Hutchinson gazette., 1898-12-29
KANSAS LEGISLAIURE.

atA NA'AW hN'"fNht SO ENf"N'ffN~ -
governors call, TO pass a bill regulat-
Ing railroad rates The message was
read in both houses, II is as follows,
In part;
~ recommend that the legislature
confer upon the board OF railroad COM
mlssioners full judicial power TO try,
hear and determine all questions as to
the reasonablenesa and unreasonable
ness OF every charge made by rail.
road company for services rendered
wholly within this state In tho trans
portation OF propertyi that they DO au'
thorised TO try, determine and enter
Judgment declaring what are at tho
time OF rendering their decialon req
sonable charges for the transportation
OF property between different points
over each and all OF the railroad linen
In this state; and also, what are rea'
sonable charges for switching, demur'
rage 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 tho con-
siguee, and that they be authorized
either at stated times or on the com
plant OF amy person, corporation, or
municipality, TO hear, try and deter
mine any complaint made against tho
reasonableness Of any charges then be-
ing collected for any servicei and that
they also be given power in like man
ner TO establish full and complete clas'
siacations of freight to be used In the
determination OF oil questions
affected thereby; that tho legislature
declare that the rates and charges 80
determined by them to bo reasonable
shall be the ratc TO be thereafter
charged by tho railroad companies,
and the only rate which they shall be
authorized TO demand or receive until
such timo as the board upon like
hearing shall determine that the ex-
listing rate is unreasonable and that
another and different rate 10 the rea-
sonable and proper one for the service.
"Until tho board shall determine
what Is a reasonable rate II would
seem TO me reasonable that the rates
now charged by the several railroad
companies would DO declared TO be tho
highest rates which they are author
lied TO demand. After the board shall
have prepared schedules Of rates ad-
Judged TO be reasonable all rate sheets
and schedules of charges and classic
cations prepared or used by tho rail-
road companies covering their charges
between points within this state
should be declared utterly void and not
receivable 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 commits :.
sioners shall be the evidence and the
only evidence as to what are reasona-
Bile charges Railroad companies
should also be prohibited from de-
manding freight charges In advance
except on perishable property or
that having no marketable value at
the point Of delivery. All written con-
tracts should be prohibited. ~
"The commissioners should be given <
abundant power to carry their judg-
ments into execution and 10 see that
the law which prohibits the companies
from taking more than the reasonable
rates determined by them Is enforced,
and to this end the legislature should
provide an attorney for tho board I
whose special duty It shall be TO appeay I
whenever necessary and protect the ins
terests Of the state In the enforcement
OF the law II the railroad companies
persist in exacting greater rates than
those determined by the board to be
reasonable all persons injured should
have the right to recover their dana
ages, with reasonable attorneys fees,
in any court Of competent jurisdictions
10 be efficient the law must strengthen
the hands of the people interested so
that they shall not be wholly depend
ent on the action OF public authorities
for the enforcement Of the law.
"A law should also be passed limit
ing the amount of mortgage indebted
ness that may be placed upon q rail-
road. As the matter stands now they
are free to place mortgage bonds upon
their property without regard to ita
cost. The only difference that SEQ
between bond issue by the state
and railroad bond is that the
money to pay the interest of state
bond is collected by taxation,
while the money to pay the interest
on railroad bond is levied by
the company upon the productions of
the country. The people must an
surely pay one as the other; therefore,
they have right to protect them
selves with law that will limit such
indebtedness to the actual cost Of the
road either by purchase or construc
tion."
Dec. e2.-The Republican members
presented protest in both Houses
against the extra session, terming ID
revolutionary. 1t was not allowed to
be spread on the record. Both Houses
adjourned to give the railroad COM
mittees time to prepare a bill. The
Senate passed resolution allowing
every member clerk.
Dec. 23.--Both houses held short and
unanimous sessions and then adjourn
ed, to allow the railroad committees TO
work on the railroad bill