The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-18
RAILROAD Bill.
Text of Smith Measure Now Be-
fore Senate.
Reported FaVOrably by Majority
of Railroad Committee.
WILL BE DISCUSSED.
Topeka Commercial Club to
Consider Question.
Meeting VIII Be Held Monday
Evening.

EOnOWllE IS the smith railroad oil
that has been reported favorably b.
the majority of the senate railroa'
committee:
common carriers, supplemental L
chapter 2S6 OF the laws of 1901 an,
chapter 391 of the laws of 1903, amend
ing and repeating sections and %
chapter 391 of the session laws of 1909
amending section Is of chapter 2S6 O
the session laws of 1901, and repeating
sections S. 10, is and p of said las
named chapter
Be it enacted by the legislature of tht
state of Kansas:
Section 1. That section ? of chapter
S91 of the session laws of 1903 be amend
ed so as to read as follows:
The said board of railroad commits
Eioners shall be elected at each general
biennial election in the same manner as
other state officers are elected, and
shall take Office on the second Monday
in January after their election: prOVid-
ed, that in case of a vacancy in said
board the governor shall appoint some
suitable person to fill such vacancy.
Sec. ?. That section 2 of chapter 391
of the session laws of 1903 be amended
60 as to read as follows:
No person owning any bonds, stock or
property in any railroad company or
who is in the employment of, or who is
an any way or manner pecuniarily in
terested in any railroad, shall be eligi-
bic TO the Office of railroad commission
board. Said railroad commissioners
shall be qualified electors Of the state
and shall not hold any other Office I'M
der the government of the United
States, or of this state, and shall not
while such commissioners engage in
any occupation or business inconsistent
with their duties as such commission
erS. Said commissioners. secretary and
stenographer shall be sworn to the due
and faithful performance of the duties
OF their respective offices before enter
ing upon the discharge of same. Each
OF said commissioners shall enter into
bonds with security to be approved by
the governor in the sum OF $4,000 con-
dttioned for the faithful performance of
his duties.
Sec. 8. It shall be unlawful for any
commissioner secretary or employe of
said board to receive, or apply for any
free transportation, reduced rates for
quisite. gift or emOlument, from any
railroad company for himself or for
any other person, during the term Of
his office or employment: and any
person violating the provisions hereof
shall be guilty of a misdemeanor and
upon conviction shall be fined in any
sum not less than fifty dollars nor
more than one thousand dollars: and
upon conviction of any commissioner
of such violation the governor shall
declare his office vacant and shall ap-
point his successor thereto Each
commissioner, secretary, stenOgrapher
and employe shall be entitled to re-
ceive from the state his actual neces-
sary travelling and other expenses
while travelling away from Topeka on
the business OF the commission, which
amount shall be paid by the treasurer
of state on the order of the auditor
of state. an itemized sworn statement
thereof having been first filed with the
secretary of the board and approved
by the board
Sec. 4. The Office of assistant at
torney general for the board of rail-
He shall be appointed blythe attorney
general and shall hold his Office for
the period of two years, and shall
have a salary of TWENTY-FIVE hundred
the duty of such assistant attorney
general to make a special study of the
railroad laws of this and other states
ana the interstate commerce act, and
to act as special counsel for the board
OF railroad commissioners, to prose-
cute and defend all suits and proceed /
tngs 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 vio-
lations of this act; and to perform
such other duties as the attorney gem
eral may prescribe. He shall not en-
gage in any other occupation but shall
give his entire time to the duties of
Sec 5. If any two or more rail-
road companies having connecting lines |
Of road shall fail to agree upon a fair I
and Just division of the charges arising |
from the transportation of freights /
passengers or cars over their lines, the |
commissioners shall fix the pro rata /
part OF such charges to be received by 4
each of said connecting lines
Sec. 6. The board of railroad com
missioners shall have power to adopt
rules to govern its proceedings and to
regulate the mode and manner of all
Investigations and hearings held by the
board under the authority conferred
upon It by this act, or by the act of
which this is supplemental: Provided
no person desiring to be present at any
such investigation or hearing by said +
board shall be denied admission
Sec Z. The board of railroad commits !
gioners shall have power and il is here
by made its duty to investigate all
through freight rates on railroads in +
Kansas; and when the same are. in the +
opinion Of the board, excessive, or levied I
or laid in violation of the interstate
commerce law, or the rules and reguIa-
lions Of the interstate commerce com /
mission. the general managers of such
railroads shall be notified of the facts
and requested to reduce the rates or
make the proper corrections. as the case /
may De. when the rates are not
changed, or the proper corrections are
not made, according to the request of
the board Of railroad commissioners
within thirty days, the latter shall noti-
fy the interstate commerce commission
and apply to it for relief.
Sec. 8. Within thirty days after the
taking effect of this act all railroads /
doing business in the state of Kansas. I
and to which any Of the provisions of
this act apply, shall furnish the board
OF railroad commissioners copies of all
of their schedules of rates, charges and
classifications of freight. joint tariffs
and divisions of rates. and shall in ad-
dition thereto furnish said board with
copies of all rules and regulations con-
corning the switching OF transfer of
freight and cars. and of rules providingt