The Goodland republic., 1907-02-01

NEW BILL aroDIFIEs PRESENT
Law.
Takes Away Judicial Functions and
Yet Is Supposed to Strengthen
Old Law.

The Topeka Journal and the Tope-
ka Capital are watching the doings OF
the Kansas legislature with much in
terest, more especially the proposed
legislation touching anti-pass and
railroad regulation measures. These
papers, rejecting the anxiety OF the
people generally for effective and hon
est. laws over great corporations view
with some suspicion any attempt TO
tamper with the present railroad law
in Kansas. The Topeka Journals ar
ticle on the proposed amendment to
the Kansas railroad laws, fathered by
F. Dumont Smith, who, Il appears IS
friendly TO the railroads, is as follows:
That biu OF Senator F. Dumont
Smith which Is considered to be
among the most important pieces OF
railroad legislation which has been
presented to the legislature, was re-
ported favOrably to the senate today
by the committee on railroads,
through its chairman, Senator George
Tucker.
It is the contention Of Senator Smith
and also OF the attorneys representing
the railroads companies that this bill
II it becomes a law, viii strengthen the
present provisions Of the railroad law
relating to the power OF the board Of
reasonable freight rates.
A good many senators think it is a
rather unusual condition OF affairs
when attorneys representing railroads
appear before a senate committee and
say that their companies are favor
able to any sort OF a proposition to
strengthen the railroad law concern
ing the power Of the board Of railroad
commissioners to fix freight rates But
this is just what they have done.
Two years ago these same railroad at
tOrneys fought with tooth and nail the
original proposition to give the rail-
road commissioners power to fix rates
Now they are supporting measure
which purpOrts to strengthen the law
in this very particular.
According to Senator Smith, the au-
thor Of the bill, or rather its father in
the legislature, the present law gives
the railroad commissioners both leg
islative and judicial powers in fixing
rates. He says that II the railroads
should test the consttutiOnality Of the
present law the courts WOlId declare
it unconstitutional because the legis-
lature had no right to invest both
legislative and judicial powers in the
hands Of the railroad commissioners,
Now the present railroad law in this
rate fixing particular has been on the
statute books for two years and the
railroads have not attacked its con-
stitutfOnality in the courts Of this
state. A suit was broght by the
railroads in the federal courts to try
and knock out the whole railroad law
in Kansas. This suit was Withdrawn.
Perhaps the railroads did not at
tack the constitutionality OF the law
because Of the old railroad commiss-
toner's never made an effort to use
their prerOgative to TX reasonable
rates.
Unconstitutional or not, and the
matter has certainly not been decided
by the courts, it seems strange that
with a new railroad commission,
which has the earmarks Of a desire to
do something in the matter OF fixing
| Just and reasonable rates, the railroad
attorneys should agree, with almost q
thankful attitude, to a measure which
will give the commissioners more pow
er in this matter than they now have
Senator Smiths bill seems to strip
| the commissioners Of their judicial
powers and leave them the legislative
power to fix rates A majority Of the
members Of the senate railroad com
mittee believed that this was what the
/ bill actually did and reported 1t favor
ably with certain amendments chang
| ing the phraseOIogy Of some sentences
in the bill but not making any ma
| teria1 changes.
1t is the opinion Of number Of
senators that the bill does something
that is not exposed on its face and it
will be most carefully scrudnized be-
/ fore it is passed finally.