Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-03-31

from Illinois decided that the railroad
which hauled grain. the warehousemen who
stored It, the miller who ground it and
the baker who turned it into bread, are
subject to regulation as to prices. But the
element of monopoly entered into this case,
for the decision opens lily a limitleSs field
of legislation. Breadstuffs are no different
In their legal status from clothing or many
other commodities of common life. The
elevators which figured in the Mum case
were also a part of a transportation sys-
tenn, and therefore subject to state reguIa-
tons. Thus the decision is Invested of
much of its dangerous features, the monop-
oily feature being referred to by the SUI
preme court in subsequent decisions, and
the transportation by our own state su-
preme court.
The decision in the Mum case boiled
down means that when a combination is
effected, government control may regulate
charges. This rule has been modified in
subsequent decisions to the effect that the
regulations must not be unreasonable. This
doctrine has just been applied by the su-
preme court in the Nebraska maximum
freight rate charges. This Mum doctrine
has already been applied to many public
utilities. such as water works, wharfage,
telephones. etc.
AT the close of the nineteenth century
We find ourselves listening to the knock
at the doors of our courts for recognition
OF nav ideas. Among these changes is the
gradual shifting of the relations of trade
to the public. a new trust is born nearly
every week. With competition removed,
the automatic regulation of prices must
cease. and the people will look for relief
10 LEGISLATION, for all articles of general
will be controlled by central
lzed trusts. So that manufacturers and
producers may ultimately find themselves
confronted by a much more serious power
man c3mpetition-price regulation by the
Hate. Let us hope that such an emergency
VIII not arise, but If it does, let us trust
that the good sense of the American people
ana the traditional conservatism of the
bench and bar will nevertheless contine
state interference in the business affairs
of men to that minimum which under the
circumstances may seem an unavoidable
public necessity"
F. b. Ellis on Needed L~eRisIatfon.,
F. b. Ellis. Of Plattsburg. read a timely
paper on Some Needed Legislation"
MIR. Ellis delivery was ir.imitabIe, and.
coupled with. the subject matter, caused
it seems that in the rural districts
or MISSOURI. said he. mo lawyer can go to
the legislature, it appears to me that the
revision committee will need all the help
it can get. and suggestions are in order.
The revenue laws of the state need
censes should go largely to the cities where
such saloons are located. The saloon IL
censes should be granted by the council.
personal property should be changed. What
right has the board of equalization to raise
a sai S5% :, note not j. to LIZ 81 as the supreme court
"Ihe law relating to changes of venue
In criminal cases should be changed. Who
can better know than the defendant
himself whether the court is prejudiced?
II 1t IS right to get a change of venue, he
should not have a prohibitory law. A
more easily than in a criminal case.
The statute Of limitation should be
amended to run against a married woman.
believe that a notary public should
have the power to compel a witness to pro-
duce records. We think a married woman
should be permitted to convey land subject
I IN 10 hvlChlnhC Dht
we believe a husband and wife should
testify for or against each other. We be-
ton of indictments for misdemeanors. In
most countries grand juries are Kept for
useless purposes. This would reduce GRIM
iral cost very materially.
The insurance valued policy law is VI
cious and was vetoed in the same year it
was signed by w. J. Stone. 1t pays a ran
som and a reward to dishonesty. A man
with a chattel mortgage is just as much
entitled to justice as the man so fortunate
burned.
The railroad laws should be changed.
When a pedestrian Is injured while cross
Ing a track the company should be held
whistle. unless the pedestrian went upon
the track for the sole purpose of getting
hurt or killed.
when a building is fired by a spark from
a locomotive the company should be held
liable. though it used all precautions.
Stockholders of a corporation should be
liable for double or treble the amoIInt of
their stock. instead of merely the amount.
The law makes IT a reversible error for
a circuit judge to common on evidence,
while the federal court often takes sides.
Congress should pass a law requiring fed
eraI judges to instruct juries in writing and
with no more latitude than is allowed to
state courts. Corporations should not be
allowed TO go into the federal court unless
the amount exceeds 5000"
Changing the Constitution
A lively debate esued upon the PROPOSE
ton to change the constitution SO as to
permit the election of officers by direct vote
instead of by the general council. Many
speakers advanced the idea that the city
members would combine and freeze out the
country members. Henry s. Julian in
simulated that the convention would be man
ipulated in the interest of certain candi-