The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-12
PASSES ILLEGAL IN KANSAS.

Governor Han1y of Indiana has dug
up statute in that state whereby
ofhceholders are prohibited from using
railroad passes. A comment of The
attorney general of Indiana on the law
was quoted in these columns a few
days ago. This brings out the fact
that the laws of Kansas also prohibit
the use of passes, but nothing has ever
been said about it heretofore. If Gov
ernor Hoch cares to do so he can
doubtless enforce the anti-pass law in
Kansas the same as Governor Hanly
enforces it in Indiana.
The first Kansas statute on this sub
ject is Section 1886 of the General
Statutes of 1901, which provides as
follows:
mo railroad company shall charge,
demand or receive from any person,
company or corporation, for the trans
portation of any property, or for any
other service, greater or less sum
than it shall at any time charge, de-
mand or receive from any other per-
son, company or corporation for like
service from the same place, or upon
like conditions and under similar cir
cu1nstances; and ALL CONCESSION
OF RATES, drawbacks and contracts
for special rates SHALL BE OPEN TO
AND ALLOWED ALL PERSONS.
companies and corporations alike
This, If it means anything at all.
means that if one person is given free
transportation all other persons must
be treated the same way. But this is
not all. The last legislature passed the
following, which is contained in Sec
ton 16, Chapter $40, Session Laws of
1905:
''It shall be unlawful for any rail-
road company or other common car
rier TO GRANT ANY SPECIAL
PRIVILEGE TO ANY PERSON, firm
| or corporation, either in the way of
preference in furnishing cars, side
| track facilities, sites for elevators,
mills or warehouses. OR ANY OTHER
| FORM OF PREFERENCE, privilege
OF discrimination
Is not a free railroad pass special
privilege?
There are. however, certain excep-
lions to these statutes. set forth as fol-
lows:
Nothing herein or in the act to
| which this is supplemental shall pre-
vent the carriage, storage or handling
of freight free, or at reduced rates, for
/ the state, or for the city, county or
town government. or for Charitable
purposes, or to and from fairs and ex-
| positions, for exhibition thereof, or for
| the free carriage of destitute and in
| digent persons, or the issuance of
/
nor to prevent railroads from giving
| special rates or free transportation to
1 the officers and members of the KAN
sas National Guard. to ministers of
religion, inmates of hospitals, eIee-
mosynary or charitable institutions, or
| to any railroad officers, agents, em-
ployes, attorneys, witnesses attending
! court or before commissioners on be-
half of such railroad company, stock
holders or directors
This section shows explicitly to
whom the railroads can give passes.
There is another section that provides
that the state railroad commissioners
and the employees under them shall be
carried free on the railroads. but the
are the only public officials entitled to
ride free.
If any other public official takes a
pass from a railroad company is he
mot helping the railroad company to
violate the law? For instance, if the
attorney general carries a pocket full
of railroad passes is he. or is he not
eneoura gfng the railroad company te
break one of the laws which he has
sworn to enforce2
The law makes it the duty of the
attorney general to assist the board OF
railroad commissioners in enforcing the
law quoted. Possibly he has persona
knowledge on the subject that ma,
help him in doing so.