Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-22

of freight and what are reasonable charges
| Tor its transportation from place 10 place.
II is said in cases decided in the federal
courts that the question as 10 whether an
existing rate is reasonable is 4 judicial
question. and that the question as to what
rate shall he collectible in the future is
i legislative question.
Il. therefore. that the legis-
lature confer upon the board of railroad
commissioner full judicial power to try.
hear and determine all questions as to the
reaSonableuCSS and uDreaSonab!eneS of
every charge made 10y a railroad company
for services rendered wholly within this
state in the transportation of property:
that they be authorized TO try. determine
and enter Judgment declaring" what are
at the time of rendering their decision
reasonable charges for the transportation
OF property between different points over
each and all of the railroad lines IN TINS
state: and also. what are reasonable
charges for switching. demufraSe ana an
odler charges imposed by them from the
time OF the reception of each and every
kind and class of freight to its delivery
TO the Consignee. and that they be author
lied either at stated times or on the COM
plant OF any person. corporation. or mu-
nlclpaIlty. to hear. try and determine any
complaint made against the eaSolap!enes
of any charges then being collected Tor
any service: and that they also be given
power in like manner to establish iuIl ana
complete Considerations Of freight TO be
used in the determination of all questions
affected thereby. that the legislature de-
clare that the rates and charges so deter
mined by them To he reasonable shall be
the rate to he thereafter charged by the
railroad companies. and the only rate
which they shall he authorize! TO demand
or receive until such time as the board up
on a like hearing shall determine that the
existing rate is unreasonable and that an
other and different rate is the reasonable
and proper one for the service.
Until the hoard shall Determine what is
4 reasonable rate it would seem to me rea-
| SOnable that the rates now charged ny me
several railroad companies ould he de-
Clared 10 be the highest rates which. they
are authorized to demand; After the board
shall have prepared schedules OF rates du-
judged to be reasonable all rate sheets ana
schedules Of charges and ClaSSli!catlahs pre-
pared or used by the railroad companies
covering their charges between points WIKI
in this state should lie declared utterly Eolu
and not receivable in evidence Tor any pur-
schedules determined TO he reasonable ohSS
by the board of RAILROAD Commiss .oners Sha!l
be the evidence and the only evidence as
to what are reasonable charges. Railroad
companies should also he prohibited from
demanding freight charges i'll advance eN-
cept on perishahle property or that t5E-
ing no marketable value at the point OF de-
livery. All written contracts shouId ne pro-
hihited.
Il have merely indicated in very general
terms the lines on which il would seem
that the legislature must proceed III ordsr
that a just and reasonable rate may he
| established by public authority and the
| power effectually taken from the rallroau
companies 10 levy and collect. as they do
now. all that the traffic will bear without
reference to Its rSaSonaD!eheSS OF uhfed-
The commissioners should be given
abundant power to carry their Judgments
into execution and 10 see. that the law
which prohibits the companies from taxing
more than the reasonable rates, determined
by them is enforced. and 10 this end the
legislature should provide an attorney lor
the board whose special duty II shall be TO
appear whenever necessary and protect the
interests of the state in the enforcement
of the law. If the railroad companies per-
! SjSr in pSarfiD0 greater rates tnan those
determined by the board to be reasoliahie
all persons injured should have the rls1t
TO recover their damages. with. reasonable
! Jurisdiction. To be efficient the law must
strengthen the hands of the people inter
eSted SO that they shall not be NEoHy
! dependent on the action of public authors
ties for the enforcement of the law.
"A law should also be passed limiting me
amount Of mortgage Indebtedness that MAY
he placed upon a railroad. As the matter
stands now they are free to place mort
gage bonds upon their property without
regard to its cost. The only difference that
! see between a bond issue by the state
and a railroad bond is that the money 10
pay the interest of a state bond is collected
~ taxation. while the money to pay the
interest on a railroad bond i levied by
the company upon the productions of the
country. The people must as surely pay
one as the other, therefore, they have a
right to protect themselves with a law
that will limit such Indebtedness TO the
actual cost of the road either by purchase
| Va NoAH.Al III
Two wears ago a bill was introduced
in the legislature to provide for the eX-
penSe of having Kansas represented at the
Omaha exposition. Owing TO the fact that
the holding of this exposition was not ct
assured. the legislature did not make any
provision for representation. Afterwards,
when it became apparent that the EXPOSE
ton would become Il great national affair.
the state board of agriculture passed
unanimous resolutions asking that Kansas
be represented. The mayors and councils
and commercial bodies of many cities in
the state also asked that steps should be
taken TO the end that Kansas might be
properly represented.
y ready money was essential to the
success of the project. | asked the rail.
Sl5.cS of such fund. Some of the roads
did not respond. but the AtchiSon. Topeka
4: Santa Fe gave $~G,0i9.i0; the Missouri Pa.
cifc gave 81. S45.50; the Chicago. Rock Isl.
and, q Pacific gave 5000: the ST. Louis
d San Francisco gave $40. making a to.
tai of Sli.5i2.8 contributed by the rail.
roads of Kansas. a number of counties
in the state and a good many citizens
contributed also. making the total amount
contributed 81 .01&.g1. OF this sum tht
which. expense estimated at $1,000 mus
be paid. which would leave a balance or
hand of about go AS this exposition
was of great benefit to all the people OF
the state, and as the railroads not con.
t~rlhuting Were benefited as much rs thos.
who did, ] deem it just that the legislatur,
should reimburse all corporations. conn,
ties and persons contributing to this fund
so that the expense may fall eQuitabIv upor
all classes benefited. and | recommend tina
trlbuting all sums of money so paid,
JOHN W. LEEDY, Governor
Rail R0k0 kTT0pMCyc ThIU