The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-03-21
WHERE TIE FIGHT WILL END.

Have we come to the reign OF the
judiciary in this country? is question
to be asked and one Of reasonabieness.
Ours has been held to be a government
of the people, whose demands, wills
and rights were lodged in representa-
tive coordinate powers, consisting OF,
first, the legislative; second, the execu-
tive and third, the Judiciary. The judi
cary has for years been gradually assert
ing itself, not only for the adjustment
of right and equity, by the rule of
precedents but encroaching upon the
executive and annulling the acts of the
legislative in such a marked degree and
in such an emphatic way as TO attract
more than passing attention. The
solemn act of legislative power and its
official sanction by an executive is no
longer considered law until the judiciary
has said what such act must and shall
mean. This assertion is not outside of
the observation of nor even the comment
of the people.
The interference by the United States
courts with the operation of the rail-
road laws of the state of Kansas and
directing that the receivers of the Santa
Fe, may not only ignore the state COM
mission but need not comply with the
decision of the supreme court of the
state, is a startling piece of business.
Under the constitution, each state Is
guaranteed the right to control internal
commerce and regulate their business
affairs. Under the law the Santa te,
Kansas corporation, was placed in the
hands of the receivers, but under the
law the receivers are amenable TO nc
state law.
The experience has been that roads in
the hands Of receivers have proved
blessing to its patrons and the country
it traverses, because they are thus re-
lieved from entangling alliances and
meet the wants of the people without
being subject to the dictation Of foreign
connecting roads and imaginary basing
line complications. If the state board
of commissioners should insist upon the
other roads putting in the Wichita rates
it would be absurd to think that the
Santa Fe would not do the same. The
whole business is understood, and the
court was asked to pass upon the Santa
Fe's case for no other purpose than to de-
feat the will of the people, the decision of
the supreme court, and the ruling of the
state board of railroad commissioners.
This government has been trying for
years through the interstate commerce
commission to prevent determinations,
but every important case has failed for
want of power or jurisdiction. Our
people fought for the Wichita rates be-
cause they were reasonable and just.
For years they had submitted to dis
examinations of the most fragrant kind,
a fact which the roads have admitted,
while claiming under their association
rules that they were powerless to remedy
this wrong, as any voluntary move In
that direction would entail boycott SO
powerful as to bankrupt them.
The railroads have had fair trial in
this state, the people have waited long
.and patiently for justice, but have been
met on every hand by deception and
promises, only made to be broken. AZ
ter years of litigation, to win only to
lose through an unforeseen source has
put our people upon their metal and
what seems today like victory for the
railroads will result in a most expensive
defeat