Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-07-27

executive departments of thestate are
concerned. OF course there are many
who believe that the republican party
in Kansas is simply the tool of the
railroads, and proper investigation
warrants the accusation. Every de-
partment of government is thorough
ly peTmeated with the influence Of the
railroads. A review of the cases de-
cIded in the supreme court for and
against the railroads, together with
the political complexion of the court.
is sufficient evidence that the judici-
airy is not exempt from the influence
of the railroads.
Taking the reports of the court for
Kansas we find that in the 47th, 18th,
10th and 50th Kansas, when the JUS
ticei were Horton (rep), johnson (rep),
Valentine (rep}, that the railroads
won 81 cases and lost rs.
In the 5Oth, 51St, SD, 53rd. 54th. and
Both Kansas, when the justices were
Horton (rep), Johnson (repl and Al
len (pop), the railroads won Al cases
and lost 30. Allen diSSented from 4.
In the 55th, seth and 9th Kansas,
Martin (popl, johnson (rep) and Al
len (pop) justices, the railroads won
30 cases and lost so.
In the Goth, 61st 62d Kansas Doster
(pop), Johnson lrep), Smith (rep)
justices, the railroads won 80 cases
and lost IA.
Since the court was increased last
winter and is composed of DoSter (pop)
johnson (rep), Smith (rep), Ellis (rep)
Pollock (rep), Green (rep), Cunning
ham (rep), 8 cases have been decided
for the railroads and 4 against them.
OF the cases reported in the Pacific
Reporter since the last volume of the
Kansas reports was published, not one
case has been reversed in which the
railroad company won in the lower
court, while of the cases decided in
favor of the railroad companies by the
supreme court nine have been reVer-
sails to ten affirmanceS. This shows
concluSively that the court has chang
ed the law as heretofore decided by it,
UGCduSO UI1C VI IdI OO0l CLIS SuPpOOCO
to follow the decisions of the supreme
court, and as these rarely decide new
questions, it shows that the trial
courts have been reversed for deciding
the law as the supreme court has done
before the trial courts decision.
4 The Summary becomes the more
surprising when it is known that the
few cases decided against the rail
roads are mostly small cases. The
court seldom fails to protect the rail
road companies from paying big judg-
ments against them.
Fishing and junketing parties with
railroad officials seem to have their
influence, as do passes and other fay-
ors which railroad officials alone have
within their power to grant, and a
brakeman who has lost a leg in the
service of the company, or a passenger
injured for life in a collision, or an
unfortunate person who fails to see a
train when he approached a railroad
crossing and lost his health or his life,
because the company's servants in
in making fast time that they failed
to sound the whistle quarter of
mile from the crossing as required by
laval these, we say, stand a poor
chance in this court of justice, for
they can not give passes or fishing
parties to the judges, and this court
would doubtless feel itself little too
proud anyway to rub up against the
oily clothes of a brakeman on a fish
ing party excursion. The court much
prefers to ride in the official private
car, quar- from his bottles and listen
to the praises of those who favor them
for naught but the dishonest purpose
of getting undue and unfair decisions
in their favor. And what must be
the makeup of man who will be
worked by these dishonest schemers?
Offering passes is nothing more or