The Wichita daily eagle., 1904-05-28

worth discussing even if l had the time,
but | want TO call your attention 10 one
| or two features which are fair sample
Of the balance of it, My friend Grace,
when he didn't get his cars on time, SUI,
| fereO. considerable damage. no DOUBT Ano
SO he wanted to try and collect MS dam
ages. How would he 60 about II! Cnder
! the common law he would simply oring
suit In the proper court, show his demand
for cars and failure to FURNISH them
within a reasonable time his damages
and he would be entitled to a verdict ard
/ Judgment Under our statute what must
he do2 Before he can sue ne must me Ms
claim before the railroad commissioners.
must have a trial there, and II they m
ally conclude he has meritorlous Claim.
they give him a certificate whicn Simply
allows him TO bring suit IN the courts;
Then it provides that the certificate snail
not be any evidence as to the merits OF
the action. This, you see. compeis MN
to hire a lawyer. have trial before the
commissioners and the additional expense
and the time and worry connected with
II would prevent him. as well as many
an injured person from optainine ANN ,otar nlr
connected with this section In tnls ina
it shall be the duty OF the company II
within it's power. TO furnish cars. Ind1
leaves another question TO De itisdteu-
And the company will always attempt 10
show il was not within its power. Anu
where suits have been brought in TINS
state against the company Tor oafndses
for not furnishing cars. the company
lawyers are setting up this oelehSe duu
expect TO win out on it, that the claim
was not filed before the commissioners,
hence the parties can maintain no acloh
against them in court. Some states pro
vide that the railroad companies shaH iur-
nish cars upon reasonable notice, unless
prevented by strikes. and heaVy penai.le1I
are provided in case of neglect or refusai
to do So And you see we are at
disadvantage. The cars are taken 70 those
states TO avoid such damages ana penal
ties and we suffer in consequence OF our
poor laws upon the subject. AND anotner
section of our statute provides that no
railroad company shall be permitted, eN-
ton or order of the board to change or
limit its common Law liability AS a com
mon carrier. And the companies I'M
mediately induce the board to make the
order limiting their liability and so when
the stock shipper has loaded his car OF
stock and the engine runs down on the
switch to haul the cars out to make up
the train, the station agent hands the
shipper a bill of lading or paper and has
him TO sign it, filled in with iine print:
wherein he valves all his rights out
which he hasn't time to read Wen
there may be delays or damage, ana When
he finally presents his claim for II, Is
informed that the fine print part OF ms
paper is a contract he signed WalVlng all
such claims, and yet # ne didn sign so II
the little Joker of that secuon nulllneS
the balance of it,
Judge DaIe's Remedy
Now, how can we remedy the matter /!
BY adopting a law based upon the Iexas
provisions in so far as the same may be
applicable. We want railroad commission
ers allowed by law to do something Cn-
der lat law it is their duty, after 1uil
and fair hearing upon reasonable notice
to fix schedule of tariffs, freight ana
passenger for every road in the state.
And this rate is deemed conclusive on
the proposition unless attacked by dlrect
proceedings in the courts brought py .ns
-nd
then ...e right to determine the question
whether such rates are reasonable. ana
if they so decide, then such rates are
the ones that the roads are governed py
The commissioners do this of their own
motion and don't have to wait until
some one makes complaint The law al
lows them TO employ experts to make
full and complete investigation. and so
they go into the cost of the bulidlnS OF
the roads. the condition of the country
the Indebtedness. etc. and they lnNestl-
gate the rates in other states and aScer-
tain the condition where such rates are
in effect and when they have concluded
the state has a schedule of rates affectlng
all the roads of the state. Heavy penal
ties are provided against determinations,
etc and in short, the law amounts to
something and the roads are obeying it.
OF course no state law can affect inter-
state commerce. but there is a provision
in the Texas statute that the railroad
commissioners shall investigate the rates
affecting interstate commerce ana IL they
find the roads are not dong the right
thing in any given instance such commis-
sion brings the matter before the inter
state commerce commission, which re-
leves the private Individual ana the
municipalities from the burden OF prose
cution. The provisions of that law are
too numerous TO discuss tonight, but the
law has been upheld by the supreme
court of the United States as we'll as the
ing that the commissioners could not fix
an unreaSOna BILE rate. This same doc
trine has been held by all the courts.
That is. that the legislature can delegate
the power to commissioners TO 1nvesti-
gate and fix rates. if they are reasonable.
And while our own supreme court, ny
divided opinion two to one. set aside the
railroad law of Kansas known as the
court of visitation, it was upon the point
that judicial power was vested in a board
not authorized by the constitution. and
that the same was so intermingied as 10
nullify the whole act. But in TINS Opln-
ion NV Judgment is that the doctrine con
tended for was upheld by a majority
opinion. But even If there is any question
as to what was decided. the law should ne
passed giving the commissioners such
power and duty, and let il be tested be
| fore the court as now constituted |
have such faith in the integrity of our
courts that / am SatiSfieu our courts
will be in line with the supreme court
of the United States and with other courts
upon this subject. OF course there are
some provisions of this Texas law that
.
but the principal in that law allowing
! and directing the commissioners to inves-
tigate and fix reasonable rates and stop
! these unjust Determinations and extor-
tions is what is needed framed into a
! law and placed upon the statute books
| of the state of Kansas. And you viii
see the necessity of electing broad minded
/ intelligent and honest men as railroad
! commissioners. Men not controlled and
/ manipula ted by the railroad companies.
and neither must you get men narrow
/ minded and easily biased. Theirs VIII
/ be a very important work. 1t VIII take
/ time to make these Investigations and
money will have to be provided by the
/ legislature to employ counsel or furnish a
solicitor TO aid the commissioning in the
! legal phase of the work. You and don
/ know what would be a reasonable rate.
/ and Il would take vast amount of time
/ TO properly determine. Somebody should
! fix the rates. and / don't believe II should
+ be left entirely to the companies TO DO
so | think IL would he fair 10 give this
power TO the commissioners, and they
could take the necessary time 10 do II
properly \ legislature, during Its short
! session hasn't the time to fix these Sched-
ules. nor would il be proper for them u
attempt il. You and don't want the rail
roads crippled in any way. and we are
I teaches US that there must be laws TO
control them or the people suffer And
have always thought that railroads make
+ a serious mistake in attempting TO run
the politics Of the state and that they
would get fairer tres stment If they KEEP;
I ont. I don't want you to Imagine FOR 2
! moment that II is going 10 be an easy
matter 10 draft railroad law. II is going
/ to take weeks Of study and am IN
I favor OF following some Law that has stood
( the test ard had the approval Of the
! courts I don't want some doubtful meas
ure proposed. and | trust that the fed
! eratiorists in attempting 10 get up =
/ railroad bill. sS some Of its officers have
/ Informed me- that Is their intention will
/ hire some LAWYER who has investigated
! and is thoroughly posted upon the sub
jact who viii give the matter such care
I ful consideration tnat they can present