Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1898-12-29
LEEDY'S MESSAGE.
The Governor of Kansas Tells the
Legislature of Needed Action.
He Recommends That judicial Power BE
Conferred Upon the Railroad Commits
sIOners TO Determine ne to the Req
aonableness OF Railroad Charges.

Although the present executive and major
ity OF each house OF the present legislature
were elected under u pledge to the people to
enact maximum rate law, when the time mr.
rived for fulfilling chat pledge the menace OF q
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 OF attempt
ing the promised leglslaton and such differ
enoe Of opinion prevailed that the executive
felt called upon TO withhold his approval from
this compromise measure finally passed.
There was then pending undetermined In the
supreme court OF the United States case
which involved the question whether, rs to
railroad legislation, the Legislatures OF theo-
retically sovereign states should be reduced to
the level OF city councils or school district
boards, upon the reasonablenes5 as we'll as the
authority, OF whose acts courts may sit In judg-
ment The decision Of that case, announced
soon after the adjournment Of the legislature,
fully justified the fears and anttcpatlons OF
those who deemed IL futile to pass maximum
rate BILL for 1t rendered such an enactment
mere proposal Of legislation, not q law,
which must be submitted to the federal
court for approval or rejection. The deci-
sion declared that whether the rates Of
transportation prescribed by a Legislature
are reasonable is q judicial question and that
first, q single federal judge, and, finally, i've
federal judges may, upon that question re-
verse aud hold null the deliberate judgment Of
an entire legislature with It's numerous menu
bership acting under the same oath as the
judges and calmly celebrating for days In sep
arate chambers; the courts may sit In judg-
ment not merely upon the constitutional pow
or OF the legislature to legislate concerning the
particular subject matter, but upon the reason
ableness 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 It's judgment in each particular
case, legislature might be able to say whether
suggested rates would be held reasonable or
not; so 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
imum rates; you cannot prescribe
them. You can submit for approval
maximum rate proposition; you cannot enact
maximum rate law However while the peo-
pie OF Kansas have for years been demanding
maximum rate law, the real essence OF their
demand has been the regulation Of railroad
of the power to redeem our pledge according
to its very letter. 1t is still our duty to do what
we can to redeem 1t according TO Its spirit; and
that this may be done, have exercised the
mower given me by the constitution to convene
you In special session
II the reasonableness Of rates be q judicial
not Legislative, question, may not courts de-
termine upon the application Of the people as
we'll as upon the application OF railroad com
panesY II q railroad company may chal-
lenge in a court OF equity an entire schedule OF
rates prescribed by the legislature may not
the state challenge In acourt Of equity an en-
tire schedule OF rates prescribed by railroad
company And H. MS held in the Nebraska
case on the decision of motion to modify the
DEGREES, o court may. in case brought by the
railroads. so mold It's decree as to permit some
rates and forbid others, can 1t not do the same
in o case brought by the peopleY 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 COM
panies and other common carriers were bound
| to serve all persons alike for reasonable COM
pensatOn No Legislature 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 it has been so long
| JDB pThCIlCG vi ull lhlllOuu bNmpdHlOo w
fix their own schedules and classihcations
and to exact from shippers written ac-
ceptanoe or prepayment of their charges
that 1t has come to be generally believed that
| they have right to do so 1t Is clearly the
duty Of the Legislature to 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 to place 1t is said In cases decided In
the federal courts that the question as To
whether an existing rate Is reasonable Is q iu'
diclal question, and that the question as ID
what rate shall be collecLible in the future is O
legislative question.
l. therefore. recommend that the Legislature
confer upon the board of railroad commission
ers full judicial power 10 try, hear and deter
mine all questions as TO the reasonableness
and unreasonabeness Of every charge made
by railroad company for services rendered
| wholly within this state In the transportation
OF property that they be authorized to try, de
| termlne and enter judgment declaring whai
are, at the time Of rendering their decision
reasonable charges for the transportation
of property between different points ovel
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 th'
reception of each and every kind and class Of
freight to its delivery to the consignee an6
that they be authorized either at stated times
or on the complaint OF any person, corpora
ton, or municipality, to hear try and deter.
mine any complaint made against the reasona-
| bleness OF any charges then being collected fol
any service; and that they also be giver
| power In like manner to establish full
and complete classihcatlons OF freight Il
! 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 bI
thereafter charged by the railroad companies
and the only rate which they shall be author
| lied to demand or receive until such time al
| the board upon a like hearing shall determine
| that the existing rate is unreasonable and thai
another and different rate is the reasonable
and proper one for the service.
| Until the board shall determine what Is
reasonable rate 1t would seem to me reasonable
| that the rates now charged by the several rail-
road companies should be declared TO be thu
highest rates which they are authorized to de-
mand After the board shall have prepared
schedules Of rates adjudPed to be reasonable
| all rate sheets and schedules OF charges anC
classiAcations prepared or used by the railroad
| companies covering their charges between
points within this state should be declared ut
terly void and not receivable in evidence for an!
purpose in any court In this state. but the las
| schedules determined to be reasonable ones BY
the board Of railroad commissioners shall bt
| the evdende and the only evidence as to wha
| are reasonable charges Railroad companies
should also be prohibited from demanding
| freight charges In advance except on perish
! able property or that having no marketable
| value at the point OF delivery. All writer