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THE ADVOCATE AND KiSWS. DECEMBER 23, Governor Leedy's flessaje. . Governor Lecdy's message to the epe clal session of the legislature was read at 5 o'clock Wednesday afternoon. It la in full as follows: To the Senate and House of Represen tatlves: Although the present executive and : majority of each house of the present legislature were elected under a pledge to the people to enact a maximum rate law. when the time arrived for tne im filling of that pledge Uie menace of a judicial decision, by the higneBt triDu nal in the land, which would make legls latlve regulation of railroad chargss practically impossible, caused many to doubt the wisdom of attempting tho promised legislation; and sucn umer , ence of ODinlon nrevalled that the exec utlve felt called upon to withhold his approval from the compromise measure finally passed. TFere was then pending undetermined In the Supreme court of tho United States a case which Involved the ques tion whether, as to railroad legislation, 'the legislatures of theoretically sover eign States should be reduced to the level of city councils or school district boards upon the reasonablness, as well as the authority, of whose acts courts may sit In Judgment. The decision of that case, announced soon after the adjournment of the legislature, fully Justified the fears and anticipations of those who deemed It futile to pass a maximum rate bill; for It rendered such an enactment a mere proposal of legislation, not a law. which must be submitted to the Federal court for approval or rejection. That decision declared that whether the rates of transportation prescribed by a legis lature are reasonable Is a Judicial ques tion, and that first a single Federal Judge, and finally, five Federal Justices may, upon that question, reverse and hold null the deliberate Judgment of the entire legislature, with its numerous membership, acting under the same oath as the Judges and calmly deliberating for days In separate chambers; that the courts may sit in Judgment, not merely upon the constitutional power of the leg islature to legislate concerning the par ticular subject matter, but upon the rea sonableness of Its acts the power to act being conceded. Maximum lUt Lhw IiitoKlhl. At the same time the court declined i though urged, to lay down any definite ! rule by which, In advance of Its judg i ment In each particular case, a legisla ture might be able to say whether sug ; gssted rates would be held reasonable or not; so that whether rates are reason able can be determined only by a stan dard which must remain unknown to every human being but the Justices of , that court, save as they may vouchsafe ) to reveal It anew as each successive law ) cornea before them to be destroyed. It I. follows that you can only suggest mln ' imum rates; you cannot prescribe them, f You can submit for approval a maximum rate proposition; you cannot enact a , maximum rate law. However, while the people of Kansas have for years been demanding a max i imum rate law, the real essence of their demand has been the regulation of rail road charges; and although we have been deprived of our power to redeem our pledge according to Its very letter, it is still our duty to do what we can to redeem it according to its spirit; and that this may be done, I have exercised the power given me by the constitution . to convene you in special session. If the reasonableness be a Judicial, not ' i a legislative, question, may not courts i determine it upon the application of the T people as well as upon the application ''.of railroad companies? If a railroad " company may challenge in a court of equity an entire schedule of rates pre j scribed by the legislature, may not the , State challenge in a court of equity an entire schedule of rates prescribed by a i railroad company? And if, as held in the decision of the Nebraska case, on the decision of a motion to modify the t decrees, the court may, In a case brought by the railroads, so mold its decree as to permit some rates and forbid others, V can It not do the same in a case brought by the people? And may not a State court exercise the same kind of judicial ' power exercised by the Federal courts? I Duty of LpRUUture. I The law always has been that