The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-31
THE RAILROAD LAW.
The Measure as It Has Passed Both
Houses.

house Thursday and the senate today,
now awaits the governors signature
and official publication to become law
March Is. 1t is in full as follows:
Section /. A court of record to be
known as the court of visitation con-
sisting of a chief judge and two as
sociate judges "a majority of whom
shall constitute a quOrum) is hereby
created. The senior judge in service
shall be the chief judge; but in case
TWO or more judges shall have served
equal time the judges shall select chlet
judge. No person shall hold the ONCE
of judge who is interested in any rail-
road company or any OF the STOCK OF
bonds thereof, or who is an officer or
empIoye of any railroad company, nor
shall any such judge hold any other
Office under the United States or this
state, or engage in the practice OF law,
during his term of Office. Any elector
of the state not disqualified by the pro
visions of this act shall be eligible to the
Office of judge of said court. The court
shall adopt a seal, which shall pc 1ur-
nished by the secretary of state.
Sec. 2. At the election held in the
year nineteen hundred, three judges
shall be elected, whose term of ONCE
shall commence on the second Monday
of January in the following year, and
who shall hold for the term OF TOUR
years. The terms of the judges there
after elected shall be four years. Until
the first election of such judges, the
governor shall, on the first Monday OF
April next appoint the said judges, VINO
shall hold their offices until their sue
cessors are elected and qualified Any
vacancy shall be filled by appointment
by the governor; said appointee to hold
until his successor is elected and quail
fled.
Sec. 3. The first judges so appointed
by the governor shall qualify in like
manner as justices of the supreme
within ten days after their appointment
meet at the capitol, choose one of their
number chief Judge
Sec a. The judges shall appoint a
clerk and a stenographer to hold dur
ing the pleasure of the judges The
stenographer shall possess the qualif1-
cations required for a StenOgrapher or
the district court.
first Monday of April next, appoint a
state solicitor, who shall hold until his
successor is elected and qualified. His
successor shall be elected by the voters
OF the state at the general election in
nineteen hundred, for regular term or
office, which shall be four years from
and after the second Monday in Jan
uary after his election 1t shall be ms
duty to appear and represent the state
in all actions and proceedings before
the court of visitation to which the
state is a party.
Sec. 6. Each Judge of said court shall
receive a salary of twenty-five hum
dred dollars per year. The state so
licitOr shall receive salary of twenty
of said court shall receive a salary of
twelve hundred dollars per year. The
stenOgrapher shall receive a salary of
seven hundred and fifty dollars per
year, and such fees as are now pre-
scribed by law for stenographers OF
district courts.
Sec. Z The court shall sit at its rooms
in the state house but may for good
cause sit in any other place in the
state, and shall be deemed in perpetual
session for the transaction of business.
Sec. 8. The court of visitation shall
have power and jurisdiction through
l. To try and determine all questions
as to what are reasonable freight rates,
switching and demurrage charges and
other charges connected with the trans
portation of property between points in
this state;
2 To apportion charges between con-
Meeting roads, and determine all ques-
tions relating to charges for the use
of cars and equipments; and to regulate
the charges for part car load and mixed
car load lots of freight including live
stock
g. To classify freight;
4. To apportion transportation
charges among connecting carriers;
5. To require the construction and
maintenance of \depots, switches, side
tracks, stockyards. cars and other IA
cilities for the public convenience;
8. To compel reasonable and impair
tial train and car service for all patro-
of the railroad.
Z. To regulate crossings and intersec-
lions of railroads and regulate the OPP
GRAFTON of trains over them;
8. To prescribe rules concerning the
movements of trains, to secure the
safety of employees and the public;
8. To require the use of improved
appliances and methods, to avoid acct
dents and injuries to persons,
TO- To restrict railroad corporations
to operations within their charter pow
ers, prevent the oppressive exercise
nd a -
all duties required of railroads by law;
IL. To summon juries, as a court of
equity, in any case or matter before it;
such 1urles to be selected as may be
directed by rule. Jurors to possess the
qualifications, except as to locality, re-
quired by law for jurors in the district
courts.
II. Such other and further powers as
are given by this act or may be con-
ferred by law.
Sec. 9. In all matters within it's juris-
diction- said court shall possess full
common law and equity powers. It
may issue every appropriate writ and
process to compel the attendance of
parties and witnesses, and production
of records, books, papers and docu-
ments, to execute its DEGREES and or
ders, including writs of injunction and
mandamus, and may appoint receivers
TO carry ITS judgments into effect. 1t
shall have the same power to punish for
contempt as district courts now have
and may exercise it in the same man.
neFs ana TO cause the attendance OF a
jury whenever required in. the exercise
of such power.
Sec 10. Said court shall have power
to prescribe and establish rules for its
government, and for the regulation of
practice therein, and may appoint mas
terS, referees, or receivers in causes or
proceedings before it. may prescribe and
issue mesne and final process, and may
generally, exercise such powers as may
be necessary to carry into effect the
powers conferred upon it. 1t shall have
power to prescribe from time to time
in any manner not inconsistent with
any law of this state, the modes of
framing and fling urOoeedi0OS and