Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-01-21

| officers Of the law, In disregarding the law OF
the land. nor IN suffering its violation with Ina
| . ceunnaunity than the open violation OF n law
| unaocomp&nied by Q wholesome effort for It's
it may be- the duty of those who adnninister
the laws b clearly indicated.
Railroad Legislation.
No subject has claimed more legislative atten-
ton during the past decade than that relating to
| state regulasion and control of railroads In
nearly Il not ali the states of the union some leg
| islation has been enacted giving to 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 1885 its
| fruits were the present commission law. II would
| be going too far, perhaps, to say that this law
| has been wholly barren Of good results The peo-
! pie expected vast benefits from it, but have
profted little in the correction of abuses. To the
remedies necessary to cure the ills complained
| of, but its provisions only keep the word OF
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
court, in the proceedings against the Kansas Gen.
| trail Railway Company in November, 1881, assure
the question was bitterly contested In the leg
slature at the time of the passage of the law "as
| to what powers should be conferred upon or
delegated to the commission" some fsvoring
| 'the delegation to the commissioners and courts
full authority for the enforcement of their
orders; Others and a majority, opposed the dele
cation OF such powers; and the result was that
sioners was aJ provided for Thus, then. with
| reference to some important matters such as
that involved in the referred to- we ind 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 it shall be deemed profitable for them
to do so. Thus the law is rendered useless for
lack of authority in the commissioners to enforce
its provisions compel obedience to their orders.
But, on the other had, the supreme court in
the case referred to cfees the decision of the
limited Mates W
sofa law of 1887 declared to be unconstitutional
because it clothed the commissioners with full
conclusive.
Here, then, is the scylla and Charybdis of leg
islative action; the hethcacy 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 it more effect
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 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 eppos-
ing parties. But if a method could be devised
by which minority party might be represented
elective boards, 1t would seem to be desirable.
hoe haor tod hat 1Infi,
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 cor
rupting In its tendency and should be
prohibited. At the recent general election and
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
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
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
lasting benefit to the state, in comparison with
which the cost would be trihing. It is hardly
prepared by men selected solely with reference
to their adaptability to the work to be done.
l would therefore recommend the enactment
of a 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
Should S such bi be passed de would
that provision be made for the printing by the
state printer of such revision, in chapters or
divisions, as rapidly as they may 5e prepared by
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 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. 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.
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 could
be submitted, to be voted upon In November
next, ana also three others in Novem Der, 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-
stitutiona convention. it is the plain duty of the
present legislature to take the initiative In this
work
Among the changes demanded, section three
(3) 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