The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-17
TO Be PARTY BILL.
Republican Caucus Adopts a
Railroad Measure.
WILL PASS IT FRIDAY
No Debate viii be Allowed
Party viii be Responsible,

Toreka, Kans.. Feb. 1s-The Republi-
can members of both houses held a eau
Gus in the senate chamber this afternoon
and agreed upon the subcommittee rail-
road bin with a few amendments. The
principal amendment. and the one Of
vital interest, was one giving the railroad
board the right to 60 into the supreme
court and enforce its orders. This QUes-
ton was discussed at length. It was net
question whether or not the authority
should be granted, but as TO how It
should be done All were in favor Of
such provision. but many differed as
to the best method
The caucus assembled at o'clock and
Senator Morrow presided The bin was
read section by section No amendments
uf Importance were offered until section
IS was reached. This section contained
the provision as To what should become
Of the orders Of the railroad board. 1t
did not clothe the commission With a5-
solute power 70 require an enforcement
Of its orders Senator Smith offered an
amendment making it the duty Of the at
torney general 10 go luto the supreme
court and. by mandamus proceedings,
compel the railroads to obey the board
orders. This brought the question up in
hurry. Amendment after amendment
was made and speech after speech deliV-
cred. Il all stmmered down to the adoD-
tio moi q substitute offered by Mason,
If Ffnney, which empowers the board at
It's discretion to call upon the attorney.
general to bring such proceedings TO en-
s0rce its orders.
The section OF such vital Importance
Is amended and adopted follows:
1T shah be the duty Of every railroad
company and each and every officer.
agent and employe Of any railroad COM
pany and of each and every person en-
Eased in any capacity in the conduct o.
the business of a common carrier TO
one YAH reasonable orders of the board OF
railroad commissioners made under the
authority conferred by this act In case
any railroad company. or any sues on
Ger. agent, employee or person shan vio-
late or shall refuse to obess any such
order lawfully made by said board Of
railroad commissioners. any person ag-
grieved thereby may institute and PROSE
cute mandamus proceedings in the SUI
on the relation Of such person TO compel
eompliance with and Obedience to such
order And In any case where, in the
opinion of the railroad commissioners. i
the interest of the public require IL. such
board shall require such prosecution to
be brought by the attorney general in
the name Of the state
'The practice in such proceedings shall
Re as in other cases Of mandsmus but
the court may control the time Of trial
without regard to the time the issues
are Joined. Gases Instituted under the
provisions of this section may have prece-
derce as to the time Of hearing over all
other classes Of cases, except criminal
cases The supreme court shall have dis
cret0uary authority TO refer any Of the
Issues IN any such proceeding to a referee
OF referees, 70 be appointed by the
court for such hearings and findings.
and under such rules as the court may
direct I'm any hearing under the ro-
visions Of this section. the order and de-
examinations Of the board Of railroad com
uissioners shan be deemed prima facia
evidence of the matters therein stated
and found. Dis9bedtence Of any judg-
ment, order or writ 81 the supreme court
IN any such proceedings shall be punish
ed as In other cases Of contempt The
proceedings In cases Of contempt shall be
summary In their nature under such
rules as the court may adopt. and no jury
trial shan be required OF had therein. In
addition 20 the general powers Of the
court to punish Tor contempt. the court
shall have power 70 punish any refusal
or failure to obey tts orders. made under
the provisions of this section. by a fine
not % exceed 5000 Tor each day after q
day 70 be fixed by the court that such dis
obedience shah continue. or by improson-
ment not exceeding one year, or by both
such dna and Imprisonment IN any pro-
ceedlug instituted under the provisions Il
thas section by the attorney general the
costs and expenses on the part az The
plaintiff shall be paid out Of the general
FUND Of The state. upon approval by the
governor, attorney general and auditor
Of tie state. The remedies provided by
this section shall not be deemed 20 ex-
ciude OF limit any other remedies pro-
vided il this act OF existing in virtue
of any other LAW. but saau be additional
thereto.
Senator Miller succeeded in havinz the
salary % each commissioner reduced
from $3.50 to $3.50 year.
Senator ward tried 70 have this provis-
ion cut our:
In every case where any passenger
CA any railroad in This state shall fan
10 present t. the conductor or collector
upou the train. a ticket Tor his or her