The Topeka state journal., 1897-03-09
VETOED.
rContinued from First Page.I

from FlrSL 3aBS.l
that the provisions in this bill against dis
elimination supported as they are by no
penalty that is sure of enforcement offer
the shippers no advantage over present
legislation that he can hope to maintain
corporations would avail themselves. The
only means of redress that this bill Sc
court of commission and prove that ne
has been robbed. This right, the common
law which he Inherited from his fathers
and which is still the law of Kansas ex-
cept when statute steps in, amply Sc
cured to him If he goes into court and
begins action under his old common
law right, he saves the time which an
Commission only to ind himself by ap-
peal of the corporation in the district
law brother and with no start there which
the other man had not enjoyed.
5. The bill itself offers Opportunity and
suggestion for such an infinite array of
technical legal complications that it is
definitely accomplished under its provis-
ions.
Section l provides for the removal of
as provided for the removal of other state
officers State officers. in the common
accept alton. are the executive and perhaps
some of the judicial officers of the state
officers. under sections 27 and IS of ar
ticle of the constitution, are removable
upon articles OF impeachment preferred
by the senate. This remedy is not suffi-
ciently summary for the removal of su-
coordinate officers of the executive depart
ment; and for unfaithfulness in the dis
charge of their duties. the people should
not be compelled to resort to the slow and
cumbrous methods of constitutional i'm
peachment. If by state officers. used
in this section, is meant the appointive
members of the state administration, the
section in question is impossible of appli-
cation, because there are several differ
ent ways provided by statute for the
moval of different classes of such Off
ure to be adopted.
Section prohibits discrimination be-
aneous services in the transportation of
like kinds of traffic. The portion OF
found is evidently borrowed from section
, of the interstate commerce act of con-
ever received judicial construction, or
construction by the interstate commerce
Indefinite to be readily comprehended.
What is "contemporaneous service per
formed by two or more persons? Does it
mean service performed upon the same
train. or the same day, or the same week,
the word 'contemporaneous" is. occur
ring az the same time" If this section
only prohibits discrimination between per-
sons for services occurring at the same
time, its provisions are utterly Valueless.
1t is no advantage to shippers if Il rate
can be charged to particular person one
day, and a different rate to another per-
company can shelter itself behind the pre-
text that the services in the two instances
were not contemporaneous.
Section is identical in language with
section of the interstate commerce act
as far down as including the words like
and contemporaneous service in the trans
portation in like kinds of traffic" but
section of the interstate commerce act
goes on with the words, under substan-
TALLY similar circumstances and condi-
tions." These words fortify and explain
poraneous service and there have been
ample interpretations of the paragraph
reading, but ali these decisions seem to be
based upon the words. substantially
similar circumstances and conditions
It is a great misfortune that for some oc,
~ nrflC y0I116
would have brought to this bill a by
means inconsiderable array of judicial
interpret tationS. are omitted. leaving the
paragraph without judicial Interpretation
and leaving all, all litiggants in in absolute ig-
phrase does mean.
Section 20 provides that after hearing
and investigation upon complaint as TO
unjust rates from and to certain points,
the commissioners shall decide upon such
complaint, and declare the rate be
charged for the service in question: and
further provides that such decision shall
plained of. but shall be extended to all
rates between points in the state. This
section is difficult of construction. If it
means that the rate SO declared upon IN
vestigation of a matter between an indi-
vidual shipper and a particular company,
points, shall govern as to all other ship~
pers and all other companies. and to and
from all other points, 1t would seem i'm
possible of application because of the
widely varying circumstance, conditions,
and distances involved. and would be,
without any question, violative of the fun
damental constitutional principle that
every person, before the legal determfna-
ton of his rights, shall have his day in
court and a chance to be heard. How is
it possible to bind one railroad company
and individual shipper over its line. by
decision made in a controversy between
another railroad company and individ-
ual shipper over its line? And how is it
possible, upon the same principle, to bind
the same company, and another shipper
at another point on its line, by decision
in a case and concerning matter in
which their rights were not drawn in con-
trOVerSV? No question. DerhaDS he
raised as to the right of a board Of rail
road commissioners to declare a schedule
of rates in the making of which all COM
panieS. persons. and localities have had
a right to be heard. but to make a judg-
ment rendered in one mans and one com
pany's controversy, conclusive upon all
companies and ali parties is a legal i'm
of section 20 will limit its application in
the making Of rates by the commissioners
to the particular company in question; if
so. the practical difficulties are lessened
section seems to make the rate establish
ed upon complaint of an individual ship
per apply to all points in the state on the
line of the particular road. Waving the
injustice of such a measure and the le>
gal objections to doing so without a hear
these other points. does this section mean
that the rate fixed shall determine rates
at all other points in respect to all other
commodities. or only in respect to the par
ticular commodity involved in the com
plant? If in respect to all commodities it
requires the performance of impossible
ties and absurdities. How can rate on
a particular article. for instance, cattle,
from and to certain points be used a
basis for rates upon all of the other COM
mOdities. hundreds possibly thousands in
number, from and TO all other points on
the line in question. If an adjudication
under this section does not establish a
basing rate for all articles of shipment
to and from all points on the line of the
particular road there must then be sep
arate complaint in respect to the charges
for the transportation of all the different
articles of traffic before a general freight
schedule could be established by this
| piece-meal kind of work; and if so the
have interest in the subject Of railroad
i Transportation before the schedule is COM
plete. Thie section. which is the only one
| conferrinS power in express terms upon
| the comm ssionerS to establish rates. it
must be admitted IS of no practical value.