rail road companies and other common car riers were bound to serve all persons ! alike for a reasonable compensation. No legislature has ever conferred upon them j tho right to make schedules of rates to ;,; be charged for the transportation of per ! sons and property which should be evl- dence of what are reasonable rates, yet it has been so Ion; the practice of all railroad companies to fix their own schedules and classifications, and to ex act from shippers written acceptance or prepayment of their charges, that it has come to be generally believed that they have the right to do so. It is clearly tho duty of the legislature to provide for the determination by public authority of what are proper classifications of freight and what are reasonable charges for its transportation from place to place. It is said in cases decided in the Federal courts that the question as to whether an existing rate is reasonable Is a judicial question, and that the ques tlon as to what rate shall be collectible in the future is a legislative question I therefore recommend that the legis lature confer upon the board of railroad commissioners the judicial power to try, hear and determine all questions as to the reasonableness and unreasonable ness of every charge made by a railroad company for services rendered wholly within this State in the transportation of property; that they bo authorized to try, determine, and enter Judgment declar ing what are at the time of rendering their decision reasonable charges for the transportation of property between dif ferent points over each and all of the railroad lines of this State; and, also, what are reasonable charges for switch ing, demurrage and all other charges Imposed by them from the time of the reception of each and every kind and class of freight to Its delivery to the consignee, and that they be authorized either at stated times or on. the com plaint of any person, corporation, mu nicipality to hear, try, and determine any complaint made against the rea- sonablenesss of any charges then being collected for any service; and that they also be given power in like manner to establish full and complete classifica tions of freight to be used in the deter mination of all questions affected there by; that the legislature declare that the rates and charges so determined by them to be reasonable shall be the rate to be thereafter charged by the railroad com panies, and the only rate which they shall be authorized to demand or re ceive until such time as the board upon a like hearing shall determine that the existing rate is unreasonable and that another and different rate Is the rea sonable and proper one for the service. Until the board shall determine what is a reasonable rate It would seem to me reasonable that the rates now charged by the several railroad companies should be declared to be the highest rates which they are authorized to demand. After the board shall have prepared schedules of rates adjudged to be reasonable all rate sheets and schedules of charges and classifications prepared or used by the railroad companies covering their charges between points within this State Bhould b declared utterly void and not receivable in evidence for any pur pose in any court of this State, but the last schedules determined to be reason able ones by the board of railroad com missioners shall be the evidence and only evidence as to what are reason able charges. Railroad companies should be prohibited from demanding freight charges in advance or that hav ing no marketable value at the point of delivery. All written contracts should be prohibited. I have merely indicated in very gen eral terms the lines on which it would seem the legislature must proceed in order that a Just and reasonable rate may be established by public authority and the power effectually taken from the railroad companies to levy and collect as the now do all that the traffic will bear without reference to its reason ableness or unreasonableness. The com missioners should be given abundant power to carry their judgment Into ex ecution and to see that the law which prohibits the companies from taking more than the reasonable rate deter mined by them is enforced, and to this end the legislature should provide an attorney for the board whose special duty it shall be to appear whenever nec essary and protect the interests of the State in the enforcement of the law. If the railroad companies persist in ex acting greater rates than those deter mined by the board to be reasonable all persons injured should have the right to recover their damages, with reason able attorney's fees, in any court of com petent jurisdiction. To be efficient the law must strengthen the hands of the people Interested so that they shall not be wholly dependent on the action of public authorities for the enforcement of the law. ' To Limit Mortgage IadobtedneM. A law should also be passed limiting the amount of mortgage indebtedness that may be placed upon a railroad. As the matter stands now they are free to place mortgage bonds upon their prop erty without regard to Its cost The only difference that I see between a bond Is sued by the State and a railroad bond Is that the money to pay the State bond Is collected by taxation, while the money to pay the railroad bond is levied by the company upon the productions of tho country. The people must as surely pay the one as the other. , Therefore, they have a right to protect' themselves with a law that will limit such indebtedness to the actual cost of the road either by purchase or construction. Kmiimhh at the Oiiiuhtt Exposition. Two years ago a bill was introduced in the legislature to provide for the ex pense of having Kansas represented at the Omaha exposition. Owing to the fact that the holding of this exposition was not yet assured the legislature did not make any provision for its represen tation. Afterwards, when It became ap parent that the exposition would become a great national affair, the State Doard of Agriculture passed unanimous resolu tions asking that Kansas be represented. The mayors and councils and many com mercial bodies in the State also asked that steps should be taken to the end that Kansas might be properly repre sented. As ready money was essential to the success of the project I asked the railroad companies of the State to guar antee $15,000 of such fund. Some of the roads did not respond, but the Atchison, Topeka & Santa Fe gave $6,049.40; the Missouri Pacific gave $4,843.50; the Chi cago, Rock Island & Pacific gave $3,000; the St Louis & San Francisco gave $650, making a total of $14,542.90 contributed by the railroads of Kansas. A number of counties in the State an a good many citizens contributed also, making the to tal amount contributed $31,073.90. Of this sum the commission has on hand $3,436.57, out of which expenses estimat ed at $1,000 must be paid, which would leave a balance on hand of about $2,500. As this exposition was of great bene fit to all the people of the State, and as the railroads not contributing were bene fited as much as those who did, I deem it just that the legislature should reim burse all corporations, counties and per sons contributing to this fund, so that the expense may fall equitably upon all classes benefited, and I recommend that the legislature reimburse to the parties so contributing all sums of money so paid. JOHN W. LEEDY, Governor. Topeka, Kans., December 21, 189S. Senate Committees and Officers. At the convening of the snecial session Lieutenant Governor Harvey announced the committees of the senate as follows: Judiciarv Crossan. Farrelly. Camo- bell, Stone, Ryan, Shaffer, Hessin, Cole man, Lamb. Ways and Means Forney, King, Shel don. Field, Lewelllng, Prltchard, Hanua, Stocks, Anderson. . Elections Young, Benson, Cooke, Coleman, Fulton. Federal Relations Shaffer, Helmlck, Sheldon, Morrow, Battey. Railroads King, Lewelllng, House holder, Jumper, Stone, Helmlck, Farrel ly, Johnson, Battey. Assessment and Taxation Benson, Braddock, Caldwell, Matthews, Ward. Fees, Salaries and Mileage Jumper, Armstrong, Hart, Matthews, Andrews. Municipal Indebtedness Lewelllng, Prltchard, Armstrong, Ryan, Shaffer, Fulton, Lupfer. Corporations Campbell, Benson, Ti tus, Lamb, Ward. Agriculture and Irrigation Stone, Hanna, King, Cooke, Helm, Jumper, Braddock, Morrow, Fulton. Manufactories and Industrial Pursuits Braddock, Crossan, Forney, Hessin, Johnson. Banks and Insurance Farrelly, Camp bell, Zlmmer, Johnson, Battey. Penal Institutions Armstrong, Stone, Helm, Reser, Battey. Charitable Institutions