Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-07-06
THE FOLLY OF A SPECIAL SESSION.

THE FOLLY OF n SEssluNs
The restraining order issued by the
United States circuit court against the
putting into effect of maximum freight rate
bills adopted by the legislatures of the two
Dakotas, points again the folly that Kansas
would commit II she sought at this slime to
adopt and enforce a similar measure. We
presume It would be worse than useless TO
attempt to argue to the Populists of Kan
sas the gross injustice Of their contem-
plated bill. but it may be possible they will
take heed to selfish considerations which
are Of Importance to Kansas and them
selves.
II must be assented to by everybody that
a maximum freight rate law in Kansas or
anywhere else can be OF no service unless
II be enforced. The question Of whether
such a law, under the circumstance of the
proposed Kansas bill. can be enforced Is
still an open one. but it is approaching So
luton so rapidly hat the October term Of
the United States supreme court is likely to
bring a decision which will settle forever
the constitutionality Of this kind Of leg
~islation. 1t was hoped this decision would
be reached before the summer adjournment
OF the court, but the case went over with
the understanding that Il would be taken
up quickly after vacation. The case pend
ing is what is known as the Nebraska rate
case" and II reaches the upper court in the
form of an appeal from the circuit court,
which held that he Nebraska maximum
freight rate bill was unconstitutional. Any
case that might be made over the Kansas
maximum bill would. be a practical dupli-
cate Of this Nebraska case, as well as of
the Dakota cases which are proceeding
along the same route. There IS no sense
in duplicating cases when a decision 10
one will determine positively the issues that
are contained in all. II the Supreme court
shall hold that the Nebraska law is IN
constitutional and make perpetual the in
junction issued by the circuit court. that
will settle the unconstItutionality OF the
proposed law in Kansas; while, on the
other hand. II the supreme court shall dis
solve the injunction and hold that the state
has the power to fix such rates as II may
determine 10 be reasonable, then the leg
~islature Of Kansas will be in position to
take up the question intelligently and adopt
a scale of rates with the assurance that 1t
1. constitutional and may be enforced.
II would seem obvious. then. that the
calling of a special session OF the legIs-
lature which can have no other possible
effect than duplicating a case already ripe
for final decision, would be an unnecessary
and expensive piece Of work for Kansas.
II is certain that until the supreme court
holds maximum rate laws to be constitu-
tional no railroad will put them into effect,
and it is therefore assured that relief can
not be obtained for any Of the complaining
people and interests by the mere passage of
such a bill. 1t is estimated that a special
session Of the Kansas legislature will cost
1900 for every day 1t is in session, which
would seem a very -extravagant way OF in
viting an entirely unnecessary law suit.
We do not know whether or not Governor
Leedy has assurances that a special session
would pass the desired bill. We do know