State ex rel. Taylor v. Missouri Pacific Railway Co.

Citations

• 76 Kan. 467
• 92 P. 606
• 1907 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Act Creating Board, of Railroad Commissioners — Separation of Governmental Departments. The statute creating a board of railroad commissioners (Laws 1901, ch. 286; Gen. Stat. 1901, ch. 84, art. 3) and the acts supplementary and amendatory thereto (Laws 1903, ch. 391; Laws 1905, ch. 340) are not in violation of the constitutional requirement that the legislative, executive and judicial departments of government shall be kept separate.</p> <p>2. - Delegation of Legislative Powers. The act does not delegate to the board of railroad commissioners legislative powers. The legislature in the exercise of its power to regulate and control public corporations, such as common carriers, may delegate to a board of railroad commissioners certain functions administrative in character which cannot well be performed by the legislature itself.</p> <p>3. --Delegation of Executive or Judicial Powers. The act does not confer upon the board executive or judicial powers, although the board is required to exercise judgment and dis- . cretion and to make orders for the regulation and control of railroads and other common carriers.</p> <p>4. —-Legislative Jurisdiction — Creation of Board of Railroad Commissioners. The act is not invalid because the constitution 'does not specifically provide for the creation of a board of railroad commissioners. The subjects upon which the legislature may enact laws are not enumerated in the constitution. ,</p> <p>5. -— Power of the Legislature to Regulate and Control Railroads. The legislature has the power to regulate and control the opération of railroads. The question of the extent of the control and regulation must be left to the legislature to determine, subject always to the constitutional guaranties for the protection of property.</p> <p>6. -Commerce — Regulation. The act creating such board applies solely to the business of railroads within the state, and is not designed to affect, and does no