The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1898-12-30

boards upon the reasonableness 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 anticipat1ons OF
those who deemed it futile to pass maximum
rate bill, for it rendered such an enactment
q mere proposal of legislation, not a 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 legislature
are reasonable is a judicial question and tilt
first, single federal judge, and. finally, five
federal judges. may, upon that question re-
verse and hold null the deliberate judgment OF
an entire legislature with its numerous mem
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
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 q legislature might be able to say whether
suggested rates would be held reasonable or
not: that whether rates are reasonable can
be determined only by a standard which must
remain unknown to every human being but
the justices of the court save they may
vouchSafe to reveal it anew as each successive
law comes before them to be destroyed It
follows that you can only suggest max
tmum rates: you cannot prescribe
them. You can submit for approval
q maximum rate proposition; you cannot enact
maximum rate law. However. while the peo-
pie Of Kansas have for years been demanding
a 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
we can to redeem 1t according n its Snirit. and
that this may be done. I 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
we'll as upon the application Of railroad COM
panies? If 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 court Of equity an en-
tire schedule of rates prescribed by railroad
company? And if. held in the Nebraska
case on the dec iSiOn OF a motion to modify the
DEGREES, court may. in a case brought by the
railroads, mold its decree as to permit some
rates and forbid others. can 1t not do the same
in case brought by the peoplep And may not
q 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 o 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
the practice Of all railroad companies to
fix their own schedules and classifcations
and to exact from shippers written ac-
ceptance or prepayment Of their charges
that it 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-
niDn If vhof
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 ju-
dicial question. and that the question to
what rate shall be collectible in the future is q
legislative question.
I, therefore. recommend that the legislature
confer upon the board of railroad commission
ers fnll judicial power to try, hear and deter
mine all questions as 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. st the time of rendering their decision.
reasonable charges for the transportat
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
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 collected for
any service; and that they also be given
power in like manner to establish full
and complete c!assifcations 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
thereafter charged by the railroad companies,
and the only rate which they shall be author
fzed to demand or receive until such time as
the board upon q 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 q
reasonable rate it would seem to me reasonable
that the rates now charged by the several rail-
road companies 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 their charges between
points within this state should be declared ut
terly void and not receivable in evidence for any