The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-02-09
Court Of Visitation Not Anxious
For a Test Case.
Danger That They Will Lose
Their Positions.
THE CASES ARE READY
Cattlemen Suits Will Determine
Power of Court.
Method of Procedure is Not
Fully Determined.

Today or tomorrow at the very latest
the preparations for the suits on behalf
of the Kansas cattlemen who seek a
reduction in freight rates. will be COM
pleted and the cases filed.
The delay is being incurred by the
court of visitation which does not seem
disposed to enter into an arrangement
whereby the members are likely to take
the chance of losing their jobs.
This litigation which Will represent
the Kansas Cattlemen's association is
in the hands of T. F. Carver and Attor-
ney General GODDARD on behalf of the
state. Mr.. Carver is the representative
of the cattlemen's association.
The method of procedure which will
be followed in this case is not thorough
ly determined at this time, but the pro-
liabilities are that two cases will be
filed, each having a particular purpose
IN view, but the main object being to
seek a determination at an early date
of the powers Of the court OF vista
ton.
The first plan. suggested was to file an
application with the court of visitation
asking the court to fix and promulgate
schedule of rates for one OF the Kan
sas railroads. This schedule is to in
clude all classifications.
The attorney general and the attorney
for the cattlemen want the court of
y
to prOmulgate the schedule. Then the
attorney general and the attorney for
the association want to go into the su-
preme court under an original proceed
ing and ask for a writ of mandamus to
compel the court to promulgate the
rates.
The object of this arrangement is to
secure a speedy hearing of the case and
under the mandamus proceeding the su-
preme court would necessarily pass up
on the conStitutiOnality and validity of
the law and define the extent to which
the court could go in fixing rates; or
decide that the court has no such pow
ers.
The court of visitation does not want
to get into the mandamus business, the
indication being that the judges fear
the law viii be knocked out and that
they viii lose their present sinecures.
The court moves very slowly in this
matter ana the attorneys for the other
side of the controversy are unable, it IS
said, to fix upon a plan of action owing
to the non-interest displayed by the
railroad tribunal.
AS another feature the attorneys for
the cattlemen want the court to ACCEPT
stock rate, and give the cattlemen L
chance to show its inequality by fair
and exhaustive hearing.
Should the court Of visitation accede
to these two propositions the cases
would proceed in this order:
First-The mandamus proceeding.
Second-The trial of a rate case
The first would give the attorneys an
opportunity to ascertain what the
whole state wants to know: Whether
the court of visitation is to be taken
seriously or whether it shall continue to
be a joke for the membership of all DO
litical parties.
The second proposition would place
| before the court proceeding in which
/ a decision could be made and enforced
/ If the court was declared equipped with
! proper powers These two proceedings
/ tOrneys hope the court of visitation will
/ agree to submit to the test However
/ the court of visitation seems disposed to
! delay matters.
Then there is another feature in these
] cases which has no relation to the live
! stock rates. The state conventions of
! the various parties are approaching and
! it is important that the political parties
should know if the necessity for the
nomination of members of the court of
| visitation exists Uncertainty will at
tend this part of the affair too but
there seems to be no disposition
| around the court of visitation head
| quarters to change the situation of the
! present which is a good salary for ey-
| erybOdy and no work.
This is approaching a degree of the
| millennium which is promised with the
| adoption of the principles of socialism.
! Then, so some scoffers have said, every
! body will have good jobs, big salary
| and no work This is a privilege now
| eniOVed Only by he cO11rt of vic{to tiop