The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-24
Senator Noftzger Says Railroads
Must Stop 1t.
PUT ON SIDE TRACK.
Says He Listened to Song of
Siren Two Years Ago.
Proposed to Change Railroad
Commission Measure.

who are freezing to death Tor lack VI
fuel If the man who purchases fuel that
has been confiscated by the railroads
is paid double its market value. What
the people who are freezing to death
want and need is coal and not double
it's value in money, and this bill at
tempts to directly allow the confiscatton
of coal and anything else by the rail-
roads,"
This was the forcib1e characterization
given by Senator Tom Noftzger before
the senate railroad committee of Sena-
tor F. Dumont Smiths bill providing
that when a railroad company confis-
Gates coal or other merchandise. 1T shall
pay the consignee double the market
value, and after the bill had been dis
cyssed pro and con for time 1t was
laid overSunttI Senator Smith could APP
pear before the committee and point
out any good features that the meas
ure might have.
Senator Noftzger was before the COM
mittee in the interests of two measures
he has introduced but when the con-
fscation bill came up he asked leave
''stung'' a couple of years ago on this
proposition. That is he said he listen
ed to some advice and his bill as passed
was practically worthless. He has
grown a little wiser during the two
years that had elapsed.
"A railroad has no more right to take
a mans coal,' he said, than it has tG
take a mans wife. If this bill will do
anything it will simply allow the rail-
roads to confiscate coal and anything
else they desire to, merely by paying
double its market value A law ought
to be passed fixing Jail penalty for
any railroad agent who conf1scates coai
or anything else" vs7g1s =
Paul Walker, of the legal depart
ment of the Chicago, Rock Island & Pa
cif1c; Joseph H. Richards of the Mis-
Pacific, and N. H. Loonis of the
Union Pacific were present at the meet
ing. They did not seem to have any
considera BILE objection to the bill, but
when Senator Noftzger asked Nh
Loomis if he understood that the rail-
roads favored the measure Mr. Looms
I'VE don't want to go on record as
consenting to it,
Present at the meeting with a ma
jority of the committee members and
the railroad attorneys was George
Kanavei one of the new railroad COM
missioners 1t was quite an, unusual
sight to see Kansas railroad COM
missioner trying to get some Informal
ton which will be of use to him in
considering cases that may come before
him. -~- $3.50 - SD 5a1I- '19a''4as- ~
Another import ant measure taken up
was the bill of Senator Smith amend
ing the portion of the present railroad
law which gives the board of railroad
commissioners the, power to fix freight
rates. Although Senator Smith was
tions about the bill are we'll known. He
insists that the present law gives the
board of railroad commissioners legfs-
lative and judicial powers and that if
the railroads attacked the law in the
courts it would be declared unconsti~I-
tional because of this dual power vesr-
ed in the board. He claims that his bill
amends the law and strengthens it by
stripping the judicial powers from the
board.
Most careful consideration was given
to the bill by the members of the COM
mittee and the railroad attorneys pres
ent had suggestion every once in q
while for a change in phraseology, but
none of their suggestions were really
material They seemed to be satisfied
with the measure as 1t had been pre-
scented by Senator Smith. They said il
would do what Senator Smith claims it
will. Now a couple of the members of
the railroad committee, who are not
lawyers, are a bit skeptical about the
bill and are. inclined to think that it
may be found to do more than it does
on it's face, but most careful consider
alton was given the measure and it
seemed to be the prevailing opinion
that the measure was a needed one, al
though the committee did not take final
action on it last night
1T seems peculiar to me- to say the
least" said one of the members of the
committee after the meeting was over,
Ito see the representatives of railroads
agreeing to any sort of a proposition to
strengthen the hands of the board %
railroad commissioners in the matter
of giving them power to fix freighN
rates"
Senator Noftzger's bill compels all
railroads to bill all freight intended for
Kansas direct to its point in Kansas
instead of being billed to Kansas City |
Mo. This bill would compel the big
railroads to establish adequate terminal |
facilities in Kansas City, Kan, and the |
contention on wheat and cattle Ship
ments for Kansas City, Kan. which are |
billed to Kansas City. Mo, that they
are interstate commerce will be done
away with and the state board of rail-
road commissioners viii have control |
over all rates from all points in Kansas |
to the Kansas City. Kan. where the
actual unloading of most of the, grain |
and cattle is done. A penalty of Jail |
imprisonment is provided for any rail-
road agent who refuses to comply with |
the billing demanded by the measure. |
The railroad attorneys did not seem to |
have much objection to this bill Mr. |
LOOMS thought that the Jail penalty |
was a little severe because it might |
work hardship some agent that |
did not work He and the other law.
yers thought that the measure was n /
trifie indefinite when it came todescrib; |
what was meant by terminal facilities /
They insisted that the, roads they rep.
resented already had terminal facili- |
ties in Kansas City. Kan. or near there !
on the Kansas side. Senator fC5ettvs
who comes from that bailiwick. dis |
agreed with them, and insisted that /
shippers were compelled to bill thei. |
stuff to Kansas City, Mo, when it was |
actually unloaded on the Kansas side |
of the line. 1t was decided to Law this
bin over for future consideration.
The other bill of Senator Noftzrer
which was taken up, prohibits railroads |
from making any special contracts /
with any one on either freight or pas
This hill fS ;s,ts -.