The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-23
THEY SLASH IT.
Carver Bill Meets Fate in the
Senate.
Amendments for Which Rail-
roads COntended Are Made.
DEBATE is EXCITING.
Continues Until After 10 O'clock
at Night.
Vote on the Amendment Was Is
to II.
Two Sections Over Which the
Contest Came.
DEBATE IS EXCITING.
Vote on the Amendment Was IS
to II.

BY a vote Of 8 to + the senate. a
the session last night, voted to give ths
railroad commissioners the right t.
investigate rates apon complaint in
stead of upon their owa motion a.
provided for in the Carver house bill
The vote was taken, during the ses-
sion of the senate COMMITTEES of the
whole. on the amendment offered by
Senator F. Dumont Smith that section
II OF the senate bill be substituted fer
section of the house bill.
This amendment was offered by
Senator Smith at 2:3O o'clock Wednes-
day afternoon and it Immediately
started the oratorical fight over the
two railroad bills. The senate com
mittee of the whole had under con-
sideraton the house bill.
From 2:3O o'clock until 6 o'clock
the senators talked for and against
the two bills. During the afternoon
the galleries and the lobby were
crowded The senate resumed the
arguments at O'Clock Wednesday
night and after vote on this one
proposition which forecasted the out
come of the contest, the senate adj
Journed at 1915 o'clock until Thurs
day morning al $50 O'Clock when the
contest viii be resumed.
The sections over which the sena-
tors waged the contest were:
House bilI-"Sec. 9. 1t shall be the
duty of the commissioners carefully to
examine all schedules of rates. tariffs,
charges, and classifications, as well as
all rules and regulations, made and
published by the railroad companies OPP
Grating lines of road in this state, for
the purpose of being fully informed as
to their scope and nature; and If the
board shall at any time have reason to
believe that any tariffs rates, charges,
or elasslfications, or any rules or regu-
lattOns of any railroad company, as to
the handling of cars or the running of
TaaT ~.
or in any way vioIative 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
railroad company to the matter wherein
such violation may consist. and request
its correction. II such correction be
not made within ten days after such
railroad company has notice of such re-
quest, the board shall forthwith notify
Yuch 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 deter
mine the matters involved in such re-
quest and make all necessary orders
with reference thereto. the same as if
such hearing had been had upon a for
NAL complaint filed with the board.
Senate BILL section II: TT shall be
the duty of said board of railroad COM
nissioners. upon the complaint of any
person, firm. or corporation, or the
mayor of any city, setting forth that
the freight tariffs put into effect by
any railroad company, or any freight
charges or cIassificatiOns made by such
company, or any rules or regulations
as to the handling of cars. the running
of trains, or other matter concerning !
such company in the operation of its
road, are unreasonable. discrimina-
tive or otherwise viOlative of the laws
of Kansas or of the order of said
board, to make an immediate exami-
nation of such complaint, and forth
with notify the company complained
against of the filing thereof. If the
matters complained of are not rectified
within ten days after such complaint
was filed, the board shall set down the
complaint for hearing at a specified
time at the county seat where the COM
plainant lives. Before proceeding with
such hearing the board shall give to
the compliments and railroad COM
pany ten days notice in writing of the
time and place OF entering upon same.
Such compliant shall be heard in an
informal manner, without further
pleadings. and under such rules and /
regulations as the board may from
time to time provide in order to secure |
a speedy hearing and an equitable de-
termination of the questions involved. |
Counsel for the board of railroad
commissioners shah appear at such
hearing on behalf of the complafnants, !
and the complainant or compliments |
may, il they desire employ other /
counsel to assist in the preparation
L
such hearing it shall appear to said |
commissioners that the complaint is |
well founded, and that any material
matters alleged are true, they shall so |
adjudge, and shall then and there find |
and decide what are reasonable tariff |
charges, Considerations rules or regu- |
latfons respecting the matters involved. |
And whenever the board of railroad |
commissioners shall decide what is a /
reasonable charge for any freights. !
based on the classification existing at |
the time of such decision such CLASH /
ncauon ana all rates and classical /
tons now IN effect shall not be altered /
thereafter without the consent of the /
board, so as in effect to increase such
charge as to any class Of goods bI1t /
such decision as to what is a reason /
able charge shall be Interpreted ac- 1
cording to the classification e,1istir1e-
nen the decision was made"
senator Dumont Smith moved TO |
strike out section of the Carver house /
Smith senate bill.
Senator Smith said: This amen5-
ment brings before the senate commit
tee OF the whole the question between
these two bills. Sec 3 in the house bill
provides that the railroad commission
ers shall enforce acts Of congress- This
calls for the board to regulate inter-
state commerce. Section II of the SEN
ate bill provides that when a or0plaint
has been made, by even a. postal card
that the assistant attorney general shall
prosecute the complaint before the rail-
road commissioners, through the courts
and the complainant need not leave his
home but can send his deposition This
section provides that when the board
shah decide what is a just rate or class
ddcation they shall not be changed ex-
cept by the consent of the board Of rail-
way commissioners There has been a
cry for a maximum rate and here You
have IT in that bill It has been said
by writer's Of the press not representa-
tive of the Federation of Commercial
Interests, that this section is no strong
81 than the old law Of 1901. 7 almost