The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-28

said board and making it his duty to
present and prosecute before the
board all complaints made by any citi-
zens of the state; to defend all orders
| made by the board when taken to
otter courts, and to be its legal adj
visSr.
Creating a rate and tariff bureau in
connection with this board and re-
curing the railroad companies to keep
up-to-date and complete tariffs, show
ing all freight and passenger rates on
| file in this department and prohibit
| ing the changing of any rate without
/, first securing the consent of the board
of railroad commissioners
Requiring railroad companies to
pay consigneeS within 80 days for all
confscated or diverted coal or other
merchandise.
Requiring railroad companies to
| furnish, without discrimination, cars
to shippers and f1xingJa limit of three
d,ys in which to do so where ten or
| less number of cars were ordered by
one shipper, ten days in which to fur
nish 80 or more cars at one time to
one shipper and six days in which to
deliver any number between ten and
thirty cars.
Requiring the furnishing of suitable
| conveniences for travel in cabooSeS at
tached to stock trains.
Limiting the number of hours of
continuous labor of railroad employees
/
eight hours rest.
| Prohibiting railroad or express COM
panies or other common carriers from
handling c. o. D. shipments of intoxi-
eating liquors:
Fixing maximum rates for the trans
portation of crude oil and the products
thereof and providing heavy penalties
| fL~ the giving of any rebates or MAX
| ing any determinations;
Requiring railroads to provide ship
pers of live stock with free transporta-
| ton both to and returning from the
market to which the stock was shipped;
Regulating the weighing of coal in
CARROTS by railroad companies for the
protection of consignees receiving the
same;
The law placing the state charitable
| institutions under the board Of control
was also enacted by this legislature. 1t
provide for the removal of these In
situations from politics, placed the aD-
pointment and removal of employees of
| each institution in the hands of the
| superintendent instead of the board as
the system then existed and placed the
| employees under strict civil service
rules. Mr.. Schermerhorn was strong
1 advocate and supporter of this new law
and when subsequently made a member
of the board, did his full share during
his six years of service thereon, in see
| ing that the spirit as well as the letter
1
! To sum 1t all up we know of no man
in Kansas with a cleaner public record.
as thorough knowledge of the states
| business affairs or better general quail
fications for governor than z. B. Scher-
| merhorn.
The Kansas lawyers who helped in
| framing the WOrkingmen'S cOmpensa-
ton law passed by the legislature are
| anXfously awaiting copies of the deci-
sion IF he owl ~ &C. lie
which held that the compensation law
In that state was unconstitutional It
is not believed that the decision will
affect the Kansas law, but the lawyers
would like to know more about it.
New York and Kansas are the only
states which have compensation laws.
The two states are setting the pace in
this sort of legislation and as the laws
were radically different in almost
every respect it is not expected that
the Kansas law will be subject to the
same criticism as the New York
statute
The New York law provided that the
injured workman could collect from
the employer without regard to the
employers negligence. The courts held
that this would deprive the employer
of property without the equal protec-
ton of the courts, and that it would
remove the fellow servant rule and the
rule of contributory negligence in con-
compensation.
The Kansas law is different from
the New York law in this respect. The
law provides that where the injury
was proximately caused by the indi-
vidual negligence, either Of commits
lslon or omission of the employer or
any member of the firm, that the ex-
listing liability of the employer shall
not be affected by the act. The law
also provides that if the employer
elects to compensate workingmen un-
der the law and the employee does not
wish to come under 1t that in case a
suit is brought against the employer
for damages for injury on account of
lack of care of the employer the en-
ployer may make a defense that the
employee assumed the risk of injury,
that the injury was caused in whole
or in part for the want of due care on
the part of a fellow servant or that
the employee was guilty of contribu-
tory negligence and the courts must
hold the defense good
! The Kansas law also is not compu1-
sorry. The employers may or may not
come under it's provisions and after
coming under it they may change al
any time
The Kansas lawyers have asked fol-
copies of the New York court opinion
THEY do not believe it will affect the
| Kansas law in any way. but they want
to know about it. The Kansas law does
not become effective until Jan. 1, 1912
. so that there is plenty of time to study
the weak and strong points CT the law
1t is not considered likely that any
suit will be brought to test the law
until after the next session of the leg
islature as the law will have been in
force just one year then and if any
, weak spots are discovered the suits
would be held up awaiting amend
ments by the legislature.
FIRST CROP KILLER IS HERE.