Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1899-01-04

do 50. 1t is clearly the duty of tn
legislature to provide for the determ
nation by public authority of what
are proper classifications of freiga,
and what are reasonable charges for it
transportation from place to place.
Is said in cases decided In the fedora
courts that the question as to whethe
an existing rate is reasonable 1 judi
cial question, and that the question a,
to what rate shall be eollectible in tn,
near future is legislative question
!, therefore, recommend that tn,
legislature confer upon the board oi
railroad commissioners full judicia
powes to try, hear and determine al
questions as to the reasonableness and
unreasonableness of every charge made
by railroad company for services
rendered wholly within this state In
the transportation of property; that
they be authorized to try, determine,
and enter judgment declaring what
are at the time of rendering their de.
cision reasonable charges for the trans
poltation of property between different
points over each and all of the railroa d
lines in this state; and also, what are
reasonable charges for switching, de-
murrage, and all other charges impos-
ed by them from the time of the recep-
tion of each and every kind and class
of freight to its delivery to the con-
signee, and that they be authorized,
either at stated times or on the COM
plant OF any person, corporation, or
municipality, to hear, try aud deter
mine any complaint made against the
reas onableness of any charges then be-
ing collected for any service; and that
they also be given power in like man.
ner TO establish full and complete
classifications of freight, to be used in
the determination of all questions af-
fected thereby; that the legislature de-
clare that the rates and charges so de-
termined by them to be reasonable
shall be the rate to be thereafter
charged by the railroad companies,
and the only rate which they author
lied to demand or receive until such
time as the board, upon like hearing,
shall determine that the existing rate
is reasonable, and that another and
different rate is the reasonable and
proper one for the service.
Until the board shall determine
what is a reasonable rate, it would
seem to me reasonable that the rates
now charged by the several railroad
companies should be declared to be
the highest rates which they are
authorized to demand. After the
board shall have prepared of rates
to be reasonable all rate
sheets and schedules of charges and
classifcations prepared or used by
the railroad companies covering their
charges between points within this
state should be declared utterly void
and not receivable In evidence for
any purpose in any court in this
state, but the last schedule determin-
ed to he reasonable ones by the board
of railroad commissioners shall be the
evidence and the only evidence as to
what are reasonable charges. Rail-
road companies should also be pro-
hibited from demanding freight
charges in advance except on perish
able property or having no market
able value at the point of delivery.
All written contracts should be pro-
hibited.
/ have merely indicated in very
general terms the lines on which it
would seem that the legislature must
proceed in order that Just and
rate may be established
by public authority, and the power
effectually taken from the railroad
companies to levy and collect as they
now do all that the traffic will bear,
without refe--ace to it's reasonable
ness or unree esonableness. The COM
missioners ei, ,uld be given abundant
power to car J their judgments into
execution, q to see that the law
which prohiu.Us the companies from
taking more than the reasonable rate
determined by them is enforced, and
to this end the legislature should
provide an attorney for the board
whose special duty it shall be to ap
pear wherever necessary to protect
the interests of the state in the en-
forcement of the law. If the railroad
companies persist in enacting greater
rates than those determined by the
board to be reasonable, all persons
injured should have the light to re-
cover their damages, with reasonable
attorneys fees, in any court of com
petent Jurisdiction. To be efficient,
the law must strengthen the hands
OF the people interested, so that they
shall not be wholly dependent on the