The Topeka state journal., 1897-03-09
The Governor Kills the So Call
ed Harris Bill.
Says it Is No Better Than the
Present Law.
1T WILL NOT SATISFY
The Populist Party Because it
Is Too Weak.
Points Out the Kind of a Bill
That Should Pass.

Governor Leedy today vetoed the rail-
road rate bill commonly known as the
Harris bill The bill originated in the
senate and passed that body then went
to the house where an effort was MADE
to substitute the house bill for 1t, put
the supporters of a maximum rate Dill
were defeated in the house and finally
agreed to the senate bill. Some few I'M
material amendments were made by the
house and the senate then concurred
in the house amendments 13 senators
filing a written protest against the
measure.
Governor Ieedy then took the meas
ure under advisement and has carefully
gone over the bill section by section and
TODAY vetoed the measure assigning as
his reason that the act is impractical
imperfect. loaded down with technical
ties and that while it pretends TO give
the railroad commission authority 1t
does not in reality do so. In short the
governor says that the proposed meas
ure is not any better than the existing
law.
His message to the legislature is as
follows:
TO the House of Representatives:
Gentlemen With 1 trust, a proper ap-
probation of the Importance of the prob
lem involved and of my own responsible
thoughtfui consideration to senate bill No
524. entitled, An act concerning railroads
and other common carriers, defining the
powers and duties of the board of railroad
commissioners. providing for the ENFORCE
ment of the orders of said board, pre-
scribing penalties for the violation Of the
provisions of this act, and repeating all
acts and parts of acts in conflict mere
with and have exhausted the time al
lowed me under our laws in which to
reach a conclusion. With some reluctance
onI lad a
to certain deficiencies in this bill and to
certain objections to it which arise
F'irst-The bill suggests no way by
which an aggrieved shipper can secure
practical relief.
Second-The penalties named are so
hedged about that they will neither com
pei obedience to the terms of the law, nor
enforce subsection to the orders OF the
Third-By it's express terms the bill
makes of the railroad commission mere
justice of the peace court from which hti-
gants pass to the district court to begin
siie" ne Slla4 VI t1Aeii Se1tIoe ~ IentAS - -
give to this tribunal even the power to
compel attendance and to enforce its de-
crees with which that less august func-
FouTth-Ofering the shipper no defensi-
BILE advantage that is not his under the
present legislation and securing to him no
means of redress that is not his already
by virtue of the ancient principles of the
common law, this bill actually ctrcu1n-
scribes the rights that he would have un-
der the common law, in that it induces
him to a struggle before the railroad COM
mission, which only lands him in the dis
trict court in no better position than that
Of his contemporary who begins his act
ion there without reference to this stat
ute, but who has not lost the time con-
sumed before the commission
F'ifth-The bill itself offers opportunity
and suggestion for such an infinite array
of technical legal complications that it
is difficult to see how anything can be
definitely accomplished under it provis-
ions
railroad commission to go into court and
Ia of la oT~cya
sums of money for which this legislature
has made no appropriation and without
Which the bill would be wholly inefectual
leaving the commissioners with neither
power to give effect to their opinions. nor
ice which can force its DEGREES.
L The bill suggests no way by which
cal relief.
Section 10 provides that the railroad
shall be liable to the shipper who has a
grievance for three times the amount of
damages sustained in consequence of any
Such vocation OF the provisions Of this
reasona BILE attorneys fee" However,
very few shippers will suffer over-charges
large enough to warrant them in risking
the consequences of a suit at law with
the great array of costs that would be
taxed 10 the pla1nttn II he lost. Each
would suffer in silence because he fear
ed to take up fight when he felt that the
state ought to protect him. not only from
the wrong, but from the necessity of de-
Tending himself against it. Section II still
permits to him the old common law prtvi-
lege of bringing suit if the common car
rier has wronged him, a privilege which
he has at present. Under section Is, he
can complain to the board of railroad
commissioners, and if he is able in what
amounts to a law suit to establish the
Justice of his position. the commissioners
viii give him ruling in his favor. which
amounts to prima facie evidence with
which he can go into the district court
and begin law suit and cast the burden
of proof upon the railroad couDaDv 7
am unable to discern what advance this is
over the present statute, or that the mere
shifting of the burden of proof is worth
the delay required and the preliminary
struggle demanded. Under section 16 he
may induce the commissioners to notify
the railroad company to discontinue the
oNercharge and to make reparation to the
Shipper-a very lady-like remedy indeed
Section Is gives the shipper who has
been over-charged the right to make a
complaint and secure a recommendation
which. like the one before mentioned is
prima facie evidence in any law suit which
he chooses to bring and entities him to
nave the commissioners go before the su-
preme court and secure a rnandamus to
compel obedience to this order. with the
long delays and the serious expenses in
VOlved. all to secure the return of a few
dollars, which is as much as nine hundred
and ninety-nine shippers out of a thou
sand ever suffer. The commonwealth
should be able to offer to the citizens a
better protection against what he justly
practiced upon him by the powerful cor
poratlons which the commonwealth itself
brought into life and permitted to secure
control OF ali its great avenues of COM
merce and traffic, than the mere right to
go before a court of commission to battle
with this powerful opponent. a privilege
Tor which he is under no obligations TO
any legislature, but which has been
banded down to him from his ancestors
for untold generations.
z The penalties named are so hedged
ABOUT that they will neither compel obed-
missioner.
The penalty named in section 5 applies
only to passenger traffic. Several sections
prohibiting acts of discrimination other