The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-30
CLEMENS BILL.
1t Was G. G. Clemens Who
Wrote Most of the Sections
Of the Railroad Bill That Pass
ed the House.
HE OUTLINED 1T IN
An Interview Published Some
Time Ago.
He Then Named the E'COurt of
Visitation.
HE OUTLINED 1T IN

The railroad bill as railroaded through
4he house yesterday is nearly all the
work of G. C. Clemens-in fact, MI
Clemens wrote almost every section IN
the bill.
Mr.. Clemens is not only the author
of the bill, but he is also the originator
of the plan. Those who read his plan
for railroad legislation as outlined IN
an interview in the State Journal Just
before the legislature convened, VIA oD-
serve by comparison that the Dill as II
now stands follows il. general that plan plan
in all its major points There IS JUST
one particular in which the committee
changed Mr.. Clemens idea ana tndl
was with regard to the Jurlso1cI9o Ion
which the new court should have. Mr..
clemens recommended that it should be
given power to act in all complaints
AGAINST any corporation for prohtg put
the committee limited 1t TO raliroaos
The plan was first proposed by Mr..
Clemens when the legislature was con-
sidering railroad legislation two years
ago. but at that time everybody was
talking about maximum rates or the
Harris bill, and q proposition TO 90
away with the board OF railroad
commissioners entirely and form a ran
road court instead was not to bethought
of.
Associate Justice Allen was the hrst
convert to Mr.. Clemens idea, ana MS
ting the railroad committee to accept
Mr.. Clemens plan When the plan OF
the bill was first submitted it was I'M
signed and only one or two persons
besides Judge Allen knew of it's author
ship. No one claimed credit for 1t, bur
after studying into it the committee
came to the conclusion that 1t was the
proper thing. ana MI clemens was ASK
ed to assist in formulating the bill.
At the close of his outline as first
submitted to the committee was the fOI-
vfrNr~ nj
the power to establish a schedule of
rates before any complaint was hled,
as was proposed by those who favored
giving the present board OF commits
sioners judicial powers:
1t is idle to say that this would be
delegating legislative power to a, court,
for the Nebraska case shows no such
legislative power exists; that even the
legislatures own rates are subject to
judicial control. Besides, do not courts
TX the compensation of receivers, ad-
Illustrators. attorneys. etc? When a
court has control of railroad under
a Teceivership, can it not make a sched-
ule of rates2 And if a. court has con-
troll over railroad in any legal manner,
why may it not likewise fix rates?
Besides. our constitution permits
amendment Of corporate charters at
Will If such a court had been provided
for in the original corporation act, could
a corporation have questioned its con-
stitutiOnality2 It doesn't have to be
corporation, but if it chooses to be one,
IL must accept the state own terms.
w nat the legislature could have put
into the act originally, in the way of
regulation, 1t can put there now by
amendment. This has been held by
long line of emphatic decisions Of the
supreme court of the United States
This would be a great and powerful
court. with vast interests committed to
it; and, feeling the greatness of their
trust, the judges could be trusted to be
fair TO both the people and the corpora
lions"
The section concerning the settlement
or strikes by the court occurred to MI
Clemens after the interview containing
the outline of his plan appeared in the
journal. and he embodied that idea, In
section which was added to the bill
after il was first formulated.
An examination of Mr.. Clemens inter
view viii show that he said the court
would in reality be a court of visitation
and it ought to be called that; the first
He recommended that the board of rail-
road commissioners ought to be entire
y done away with and a court only
maintained, because a "doubIe- barreled''
body would be unconstitutional and
this the new law does. He recommend
ed that the court be given the power
60 issue WritS Of sequestration. and this
recommendation was followed. In fact.
ali the major points in Mr.. Clemens
plan were adopted by the caucus.
In discussing the new court today Mr..
Clemens said:
Although the court of visitation Is
renewable by the supreme court IL is
really the most important judicial BODY
In the state. and only the brainfest men
should be elected to it. Matters of the