame such schedules OF freight
charges between all shipping points US will in
sure fair treatment to the shipper and just COM
enforce such rates and prohibit the unjust dis
elimination now made against some places and
in favor Of others.
The liberal bestowal Of free passes upon GER
tain Glasses of our citizens is pernicious and cor
rupting In its tendency and should be
prohibited At the recent general election and
the campaign which preceded it, great scandals
arose by reason Of the plentitude Of railroad
passes as potent factor q securing attendance
at certain conventions and transporting voters,
Statutory Revision.
hestatutes Of Kansas are in great need of in
telligent revision. The shortness OF the biennial
Legislative session has apparently operated TO
prevent systematic and careful effort In the
work of amendment. Amendments hastily and
inconsiderately made are often of doubtful util-
ity. Many Of our statutes are obscure; many
are cumbersome; some are obsolete. Others,
while accomplishing the purpose for which they
were designed, nevertheless entail useless costs
and expenses, and sometimes promote instead
of lessening litigation. The civil and criminal
procedure laws, the corporation law, the law
regu ating assessment and taxation, and many
Others demand the most careful and critical con-
sideration and amendment. A systematic re-
vision of the entire statutes, reducing them in
bulk, simplifying that which is obscure, and re-
ducing, where practicable, expenses OF admins
tration in the various branches of state, county
and city government, would be of great and
lasting benefit to the state, in comparison with
which the cost would be trihing. 1t Is hardly
necessary to say that such a revision should be
prepared by men selected solely with reference
to their adaptability to the work to be done.
| would therefore recommend the enactment
of law authorizing thorough revision OF the
general laws of the state, such revision to be
submitted to the legislature for examination
and enactment, with such amendments thereto
as the Legislature, may deem proper to make,
Should such bill be passed, would recommend
that provision be made for the printing by the
state printer of such revision, in chapters or
divisions, as rapidly as they may be prepared by
the reyisers and copies furnished to members
of the Legislature and judges of the courts for
examination, and that such persons be requested
to call the attention OF the revisers to any de-
feet or omission. appearing therein before
such revision shall be finally printed for the use
of the legislature.
Constitutional Revision.
The people of this state are still confronted
with the necessity of remedying certain admitted
defects in our present constitution; and il the
recent vote upon the proposition for q constitu-
tional convention be regarded as SO far final as
to render q further submission of it inadvisable,
it will become the duty of the two houses to
consider what proposed amendments to the con-
stitution should be submitted to the people at
this session.
Governor Humphrey in his first message to
the legislature, discussed at length certain
questions relating to the time and manner of
submitting amendments to the constitution,
and argued that the true construction OF that
instrument would permit the submitting of a
proposition for amendment at the November
election in any year. If this construction be
accepted, the present legislature can submit
amendments to be voted on in November next;
at which time, there being no state or congress
sional election pending, the amendments sub
mitted will receive more careful consideration
at the hands of the people than would be other
wise possible. The constitution permits but
three propositions for amendment at one time;
but If the present legislature should deem 1t
advisable, three proposed amendments could
be submitted, to be voted upon in November
next, and also three others in November, 1894,
which, if wisely prepared, would doubtless meet
with the popular approval, and go far towards
remedying some of the defects in our present
constitution; and if we are not to have con-
stitutional convention it is the plain duty of the
present legislature to take the initiative In this
work.
Among the changes demanded, section three
81 of the legislative article should be amended.
/ am fully satisfied that it is neither wisdom nor
economy to limit the pay of legislators to three
I III. Na1AI