The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-28

u Id u HA44LA LII l1J1I kAlHG WIS Gull
sumed, the defendant railroad COM
panies. at the close Of the first days
trial made a written offer of compro-
mise to the wholesale grocery companies
prosecuting the suit, whereby they Of
fered to put in certain rates without
further litigation. This offer was made
by Mr.. KoOntz of the Santa Fe. But
after the same was carefully checked
over by the wholesale grocers, in room
in the Copeland hotel the offer was re-
jected as entirely unsatisfactory for the
reason that the rates offered failed to
grocers, leaving them practically in the
same condition they were in before the
institution Of the suit before the board
This offer of compromise was never in
troduced in evidence and yet it later be-
came the order OF the board almost
word for word and figure for figure.
In the trial of these cases a great
many tables of comparison were intro
duced to show the excessive and extOr-
tionate rates charged by the transpor-
tation companies of Kansas. These ta-
bles were not read at the time they
were introduced. only few COMPARE
sons being given to the board; and, in
order for the board to have fully under
stood the testimony, it was certainly
necessary for it to make q thorugh
study of these tables or comparison, in
order to determine how much of a re-
duction to make in each case; but, as
before stated, the board gave practical
" no time whatever to the study of the
testimony in any Of these cases
Now, the question is: How long will
the people Of his state permit such
condition to exist in one of the great
departments Of state? The board OF
railroad commissioners have no more
right to absent themselves continually
from the state capitol, giving only one
dav out of each week to the state, than
the supreme court of Kansas would
have to do the same thing, or the judges
of the district courts in their respective
distr4~ is to open court and then adjourn
without cause refusing to dispose or
the business of the court
Makes Serious Charges.
The present board of railraod COM
,,,issioners have done many things,
vilfuIly to prevent Investigations belng
made into freight charges Ihey nave
assumed that no power IS vested N
them to make any 1nVestlgauoh. WIsle-
ever. unless a formal complaint mas
been fled before the board; and IN
fhe cases commenced by the attor-
ney for the board, for the purpose OF
bringing about a general reducllon III
rates in the state. the board OF com
rnissioners have persistently refused to
allow any portion of the contingent
FIND of $4,000 to be used in the
preparation of same for trial befofe
said board and have done everything
in their power to prevent an an nus
like a thorough preparation OF such
cases for trial.
Thev passed an order and served
same upon the attorney of the board,
informing him that no bills should be
contracted upon the contingent fund
without first obtaining the order OF the
Thev held UP bills for notary and
stenographic service in the taking OF
dispositions in the coal case tor several
taking of dispositions in hearings be-
fore the board.
They have persistently refused to
permit the attorney for the board TO
use his own judgment in the procure
ment of testimony in the taking OF
dispositions; and. as above stated, they
entered an order Of record that no
bills would be allowed, of any kind or
character, unless the expense was first
ordered by the board.
All of these things have been done
by the board notwithstanding the fact
that the railroad companies have or
ganized traffic and legal departments
and unlimited means with which to
make defenses in the cases commenced
by the attorney for the board
There never has been any reason
for any friction or conflict between
the board of railroad commissioners
and the attorney for the board They
have each taken an oath to faithfully
discharge the duties of their respee-
tive offices and the purpose and object
of SUCH offices is precisely the same.
In concIusion=it is apparent that
the members of the board of railroad
commissioners have shown little or
no interest in their duty of investi-
eating and regulating the railroads of
the state. It goes without saying that
the legislature did not intend that the
members of the board should receive
a salary of twenty-five hundred dollars
per annum and perform substantially
no service in exchange for that salary.
It did intend that the board of rail-
road commissioners and its employees
should be active in behalf of the peo-
pie of this state.
Wheatley a Railroad Candidate.
The Republican party can not afford
to stand for such do-nOthing policy
upon the part of the board. Two of
the members of the board are not
candidates for denomination. but one
of the members, Mr.. G.. w. Wheatley
is a candidate for denomination and
is being supported by the railroads of
this state. His conduct as a member
Of the board has been entirely salts
factory to the railroads. They are
now, by their active interest in the
Republican politics of this state, seek
ing to repay him for some of the IA
vors they have received at his hands
1t was Mr.. WheatIey who inserted
the state of Colorado into the report Of
the Stone resolution It was Mr. Wheat
ley who prevented and is preventing the
use of the contingent fund furnished
Dy the state for the purpose of forward
ing the business Of the people before the
board of railroad commissioners It
was apparently because Of Mr.. Wheat
ley's candidacy and in order to give him
full opportunity to secure a renomina-
ton that the implement case was con-
tinued for trial until after the state
convention, not only giving herailroads
an opportunity to collect the excessive
rates upon Implements in this state for
a longer period of time. but also con
tinuing the case until after the imple-
ment shipments into the state for this
season have practically all been made.
The machine politicians of the state
are actively supporting Mr.. Wheatley
and have formed an alliance with the
railroad eOrnDanfes for the u11rnOee cf