The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-11
THEY FIX It UP,
Administration Leaders Agree
on Railroad Measure.
Carver Bill to Take Place of
Plumb Bill.
1T Is LESS DRASTIC.
Aims to Correct Many Present
Evils.
Prohibits Use of Passes by
Commissioners.
Also Gives Them the Right to
Fix Rates.

Peace reigns in the Kansas house of
representatives on the question Of rail-
road legislation. Speaker Stubbs and
the administration leaders have agreed
to withdraw their opposition to railroad
4 legislation provided the Carver bill is
substituted for the Plumb bill. and the
| shippers of the state have consented to
the change.
This afternoon the railroad commit
tee reported the Carver bill to the
house as a substitute for the Plumb
Dill. with the recommendation that it
be passed.
These are the principal changes which
the Carver bill makes in existing rail-
lroad laws:
Gives the board the right to take up,
investigate and change any existing
rate, tariff, schedule, classification, rule
or order issued by a railroad company,
and enforce its changes in the courts
Provides that members of the board
snail not receive any free passes for
themselves or their friends, under pen
atty of forfeiture of office and a heavy
fine.
Gives the governor the right to fill
vacancies on the board, instead of the
executive council.
The bill was read a second time, and
made a special order for committee of
the whole for Tuesday morning at 10
o'clock.
This puts the railroad bill in ahead
of the state refinery bill, which is set
for Wednesday afternoon. The reason
for this move is to satisfy some of the
members who demand that the railroad
legislation be given preference over the
oil legislation. It is expected to
strengthen the vote for the state oil re-
inery.
Up to the final capitulation of the
administration forces. they have in
sisted that this is not the time for any
radical railroad legislation. Speaker
Stubbs has given the members of the
house and the railroad committee to
understand that he would fight the
Plumb bill when it come up on the
floor of the house.
By accepting a compromise, the ship
pers not only escape a conflict with
Speaker Stubbs and Governor Hoch,
but they also think that they will have
better chance to get their bill
through the senate.
The Carver bill was prepared by
Judge T. f. Carver of Topeka. 1t is
considerably shorter than the Plumb
Dill. and IS not quite 50 drastic in its
terms. though it provides for nearly
everything which the shippers consider
essential.
]. H Richards, attorney for the Mis-
souri, Pacific says: The Carver bill is
practically the same thing as the Plumb
bill, except that the Carver bill has a
few roses in among the thorns"
While the Plumb bill was an entire
~ new piece OF leRlSldIlO1l, the Carver
bill is more in the nature of an amend
ment of existing laws, and the addition
of few vital sections.
Prohibits Passes.
While the present law requires the
railroads to furnish passes to the mem
bers of the board of railroad commits
sioners, the Carver bill absolutely pro-
hibits the board from receiving passes
The state win pay the expenses of the
board when it is on the wing The fol-
lowing is the section of the law cover
ing that point:
Section 8 of the act provides: "It
shall be unlawful for any commission
er, secretary or employe of said board
to receive, or apply for, any free trans
portation, reduced rate for transporta-
ton, or any other perquisite, gift, or
emolument form any railroad COM
pany for himself or for any other per-
son, during the term of his Office" The
penalty is forfeiture of Office and a fine
of from $50 to $1,000. The members
of the board and the employees shall
receive his actual travelling expenses
while away from Topeka.
Regulation of Rates.
Regulation of rates is of course the
vital feature of the whole matter. The
bill gives the board of railroad com
nlissiOners power to investigate rates,
either upon its own volition, or at the
request of any person. 1t does not
provide for a complete revision of ex-
listing schedules, as did the Plumb bill,
but leaves it to the board to make any
changes where error exists. The i'm
portant changes are embodied in sec
ton of the bill.
Section 9 says: ut shall be the
duty of the commissioners carefully to
examine all schedules of rates, tariffs,
charges and classifications as we'll as
all rules and regulations made and
published by the railroad companies
operating lines of road in this state
for the purpose of being fully inform
ed as to their scope and nature. and
if the board shall at any time have
reason to believe that any tariffs,
rates. charges or classif1cations, or
any rules or regulations of any rail-
road company as to the handling of
cars or the running of trains are un-
reasonable, discriminative or in any
way violative of the laws of this state, |
or of the acts of congress for the
regulation of interstate commerce. it /
shall direct the attention of such rail- /
road company to the matter wherein /
quest its correction. If such correc-
ton be not made within ten days
after such railroad company has no.
tice of such request, the board shall
forthwith notify such company that
at a certain time and place a hearing
will be had upon the matters involved
in such request; and at the time and
place named the board shall proceed
to hear and determine the matters IN
volved in such request and make all
necessary orders with reference there
to the same as if such hearing had
heen had uDon a formal complaint
filed with the board"
IF any person makes complaint 10
49, s., Tarar6 freight