El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-20
A NEW RAILROAD LAW IN KAN

NEW RAILROAD LAW IN KAN
SAS.
After killing a number of anti-rai1-
road bills submitted to it. the railroad
committee of the Kansas house has
devised and reported an act of it's own.
says the Kansas City Journal. 1t is
said that this act will be made a party
measure by the republicans and be
pushed 10 final passage without other
amendment than that which may be
made by a republican caucus. The
leaders rightly reason that the repub-
lican party is going to be held re-
sponsible by the people for such i'm
portant measures as may be passed
in the present session. and. therefore.
it is proposed to make the railroad bill
a caucus one.
If We may believe the reports COM
ing from Topeka. the bill as agreed
upon is alike disagreeable in some par
ticulars to the railroad companies and
to their enemies. And this fact is
enough in itself to indicate that fair
ness has prevailed in the councils of
the railroad committee. 1t scarcely is
to be expected that a law designed for
the regulation of an enterprise will
meet the full approval of the enter
prise regulated. A bill which would
entirely suit the railroad companies
must be in the nature of complete
surrender to their interests. And. on
the other hand, a bill which suited the
radical opponents of the railroads
would be so extreme as to be mani
testify unjust. So the compromise
struck by the railroad committee. is
probably fair all around.
In its main provisions this new rail-
road law is duplicate of the old COM
missioner law of Kansas, except that a
number of new powers have been Civ
en- to the commissioners. looking to an
enforcement of their orders. The
board is to be composed of three men
elected by the executive council. They
are given Jurisdiction over every de-
partment of railroad operation. They
may decide when a rate is unreason-
able. They may change any rate upon
the complaint of any citizen. They
may correct determinations of what
ever character. They have power to
regulate the maintenance of depots
switches, connecting tracks and other
details of the public service. They can
subpoena witnesses. examine books,
compel reports. and in every way get
at the truth in questions brought be-
fore them. And. in addition to their
the executive force behind a number of
duties charged upon the railroads by
the express terms of this statute.
The most important changes from
the old law are found in the sections
the enforcing power of the
board and in fixing penalties. Under
the old law no means were provided
the commission could compel
obedience to its orders. The new law
gives the complainant or the attorney
general. if the matter is deemed of
public interest. the right to go at once
into the supreme court for a writ of
mandamus. There the case takes pre-
cedence over all business except that
Of criminal nature. At the same time
any finding by the board is made prima
facie evidence of it's own correctness
and the burden of proof is thus thrown
On the defending railroad company.
Large penalties commence to apply
against the railroads from the moment
an order is issued and delivered. For
the railroad which disobeys
IN order must forfeit 500 a day to the
state of Kansas for every day that it
remains in disobedience. And this
is not superseded by hearing
n the supreme court. If the court
inds with the railroad commissioners
he offending railroad must pay for
very day, even while the case was
n course of hearing. Besides, large
PENALTIES are attached for the violation
II any provisions of the act. A ship
yer made to suffer by such violation is
Untitled to recover three times his ac-
ual damages.
Taken as a whole. this new Kansas
aw goes to the limit of public control
Il railroad corporations. 1t halts only
t the dividing line between control
nd initiative direction. 1t doesn't
barge the railroad commissioners with
he manifold duties of operating
but it puts them in judg-
nent over the character of the opera
ion If a railroad charges an unfair
ate, or discriminates between shippers ,
r points. or neglects in any way to
erform its duty to the public, then I
he commissioners gain Jurisdiction :
nd are made all powerful. with the =
ingie limitation of having their de-
isions and their orders become re-
iewable by the supreme court No j
ne can reasonably ask more. And the
itiZen who does not find this, law
tringent enough is looking to govern
1ent ownership, outright confiscation {
r something of that sort.
In the meantime the railroad folk
hight ponder over the thought that op-
osition to this compromise measure
lay make it worse. They are given
victory over the radicals who want I
q the state to take on the duty of {
perating the railroads to the exclu- c
ion of their rightful owners They I
ill have their day in court, which is as +