The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-06-09
AT THE STATE HOUSE.
Senator LeweIling Defends
Himself Against Charges
Of Neglecting His Duties Re
garding Railroad Legislation.
News fthe State Departments-Per-
sonals and Notes.

Since the mass meeting of indignant
citizens of Wichita at which Senator
Lewelling was thoroughly denounced,
the ex-governor has found a copy of
the senate journal which contains an
amendment to the Harris bill when ne
offered It is in substance the Hack
ney amendment, but was defeated in
the senate. Lewelling now sleeps with
the senate journal within reach. rear
ing, perhaps, a nocturnal visitation by
his enemies. He wants to be ready to
show that it is all a mistake
There said the senator, exhibiting
the senate journal, page q, ''notwith-
standing the uprOar that has been made
In some parts of the state, there is an
amendment which, If adopted, would
have given the state board of railroad
commissioners all the power necessary
10 fix rates and enforce them IN
fortunately the amendment was not
adopted, and failure on my part to de-
1mand a roll call did not place the other
senators on record"
Section 20 of the senate bill as amend
ed by LewelIing follows:
THAT in all cases where complaint
shall be made by any person aggriev-
ed, or where the commissioners shall,
of their own knowledge, be convinced
that an unreasonable charge is made
or that the rate charge for freight is
unjust unreaSOna BILE or extOrtiOnate, it
shall De the duty of the commission
ers to Immediately Investigate the rate,
and if such rate appears to be unjust or
unreasonable, the board shall fix a day
for hearing the same, and shall notify
such railway company interested of the
time and place of such hearing, by mall
ing a notice, properly directed, TO any
division superintendent, general or as
siStant superintendent, general man
aver, president or secretary of such
company, which notice shall contain
the substance of the complaint so made,
and the board shall also notify the per
son or persons complaining of such
time and place. If upon such hearing
the board shall find such complaint to
be true, it shall require a modified
charge for the service rendered, such
as it shall deem to be reasonable, and
aging officer of the road against which
complaint is made; and the rates so
determined by the board to be reason
able shall be by the railroad company
affected, accepted and posted up in
conspicuous place in each depot in the
line of its road, that may be desig-
mated by said board. Such rates so
found shall, in all actions arising in
any court in this state, be taken to be
reasonable compensation for the Serv
ices for which they are provided, until
the contrary is proven, and all cOmpen-
satiOn demanded or received by any
such railroad company in excess of the
rates so determined by the board shall,
in any such action, be taken to be IN
just, unreasonable and eXtOrtiOnate,
until the contrary is proven.
In ALI cases of failure to comply
with any reasonable order or recon-
mendation of the board of commission
ers, the attorney general shall, on re-
quest of said board, commence pro-
CeedingS in mandanluS in the supreme
court of the state of Kansas to compel
a compliance with such order or rec
ommendatiOn, and such case shall take
precedence over all other business in
the supreme court, except criminal
business. ard be heard without unnec-
eSSary delay"