The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1898-12-30
LEEDY'S MESSAGE.
The Governor Of Kansas Tells the
Legislature Of Needed Action.
He Recommends That judicial Power BE
Conferred Upon the Railroad COmmIs-
sIoners TO DetermIne as to the Rez-
condolences or Railroad CharEes-

Topeka, Kan, Dec. 92-Gov. Leedy's
| message to the legislature, which was
/ read in both houses yesterday after.
noon, is as follows:
/ To the Senate and House OF Represent tives;
| Although the present executive and major
\ tty OF each house Of the present legislature
/ were elected under a pledge to the people 70
/ enact maximum rate law, when the time ar
/ rived for fulfilling that pledge the menace Of
\ judicial decision By the highest tribunal In the
/ land which would make legislative regulation
| Of railroad charges practically impossible,
/ caused many to doubt the wisdom o. attempt
/ ing the promised legislation; and such differ
/ encs Of opinion prevailed that the executive
/ felt called upon 70 withhold his approval from
/ tkg compromise measure finally passed
/ There was then pending undetermined in the
/ supreme court Of the United States a case
| which involved the question whether, as 70
/ railroad legislation, the legislatures OF theO-
| reticaily sovereign states should be reduced to
| the level OF city councils or school district
1 boards. upon the reasOnableness. as well as the
/ authority, Of whose acts courts may sit in iudg-
I menE Inc decision OF that case, announced
| soon after the adjournment Of the legislature
Il fully justified the fears and anticipatlOns OF
/ those who deemed IL futile 70 pass q maximum
/ rate BILL for II rendered such an enactment
| 2 mere proposal OF legislation not q law,
] which must be submitted 70 the federal
| court for approval or rejection The deci-
| sion declared that whether the rates Of
]
| are reasonable is a judicial question and that
i first single federal judge, and. finally, i've
| federal judges may, upon that question re-
l verse and hold null the deliberate judgment Of
/ an entire legislature with its numerous mem
| DerSnlp, acting under the same oath as the
\ Judges and calmly celebrating for days in sep
| arate chambers; the courts may sit in judg-
/ meut. not merely upon the constitutional pow
er Of the legislature 20 legislate concerning the
/ particular subject matter, but upon the reason
] ableueSS OF its actS-the power 20 act being
] conceded
! At the same time the court declined. though
/ urged, to lay down any definite rule by which
| In advance OF its judgment in each particular
| case q legislature might be able TO say whether
! suggested rates would be held reasonable OF
/ not; 50 that whether rates are reasonable can
| be determined only BY standard which must
/ remain unknown TO every human being but
| the justices Of the court. save as they may
/ vOuchsafe to reveal 1t anew as each successive
Law comes before them TO be destroyed 1t
| follows that you can only suggest max
tmum rates. you cannot prescribe
I them. You can submit for approval
| a maximum rate proposition; you cannot enact
| a maximum rate law However. while the peo-
/ pie Of Kansas have FOR years been demanding
q maximum rate Law. the real essence OF their
| demand has been the regulation OF railroad
| charges; and although we have been deprived
| OF the power 20 redeem our pledge according
TO its very letter. IL is stu duty TO do what
| we can TO redeem it according to its spirit and
power given ne b. fcaa5--zsitutfou to convene
I you in special session
/ II the reasouableness Of rates be a judicial
not a legislative. question. may not courts de-
/ termine upon the application Of the people as
/ vel as upon the application OF railroad com
pauiesf II a railroad company may chal-
l lenEs in court Of equity an entire schedule Of
/ rates prescribed bT the legislature. nav not
/ the state challenge in court Of equity an en-
| tire schedule Of rates prescribed by . railroad
| company? And IL IS held in the Nebraska
/ case on the decision Of motion 70 modify the
DEGREES. q court may. in q case brought BY the
railroads, so mold its decree as to permit some
rates and forbid others, can it not do the same
/ in a case brought BY the peoplef And may not
q state court exercise the same kind OF judicial
power exercised by the federal cOurts2
The law always has been that railroad com
panies and other common carriers were bound
70 serve all persons alike for reasonable com
pensatiOn- No legislature has ever conferred
upon them the right 70 make schedules OF rates
70 be charged for the transportation Of persons
and property, which should be evidence OF what
Z are reasonable rates. yet it has been so long
the practice OF all railroad companies to
tx their own schedules aud classifcations
ceptance or prepayment Of their charges
that 10 has come 70 be generally believed that
they have right 20 do It is clearly the
duty OF the legislature 10 provide for the de-
termination By public authority OF what are
proper qualifications Of freight and what are
reasonable charges for its transportation from
place 70 place II IS said in cases decided in
the federal courts that the question as to
whether an existing rate is reasonable is a ju-
diCial question. and that the question as to
what rate shall be collectible in the future is
legislative question
L therefore. recommend that the legislature
confer upon the board Of railroad commission
ers fun judicial power 70 try. hear and deter
mine all questions as 20 the reas0nableness
and unreasOnabieueSs Of every charge made
by . railroad company for services rendered
T-rr IN f- In -
OF property: that they be authorized 20 try, de-
termine and enter judgment declaring what
are, az the time Of rendering their decision
reasonable charges for the transportation
Of property between different points over
each and AL o. the railroad lines in
this state and also. what are reasonable
charges for switching. demurrage and all other \
charges imposed BY them from the time Of the
reception OF each and every kind and class Of
freight 70 its delivery 70 the consiZnee and I
that they be authorized either At stated times
OF On the Cpmpiaiut OF any person, CORPORA
ton. OF municipality. 20 hear try and deter
mine any complaint made against the reasona-
bleness Of any charges then being collected for
any service; and that they also be given /
power IN Ike manner 70 establish full
aud complete classihcations OF freight 70
be used in the determination Of all questions
affected thereby; that the legislature declare /
that the rates and charges 50 determined By
them 70 be reasonable shall be the rate 70 be [
thereafter charged By the railroad companies !
u
lied % demand or receive until such time as /
the board upon q Ike hearing shall determine /
that the existing rate is unreasonable and that 4
another and different rate is the reasonable /
and proper one for the service
Untu the board shall determine what Is q /
reasenable rate Il would seem TO me reasonable /
that the rates now charged by the several rail- |
road companies should be declared TO be the i
highest rates which they are authorized to de- I
mand- After the board shall have prepared /
schedules Of rates adjudged 70 be reasonable /
al rate sheets and schedules Of charges and &
classifcatio1s prepared OF used By the railroad 4
companies covering their charges between i
points within this state should be declared ut
terly void and not receivable in evidence for any
purpose in any court in this state. bit the last
schsdules determined 70 be reasonable ones By i
the board CT railroad commissioners shall be 4
the sF5dende and the only evidence as % What \
sre reasonable charges Railroad companies /
should also Be prohibited from demandfug 4
freight charges IN advance except on perish
able property OF that having no marketable 4
value &C the point q delfTerT- Al written i
contrasts should Be prohibited
have merely Indicted IN very general terms
the lines OF Uhidh it Eould seen that the leg
islaturs must proceed fn Ordsr that q lust a1d 4
resemble rate nay Be estahIished ~ puhlic
s'utl1rlty ard the power enecrunlly taken from
TIE r1llrcld r1r1pZnies 20 levy and collect as
er.ae