The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-20
IT WILL NOT WORK.
G.. G. Clemens Gives Legal Opinion
on double Barreled" Rail-
road Board.


There is a great deal of doubt in the
minds of some of the members of the
legislature concerning the ability of a
railroad bill standing the test of the
United States courts if it cOnfers jul
dicial powers upon the board of rail
road commissioners, as is contemplated
by those who have been working on
railroad bill. 1t is argued that such an
action would be unconstitutional and
that if it ever reached the United States
supreme court it would go down the
same as the Nebraska law did. A num-
Der of the party leaders are advising
against any such measure. G. Q. Glenn
ems in speaking of it today said:
1.-The railroads would be delighted
with a dOuble-barreled arrangement of
that sort. They would not oppose it
because all they would have to do
would be to carry it up to the higher
courts, and they would declare that 1t
was not legal procedure"
The Republicans naturally are inclined
to take the same view of the matter.
Some of them even declare that the su-
preme court of Kansas would not up
1T might be possible to so separate
the board and the court that the bill
would pass the courts" said Judge
Carver, but it would require a fine
distinction and I doubt if it could be
accomplished. In view of Chief Justice
DOster's decision in the Huron case
doubt If the Kansas supreme court
would uphold 1t. In that case Judge
Doster declared that the legislature had
no authority to confer judicial powers
on a ministerial officer. A notary public
had thrown a man into Jail for refusing
to answer questions in a deposition be-
ing taken before him. By the supreme
court decision the legislature could not
give the notary that power 1t strikes
me that the same condition would exist
II the legislature should give the rail-
road board judicial powers to pass on
and enforce its own orders
To get around these difficulties Mr.
Glenn ems is preparing a bill which will
be presented to the caucus by some of
the members who do not believe it prac-
ticabIe to have the board and the court
composed of the same men. When ask
ed concerning his idea of the sort Of a
bill that would pass muster Mr.. Clemens
said:
In the first place would do away
with the board entirely and have only a
court. This doubled barreled arrange
ment is no good. When the supreme
court of the United States found out
that the members of the board sat in
one room Is a board and fixed rates for
the railroads, and then moved into an
other room and called itself a court
they would sit down on it. I would
have a court only. have it consist of
three judges elected by the people in off
years when there were no other issues
to enter into it,and I would make it ap-
ply not only to railroads but to all cor
DOratlOnS doing business in the state
as well. The proper term for such a
court would be a court of visitation. 1
would make a provision for beginning
actions similar to that under the pro-
hibitory law by which nuisanceS are
enjoined-give the individual the right
to begin an action in the name of the
state which would be the same practf-
cally as giving the board of railroad
commissioners the power to take the in
itiatiye in action.
IN carrying out the decisions of the
court I would fine the corporation and