The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-11-28
BILL WAS FIXED"
Why New Railroad Law Was
Killed.
Railroads Perfectly at Ease
About the Measure.
UNDETERMINED FIGHT
Attorneys Simply Kept Up
Shallow Pretense.
Original Bill Believed to Have
Been Good.
HOW IT WAS CHANGED
Some One "FilIed the Law With
Holes"
Charged That Attorney Gen
eraI Boyle Made Changes.
BY Manipulation Kansas Left
With No Railroad Law.
Original Bill Believed to Have
Been Good
HOW 1T WAS CHANGED
Some One "FilIed the Law With
Holes"
Charged That Attorney Gen
eral Boyle Made Changes.
BY Manipulation Kansas Left
With No Railroad Law.

The railroad lobby which infested
the special session of the legislature,
called by Governor Leedy, has been en-
thrOned as a successful and potent fac
tor in defeating the will of the people.
The lobby hoped to make the court of
visitation law unconstitutional How
well this work was done the decision
of Judge Hook shows. The railroads are
now without the pale of law and the
state has no power to regulate freight
rates or to adjust other grievances
which patrons may have. These are
the conditions which the railroad lob
by sought to bring about and the men
who did the work, earned the salaries
which they were paid for the job.
The passive resistance of the railroads
to Governor Leedy's special session en-
actment IS now explained. The rall-
road lawyers believed the proposed law
unconstitutional and made just enough
show of a fight to secare the Populist
legislators into its paSsage-the pass
age of the measure which the railroads
approved. The maximum freight rate
feature was first eliminated. After its
death the court OF visitation law was not
opposed with vigOr. The railroads We're
satisfied. The decision of the federal
court upon the mass of hOthingneSS
contained in that law was not unex-
pected. It was also in accord with the
hopes of the state administration.
The first railroad lawyer to raise the
question of the Constitutionality of the
law was A. A. Hurd of the Santa Fe,
who in a small and unimpOrtant case
filed an extensive brief, calling the at
tentiOn of the court to the points of
law which COnf1icted with the priVi-
leges guaranteed corporations of this
character by the constitution and state
law
The court, of course, over-ruled the
motions of Mr.. Hurd; holding itself to
be q duly organized tribunal and in
strict conformity with the provisions
of the constitution. 1t is however,
noticeable fact that Mr. Hurd at that
time covered some of the points which
Judge Hook decided yesterday. Mr..
Hurd is now sustained by the federal
court.
1t is customary to appeal such cases,
but the indications are there will be
10 appeal from the decision of Judge
Hook. The Republican administration
has been hoping for just such a deci-
sion as Judge Hook rendered. The
court of visitation by Governor Stan
ley and the judges thereof, is held to be
useless appendage of the state gov
ernment and the administration is very
glad to get rid of it. The judges will,
probably continue to draw their salar-
les, but this Will not be regarded as a
new and objectionable sin, because
they have been drawing the salary and
keeping away from the Office. The de-
cision OF the federal court Will not in
terfere with the service of the judges
of the court unless the state admins
tratiOn should suddenly become mag
unanimous and cease to draw the sal
airy, preferring for campaign purposes
to permit the money to remain unex-
pended in the treasury But this is too
radical a departure from the methods
OF politics. 1t can hardly be hoped for.
There are today as there have been
every day since the passage of the law,
stories OF Doodle and crOOkedness float
ing around in connection with the ac-
tiOn of the legislature The railroads
did not spend much money in the leg
1slature to secure the passage of the
law. but it is claimed money was used
in other directions in connection with
the transaction.
The idea of a court to handle the
complaints and grievances of the peO-
ple against the railroad companies was
first suggested by 5. H. Allen. then as
soctate Justice of the supreme court, and
G. G. Clemens. Mr. Allen furnished the
bin. The authorship of the bill has been
credited to B. P Waggener Tt was
also charged that the bill was prepared
in the Santa F'e offices and once it was
said that the Republican state commit
tee officially got up the measure and
then smuggled it into the PopuIist
camp. All of these stories have proved
unfOunded- The measure was born in
the minds of staunch POpulists and had
it been passed as then prepared it is
said there would have been no question
concerning the cOnStitutionality of the
measure.
The Republicans said at the time that
ted to the chief justice of the supreme
court but there is no evidence to sub
stanuate this, beyond the assertion
that such action was taken, made also
by POpulist politicians
The holes" in the bill are charged to
l. e Boyle, who was at the time at
torney general of the state. He and
Governor Leedy had a quarrel over the
special session proposition. Boyle op-
posed II vigorously and attempted to
point out to Governor Leedy the mad
Instability of convening the legislature.
But Mr. Boyle was not in good standing
with the governor, and besides the
governor had sway of doing as he
Mr.. Boyle through some of his Kan
sas City newspaper friends had aDpar-
emily abandoned during the campaign
of 1898 the remainder of the PopuIist
candidates and was making a cam
paign for attorney. general without re-
gard to the fate of his associate officers.
Boyle believed that he would defeat
Mr.. GODDARD and to his Republican
friends made no effort to conceal the