Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1911-01-06
WOULD HAVE R. r.. BOARD Ap.
- sPGsNTED.
ARate Clerk is Needed. .


After serving four years as, chairman
Of the state board OF railroad commis7
SlOners, George W. Kanaval, who re-
tires from the board next Monday, be-
heved he is qualified to- suggest to the
legislature some changes needed in the
laws relating to tn" board and to the
railroads. He has made close study
of the application OF the raHroad'law and
the relief which should come to fhe peo-
pie under thefh. Mr.. KanaVaP yester-
day prepared 3 list of suggstiops to che
legislature in Which he says o
On account Of other duties Of the see
retary Of the board he should not be re-
quired to handle the rate department;
and the0legiSlature should make a suffia
cent appropriation to enable, the employ
ment Of a qualified man for the perform
ance OF this duty. The legislature should
also make appropriation for, the regular
JempiO .jment ot an engineer. My experz
ience hss been that the services Of a COM
petent engineer are very valuable to the
board in the matter Ofotrack, bridge and
crossing inspection. @
9 oBhe railroad commissioner law should
be amended providing for the appoint
ment o. the memBersaof the board by the
governor and the appointment by the
board o. its own attorney The consti7
nationality of the present railroad COM
missioner law has been declared by the
Z courts; and til legislature should guard
zealously this advantage to the Kansas
shippers, and any public utility legkla-
ton should be amendatOEy to the present
law, rather than a repeal thereof. The
board should be given jurisdiction toreg-
ulate the service and tolls Of telegraph
companies and such telephone companies
rs operate in more than one county and
OF all electric lines deing an ipterurban
business not within the Jurisdiction Of
city authorities. o
The law should bafurther amended so
that appeals from an order Of the'nboard
can only be taken to the supreme court
of the state OF Kansas; except in such
cases as involve federal question, when
appeals may be taken to the, federal
0 courts. Under the present practice ap-
pealS' from the orders OF the board may
be. taken to- the district ceurt and the
board has but little more legal dignity
than that Of a .stice Of the peace %
sat the present time there are many
, cities in Kansas not located on the dine
Of any RAILROAD. Bha free time for the
delivery of shipments to consignees 10
4 lted in such towns should be extended
to an additional twenty-four hours.
Under the present law the storage charges
begin to run as to such consignees within
the same length OF time as though con-
signee' lived in a town to Which the rail-
roads make delivery, Of freight.
In my opinion the idea advanced by
. Senator Curtis in regard to the creation
OF court Of claims is a goodPoneo and
should be- considered by the legislature.
Under the law the board Of railroad oeom-
mEsioners cannot be- vested with both
Legislative and judicial functions and the
adiudicating Of claims requires the exer-
eise OF Judicial powers not possible to be
conferred directly upon the board. ]
would haveit possible for the legislature
o to create a court Of claims whose duty it
would be to adjudicate all claims arising
shipments of-freight, express or bag
gage The personnel Of said court to be
constituted Of the members Of the board
OF railroad commissioners acting ex-6ffi-
cio, and witt no relation to- their official
duries as members Of said railroad COM
mission; and the rate clerk Of said board
should be constituted the secretary OF
the court Of claims. 60
In my opinion, if physical valuation
is to be attempted by the Kansas rail-
road companies, the legislature, should
make sufficient provision for othe doinp
'Of, the work in most thorough manner
As any other procedure would render the
result of doubtful value so far as their
showing in the courts is concerned. The
experience Of other states has been, and
the decision Of the supreme court OF
the United States points out. that the
present physical f-aluation Of the rail
road properties is but one Of the elements
to be considered in the fxi6go Of rates,
and that coordinate with and q equal
importance is the original cost OF con-
structiOn and the value OF the property
as a going cOncerR taking into consider,
. alton its, stocks, bonds, the Commercial
advantages OF its location and tlfeogood-
Oil Of its patrons, the building up ool
which costs theocompanieS considerable
money. In this connection will say. thai
in my opinion, one OF the principal ad-
vantageS to be derived from physical val
uatiOn i that Of comparison with val
'uatiOn in other States yhere lower rates
may be in force, and to make such. val
uatiOn o. railroads in this regard, uni.
fOrmity OF procedure is Necessary. TEe
valuation Of railroads which have up tc
date been made byoth various states
have not been conducted along uniform
lines and their issues FER competitive Dur.
poses are thereby rendered to consider.
able extent valueleSs. 70
''lf it were possible to do so. | woulG
think, it advisable to secure from thr
interstate commerce commission mod,
OF procedure for physical valuation o
Kansas properties in order that the Kan
saS valuation might at least be conducted
along the same lines as that established
by the federal government in the valuin,
OforailrOad properties as whole"
Cheney.
The funeral of Mrs JoSanb;ro ,Cbo