The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-30
FOR BETTER RATES
Organized Effort to Secure
Legislation This Winter.
Commercial Interest to Make
an Open Fight.
JUDGE MARTINS BILL.
1t Is Framed ON Plan of the
Texas Law.
JUDGE MARTINS BILL
Under Present Law Commission.
ers Are Nearly Useless.

While there is much talk about things
the coming legislature will or will not
do, and there is more or less discussion
about measures that will come up for
consideration, the question that is of
most interest to the people of Kansas
as a whole is the freight rate question.
There will be nothing secret or under
handed in the effort to secure just and
equitable freight rates. The State Fed
Grafton of Commercial Interests will I'M
doubtedly maintain a lobby in Topeka
to work for the passage of a new law
for the regulation of freight rates, but
everything that is done will be done
openly.
The federation has had a bill prepar-
ed for weeks which it will present to
the legislature for passage. Some
changes may be made in it, for it has
been widely distributed throughout the
state for the criticism of shippers and
commercial bodies, and it is possible
that some changes may be suggested
which will be deemed advisable by the
federation's legislative committee.
This bill is aimed to embody the best
features of the railroad laws of several
states, notably that OF Texas. It was
framed by Judge f. L. Martin of Hutch
inson, who is one of the attorneys for
the commercial interests and who was
also prominent in the boss buster move
ment of last winter. Judge Martin was
assisted by A. E. Helm of Wichita, who
has made study of the transportation
question. Mr.. Helm is a Democrat and
was the fusion nominee for district
judge in Sedgwick county in the recent
election. He was formerly city attorney
of Wichita and has acted as attorney
in a number of complaints that have
been brought both before the interstate
commerce commission and the Kansas
state board of railroad commissioners,
and he therefore has considerable know
ledge OF the difficulties to be encoun-
tered in securing a railroad law which
will secure justice to all concerned.
The bill prepared by the federation
deals entirely with the board of rail-
road commissioners and its powers and
duties. 1t considerably widens the pow
ers of the board and makes it obligatory
upon the members to take the initiative
and act in establishing equitable rates
instead of waiting Tor complaints to be
filed before the board by some indiVid-
ual or municipality.
At present the board sits around and
waits for complaints. The average in
dividual or firm will not make COM
plant against a railroad company. A
business man hesitateS greatly to incur
the displeasure of a great corporation,
and it costs a great deal of money to
fight a railroad company. Consequent
ly there are few complaints filed about
railroad rates, although the injustice of
some of them is widely recognized.
The proposed law creates the office of
special counsel to the railroad board,
an attorney who acts for the complain
ant and the board in complaints which
are brought. The special counsel is to
be appointed by the governor. 1t is
also the duty of this attorney to make
special study of the railroad laws of all
states and the laws of interstate COM
merce.
The railroad commissioners are to be
required to devote their entire time to
their offices, and it is made their duty
to make a classification of freight and
make a schedule of freight rates for the
state, making changes in the rates
whenever they are found to be neces-
sary.
The railroads are required to file with
the board reports showing the original
cost of the roads, their bonded and
other Indebtedness, the cost of operation
and other data which will aid in getting |
at the determination of equitable rates. |
A heavy penalty is provided for |
agents of railroad companies who at |
tempt to charge rates higher than those |
fixed by the state board, and it is made |
the duty of the board to see that the |
law is enforced and all violations are |
prosecuted.
Determinations between shippers in |
any manner whatever are absolutely |
prohibited, and several sections are de- |
voted to this subject.
One of the most important provisions |
Of the proposed law is one taken from |
the Texas statute giving the board au- |
Lhority to make emergency rates. 1t is |
under this provision that the Texas |
board has the power to partially con- |
troll interstate rates. This section, as |
framed for Kansas, is as follows:
1.-The commission shall have power, |
when deemed by it necessary, to pre- |
vent interstate rate wars and discrim |
nations against and injury to the bust |
ness or interest of the public or rail- |
roads of the state, or in case of any /
other emergency, to be judged of by the |
and it shall be its duty to |
alter, maintain or suspend /
any existing freight rates. tariffs, |
schedules, orders and circulars on any
or part of railroad in this state,
md to fix freight rates where none ex-
st. and in fixing such temporary and |
emergency rates the commission may
"a Ike into consideration the rates estab-
ished or maintained by said railroads
10 or from competing points on said |
-oad whether such competing points be |
located in the state of Kansas or in |
another state, and such rates when so
established shall remain in force so long
is the same are deemed necessary by