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

message from Inc Governor
The following special message frou
the governor was delivered to thu
House by his private secretary, and
.sa1, &s follows:
To the Senate and the House of Rep
resentdtiUcs:
Although the present executive and
a majority of each house of the present
legislature were elected under pledge
to the people to enact = NAHUM rate
law, when the time arrived for fulfill
ing that pledge the menace of judi.
cial decision by the highest tribunal in
the land, which would make legisla-
tive regulation of railroad charges
practically impossible, caused many to
doubt the wisdom of attempting the
promised legislation; and such differ
ence of opinion prevailed that the ex.
ecutive felt called upon to withhold
his approval from the compromise
measure finally passed. There was
then pending undetermined iu the su
preme court of the United States a
case which involved the question
whether, as to railroad legislation, the
legislatures of theoretically sovereign
states should be reduced to the level
OF city councils or school district
boards. upon the reasonaoleness, as
well ss the authority, of whose acts
courts may sit in judgment.
The decision of that case, announced
soon after the aoj ,urnment of thc leg
islature, fully justified the fears and
OF those who deemed it
futile to pass maximum-rate bill; for
it rendered such an enactment a mere
proposal Of legistation-not a law
which must be submitted to the feder-
al court for approval or rejection.
That decision declared that whether
the rates of transportation prescribed
by legislature are reasonable is a ju:
dicial question, and that, first, single
federal judge, and finally five federal
justices, may upon that question, re-
verse and hold null The deliberate jndg-
ment of an entire Legislature, with its
numerous membership, acting under
the same oath as the judges, and calm
ly deliberatiDg for days in separate
chambers; that the courts may sit in
judgment, net merely upon the con:ti.
tutional power of the legislature to
legislate concerning the particular SUBJ
Let. matter, but upon the reasonable
ness of its acts-the power to act be-
'Dg conceded.
At the sametime the court declined, :,
though urged, to lay down any definite
rule by which, in advance of its judg-
ment in each particular case, a legisla-
ture might be able to say whether sug-
gested rates would be held reasonable
Or hot, so that whether rates are rea-
soDable can be determined only by q
standard which must remain unknown
to every human being but the justices
of that court. save as they may vouch-
safe to reveal it anew rs each success
i've law comes before them tn be de-
stroyed. 1t follows that you can only
suggest maximum rates; you cannot
prescribe them. You can submit for
approval maximum-rate proposition;
J ou csnnot enact maximum rate law
However, while the people Uf Kan
sas have for years been demanding
rate law, the real essence of
their demand has been the regulation
Of railroad charges; and although we
have been deprived Of the power to re-
deem our Hedge according to its very
letter, 1t is still our duty to do what
we can to redeem it according to its
spirit; and that this may be done. 1
have exercised the power given me by
the constitution to convene you in
special session.
If the reasonableness of rates be q
judicial, not legislative, question
may not courts determine it upon the
of the people as well as up
on the application of railroad compa-
niesf Ii railroad company may chal-
lenge in court of equity an entire
schedule of rates prescribed by the leg
islature, may not the state challenge
in 3 court of equity an entire schedule
Of rates prescribed by railroad COM
pany? And if. as held in the Nebrss-
ka case On the decision of a motion to
modify the DEGREES. court may, in a
case brought by the railroads, 80 mold
It's decree as tc -,rmit some rates and
sofbi1 others, can it not do the same
Ia 3 case brouf ht by the peoplei And
nay not stale CO 1rt exercise the same
kind of judicial ,,ower exercised by the
federal courts:
The law always has been that rail-
road companies and other common car
riers were bound to serve all persons
alike for a reasonable compensation.