The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-17

The senate has made the railroad bill
a special order for next Wednesday.
The Carver railroad bill. passed by
the house by a vote of 112 for to
none against, will come before the
senate on minority report of the
members of the committee on rail-
roads.
The senate committee on railroads.
of which Senator J. B. Belts is chair
man, met Thursday afternoon to con-
slider the Dumont Smith and the
Carver bills The railroads want the
Smith bill and the shippers want the
Carver bill to pass.
Before the meeting Senator Belts
stated voluntarily that he was opposed
to section four of the Carver bill, the
section over which the fight is be-
ing made.
Ten members of the committee on
railroads voted on the bills Senators
Belts, Peck, Buschow. Chapman, Port
er of Crawford and Smith of Ed
wards voted to recommend the Smith
bill back to the senate.
Senators Martin of Bourbon, Quincy,
Stewart and Hodges voted to report
the Carver bill.
The shippers after struggle lasting
some three days or more to get a. hear
ing before the railroad committee Sc
cured the hearing Thursday afternoon
only on account of the Intervention of
Lieutenant Governor Hanna who broke
up the effort of Senator Belts to have
the meeting star chamber affair and
much against the wishes of the chair
man the shippers had a hearing and
were represented by Judge Carver, T.
M Potter and ]. S. George who ar
gued for the Carver bill.
The railroad attorneys were on hand
and made their usual pleas but the
work had been done before the meet
ing was held and it was apparent to
those who had kept track of the sit
uation that the chairman of the COM
mittee was opposed to the bills desired
by the shippers and favored whatever
bill the railroads wanted.
The bill the minority has recommend
ed back to the senate for passage,
the Carver bill passed by the house,
contains the following section over
which the fight is made:
"Sec. 4-The power and authority
is hereby vested in the board of rail-
road commissioners, and it is hereby
made its duty, to supervise all rail-
road freight and passenger schedules
of rates, tariffs, and classifcations.
and all rules and regulations govern
ing car service, the transfer and
switching of cars from one railroad
to another at junction points or where
entering the same city or town, all
charges made therefor, as we'll as the |
rules and regulations adopted by any
railroad company for the operation of
its road in the running of trains. It
shall be the duty of said board, from |
time to time, to alter, change, amend
or abolish any schedule classification
rate, rule or regulation established by
any railroad company or companies |
which the board, either upon COM
plant as hereinafter provided, or upon
its own motion, may find to be un-
BILE, unjust, or discriminative;
and such amended, altered or new
schedule, classified ton, or rate, rule. |
or regulation. shall be put into effect
by such railroad company or COM
panies within not more than thirty |
days after receiving written notice of
the order of the board; provided. that
before such order is made by the
board notice and a hearing shall be |
given as required in sections 9 and 10 |
of this act.'
The bill the railroads want, and which
Senator Belts and the majority have re- |
ported back to the senate, contains as
the fourth section the following:
''Sec. 4. The Office of assistant attor |
ney general for the board of railroad |
is hereby created. He
eraI and shall hold his Office for the
period of two years, and shall have Il
salary of $1,000 per annum. 1t is here
by made the duty of such assistant at |
torney general to make a special study
of the railroad laws of this and other
states, and the interstate commerce |
act, and to act as special counsel for
the board of railroad commissioners, to
prosecute and defend all suits and pro-
ceedings in behalf of the state in the
name Of the state in connection with |
the acts of said board, and on behalf of
parties complaining of unjust discrim-
ination by the railroads, or other viola
tiOns of this act. He shall not engage |
in any other occupation, but shall give
his entire time to the duties of such
office."s
Another section of the Carver bill is:
"Sec. T. The board of railroad commits
sioners shall have power, and it is
hereby made it's duty, to Investigate all
freight rates on railroads in |
Kansas; and when the same are, in. the |
opinion of the board, excessive, or lev |
led or laid in violation of the interstate !
commerce law, or the rules and regu- |
lations of the interstate commerce COM |
mission, the officials of such railroads |
shall be notified of the facts and re-
auested to reduce the rates, or make |
the proper corrections, as the case may |
be. When the rates are not changed or
the proper corrections are not made, ac- /
cording to the request of the board of |
railroad commissioners, the latter shall |
notify the interstate commerce commits
sion and apply to it for relief.
The similar section of the Smith |
bill is: