power to adjust fares and freights within the state of Kansas as they may deem just, and not exceeding the maximum rate, and that their powers shall be made definite and certain, but subject to appeal to the supreme court of the state. In doing this I think the legisla ture should not proceed in any spirit of retaliation or revenge for the misdeeds of the corporations in the past, but they should make their purpose clear to these corporations, that, in the future, the interests of the citizens of this state are to be taken into account, as well as the welfare of the corporations, and that profits in good times and losses in bad ones are to be equally shared between them. If the corporations will accept such just and fair regulations, subject to review by the supreme court of the state, well and good; but if in the future, as in the past, they flock under the protecting wing of the federal courts, where justice to the people seems not only blind as it should be, but deaf and dumb also, then I advise the people of the state of Kansas to seek for justice out of court. In doing so, I can only point to one route by which it can be obtained, and that is for the states west of the Mississippi river to build a road of their own to tide-water by the shortest and most direct route, which will put them in a position to command the situation without getting into any complication with the railroad companies or with the federal courts. We have at Galveston, now, a harbor that can be entered safely by the largest ships. The federal government has expended $6,000,000 in creating an outlet in Galveston bay and providing a safe harbor for a terminal point. In order to get to this harbor, there are no mountains to tunnel and no large rivers to cross and no engineering difficulties in the way. It is practically a plain, upon which a road can not only be built but can be operated as cheaply as anywhere in the world. At the present value of labor and material, a road can be built for from $8,000 to $10,000 a mile, and it would be as unjust to the people of this generation to ask them to support a railroad bonded at $50,000 a mile as it would have been to have compelled the people of a preceding generation to haul their grain and merchandise on the turnpikes of that time after they had been paralleled by railroads. No doubt the owners of stock in the turnpikes of that day claimed that they had a vested right to fair interest upon their investment, but the railroad companies did not consider the interests of the turnpike owner in any way. They simply superseded the turnpike; and if the railroad companies of the present time do not reduce their capital to a basis upon which railroads can be built now, then the people will be forced, as a last resort, to parallel these roads as they did the turnpikes. If the states of Texas and Nebraska would join us in the building of a line to Galveston, the expense of building such a road would be merely nominal when compared with the vast sums of money that would be saved to the citizens of these states through the lowering of freight rates: in fact, the overcharge above what is a reasonable and fair charge on grain upon the crop now existing in the state of Kansas would pay all the charges of completing such a road, were the state of Kansas to undertake it herself. Such a road, when completed, would place the people of this state in a position of independence in the matter of transportation, so far as the railroad companies and the federal courts were concerned, and I do not believe that such a move would be injurious to the railroad companies, in the long run. The lowered rates of freight would attract a great and constantly increasing business by drawing traffic in that direction, and the decreased rate at which the railroads would be compelled to carry freight would be made up in the volume of business. The state of New York, by completing the Erie canal and keeping the tolls at a low rate, has caused the commerce of the country to flow in that direction so as to make it the great commercial metropolis of the country, but this did not retard the building of railroads, which do business in competition with it; in fact, the finest railroad in the world, with four tracks, was built for the purpose of competing with this canal for business. The total amount of money expended by the state of New York upon the Erie canal, according to recent publications, has been $116,000,000, and the total receipts therefrom have been $132,000,000. If the state of New York has profited so vastly by pursuing this course, I think it would be policy for the West to quit taking their advice on commercial affairs and begin to follow their example. And elsewhere, where it has been necessary to compete with water transportation in the carrying of freight, railroads have never hesitated to enter into that competition. The haul from Chicago east to the Erie canal is greatly reduced because water transportation makes it necessary. The haul from St. Louis to New York is also made at a low rate in order to compete with water transportation. These railroads that do business at a very low rate and in competition with water transportation are in as good condition, financially, as railroads which do not have to compete in such a way. Therefore, it seems to me that it would be wise for this legislature to ask the legislatures of Texas and Nebraska, whose state laws have been set aside and annulled as ours have been, to consider the feasibility of such a plan, in case the laws that I hope will be passed by this legislature should fail of success. Evidence in Divorce Cases. Recent decisions of our courts indicate that the statutory rules of evidence in divorce cases are decidedly defective, and by no means accomplish the purpose sought by their enactment. This matter should receive the early indeed, the immediate attention of the legislature. Attendants in Asylums. In my judgment, the attendants, nurses for the insane, the blind and the deaf and dumb should be selected solely by reason of fitness, and should never be removable for political reasons. The responsibility for these unfortunate people is too great to be the football of factions. Mortgage Legislation. A great deal of complaint comes from over the state in regard to mortgages made and executed in this state, which have been made, as a rule, to companies organized under the laws of our state for the