The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1893-01-20

the land, nor in suffering its Violation With i'm.
punity. Nothing can be more demorslizing in
unaccompanied By wholesome effort for its
| enforcement; and however lame or inadequate
| 1t may be, the duty of those who administer
the laws Il clearly indicated.
Railroad Legislation.
No subject has claimed more legislative atten-
ton during the past decade than that relating to
state regulation and control of railroads. In
nearly II not all the states of the union some leg
commission or Court power to supervise, regulate
| Or control these great thoroughfares OF COM
| merce. This growing sentiment has taken root
fruits we're the present commission law It Would
pc going too far, perhaps, to say that this law
has been wholly barren Of good results. The peo-
profted little in the correction Of abuses. To the
casual observer it may appear laden with all the
remedies necessary to cure the ills complained
promise to our ear. and break it to our hope"
The great difficulty with this law is the limited
power it gives to the commission. The supreme
trail Railway Company in November. 1891. assure
us the question was bitterly contested in the leg
islature at the time of the passage of the law las
70 what powers r. should be conferred n upon or
"the delegation to the commissioners and courts
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
sioners was provided for" Thus, then. with
| reference to some important matters such as
that involved in the case referred to, We find that
the commissioners can simply advise the railroad
companies; and we may presume that the COM
panies will be governed by such advice, if in their
judgment ii shall he deemed profitable for them
to do Thus the law is rendered useless for
lack OF authority in the commissioners to enforce
its provisions comp0 obedience to their orders.
the case referred to elees the decision of the
United States supreme curt wherein the Mime
sofa law of lS7 is declared to be unconstitutional
because it clothed the commissioners with full
power and sought to make their orders final and
conclusive.
Here, then, is the Scylla and Charybdis of leg
on one hand and the nnconstitutionality 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 it more effect
amended SO as to confer on the commissioners
authority to make or. ers and clOthe them with
orders ny SsnS
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.
tiers.
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
the people. This is in accordance with the
theory of popular government. 1t 10 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 method could be devised
by which a minority party might be represented
on elective boards 1T would seem to be desirable.
q al
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 as 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 classes OF our citizens is perniciOus and
rupting In its tendency and should be
arose by reason Of the plentitude of railroad
passes as potent factor in securing attendance
at certain conventions and transporting voters.
Statutory Revision.
The statutes of Kansas are in great need of in
telligent revision. The shortness Of the biennial
prevent systematic and careful effort In the
work of amendment. Amendments hastily aud
inconsiderately made are often of doubtful util-
ity. Many OF our statutes are obscure; many
are cumbersome; some are obsolete. Others,
while completing 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 tie 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
the cost be Is
prepared by men selected solely with reference
to their adaptability to the work to be done.
l 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
the revisers, and copies furnished to members
of the legislature and judges of the courts for
examination, and that such persons be requested
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 If 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
proposition for amendment at the November
election in any year. II 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
at the hands of the people than would be other
wise possible. The constitution permits but
three propositions for amendment at one time;
but il the present legislature should deem 1t
advisable. three proposed amendments coulI
be submitted. to be voted upon in November
next ann also three others IN November, 1884,
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 a con-
stitutional convention. ii is the plain duty of the
present legislature to take the initiative In this
work.
Among the changes demanded. section three
80 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