Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1899-01-05
THE HOUSE PASSED IT.
by Vote Of 10 60 80 the Kansas Railroad
Bill Goes Through the Lower Branch
or tho Legislature!

| beHhJe ny oenuJOT Ming unu ~
the house by Representative Brown,
of Pratt, the respective chairmen OF
the railrad committees Shortly be-
fore II o'clock the house went into
committee of the whole with Mr.. Fair.
child in the chair. After the bill was
read the republicans began filibuster-
ing tactics, but the populists applied
gag" rule and shut them off, The
bill was taken up for adoption by Sec
tions, A division was called for on
the adopt on of section 1. The vote
stood 60 to 3S.
The republicans resorted TO all tao
tics known to parliamentary usage in
order to impede the passage of the bill
and inject invalidating or unconstitu-
tional amendments, but all such efforts
proved futile. The populists ran the
wagon over them without mercy, Sec
ton after section OF the bill was
adopted without an amendment or de.
bate, the republicans voting mo"
solidly and the populists solidly in the
affirmative with the exception of
Keefer, Of Leaveu worth; Brown, OF
Cowley, and Williams, of Mcpherson.
At 1890 the bill was adopted in its
entirety by the committee of the whole.
The bill was then reported back to
the house with the recommendation
that it be passed and was put imme-
diately to vote. The roll was called
and the bill was passed by a vote of 70
to 80.
Railroad Bill In Outline,
Following are the principal provi-
sions of the railroad bill:
Section creates railroad court to be known
MS the court Of visitation, consisting of three
judges.
Section fixes the terms of office at four
years, the judges TO be elected at the general
election In 1900,
Section 3 provides for clerk and stenogru-
pher to the court, to hold during the pleasure
of the Judges,
Section provides for the appointment Of
judges by the governor with the consent OF the
senate, to serve until the next general election,
Section fixes the salary Of the judges at g.
go per year each, 1880 for the solicitor, l,2O0
for the clerk and 1850 for the stenographer
Section 9 provides that the court of visitation
may sit at the capitol in Topeka or anywhere
else in the state II may desire.
Section7 prescribes the power and jurisdic-
ton of the court, classifying them under ~
subdivisions The power Is to decree freight
and passenger rates. revise demurrage charges,
hear complaints order Improvements, adjus
disputes and in general the scope is ample to
control every feature OF railroad operation,
Section provides full common law and equi-
ty powers for the issuing OF processes, produce
tion Of records, attendance of witnesses, up
pointment Of receivers, punishment for con-
tempt and attendance Of jury.
Section provides for the courts govern
ment and the regulation OF the practices before
It,
Section 10 prescrlbes the duties OF sherlffs
throughout the various counties In the serving
Of processes,
Section II gives the court power to appoipt
marshal, also n bailih
Section II defines the pleadngs which shall
be complaint in the name of the state and
the answer thereto.
Section 10 provides for the manner of pre-
airing an information or complaint.
Section "A provides for citation upon che in
formation and the manner OF service.
Section is allows the complainant to employ
counsel to assist the stSte,
Section 10 allows any party interested In the
complaint to employ counsel TO assist the
state
Section II allows any party who may be ag-
grieved, although not party to the suit to
show that a decree or Judgment is being vio-
lated
Section 18 provides where connecting lines
exist within the state that the judgment shall
cover all the connecting lines
Section 10 stricken out
Cnptinn urpsprihng that M rotpC gDppinl
contracts or agreement now in existence shall
be received as proof Of the reasonableness of
freight charges.
Section u provides for the rendition Of ludg-
ments and the form Of such judgments,
Section 20 provides for the manner Of rem
dering judgments or default
Section 80 provides for the posting Of judg-
ments in the Offices Of the railroad companies
involved
Section "a provides for the trial of joint rates
and the mode OF procedure.
Section 25 provides for the manner of the en-
forcement of the DEGREES.
Section 20 provides for an appeal only TO the
supreme court Of Kansas
Section q provides for the review OF decree
or judgment In certain cases
Section 2S provides for the manner OF taxing
costs and their payment
Section 20 provides for the appearance docket
journal and other records OF the court
Section 30 prohibits the judges of the court Of
visitation from accepting free transportation.
Section 81 provides penalties in the event the
railroads violate the provisions Of this act 1t
makes it u misdemeanor, punishable by fine
of II, go and one year in JAIL for any railroad to
discriminate in charges or classiHcations with
an additional fine of $1,000 for every day the
company shall violate the provisions of this
act
Section 81 allows damages, both actual and
exemplary, Notwithstanding the provisions of
this act
Section 80 provides for the conduct OF rail-
roads in the case of strikes 1t gives the rail-
road court power to inquire into the disagree
ment. II the employees are found to be in the
wrong they can Oe enjoned from further dis
turbance, II the company is found to be in the
wrong the court can order the company to adj
just the strike, or, the company failing to COM
ply to place the road in the hands Of a receiv-
err, who shall operate 1t as long as may be
necessary 10 insure tranquility of commerce.
Section "a provides for the hearing of mo-
tions and affdavits
Section 35 provides for taking dispositions.
Section SO is stricken out
Section 81 bestows upon the court chancery
powers to rehear orders and DEGREES
Section IS prescrbes that the provisions OF
the code of civil procedure shall apply to the
railroad court as In other courts
Section 80 provides for correcting mistakes
or clerical errors in DEGREES.
Section 40 provides for reviver Of actions
in accordance with the code
Section Al provides that in proceedings OF err
rors the bill Of exceptions may be withdrawn
and the error withdrawn.
Section 4! repeats all acts and parts Of acts in
conflict with this act
Section 43 provides that the act shall take
effect and be in force from and after its pub