RAILROAD COMMISSIONERS OF KENTUCKY. HENRY D. MCHENRY, August 2, 1878, Chairman. LUCIUS DESHA, August 2, 1878. W. H. PETTUS, August 2, 1878. L. D. HOLLOWAY, August 2, 1878, Secretary. J. FLETCHER JOHNSTON, Sept. 1, 1880, Chairman. C. E. KINCAID, Sept. 1, 1880. LANSING BURROWS, Sept. 1, 1880, Secretary. D. HOWARD SMITH, 1882, Chairman. WILLIS B. MACHEN, 1882. WILLIAM M. BECKNER, 1882. HENRY T. STANTON, 1882, Secretary. J. P. THOMPSON, 1884, Chairman. JOHN D. YOUNG, 1884. A. R. BOONE, 1884. (Died January 27, 1886.) 1. A. SPAULDING, May, 1886. (Appointed to fill unexpired term of A. R. Boone, deceased.) CLARENCE EGBERT, 1884, Secretary. I. A. SPAULDING, May, 1888, Chairman. W. B. FLEMING, May, 1888. GEORGE M. ADAMS, 1891. (Resigned.) (Appointed to fill unexpired term of John F. Hager, resigned.) WM. F. GRIFFITH, Secretary. C. C. MCCHORD, May 24, 1892, Chairman. (Resigned.) UREY WOODSON, May 24, 1892. CHARLES B. POYNTZ, May 24, 1892. (Appointed to fill unexpired term of C. C. McChord, resigned.) D. C. HARDIN, May 24, 1892, Secretary. JOHN C. WOOD, December 10, 1895, Chairman. J. F. DEMPSEY, December 10, 1895. S. D. BROWN, December 10, 1895, Secretary. C. C. MCCHORD, December 12, 1900, Chairman. JOHN C. WOOD, December 12, 1900. J. F. DEMPSEY, December 12, 1900. To His Excellency, J. C. W. BECKHAM, Governor of Kentucky: In addition to the written report submitted to you December 1, 1901, embracing the work of this commission for the preceding year, we beg to add thereto and incorporate therein a reference to matters which have since transpired affecting the powers and duties of this board, in order that the same may be made part of the regular annual printed report of the commission. You will observe that this is the twenty-second annual report issued from this office. Since this department of the State's Government was created, more than twenty-three years ago, repeated efforts have been made to secure the passage of a law empowering the commission to make just and reasonable freight and passenger rates; but not until the session of 1898 was anything in this direction accomplished, when a bill was passed granting this power. It was contended that the law was unconstitutional, and it fell under the veto ax of Gov. William O. Bradley, who assigned as his reasons for the veto that the law was unconstitutional. Undaunted, the friends of this measure again introduced it in the Legislature of 1900, and after a bitter fight it passed both Houses and was approved by your excellency March 10, 1900. As soon as the bill became a law, five railroad corporations instituted actions in the Federal court before Judge Walter Evans in Louisville and Covington, attacking its constitutionality, and praying that the commission be perpetually enjoined from enforc ing the law. The order of injunction was granted, and since July, 1900, the hands of the commission have been tied by the injunction. Immediately thereaffer the three members of this board executed supersedeas bonds for $1,000 each, and appealed the cases to the Supreme Court of the United States. They were argued and submitted January 7, 1901, and again October 28, 1901. AttorneyGeneral R..J. Breckinridge and Messrs. D. W. Baird, of Louisville, and Lois McQuown represented the commission. A unanimous decision was rendered by the court January 6, 1902, reversing Judge Evans and upholding the constitutionality of the law. Elsewhere in this report will be found this decision in full; also that of the same court upon the same date affirming the decision of the Court of Appeals of Kentucky upholding the constitutionality of sections 218 of the Constitution and 820 of the Kentucky Statutes, known as the "long and short haul law." These two decisions set at rest forever the contention that these laws are unconstitutional, and settles the fact that State regulation of railroads in Kentucky has come to stay. We are not unmindful of the vast amount of additional work the enforcement of this law carries with it, nor are we unmindful of the additional responsibilities which we must now assume. We believe, however, that a fair, just, conservative, but firm, enforcement of its provisions by this board will result in much good. COMPLAINTS. Very few complaints have been filed during the year. Whether this is because the shipper is satisfied with the rates now charged, or because of his knowledge that the commission has been powerless to grant a relief remains to be seen. A very material reduction in coal rates has recently been made by the Louisville and Nashville railroad upon coal from the mines on its Knoxville division. However, this reduction has not materially benefited the consumer, as we are advised that the price of coal at the mines has increased in proportion to the reduction in freight rates. The commission has been called upon to render but one decision of general importance during the year, which will be found under |