Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 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 Commits
sioners to Determine to the Rea-
sonabIeness of Ranroad Charges

ESdQ III OObA nOuSCS yCSlSI06y 6AeCA-
noon. is as follows:
To the Senate and House of Representatives:
Although the present executive and a major
ity of each house of the present legislature
were elected under pledge to the people to
enact a maximum rate law, when the TINA 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 of attempt
ing the promised legislation; and such differ
ence of opinion prevailed that the executive
felt called upon to withhold his approval from
the Compromise measure finally passed
There was then pending undetermined in the
supreme court of the United States case
which involved the question whether, as 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 reasonableness as well 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 anticipatlons OF
those who deemed 1t futile to pass a maximum
rate bill, for it rendered such an enactment
a mere proposal of legislation, not law,
which must be submitted to the federal
court for approval rejection The dec1-
sion declared that whether the rates of
transportation prescribed by legislature
are reasonable is a judicial question and that.
first. single federal judge. and. finally, five
federal judges may, upon that question re-
verse and hold null the deliberate judgment of
entire legislature with its numerous MEM
bership acting under the same oath as the
judges and calmly celebrating for days in sep
arate cham berS; the courts may sit In judg-
ment. not merely upon the constitutional pow
er 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 its 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 8 standard which must
remain unknown to every human being but
the justices of the court save as they may
vouchSafe to reveal it 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
q maximum rate proposition; you cannot enact
q 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
charges; and although we have been deprived
of the power to redeem our pledge according
to its very letter. it is still duty to do what
to redeem it according to its spirit; and
that this may be done, have exercised the
power given me by the constitution to convene
you in special session
II the reasonableneSs of rates be judicial
not a legislative. question. may not courts de-
termine upon the application of the people as
well as upon the application OF railroad COM
panies? If a railroad company may chat
lenge in court of equity an entire schedule OF
rates prescribed by the legislature, may not
the state challenge in court of equity an en-
tire schedule of rates prescribed by . railroad
company? And IT, held in the Nebraska
case on the dec ision of motion to modify the
DEGREES. court may. in 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
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
pensation. 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
the practice OF all railroad companies to
fix their own schedules and claSSiicatous
and to exact from shippers written
ceptance OF prepayment OF their charges
that it has come to be generally believed that
they have q right to do so. It 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
reasonable charges for its Sportation from
place to place. It IS said in cases decided in
the federal courts that the question as to
whether existing rate is reasonable is a ju-
dieial 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 full judicial power to try, hear and deter
mine all questions to the reaSonableneSS
and unreasonableness of every Charge made
by railroad company for services rendered
wholly within this state in the transport alton
of property; that they be authorized to try, de-
termine and enter judgment declaring what
are. at the time of rendering their decision.
reasonable charges for the trans por tation
Of
each and all of the railroad lines in
this state; and Also what are reasonable
charges for switching. demurrage and ali other
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 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 collect I'd 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 determined by
them to be reasonable shall be the rate 20 be
thereafter charged by the railroad companies
and the only rate which they shall be author
lied to demand receive until such time as
the board upon like hearing shall determine
that the existing rate is unreasonable and that
another and different rate is the reasonable
and proper one for the service
Until the board shall determine what is a
reasonable rate it would seem to me reasonable
that the rates now charged by the several rail-
road com panieS should be declared to be the
highest rates which they are authorized to de-
mand After the board shall have prepared
schedules of rates adjudged to be reasonable
all rate sheets and schedules of charges and
classificationS prepared or used by the railroad
companies covering cir charges between
points within this state should be declared ut
terly void and not receva BILE in evidence for any
purpose in any court in this state, but the last
schedules determined to be reasonable ones by
the board of railroad commissioners shall be
the eyidende and the only evidence 10 what
are reasonable charges Railroad companies