Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1897-07-15
RAILWAY BOARDS SIDE.
A SEMI Omoial Statement From socre-
tnry Turner.


TOPEKA, Kan, July l0.-R. w. Tur'
ner, secretary of the state board OF
railroad commissioners gave out yes.
terday statement relating to the
work OF the board, The interview
gains additional Importance from the
fact that 1t Is semiohical and UNI
doubtcdly expresses the views Of the
board on the subject.
Mr. Turner says;
81 appears to me that most OF the
discussion that has taken place in the
newspapers relative to the rate ques-
ton in the state Is INDUCED in by
many persons VINO ignore the existing
law or persons who are not familiar
with il. The board of railroad com
missioncrs cannot act on their own
motion in matters relating to trans
portation, but that they can act if any
violation Of the law OF 1881, as TO car
rying freight, is properly brought
before them, there Is no doubt
Neither Is there doubt as to
their power in the premises, In the
fifty-ifth Kansas reports, page @l@,
the supreme court has interpreted the
law relative to freight rates which
now governs the actions of the board.
In that report, board OF railroad COM
missioners VS. the Symns Grocer com
pany the supreme court held: 1T Is
well settled that it is competent for
the Legislature to establish rates and
classifcations to be charged by the
railroad companies for the transport
tation of passengers or freight be-
tween points on their lines within the
state, and also that this power may
be largely delegated to boards of
commissioners Under the act of
1883, as since amended, n code Of rules
is provided for the regulation and con-
troll of the railroads, and it confers
upon the board OF railroad commits
sioners the power to establish or re-
wise rates of transportation. and the
finding and adjudication of that board
as to rates is to be accepted by the
railroad company, posted up in the de-
pots on the lire OF the road, and taker
as reasonable compensation for the
service for which they are provided,
until the contrary is proven. The find
ing and adjudication of the board is
prima facie evidence of the matters
therein stated, and OF what is rea-
sonable charge in all actions for such
services"
Valid complaints against railroad
companies can easily be made by ag-
grieved parties if the statute prescrib-
ing the rules for making the complaint
is followed; and such complaint made
in due form of law give the commits
sioners jurisdiction and legal statu-
tory investigation may be had, and
the matters in issue determined by
competent evidence offered before the
commission by the compliments and
respondents. The law provides for
just such an examination, and it is
surely not the fault of the commission
that they are not called upon to for
mally pass upon the rate question
"The board of railroad commits.
sioners cannot act except upon com
plant in due form of law, and if
Taxpayer and Citizen are aggrieved
by existing freight rates, the way is
open for them to formally bring the
matter before the railroad commits
sioners for examination, and such
action on their part would be more
effective in determining the rights of
all parties affected by this question
than all the newspaper correspondence
they might otherwise indulge in"