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

0mcefS or the law, In mSreg&rdlng the law Oh
purity. Nothing can be moro demorslizfng In
| o community than the open violation Of law
unaocompanied By . wholesome effort for its
| It may be. the duty of those who administer
the laws ID clearly Indicated
Railroad Legislation.
Nesubject has claimed more legislative atten-
tien during the psst decade than that relating to
state regulation and control OF railroads. In
nearly not all the states of the union some leg
islation has bcen enacted giving to some person,
commission or Court power to supervise, REGULATES
merce. This growing sentiment has taken root
in Kansas, as well as elsewhere, and In 1888 its
| fruits were the present commission law. Itwould
has been wholly barren of good results The peo-
| pie expected vast benefits from it, but have
proted 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 il II. limited
court, In the proceedings against the Kansas Cen
trail Railway Company In November, 1881. assure
the question was bitterly contested In the leg
islature at the time of the passage Of the law
to what powers should be conferred upon or
delegated to the commission" some fayoring
'.the delegation to the commissioning 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
reference to some important matters such as
that involved In the case referred to- we find that
the commissioners can simply advise the railroad
panfes will be governed by such advice, if in their
Judgment it shall be deemed profitable for them
to do 80. Thus the law is rendered useless for
its provisions or compel obedience to their orders
But, on the other has, the supreme court in
the case referred to cfees the decision Of the
sofa law of 1887 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
islative action; the ineficacy of too little power
on one hand and the unconstitutionality of too
obstacles must be the care of the legislature in
amending this law so as to make it more effect
ual in Fighting wrongs. And it should be
amended 30 as to confer ON the commissioners
authority to make or. iers 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
tiers.
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
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 minority party might be represented
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 as will in
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.
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-
are cup,bersome; some are obsolete. Others,
while accomplishing the purpose for which they
were designed, nevertheless entail useless costs
and expenses and sometimes line promote instead
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. 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
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
to the legislature for examination
and enactment, with such amendments thereto
az the legislature may deem proper to make.
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
of the legislature and judges of the courts for
and that such persons be requested
to call the attention of the revisers to any de-
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-
honal convention be regarded as SO far final as
to render further submission of it inadvisable |
it viii 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 |
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 |
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
three proposed amendments coul
be submitted, to be voted upon in November
next, ant also three others In November, 1894,
which, If wisely prepared, would doubtless meet |
with the popular approval. and 60 far towards |
come of the defects in our present |
and If we are not to have 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