The Topeka state journal., 1897-03-09

section 8. DTOnlDllS
ments. and section g. which requires the
posting of schedules of rates, can by no
possibility be brought within the penal
term of either section 25 or 70, because
pooling ARRANGEMENTS and failure to pub
lish schedules are neither '.extortions''
nor unjust discriminate TONS" Section
prohibits a discrimination in charges for
Transportation of persons and property,
but it imposes a. criminal penalty for its
violation as to passenger rates only, and
leaves the injured shipper to the poor
remedy of suing in the courts to receive
the excess he was compelled to pay. Sec
tions u and II declare penalties in terms
sufficiently broad, perhaps, to apply to
ity of section u, and probably of Il, is
that such penalties are not to be visited
but upon it's officers, receivers, or agents,
personally. The injustice of this is mani
fest Why should these penalties be i'm
posed upon the individual, and not upon
the corporation in whose interest the Of
poration be allowed to go free and its
station agent, conductor, or other servant
suffer the consequences of an offense
which the corporation has commanded
him to perform? 1t is no answer to this
to say that the imposition of these penal
ties upon these officers and agents win
be sufficient to insure compliance with
the law. Experience has demonstrated
that in legal trials under such laws, the
er. a striking Illustration of this has
Gently occurred. One of the great rail-
roads of this country and of this state.
the Santa Fe, paid out in the course of
about two years, between seven and eight
shippers. The facts were brought to light
by an expert accountant at the time the
road went into the hands of the receivers.
No denial of the fact was made by the
companys officers, but, on the contrary,
they frankly admitted the occurrence of
the offense. The president OF the COM
pany. Mr.. Reinhart, and some of the su-
bOrdinate officers, were indicted in the
United States courts for violation of the
interstate commerce law, but, upon trial.
which recently occurred in the city of
Chicago. it was impossible to trace the of
tense or any knowledge of it's commits
sion to any of the accused parties, and in
consequence, all we're acquitted.
Section u, and especially II, before re-
ferred to, would likewise seem to be nu-
gatory in respect to their penal provis-
thereby imposed are not directed to be
credited to the school fund, as the con-
case of the A, T. &, S. F. Ry. Co. VS.. the
state, % Kansas, law imposing a penalty
sound signals at highway crossings, one
half of which penalty was to be paid to
the informer, was held to be in violation
of section OF article OF the censtituc
ton, which declares that 1.-The proceeds of
fines for any breach of the penal laws
shall be exclusively applied in the sew
eral counties in which the money is paid.
or fines collected, to the support of COM
mon schools" Some of the penalties de.
imposed punishment for contempt of
the courts. This may raise a possible
question as to whether they are penal
statutes strictly so called, but the bet
ter opinion would seem to be that they
vert the fines assessed Hereunder from
the school fund to other funds, and par
than to the treasury of the county in
which they are collected. they are clearly
violative of the, constitutional provision
in question, and furnish no safeguard
against the commission OF the prohibited
acts.
Section % creates an offense called Sex
tortion," which is defined as the charging,
collecting, demanding, or receiving more
than a fair and reasonable rate of toll
a Of
passengers, or freight of any description,
or for the use and TRANSFORMATION of anV
railroad car, or the making of any un
just and unreasonable charge prohibited
by this act.
from one to five thousand dollars for
felt of a similar amount for "extortion
or the making of any unjust discrimina
ton as to passengers or freight rates for
the use and transportation of railroad
cars or in receiving, hauling, or delivering
freight An attempt to punish for this Of
Tense would require proof that the charge
made was unjust and unreasona BILE,
which involves the whole issue and would
require not only the evidence, but judi
cial Interpretation of what is unjust and
unreasonable as well a judicial inter
probation of the somewhat involved Ian
guage used in these phrases. These fines
and forfeits are probably open to the
same objection that they are in conflict
with the constitutional provision which
requires all such sums to go into the
penalty declared by this bill VIII stand
the test of judicial Interpretation and be
l.
nitely granted the commission are so in
that even if the penalties were
tied, there is very little authority to be
disobeyed for which any penalty could be
3. By it's express terms the bill makes
of the railroad commission mere justice
of the peace court from which litigants
pass to the district court to begin anew
the trial of their cause, but fails to give
to this tribunal even the power to compel
and to enforce its DEGREES with
which fcf i0v1o is-
gifted.
Section "a provides that either the rail-
dissatisfied with the decision. order or rec
ommendation of the board of railroad
commissioners. appeal therefrom to the
district court in the same manner as ap-
peals are allowed from judgments of just
ices of the peace" If the party appealing
gives a bond to pay all the costs in the
case it shall operate as a supersedeas."
1t is prescribed that this action shall be
irled ana determined as other civil causes
in said court and shall be subject to the
same procedure by ,writs Of error as
familiar language. the cause may be ap-
pealed from a board of railroad commits
siOners to the district court and the whole
trial shall be begun again, so that the time
consumed before the commission is sim
ply wasted. A Justice of the peace NAV
compel the attendance OF witnesses at his
court, but the railroad commissioners are
powerless to do this and are forced to so
INTO some other court and beSeech it's
sistance to bring before this commission
the meekest citizen whose attendance and
information they may desire. and this
power can only be invoked when court
IS in session: Consequently, the railroad
commission itself would be compelled to
await the beginning of a term of court
in order to get power from the court to
compel witnesses to attend at sittings. To
compel a commission that is created for
the purpose of controlling and regulating
the greatest corporations in the state to
adjust their proceedings and regulate
their sittfngs to the terms of the district
courts in order to secure the attendance
OF witnesses and the production of docl-
ments places them in a position so alb
Ject as to seem almost ridiculous. The
power and the dignity of this commission
should be commensurate with the vast re-
devolve upon it This Commission Should
certainly be granted at least as great
powers as are given a justice of the peace,
ana Know OF no reason why a district
court should be empowered to review their
every lAciSinIl