out the necessity of a formal hearing. This has necessarily called for a vast amount of correspondence, too voluminous for this report. In the formal decisions, which will be found hereinafter recorded, we have endeavored to be guided by a spirit of fairness, as well as by the information and testimony presented. The conditions effecting both the railroads and the people were given due consideration, and we feel that our conclusions were based upon justice and in keeping with the public good. In this connection, we would call attention to the fact that the orders and recommendations of the Board have not always been complied with. The following decisions have been utterly ignored: Case No. 1317. J. W. Hurt and others, of Burgess, vs. The St. Louis & San Francisco Railroad Company. Case No. 1281. Citizens of Wichita vs. Missouri Pacific, Atchison, Topeka & Santa Fé and St. Louis & San Francisco Railroad Companies. Case No. 1366. O. L. Wingate and others vs. Hutchinson & Southern Railroad Company. Case No. 1282. Citizens of Wichita vs. Atchison, Topeka & Santa Fé, Chicago, Rock Island & Pacific and the Missouri Pacific Railroad Companies. Cases No. 1304, 1306, 1310. H. Gray, J. M. Egan, H. McDonald and 195 others vs. Missouri Pacific Railroad Company. Case No. 1352. City of Hutchinson vs. Atchison, Topeka & Santa Fé Railroad Company et al. Case No. 1338. City of Abilene vs. The Chicago, Rock Island & Pacific Railroad Company et al. Case No. 1364. Citizens of the State of Kansas vs. Atchison, Topeka & Santa Fé Railroad Company et al. We desire to call the attention of your Excellency to the defective and inadequate provisions of the law relating to the duties and powers of this Board. The authority of the Board to enforce its orders is so limited that in many cases its rulings practically amount to recommendations, which may or may not be complied with, as best suits the convenience of the companies to whom they are made. It would seem that the law should make it obligatory upon some person, perhaps the attorney general, to enforce such orders as the Board may make. The act of March 6, 1883, was supposed to cover this point, but its provisions are somewhat indefinite and uncertain. In the matter of regulating freight rates, this defect is very important, and stands out most prominent. The impression seems to be general that the courts stand between the legislature and any effective freight-rate law that might be enacted, and some of the decisions of the courts perhaps justify this impression; but the attempt should be made, and if the effort proves to be ineffective let the responsibility rest where it belongs. As the matter now stands, there is no law regulating freight charges in this state, except that which pretends to delegate the power to this Board; and the rulings of the Board at best can only be taken as "prima facie evidence of what is a reasonable charge." This law has been standing for almost 12 years without any material change, and needs no further test to establish its inadequacy to meet the wants of the people. If a just and reasonable law can be framed that will stand the test of the courts, the legislature should waste no time in placing such an act upon the statutes. If no relief can be obtained through state legislation from what is conceived to be extortionate charges and other abuses, the people are entitled to the information. We have examined a large number of the roads in the state with a view of ascertaining their physical condition and the manner in which they are operated with reference to the public safety and convenience. All the leading lines are in most excellent condition, and the service upon them first class, but we regret that this cannot be said of all the roads in the state. Most of the branch lines are being neglected, and some of them are being permitted to fall into a state of dilapidation. It is true the traffic over these roads is very light, and they do not need the same care and attention required on the main lines where heavy trains are constantly passing, but they should at least be kept from falling into such a condition as to endanger the lives of employes as well as the traveling public. The financial and commercial depression justifies the roads in the adoption of a policy of rigid economy, but it is not impossible to carry this policy to such an extreme as to endanger their own property and the lives of their