The morning call., 1893-01-04

EpeCiheu ass
such tariff tas that on paper is incapable OF
intelligent discussion or settlement by numer-
GUS legislative body. Eaeh item and subdi-
vision OF q becomes the subject OF Infinite
amendment and endless controversy, so that
any such enactment must either be adopted and
passed as il issues from The hands Of the COM
mifee that prepared it or not be passed at all.
Men who desire 10 decide imparislly between
the railroads ana The public shrink from this
alternative; While those who only affect such inn
partially aIe afforded an excuse for pretended
doubts and differences on which TO base discus
sion. Thus the session IS consumed 10 frullless
debate and The whole question finally ad-
journed over until The following Que. This
difficulty, often experienced, led on 10 the
adoption or our present constitution, 10 the
expedient Of conhding Tie subject OF railroad
fIetghts and fares 10 commission OF three
persons by whom they might be studied 10 de-
tall and gradually changed from time 10 Time as
needed.
On the abolition OF the Board OF Railroad Com
missiOneTs the power and duty OF regulating
Heights would deYolve upon the Legislature.
1t cannot De eOniided 10 any commission created
by mat body; and considering The complexion
OF The questions involved; the amount and eX-
tent Of q -tail comprised IN them, and the scope
for difference Of opinion, IL is morally certain
that no bill regulating the subject and giving
any SUBS anlia relief can be passed into law:
certainly not within any reasonable time.
There are earnest .eformers who are convinced
thai an enactment prohibiting any classification
OF lnanimate merchandise except by weight, bulk
and lise physical characteristics, aud requiring
Tie division OF all charges for transportation
into terminal and movement charges on the
pTiBci le above referred 10 would be d wise aud
sufficient one
Hence we have sought remedy within the
general lines of Tie existing method OF deteTmln-
ing charges. Ii happens that a classification OF
merchandise railroad freights has been adopted
and is In use by almost all the railroads IN the
States west of The Mississippi, called The Western
classification. Those States are mainly agricul-
tural, as ours Is, and a classification found sub
stantialiy suitable 10 their needs may, we believe,
be safely recommended for adoption here, sub
jeet TO changes by the legislature as experience
may suggest
We ind, TOO, that there Is In force in Kansas a
schedule OF raIl Dad charges termed "the Kansas
local distance tariff" based Substa Dtially on The
idea Of a terminal charge and a rate per mile for
movement. IL h ) been found 10 be fair aud
sufficiently remuneraIye 10 the railroads IN Kan
sas, and we believe IL can safely be adopted in
this STATE as a substitute Tor existing rates, 10
be 10 force until others are lawfully adopted
To carry out these changes we have prepared
bill proposing To tile people of The state an
amendment 10 the constitution, abOlIshing the
haliroad Commission, requiring the Legislature
to regulate The charges by law and adop Ing. I'M
I'll such law be passed. the Western Classca-
tion and tbe kansas Distance allf"
With regard 10 the numerous deficiencies IN
our laws under which the great railroads OF the
state exist, we are OF Opinion that the subject Is
too Large 10 be iaken up in detail by the Traffic
Association, especially at the pres,n time.
Certain evils are, however, SO conspicuous and
pressing that remedy for them should be pto-
posed. al once.
AS regards remedies for the misconduct OF our
own railroad companies we observe that do
nestle corporation which abuses It's franchises
or fails TO comply with tie law OF tile land may
be punished by cuniagy penalties, as well as
by forfeiture Of its charter and corporate pfyl-
leges, and that The disposal OF the property OF a
corporation dissolved for misconduct can be
prescribed by the law OF the state, from which IL
derives It's corporate existence.
These principles OF law suggest easily avalla-
bic remsdi for abuse OF tile corporate powers
by railroad corporations. A Law should be passed
fOrbldding discrimination by rail Dads or the ex-
action Of Illegal charges and providing punish
meHL for such offenses
An oyercbarge or discrimination in the rate OF
freight may be sum eieBt To determine the course
Of trade as between individuals or localities
withOut being OF sufficient amount 10 give iuris.
dictiOn In civil &c Ion 10 court OF record. The
amount OF damages recoverable by an individual
for violation OF pubic right may be, In parlicu-
lar Instance, Insignificant, yet the public wrOn
be enormous. Hence "A system Of punishment
commensurate with The public Injury should be
provided for all ofienses OF this kind.
The bills drawn by the committee will not
be made public until they are offered al
Sacramento.