The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-17
TWO COAL BILLS.
They Have Been Prepared by
Investigation Committee.
Purpose Is to Protect the Pri-
vate Consumers.
PROTECT STATE FUEL.
Railroads to Be Prohibited From
COnflscatiDg 1t.
Senator Mcmillan, Mining Mem
ber, at Sea.
PROTECT STATE FUEL.

Two bills nave been prepared by the
! legislative coal famine investigation
committee which it viii present to the
legislature in connection with its re-
port of findings. The committee has
about completed its work but has found
nothing that VIII give grounds for
criminal or civil action against any
person or company as being response
bic for the coal shortage which has
prevailed in Kansas during the larger
part of the winter. 1t has baen found
by the committee. however, that the
coal hauling railroads are in the Gus
tom of conhscating coal with the great
est freedom, the practice having grown
from a use to an abuse. 1t is believed
to have been directly responsible for
some of the shortages at the state in
stituuons.
one of the bills is for the direct pro
lection of the state Institutions while
the other is for the protection of coal
shippers and consumers generally.
Senator T. A. Noftzger prepared both
the bills, as chairman of the coal fam
inc investigation committee. Senator
Harry Mcmillan, who instigated the
invest tgation, said in regard to the
bills:
4 hardly know whether I approve OF
the bills or not. They are of course
calculated to protect private consum-
ers from the danger of being left absO-
lutely without coal in times when fuel
is scarce, as we'll as to preserve the
state institutions from the results that
would follow a suspension of their coal
supply. My first thought would be that
but one law on the subject should be
passed, that all the provisions of both
bills should be Incorporated in one law
We undoubtedly need some such laws
and we had far better have these than
none.
Section 1 of the law relating to coal
belonging to state Institutions says:
1T shall be unlawful for any rail-
road cOmpany or other common carrier,
or any manager. agent or employe
thereof. to take any coal or other fuel
/ belonging to or consigned to any state
4 institution and cOnvesfl che same TO
the use of such raaroad company or
other common carrier or, in any man
ner delay the transportation or delivery
4 of any coal or other fuel which may be
consigned to any state institution in
this state; and any person or corpora
ton guilty of a violation of this sec
ton shall be punished by a fine of not
less than one hundred dollars and not
more than one thousand dollars
Tho other bill SAYS:
railroad company or other common carrier
in this state to take. appropriate or con-
vert to the Use of such railroad company
or other common carrier any coal or other
fuel in the possession of such common car
fleT Tor the purpose OF transportation De-
longing to or consigned to any other per-
son or corporation, without the consent OF
/ the person, company or corporation to
when such coal or other fuel shall belong
or be consigned. and every person, com
pany or corporation who shall violate the
! provisions of this act shal be guilty OF A
misdeneanor and on conviction thereon
shall be fined not less than $500 for each
car or part of a car of coal or other fuel
so unlaWfully taken. appropriated or con
verted to the use of the said carrier
''Sec. 2. Whenever any railroad COM
pany or other common carrier in this state
shall. in violation of this act take any
coal or other fuel belonging to or consien-
ed to any other person and convert the
same to its own use 1t or they shall pay
the person to whom such coal or other
fuel shall have been consigned. the value
of such coal or other fuel At its destlna-
ton, plus % per cent of such value, less
the usual customary ana legal Lelght
charges for conveying such coal or other
fuel to such destination
Section provides for suit brought by
owners of coal againSt railroad companies
for the recovery of the value of coal
which is not voluntarily paid for within
80 days of its confiscation The owner may
recover % per cent over the actual value
/ Of the coal and the railroad company must
pay S25 per car as costs to cover the at
I torney fees of the man who brings the
suit.
The second bill is intended to provide 2
way by which railroad companies can con
fscate coal when they need it and can pay
for it afterward at a liberal premium. II
I clause shall be operative to any consider
able extent. It is the idea OF the Hrsi
bill to make state coal absolutely immune
from molestation-