patrons. In this connection, we deem it our duty to call attention to the radical reduction in the number of section hands on many of these branch lines. In many localities only two or three men are employed in this capacity to keep in repair 20 miles of road. It requires no expert in railroad work to see that it is impossible for three men to look after 20 miles of track and do justice to themselves and to the road. The following exhibits, taken from the returns as filed in this office, show the capital stock, liabilities, etc., of the various roads, with the passenger and freight traffic, earnings and expenses, and a comparison of the same with the like returns for the preceding year: CAPITALIZATION-ALL LINES. Capital stock issued and outstanding for the year ending June But for the purpose of this comparison, the capital stock reported for 1893 by the Dodge City, Montezuma & Trinidad and the Leavenworth, Topeka & Southwestern Railway Companies, to the amount of $3,380,000, should be deducted from the total amount for that year, as they make no report for the year 1894, which leaves an actual decrease in the capital stock for 1894, as compared with 1893 for same lines reporting both years, of $5,255,166.01. Funded Debt. Funded debt issued and outstanding for year ending June 30, 1893, $839,973,228 52 Same for year 1894.. 821,571,232 08 Decrease for 1894..... $18,401,996 44 Excluding Dodge City, Montezuma & Trinidad and the Leaven But it will be observed, by reference to table No. 3, this report, that the earnings of the Dodge City, Montezuma & Trinidad and Leavenworth, Topeka & Southwestern railroads, amounting to $11,536, is not included in total earnings for 1894 and, for the purposes of this comparison, should be deducted from total earnings for year 1893, as they make no report for 1894, which exhibits an actual decrease for same roads reporting heretofore of $2,747,722. FREIGHT EARNINGS. Total freight earnings were, for the year ending June 30, 1893 ... Excluding Dodge City, Montezuma & Trinidad and the Leavenworth, Topeka & Southwestern Railroad Companies. $105,588,883 12,653 Excluding Dodge City, Montezuma & Trinidad and the Leaven Total income from other sources, viz., stocks, bonds, rental, miscel laneous sources, for year ending June 30, 1894... Total earnings and income... Total expenses and payments, exclusive of dividends.. Deficit.... Dividends paid.... $7,064,494 132,420,968 132,518,577 $97,609 6,325,447 Deficit for 1894. $6,423,056 The companies paying dividends the past year are as follows: $4,100,135 1,846,232 379,080 Amount of stock and debt per mile, $50,653. The capital stock and funded debt includes, issues for the acquisition by purchase or exchange of the stock and bonds of other roads forming part of the system, and the apportionment per mile is made upon that basis. The funded debt covers the entire funded indebtedness of a mileage of 6,634.39. The stock covers a mileage of 8,813.66. Car-trust obligations cover a mileage of 6,634.39. Current liabilities cover a mileage of 4,582.12. Number of passengers carried for the year ending June 30, 1893..... 3,156,160 Same for year 1894... 2,839,012 Decrease for year 1894.. 317,148 Number carried one mile for year ending June 30, 1893. 272,289,836 Same for 1894 ... 267,615,313 Decrease for year 1894. 4,674,523 Number of tons of freight carried for year ending June 30, 1893..... 6,762,466 Same for year 1894... 5,788,141 Decrease for year 1894... 974,325 Number tons carried one mile for year ending June 30, 1893. 1,892,309,774 Same carried for year 1894.. 1,527,064,472 Decrease for year 1894 365,245,302 Average receipts per ton per mile for 1894, 9.79 mills. Total passenger revenue for year ending June 30, 1893.. $5,784,554 5,239,613 Decrease for year 1894 $544,941 Total passenger earnings, including mail, baggage, express, etc., for Total freight earnings for year ending June 30, 1893. $20,077,047 Same for year 1894.... 15,026,097 Decrease for year 1894. $5,050,950 Total traffic earnings, freight and passenger, for year ending June Total gross earnings from operation for year ending June 30, 1893... $27,786,561 Same for year 1894.... 22,085,102 Number of passengers carried for year ending June 30, 1893. 17,324 Number carried for year 1894 14,452 Decrease for year 1894 2,872 Number of passengers carried one mile for year ending June 30, 1893.. 353,430 337,799 Decrease for year 1894. 15,631 |