The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-21
TROUBLE BEGINS.
0Continued From First PageN


of the legislature to legislate concern
ing the particular subject matter, but
upon the reaSOnableneSS of its acts
the power to act being conceded. At
the same time, the court declined,
though urged, to lay down any definite
rule by which, in advance of its judg-
ment in each particular case, legisla-
ture might be able to say whether Sug-
gested rates would be held reasonable
or not; so that whether rates are rea-
sonable, can be determined only by a
standard which must remain unknown
to every human being but the justices
of that court, save as they may VOuch-
safe to reveal it anew as each success
sive law comes before them to be des-
troyed. 1t follows that you can only
suggest maximum rates; you can not
prescribe them. You can submit for
approval a maximum rate proposition;
you can not enact a maximum rate
law
However, while the people of Kansas
have for years been demanding a max
imum rate law, the real essence of their
demand has been the regulation of rail-
road charges; and although we have
been deprived Of the power to redeem
cur pledge according to its very letter,
1t is still our duty to do what we can
to redeem it according to it's spirit and
that this may be done, have exercised
the power given me by the constitution
to convene you in special session.
If the reasOnableness of rates be a
judicial, not legislative, question, may
not courts determine it upon the appli-
cation of the people as well as upon
the application of railroad cOmpanieS2
If a railroad company may challenge
in q court of equity an entire schedule
of rates prescribed by the legislature,
may not the state challenge in a court
of equity an entire schedule of rates
prescribed by railroad company? And
if, as held in the Nebraska case on the
decision of a motion to modify the de-
crees, court may, in a case brought
by the railroads, so mould its decree
as to permit some rates and forbid 9TH
ers, can it not do the same in a case
brought by the people? And may not
a state court exercise the same kind of
judicial power exercised by the federal
courts?
The law always has been that railroad
companies and other common carriers
were bound to serve all persons alike
for reasonable compensation. No leg
1Slature has ever conferred upon them
the right to make schedules of rates to
be charged for the transportation of
persons and property which should be
evidence of what are reasonable rates.
yet 1t has been so long the practice of
all railroad companies to fix their own
schedules and classi1catiors, and to ex-
act from shippers written ,ceptance
or repayment of their charges, that it
has come to be generally believed that
they have a right to do so. 1t is clearly
the duty of the legislature to provide
for the determination by public author
1ty of what are proper claSsificatiOns of
freight and what are reasonable charges
for it's transportation from place to
place. 1t is said in cases decided in the
federal courts that the question as to
whether an existing rate is reasonable
is a judicial question, and that the QueS-
ton as to what rate shall be cOllectible
in the future is a legislative question.
I, therefore, recommend that the IegiS-
1ature confer upon the board of railroad
commissioners full judicial power to try,
hear, and determine all questions as to
the reasOnableness and unreasonable
ness of every charge made by a rail-
road company for services rendered
wholly within this state in the trans
pOrtation of property; that they be au-
thOrized to try, determine, and enter
judgment declaring what are at the |
time of rendering their decision reason
able charges for the transportation of
property between different points over
each and all of 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 to it's
delivery to the cOnSlgnee, and that they
be authorized either at stated times or
on the complaint of any person, cor
poration, or municipality to hear try,
and determine any complaint made
against the reaSOnableness of any
charges then being collected for any
service; and that they also be given
power in like manner to establish full
and complete classificatiOns of freight
to be used in the determination of all
questions affected thereby; that the
legislature declare that the rates and
charges so determined by them to be
reasonable shall be the rate to be there
after charged by the railroad COM
panies, and the only rate which they
shall be authorized to demand or re-
ceiVe until such time as the board upon
existing rate is unreasonable and that
another and different rate is the reason
Until the board shall determine what is
a reasonable rate it would seem to me
reasonable that the rates now charged
by the several railroad companies
should be declared to be the highest
rates which they are authorized to de-
mand. After the board shall have pre-
pared schedules of rates adjudged to
be reasonable all rate sheets and sched-
ules of charges and classificatiOns pre-
pared or used by the railroad COM
panies covering their charges between
points within this state should be de-
clared utterly void and not receivable
in evidence for any purpose in any court
in this state, but the last schedules de-
termined to be reasonable ones by the
board of railroad commissioners shall
be the evidence and the only evidence
as to what are reasonable charges.
Railroad companies should also be pro-
hibited from demanding freight charges
in advance except on perishable prop
erty or that having no marketable value
at the point of delivery All written
contracts should be prohibited. 1 have
merely indicated in very general terms
the lines on which it would seem that
the legislature must proceed in order
that a just and reasonable rate may be
esta blished by public authority, and the
power effectUally taken from the rail
road companies to levy and collect as
they now do all that the traffic will bear
without reference to its reasOnablenesS
or unreasonableness. The commission
ers should be given abundant power to
carry their judgments into execution
and to see that the law which prohibits
the companies from taking more than
the reasonable rate determined by them
is enforced, and to this end the legis- |
lature should provide an attorney for
the board, whose special duty it shall