The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-20
CARVER REPLIES.
Comes to Defense of His Railroad
Bill.
COrrects Statements Concerning
the Measure.
SMITHS SOLICITUDE.
1t Is for the Railroads and Not
the People.
How the Senate Bill Was Adapt
ed to This End.

railroad bill passed by the house by
a vote of 112 to 0 last week and which
comes before the senate for passage
/ Wednesday, replies to Senator F. Du-
mont Smiths interview attacking the
measure. Judge Carver says:
Senator Smiths explanation Of his
attempted destruction of the vital parts
of the house railroad bill sounds much
like a mere echo of the objections put
forth by railroad attorneys who do
no posing as the special friends of
shippers, VIII ether great or small.
Keep the Promises.
ITO their arguments he adds mis-
statements as to the laws of other
states and unfounded imputations of
the motives of those who are insisting
that ante-election promises be kept by
the enactment of a law that means
real relief and is not a mere cunning
ly devised scheme to deceive the peo-
pie while continuing the conditions of
which so much complaint. has been
made.
THE so-ca1led senate bill is simply
the house bill with practically every
thing eliminated that gives any addi-
tional powers to the railroad commits
sioners. If not as expedient, it would
be at least more honest for the oppo-
nents of the house bill to admit that
they are more careful not to interfere
with railroad management than they
are 10 afford relief of those who bear
the burden of such management
That Section Four.
''Mr. Smith says: The senate sub
committee took the Carver bill and
struck from it section 4 which gives
the board the power to alter, revise,
change, or abolish any rates, tariff or
schedule without complaint, and in the
place of it provided that all rates,
tariffs and sch eduleS might be changed
upon complaint That statement is
made either in ignorance of the pro-
visions of the house bill, or it is made
to deceive. It is not true that the
senate subcommittee put in the place
ing and changing of rates, etc, on
complaint. The provision for hearings
on complaint was in section 10 of the
house bill which was partially adopted
as section IL in senate bill. Instead
of adding anything, in the interest of
any shipper the senate committee, in
the interest of the railroads alone,
struck out of section 10 the provision
allowing the commissioners to go be-
yond the matters, expressly set forth
in the complaint, and correct other
rates and charges which they found
to be unreasonable or discriminative,
giving the railroad company an oppor-
tunity to be heard before any order is
made.
To Correct Abuses.
Every shipper, great or small,
knows that a law for the regulation of
railroads is of little value to him, if
there is no power outside the railroads
themselves, to correct abuses except
upon the formal complaints of individ-
uaIs. There must, of course, be oppor-
tunity for complaint, and the commits
siOners must be authorized and requir-
ed to act thereon; for it may often
happen that the matter complained Of
enters into only a particular shipment
in which the public is not concerned In
such case. no one would expect a com
mission to act on its own motion
But when an unjust or discriminatory
rate affects a whole community or
state, all shippers being interested
what objection is there, except that the
railroads should not be disturbed in
practicing such abuses, to empower the
board of commissioners to investigate
and correct without waiting for some
one person to step to the front and, on
behalf of all, ask relief2
Duty of Commissioners.
1T is the duty of the railroad COM
missioners to study the transportation
question. They are supposed to know
when rates and clasSificatiOns are un
reasonable. They can know when the
agricultural commercial and other in
terests of the state are not given fair
treatment by railroad corporations
Does the senator's subcommittee, so
solicitous for the small shipper, think
that the interests of our people are
given proper recognition in a law which
ties the hands of the commissioners
under such circumstances until loosen
ed by the act of some one man who
has public spirit enough to demand re-
lief? Is it not more in keeping with
pretentiOns of interest in the men who
pay the freight, to advocate a law
which, in the name of the state, calls
upon the commissioners for action
when such conditions exist2 Sections 1
and of the house bill do this. The
railroads say, and Senator Smith in
unison repeats the words let abuses
continue, let discrimina tions exist, let
rebates and favors be given, let the ip-
tereStS of the state languiSh- and die,
but keep hands off the railroads until
some brave, aItruistic citizen takes his
pen in hand and inquiries OF supine
board of railroad commissioners II the
time has not come for remedial action
The Small Shipper.
But the small shipper: When was
he discovered by these self-constituted
protectorse What is meant by small
shipper ANYHOW? If a farmer in CEN
trail Kansas buys a car of lumber in
Milwaukee and is charged twice as
much for hauling it west of the Mis-
souri, river a distance of eco miles, as
for twice the distance east or the river.
is he the small shipper we are told
about? But he pays only the regular
rate. All his neighbors, and all the
farmers in Kansas pay at the same
rate for the privilege of living in Kan
sas instead of Missouri or Iowa OF
course the solicitous friend of this small
simmer is eager to afford him an ade-
nIIate remedy for relief, hence advises
him to look up copy of the session
laws of 1905 and see how ready at hand
the desired relief is A mere letter, a