The advocate and Topeka tribune., 1893-01-18

Here, then, Is the SCylla and CharyDdlS or leg"
islAtive action; the inefcacy of too little power
on one hand and the unc0nstitutiOnality of toe
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 it more effect
ual in righting wrongs. And 1t should bC
amended so as to confer ON the commissioner
authority to make orders and clOthe them with
power to enforce such orders by mandamus OF
other proper proceedings. On the other hand
the right of the railroads to be 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.
ters
The right of the state to control the operation
OF railroads and to regulate, within just and
reasonable bounds, their freight and passenger
tariffs is no longer questioned.
There is also growing demand that the rail-
road commissioners las, indeed, all other i'm
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 partisans. But there is no reason for
believing that persons so elected would prove
less faithful to the business and commercial in
terests of the state than if elected from Oppos-
ing parties. But if a 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-paTtisan 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 as will in
sure fair treatment to the shipper and just COM
pensation to the carrier, with authority to
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 classes of our citizens is pernicious and
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 in securing attendance
at certain conventions and transporting voters.
Statutory Revision.
Thestatutes 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
regulating assessment and taxation, and many
Others demand the most careful and critical con-
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 triting. 1t Is hardly
necessary to say that such revision should be
prepared by men selected solely with reference
to their adaptability to the work to be done
/ would therefore recommend the enactment
-
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 az they may be prepared by
the revisers 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 a constitu-
tiOnal convention be regarded as so far final as
to render 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
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