purpose of loaning money. These mortgages are sold in the east, and in many cases the party who struggles through and pays his loan finds that he has been swindled, and in order to clear his title he must again pay the amount or lose his home. Section 3889 should be so amended as to require every assignment of mortgage or note secured by mortgage to be placed on the records in the county where the real estate is located. This in a great measure will guard against any recurrence of these swindles, which are unjust and work great hardship to the people of the state. Such an enactment will enable the debtor to deal directly with his creditors without the intervention of somebody who preys on the necessities of both. Banks and Banking. The banking business, involving as it does to so large an extent all other interests, including the care of the cash resources of people, has very properly been made the subject of state supervision and control. The wisdom of such supervision has been demonstrated by the improved condition of our banks from year to year since the adoption of our present banking law. The experience of our banking department during the last four years of bank failures and financial panics has been such as to enable the bank commissioner to observe the defects in our law and to qualify him to suggest proper and necessary amendments thereto. In his third biennial report the bank commissioner recommends the adoption of a new banking law, a draft of which appears in said report. I am of the opinion that this proposed law embraces many provisions that should be adopted. I therefore commend it to the careful consideration of the legislature. Building and Loan Associations. These associations, being intrusted with the weekly or monthly savings of many of our citizens, should be subject to state supervision. Foreign loan associations should be required to deposit ample security with the state treasurer to protect their Kansas investors. I heartily concur in the recommendations of the bank commissioner and secretary of state with respect to these institutions. Loan Companies. The mismanagement and rascality of loan companies in the past has resulted in bringing Kansas securities into disrepute in many localities in the East. I am of the opinion that the legislature should take the necessary steps to prevent the organization of this class of institutions, except under proper restrictions and with ample paid-up capital to insure protection to their customers. The recommendations of the bank commissioner with reference to these institutions are worthy of consideration. Coal Mines and Miners. From the state mine inspector's report I find that there were mined in 1895, 3,190,843 tons of coal, valued at $3,590,141; 9,021 men and 36 boys were employed in the industry, and the net product was 420,371 tons less than in 1894, owing no doubt to the fact that excessive freight rates and low-priced corn made it cheaper for farmers in the western and central portions of the state to burn their corn rather than coal. The miners and mine owners of the state will ask for certain legislation bearing on this important industry, which I respectfully ask you to give careful consideration, so that employer and employee shall have as near as possible an equal and just standing before the law and the courts. The mining companies issue scrip to their employees, redeemable in goods at their stores. It should be made redeemable in cash once a month. Bureau of Labor and Industry. The commissioner of labor statistics submits the eleventh report of this department. This bureau possesses possibilities of great usefulness, and especially is this true under present economic conditions, while the relations between labor and capital are of such vital importance. The commissioner makes some suggestions as to needed legislation to which your attention is called. Adjutant-General. The report of the adjutant-general shows that this department is in good condition. The state militia has now an enrollment of 103 officers and 1,480 enlisted men. Your attention is invited to his report and to the suggestions therein contained. Conclusion. Gentlemen of the legislature, we cannot hope in the short space of 50 days to correct all the mistakes, to remedy all the evils that have been made and have risen along with our magnificent civilization, but we should endeavor to accomplish such results as will demonstrate to those who follow us that our intentions were good, our actions determined, and our counsels judicious. We are mere hands on the dial-plate of Kansas. The works are beneath and behind us, where a million and a half of God's poor people toil and struggle. A generation has passed away since John Brown of Osawatomie struck one. Let us so live and so move while dressed in our little brief authority that those who look may hope that we have struck two. "John Brown, of Osawatomie - he made our soil so free, Advanced the Kansas thought so high, for all the world to see, Senator King introduced Senate resolution No. 15, and moved its adoption. The resolution was read, as follows: Resolved, That the state printer be ordered to print 200 copies of the governor's message for the use of the senate. The resolution was adopted. Senator Jumper introduced Senate resolution No. 16, and moved its adoption. The resolution was read, and is as follows: Resolved, That the various portions of the governor's message be referred to the proper committees having charge of those subjects, by the presiding officer. The resolution was adopted. Senator Forney introduced Senate resolution No. 17, and moved its adoption. The resolution was read, and is as follows: Resolved, That the sergeant-at-arms be instructed to procure two thermometers and suspend them on either side of the Senate chamber; and be it further Resolved, That the sergeant-at-arms designate one of the janitors to take charge of and regulate the radiators, in order that the temperature of the Senate chamber may not vary but little from 70 degrees Farenheit. The resolution was adopted. Senator Hessin introduced Senate resolution No. 18, and moved its adoption. The resolution was read, and is as follows: Resolved, That the secretary of state be directed to furnish each Senator and each committee, for use during the session, a copy of the revised statutes of 1889, together with the session laws since that date. The resolution was adopted. |