The state herald., 1899-01-13
NEW RAILROAD LAW.
KANSAS HAS A RADICAL MEAS
EN uRE.
4 Court Created to Devote It's Entire At.
tention to all Kinds Of Railroad Contro.
u vsrsiss.

The new railroad law Just enacted by
special session of the Kansas Legis-
hture and signed by Governor Leedy
narks a radical departure from past
4ttempts to control the railroads
R& The passage of the new law means
%ehat the Populist party within six days
~ the end of Its lease of power has
Xperformed the action to which 1t
%pledged itself when 1t was elected in
'Ssye96. 1t has been one of the chief COM
&plaints of the opposition that the party
Y3atd not regulate the railroads and that
}M was In that respect negligent of its
f0lty. The special session was to rem
\ eqy this and to make the party's
i.bledges good.
The workings Of the new law will be
Y Watched with interest. II was carried
sfrough both houses by the vote Of the
Acqncus, and the opposition was not al
lqred even discussion 1t is purely
49pulist measure and that party wish
ITO take all the credit for 1t. The new
~ was written by q. c. Clemens, one
the leading Populist lawyers of the
hte and Supreme Court reporter.
It has for its chief feature court
visitation" that is to be composed
three judges, with salaries of 81, 500
Fch. They are to be the rulers OF the
3llrOad interests of the state, and
Aere will be nothing done in the way
Af regulating the roads save through
Them and their court. 1t is far less
andical measure than was expected.
The judges are TO be elected for four
years at the election In 1900: before
that time they are to be appointed by
the governor. The court Is vested with
full common-law power and jurisdic-
ton for the compelling of witnesses
and the production of records, and Is
authorized to decree freight and pas
senger rates, revise demurrage charges,
order improvements and adjust dis
putes. 1t may sit at the capital or at
any place In the state that II desires,
having Il clerk and stenographer to at
tend its sessions. The complaints are
TO be made in the name of the state,
and whether or not they are to come
before the board will depend on the
solicitor, who Is n part of the court,
and who acts as the attorney of that
body. If he thinks an action too trivial
for the consideration of the court he
can refuse to bring it, having the pow
ers common TO county attorneys In
state courts. There are provisions for
the taxing of costs and for the regu-
lation of strikes, connecting lines, in
terstate commerce and other matters
that are likely to puzzle the board.
The matter of regulating strikes is
the most interesting perhaps Of the
'law's measures. In case OF strike the
court may investigate, and II II finds
the strikers are wrong II may enjoin
them from further acts Of injury to the
road. IL II finds that the road Is wrong.
1t may order 1t TO adjust the disagree
ment TO the terms of the employees, or
may order II In the hands of receiver
If II refuses these terms. This places
u strong lever In the hands of the court
In labor troubles, and II II Were dis
posed TO use II rccklessly might make
great deal of trouble for the roads.
The appeals from the rulings OF the
court are TO go to the State Supreme
Court, as do those OF the District
Courts
The objections that are found In the
provisions are that II gives one court
both executive and judicial powers.
ap'l that II Is by no means certain that
IN \ Wv will stand the test of consti-
tutlonality. II II should not do SO and
the session shall repeal the present
law. the state viii he without any rail
road regulation whatever.