The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-18
Fear That Measure Will Not
Stand the Test.
QUESTION OFSALARIES
Senators Decided That $4,000
Attorney Isn't Needed.
Many Minor Objections Are Made
by Members.

After an allday session, the senate
took a vacation to look up rev con-
stitutional questions surrounding the
administration public utilities bill ana
il may be several days before Cover
nor Stubs is able to sign the nrst
PARTY pledge. Large slices OF the .
page bill are confronting the danger
sign and today the lawyer senators are
Offering guesses as to what the SUI
preme court would do with the bill in
its present form.
There were any number OF eHcep-
tons taken to the Quincy-Hodges-
Carey-Stavely ct al document and
some of these mild expressions aroused
the wrath of the timid hearted lnsur-
gents Whenever the radical stand
pats pointed to the alleged flaws IN
the bill, the administration wing
promptly lost its temper and talked
back. They stopped many of these
objects on a test of strength and the
Stubbs wagon was in better running
order than at any time this session.
When Stewart wanted $4,OOV at
torney for the board the admin1stra-
ton promptly stood up for economy
and declared that $500 was enough
pay for all legal advice required by
the commission. Even Price, OF the
standpats, offered to give his services
for $4,000, and he voted with the re-
formers for saving to the state treas
ury.
Then Stewart thought that good
rate expert was worth $4,000 year
if he was familiar with the game This
idea pleased Quincy and the standard
rate for an expert was raised.
Hunter believed that the latitude OF
the commission should not be limited
and he preferred a section Whlcn
would permit the board to employ ad-
ditional experts and accountants When
the utilities and common carriers
were not in pleasant frame Of mind.
He pointed to the fact that the com
mission could see the needs OF the Oh
flee better than the members OF the
legislature and he did not want the nd
clamped down, Hunter finally con
WINGED the senate that he was right
and his amendment went through by
vote of 10 to IS.
The Sedgwick county member found
an unconstitutional provision in Sec
ton %, and he promptly asked to
have the trouble removed. This sec
ton provided that the common car
riers should make detailed reports to
the board in the same manner as ut1l-
tiles. He pointed to the present rail-
road laws, which already prescribed
the duties of the railroads and the
senate promptly trimmed off the cor
ners OF the rabid section.
Brewster favored the complete an
Inhalation of Sec 25, as the quickest
and easiest way to remedy the trou- |
stumbling block and a litigation breed |
er, was unconstitutional and that the |
supreme court would throw the entire |
section out the window. Reed en- |
dorsed these remarks and added few |
opinions of his own. They did not |
tally with some opinions owned by |
Clad Hamilton and he declared that |
the section was water proof and would |
stand the careful scrutiny of any court |
All of the lawyer senators expressed |
constitutional opinions and this en- !
couraged many of the members who |
owned constitutional ideas which were |
not always upheld by the Kansas stat |
utes. Stannard declared that the sec !
ton, which regulated the increase of |
bond issues, would make the bonds |
more salable. and would protect baby |
Industries which were Just able to sit |
up and observe.
large amount of trouble was CEN
tering about this section and with |
each speech, the constitutional privi- |
leges of modest capital were less I'M
derstood. Stavely declared that the |
section was the core of the bill and |
bore equal Importance with the enact
ing clause. When this speech did not |
change the situation, Brewster drag
ged Fred S. Jackson, former attorney
general, into the discussion and quot
district. Brewster said the bill pre-
vented the issuance of stocks and |
bonds on landscape theories and that |
the measure should stand. After an
hours discussion. the section was
passed to general amendments
Reed wanted to inject a section |
which would allow companies doing
business under the terms of the bill to !
earn 10 per cent on their cash invest
meut. This section was killed with
little difficulty. Brady declared the
amendment was a daylight joker and
brewster said If the provision was al
lowed to stand that the Topeka street |
railway might charge 1 5 cents or even |
20 cents for fares before it could be |
governed under the provisions of the
act. He said that the president of the |
company recently declared that the |
company was not paying per cent
Glenn wanted to exempt the by
products shipped and owned by com |
mon carriers and utilities, but there
was nothing doing.
After the discussion had dragged |
throughout the entire day. the bill was
n1aced on the calendar as a special |
order for 1920 Tuesday morning. This
will give the lawyers a chance to look
I'D constitutional questions. Should |
the questionable provision be removed, |
trainers of the new bill declared that
its operation will be greatly impaired. |
At q night session, the senate pass |
ed about fifty local bills, which had