The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-16
NOW have IT.
Railroad Bill at Last Agreed
Upon.
Follows Closely the Original
Plans Of Leaders.
ONLY ONE OPPOSES.
Senator Miller Disagrees With
His Party Associates.
Nearly All the Objections to
Measure We're Minor Ones.


the joint railroad committees was dis
cussed and after a few amendments was
! adopted by the caucus. There was one
vote against the bill after the caucus
had got through with it. Senator Mil
Ter voted no and Senator Fitzpatrick.
Representatives Rees, Short and Stav-
| ley refused to vote
As the bill stands now IN the
| shape it will be when passed, it is the
old railroad law with the addition oe
power to enforce all reasonable orders
and the power to fix rates and classifi-
cations. The board is composed of three
members elected by the executive -cOun-
ell, no more than two of the board to be
of the same party. The bill provides for
four methods of enforcing the board >
orders which are: Damage suits by IN
dividuals, criminal proceedings, manda-
mus action by individuals and nnanda-
mus proceedings by the state. The board
may enforce its orders through the su-
preme court if it sees fit and the attO1'-
ney general must begin suit by the
board when so ordered.
Senator Miller attempted to amend the
bill to make the board elective after the
first year but his amendment was voted
down. He succeeded in reducing the sal
ary of the members which was placed IN
the bill at 49, 900 to s., 500 but the salary
Of the stenographer remains at $1,000 as
his motion to reduce that to $1,000 was
defeated.
All of the argument on the bill was
over section SO which is the section re-
lating to the enforcement of the orders
of the board Amendment after amend
ment was proposed and discussed ard
voted down as not being the proper
thing. All Of the members agreed that
this clause was the important part of
the bill because the fault Of the old law
was that the board Gould not enforce its
orders and that was the fault to over
come. -z3,s-
Senator Smith proposed an amend
ment making it compulsory with the
board to bring suit when their orders
were not Obeyed irrespective of how tri-
vial the case might be. He held that if
the board knew that their orders would
be enforced by the court that they
would use their power with greater dis
cretion. The objection offered to this
was that the board would have too
much power and it would pile up costs
on the state because many trivial appli-
cations would be made to the board
which would not deserve that amount Of
attention
Mr.. Mason said he doubt the advisa-
bility of Senator Smiths motion. He
said the bill provided four ways for the
enforcement of the boards orders, and
he did not think the board should be
compelled to go into the supreme court
to enforce each order no matter how
small as it would clog the business of
both the court and the board.
After a general debate Mr.. Mason in
lIOQuCCQ Il SUBSTITUTE DIONlQ1uR LQdL the
board should bring the suit in the su-
preme court when they deemed it ex-
pedient. This was adopted.
The section relating to the charge of
half fare for children under IL years of
age was amended by Senator Noftzger
to make the half fare rate apply to chill
dren between the ages of s and u, under
that age there was no provision made.
Senator Ward made a fight to have
the provision changed which states that
every conductor must issue a cash fare
slip to people paying their fare on the
train. The charge of ten cents extra is
made for the slip which will be refunded
when presented at the station He said
that the clause making the conductor
issue a cash fare slip should be stricken
out as it was an insinuatiOn that con-
ductOrs were dishonest and needed leg
islation from the state to keep them
from stealing His motion was lost and
the clause will stand IN the new law
The section over which all the debate
occurred and which was considered of
such vital Importance was adopted as
follows:
It shall be the duty of every railroad
company and each and every officer,
agent and empIoye of any railroad COM
pany and Of each and every person en-
gagged in any capacity in the conduct Of
the business of a common carrier to
obey all reasonable orders of the board
OF railroad commissioners made under
the authority conferred by this act. In
case any railroad company, or any such
officer, agent, employe or person shall
violate, or shall refuse to obey 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
preme court in the name of the state on
the relation of such person to compel
compliance with and obedience to such
order And in any case where, in the
opinion of the railroad commissioners,
the interests of the public require it,
such board shall require such prosecu-
ton to be brought by the attorney gen.
eraI in the name Of the state
The practice in such proceedings shall
be as in other cases Of mandamus but
without regard to the time the issues are
Joined Cases instituted under the pro-
visions of this section may have pre-
cedence as to the time of hearing over
all other classes of cases. except Grim
ina1 cases. The supreme court shall
have discretionary authority to refer
any of the issues IN any such proceeding
to a referee or referees to be appointed
by the court, for such hearing and find
fnes and under such rules as the court
provisions of this section, the osders and
determine tons of the board of railroad
commissioners shall be deemed prina
facie evidence of the matters therein
stated and found. Disobedience of any
Judgment, order or writ of the supreme
court in any such proceedings shall be
punished as in other cases of contempt.
The proceedings in cases Of contempt
shall be summary in their nature, under
such rules as the court shall adopt, and
no jury trial shall be required or had
therein. In addition to the general pow
ers of the court to punish for contempt,
the court shall have power to punish any
refusal or failure to obey its orders.
made under the provisions Of this sec
tioa. by q dne Of not to exceed $1,000