Barbour County Index

BROWN'S RAILROAD BILL

Representative W. F. Brown, of Pratt, is chairman of the committee on railroads in the lower house of the legislature and in that capacity is doing some very good work. If there is no effective railroad legislation at this session it will be no fault of his. He has recently framed an exceptionally good bill relative to this subject and it has passed from the committee room to the House for consideration. In an interview with a representative of the Topeka Advocate Mr. Brown spoke of the proposed law as follows:

"The bill will prohibit discrimination in all phases and forms. It will place the small shipper on a basis of equality with the large one. It will cut off the giving of rebates, and provides heavy penalties for giving them.

"It provides for the transfer of freight from one line to another; it prohibits discrimination in favor of the long haul as against the short haul; it prohibits pooling; it makes the rates fixed by the railroads themselves a just rate, and it also becomes the legal rate which must be given to all alike.

"This prohibits favoritism in the matter of localities and places all upon a basis of equality.

"This rate fixed by the railroads, however, must be within the rates which are fixed in the bill or such a rate as may hereafter be fixed by the Board of Commissioners.

"The bill also provides for joint rates and gives any person the right to swear out a writ of mandamus to compel the roads to give such joint rates; also for continuous carriage; provides for damages under certain conditions and for the recovery of damages; makes every railway official responsible under certain conditions for the carrying out of the provisions of the bill. It also provides for a classification of the roads. They are placed in three classes, according to their gross receipts per mile.

"The roads earning $4,000 per mile or over are in the first class.

"Class B includes all roads whose earnings shall be $3,000 or less than $4,000.

Class C includes all railroads whose gross earnings are less than $3,000 per mile.

"The reports from companies under the bill, if it is enforced, will be very complete. One of the strongest features of this is that the findings of the Commissioners shall be prima facie evidence of their justness. This throws the burden of proof upon the complainant. The people on the one side and the railroads on the other.

"The bill will provide for a schedule of rates, which shall be a basis from which the Commissioners must work; but the bill provides that the tariff of rates established in the schedule, set the basis on which to compare the compensation for the transportation of merchandise, freight, goods or property over any line of road in this state, unless the same shall be found to be unreasonable or unjust, excessive or too low, and shall go into effect and be in force on the 1st day of July, 1897.

"The bill, in addition to the schedule of rates will also fix classifications, but the classifications will be the same as are now used by the roads themselves; and this classification will be subject to the same changes and modifications as the schedule of rates. The bill also provides for joint through rates, and it also provides that the Board of Railroad Commissioners can order the Attorney General to bring suit in the Federal courts in the name of the State of Kansas, to compel the Interstate Commerce Commission to fix reasonable interstate rates. This is one of the most important provisions in the entire act.

"The schedule of rates will show a reduction of about 20 per cent. as compared with the present rates, but they are still from 10 to 15 per cent. higher than are the rates in effect in Iowa."