Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1897-01-13

OF our state. The reports of this office
have not only received concentrations
from the press of the state, but have been
accepted as good authority on certain mat
tiers in our sister states. AS a large portion
or our citizens are interested in agriculture
deem II rlght and proper that TINS poafd
should receive due consideration at your
hands, TO the end that Kansas may have
the advantage OF the experience OF others,
and along the different lines which bring
success TO the men engaged in this call
ing" -.
the board % public works be abolished is
indorsed, bat an argument made for the
continuation Of the state board oil health'
Various Recommendations.
As to irrigation no recommendation IS
made except that the legislature give the
mHtter careful attention.
1t is recommended that the state for
estry stations and the SILK station be aDoI-
Liberal support of the live stock sanitary
commission IS urged.
A change in the grain inspection laws IS
recommended, 10 the end that inspectors
and welglTcrs be appointed by Lhe state.
II, however, the legislature does not
deem 1t wise to follow TINS recomInehu4l-
ton then l recommend that the board oil
grain inspectors be abolished -altogether,
80 that the grain raisers WIN not De De
CeiVed as TO the real state OF aftalrS, Whlcl
is that the receivers of grain practically
do both the weighing and inspecting
a consolidation Of boards IS recommend
ed so as TO have all OF the penal lnSutu-
tions under charge of the board OF erect
ors for penal institutions and all Of the
charitable institutions under the super
vision of the state board of charities
Reform of the insurance laws for the
protection of insurers Is urged.
District ownership of textbooks, %hlle'
not urged upon the legislature, is strongly
As to the Kansas City stock yards, Gov
ernor Leedy suggests that 4U per cent
profit above the price in the Kansas city
market is sufficient on the sales OIL gram
and hay, and l recommend an enactment
.oeFa.a Tlaa ztaff GhnIIld
vide that the live stock sanitary commls-
sion should have such control OF the STOCK
yards owned by the above named nan com com
ment OF the laws you make, II TINS rec
ommendation commends itself TO your
Judgment.
The Railroad Question.
Under the head of railroads, Governor
Leedy says, in part:
saThe question of the regulation of trans
portation companies has been one that has
commanded the attention OF the legisi3-
lures Of the various states since railroads
were first introduced. These corporations
have received their charter rights from the
various states, end these states naturally
concluded that they had the right to reg
ulate and control the corporations they
had thus created. This view of the case
was constantly combatted by the corpora
tions, who claimed, as they were private
corporations, they were not subject to
state legislation so far their charges
were concerned, q view they have not yet
abandoned. When, however, the courts
OF the state began TO hold that they were
1. public corporations, and, therefore amena-
lie 10 the legislatures of the states, they
appealed TO the federal courts, claiming
first, that they were private corporations;
and. secondly. that, IL they were quasi
public corpora tions the regulation of them
could only be had through the federal con-
Eress. The courts having sustained this
view. the people of the various states then
demanded that the federal congress should
pass such legislation and create such
boards of control as We're necessary to Sc
cure to the people their just rights in the
matter. In obedience TO this command,
congress, eleven years ago, created that
subterfuge for justice called the interstate
commerce commission. and enacted legis-
lation that was supposed by the people TO
be for the purpose of securing their rights
and controlling these corporations. After
eleven years of weary waiting, the people
are now told by this commission, in its
tenth annual report, just issued, that the
law under which they were acting was de-
fective and had been held by the court of
last resort as imperative and unconStitu-
tional.
THUS. after fifty years of effort in this
direction, we find that practically nothing
has been done toward the control of cor
porations; that the question has been de-
layed and avoided as much as possible
through the courts, and, finally, at the
end,we find the viii of the people thwarted,
and the corporations resting upon the bos-
ON of the supreme court with the same
feeling OF confidence and security that an
infant reposes upon the bosom of a wet
nurse.
Maximum Freight Law Urged.
'Tf the congress of the United States pass
an amended law, the torpid snake of litiga-
tion viii again begin 10 crawl slowly
through the nuazes of the law toward the
court of final Jurisdiction. and If the leaden
heel OF Justice is slow, and if the med
itations of the court are as great. and if
they shall ponder as long, over the con-
stituticndlity of the law in the future as
they have in the past, posterity will have
arrived In time to hear their next decision.
fGff fnF hHaNW
ceased TO take interest in transportation
matters on this earth, because they will
have been transported beyond the juris-
diction of the court Therefore, it seems to
me that IL relief is desired by this gener-
alton, they cannot wait upon the slow evo-
luton of the federal congress and federal
courts, but must seek relief without re-
sorting thereto.
"I, therefore recommend that the legis-
lature pass a maximum freight law that
will be fair to corporations and just to the
people. believe. also, that the board of
railroad commissioners should be clearly
vested with the powerA OF a court, and
given the power to adjust fares and
freights within the state of Kansas as they
may deem just, and not exceeding the max
imum rate, and that their powers shall be
made definite ana certain. but subject to
appeal 10 the supreme court of the state.
In doing this, think the legislature should
not proceed in any spirit or retaliation or
revenge for the misdeeds of corporations
in the past. but they should make their
purpose clear TO these corporations, that,
of this state are TO be taken into account,
as well as the welfare OF the corporations.
and that profits in good times and losses
in bad ones are to be equally shared be-
tween them.
''Ir the corporations will accept such Just
and fair regulation, subject to review by
the supreme court of the state, well and
good; but IT, in the future. in the past,
they flock under the protecting wing of the
federal courts, where justice to the people
seems not only blind, as it should be, but
deaf and dumb also, then L advise the peo-
pie of the state of Kansas to seek for JUS
tice out of court.
State Railroad Suggested.
"In doing so. I can only point TO one
route by which IL can be obtained and that
is for the states west OF the Mississippi
river TO build a road of their own to tide
water by the shortest and most direct
route. which will put them In position to
command the situation without getting into
any complication with che railroad COM
panies or with the federal courts.
1--WE have at Galveston. now, an harbor
that can be safely entered by the largest
ships The federal government has eXpend-
ed So 1900 In creating an outlet in Calves
Ton bay, and providing safe harbor for
"A terminal point. In order TO get TO this
barbor. there are no mountains TO tunnel
and no large rivers 10 cross and no en-
gineering difficulties In the way. 1t Is praC-
IicaIly a plain upon which a road cannot
only he built but can be operated cheap
ly as anywhere in the world. AT the pres
eut value of labor and material, q road can
he huilt for from $500 to SlD.eG9 mile and
tt would be as unjust 20 the people of this
generation to ask them TO support a rail-
road bonded at $4,000 Il mile, as ii would
have been to have compelled the people of
a preceding generation TO maui their grain
ard merchandise on the tuTnpikes of that
time. after they had been paraileled by
railroads.