Householder, Caldwell, Campbell, Anderson, Johnson. Mines and Mining Ryan, Jumper, Householder, Matthews, Fulton. State Affairs Helm, Lewelllng, Zlm mer, Battey, Fulton. County Seats and Lines Hart, Lupfer, Cooke, Hessin, Morrow. Public Health Reser, Crossan, Hart, Matthews, Hessin. Roads and Bridges Caldwell, Prltch ard, Helmick, Matthews. Ward. Military Affairs and Claims Helmlck, Hart, Titus, Anderson, Andrews. Temperance Lamb, Forney, Sheldon, Hanna, Coleman. Printing Cooke, Young, Stocks, Cros san, Morrow. Public Buildings Prltchard, Arm strong, Helmick, Anderson, Morrow. Cities of Second and Third Class Sheldon, Reser, Titus, Johnson, Stocks. Education and Eeducational Institu tions Titus, Lupfer, Hart, Ryan, Ben- son, Young, Coleman, Lamb, Andrews, Cities of the First Class Zlmmer, Lewelllng, Shaffer, Field, Stone, Ander son, Hessin. Enrolled Bills-Field, Farrelly, Cald well, Coleman, Anderson. District Apportionment Lupfer.Helm, Ryan, Zlmmer, Braddock.Young, Stocks, Ward, Andrews. Engrossed Bills-Hanna, Pritchard, Reser, Ward, Lamb. These committees will continue during the regular session. The senate officers are as follows: Secretary M. Watson, Hutchinson. Assistant Secretary A. A. George, Cherryvale. Sergeant-at-arms -Solon Gray, Lyons. First Assistant-A. II. Grief, Jewell City. Second Assistant- S. V. Chase, Win field. Docket Clerk V. W. Moore, Independ ence. Assistant Nellie Forney, Belle Plain. Journal Clerk L. L. Porter, Ottawa. Assistant H. B. Wallace, Sallna. Assistant P. P. Mercer, Osage. Reading Clerk L. A. Henshaw, Paola. Doorkeeper R. C. WIddecombe, Kan sas City. Assistant Doorkeepers T. H. Galla gher, Sprlngvale; David Ollphant, Par sons; G. W. Finch, Harper; W. L. Shaf fer, Fort Scott; N. B. Crawford, Howard. ' Postmaster W. P. Webb, Larned. Assistant Postmaster J. P. Esterly. Document Clerk W. H. Hlles, Norton. Night Watchman S. V. Fulton, Rus sell. Chaplain W. K. Loofburrow, Atwood. Guard Cloak Room F. G. Ryan, Clay Center. Assistant Henry Harvey, Cherokee. Janitors H. H. Bolson, Harris; James Mitchell and Peter Rucker, Topeka. Pages Tommy Martin, Topeka; Chas. Grigsby, Clay Center; Harvey La France, Kansas City; James A. Lupfer, Larned; Leon Stipp, Ottawa. Page for Lieutenant Governor Sam uel Bond, Shawnee county. House Committees and Officers. The committees for the house at the special session will remain as at the last session. The officers chosen are as follows: Assistant Clerk Hal M. Stuart. Journal Clerk L. J. Riley. Assistant Journal Clerics E. H. Ben son, Elsie Walthol, Rose Adington and Jessie Anderson. Printing Clerk Alice C. Gregg. Bookkeeper Chas. Hoffman. Copy Clerk W. H. Grow. Docket Clerk S. B. Wood. Assistant Docket Clerk L. Riddle. Sergeant-at-arms J. M. Dunsmore. Assistant Sergeants-at-arms Leroy Dick, S. O. Everly, A. G. Randolph, Ed Leslie, and J. O. Jensik. Doorkeeper W. E. Pettingell. Assistant Doorkeepers Perry Miller and Jake Harmon. Postmaster I. N. Wood. Assistant Postmaster J. O. Johnson. Pages Roy Vaughn, Dan Leahy, Lon Griley, Frank Pennyworth, Evan McCarthy. Janitors Isaac Jones, Asy Bradshaw, R. Rechie, Geo. Jackson, P. Russell, W. F. Daniels, Geo. Collins, James Balless. The Farmer His Own Veterinarian. Dr. Stalker, for bo many years at the head of Iowa's State Veterinary college. Is to be at ToDeka January 12th and talk to the State Board of Agriculture upon "The Farmer His Own veterinarian. Few men in America or Great Britain stand higher In his profession than Dr. Stalker. Sunshine comes, no matter how dark the clouds are, when the woman who is borne down by woman s troubles turns in Dr. Pierre's Favorite Prescription. If her life is made gloomy by the chronic weaknesses, delicate derangements, ana nainful disorders that afflict her sex. thv ar rnmnletelv cured. If she's over worked, nervous, or "run-down," she has new life and strength. "Favorite Pre print inn" la a Dowerful. lnvieoratlng tonic, and a soothing, strengthening nervine, purely vegetable, perfectly harmless. It regulates and promotes all the proper functions of womanhood, im proves digestion, enriches the blood, dis pels aches and pains, brings refreshing sleep, and restores health and vigor. The Topeka Commercial Club is mak ing an effort to get the Missouri Pacific to build a new depot at that city. - i. 1.