The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-03-06

utI oi the 'Nhteh tiaiFs w w siI utsfl''
~ county sttofney, 90 officer correspondent
thereto, oi any stale 0r territory, that BE-
hes examined the f.tts ami IN
his opinion the o0mIlsint 10 well
i0uadsd, the commission Ia hereby To'
quiTed 10 entertain and investigate the
same In All other cases the commission
shall decide whether OF not The petition
ought 10 D., proceeded with. The commits
siuu msy, II they see ne, before requiring
or permitting any formal proceedings 10 be
tafrn un any petition, communicate the
same 10 the railroad esmpsny against
/ whom u In made, 50 as 10 Afford them as
Opportunity Of making 6ueh observations
or taking tgen action thereon as they may
lhink M, The commission shall have
required. i0 cause COPY Of the petition %
be served upon the railroad company o1Rl-
planned ggirsi, ana 20 issue notice re.
curing such company 70 appear before tna
com mission and snswer the said petition.
The answer shall DO In writing, Alter the
answer is filed IL shall then be lawful for
the commission, Il II shall thihk tt, % d.
rect And prosecute. in such mode and by
sucn means as IL snail think proper, all such
Inquiries into matters OF TACT AS may be
dsemsd necessary 10 enable the commits
J siOn 10 form u last conclusion In respect az
tho matters OF s.ld pehliOn, All the pro-
casdine, before said commission sh,l, be
directed by aud under general Orders,
which shall secure Nil persons INTERESTED
reasonable notice aud opportunity 10 be
heard. IL Il snail be made 20 appear TO the
| satisfaction OF the commission, either by
I the testimony OF witnesses or other evil
dence saduced before IL, or by The report
/ OF any person 10 whom the
com omission may hsve.re'egIel the inquiry,
or any part thereof, that anything has
been done or omitted 10 De done In contra
/ ulatattAa al lllH nv rail-
road company or person 80 upon due aud
proper notice proceeded against, IL shall be
| ihe duty OF snca commission u make end
record lis report in writing In respect OF
any such conuAyebt on or Viulsuon 81 TINS
act, which report shall comprise and EN-
brace the findings OF the commission upon
| and in respect OF all questions OF Tact Ia Is
sue or involved IN such proceedings,
such report and findings are made by the
| commission, IL shall cause u cory thereof TO
be served upon or delivered to the railroad
company DO found 90 have violated this
act, TO which shall be appended q notice
20 be issued by said com mission 10 such
company forthwith to cssse ana desist
from such violation; and also To de.
liver 10 the district attorney OF the United
States for the district In which tse act COM
planned OF occurred another copy OF such
report, iiulings and notice.
| Sec. IL. Thst upon notice that any such
railroad company has neglected or refused
t conform 10 shs decision OF said commits
sion, and 10 deslst from such violation or
contraven.ion OF this set, IL shall be the
duty of such district attorney 10 apply by
petition, In the name oil the party sg-
erisyed, 20 the circuit court OF the United
States for such di.trlct tor, and
it shall be the duty OF such cour, to grant
an order upon such railroad company
TO show csuse why such company should
| - nsnt. a1 at,A aA
continuance OF such violation, and for such
other orders and relief in the premises as may
be lust and proper. For the purpose OF
making any order or decree in the premises
final or otherwise, such court shall always
be open, and the day Oh which any such
order or decree is made shall no special
term of such conrt. Upon, the
service and return Of such or
der to show cause. and notice
TO the parties loterested, such court shall pro-
coed in summary manner to ascertain
whether the said report and findings are
true; and whenever said court shall be OF
opinion that such company has done or is
doing any act in violation or contravention
OF this act in said report and findings de-
scribed, it shall so adjudge; and it then
shall be the duty of said court forthwith to
issus writ oi injunction requir'
ing such railroad company to
desist from such violation, and in
respect OF the matters in said report con-
tanned to conform to and obey all the pro
visions OF SAID act. Such court may enforce
obedience to any such injunction, order or
decree, by any person or party, BY fine,
proceedings for contempt, and al other
means within its lawful jurisdiction sittinR
as court Of equity. Any person interested
to restrain such violation may, on appiica.
ton to the court, be allowed - appear and
be heard, by himself e counsel 1
attorney has failed In any proper case fol
the period Of ten days 10 apply for such or.
der to show cause, the court may permit
such application to be made and prose-
cuted to effect by or in behalf Of any person
SO interested. Such court may, In its dis
crelion, award or deny costs to any party
to such proceeding In any case where the
court shall Judge that the violation of this
act by any com pany has been wiiltul, or
Continued after notice to desist therefrom,
the court may award 10 any party Injured
such q gross sum by way NJ costs as Will
reimburse all his costs, charges, expenses,
counsel fees and disbursements, to be PAID
by such company.
Sec IL. That the commission may make,
and from time to time amend, such genera!
orders as may be requisite for the order and
regulation Of proceedings before 1t, includ
ing all forms for proceeding, notices and the
service thereof, and for the
any matters authorized by thii
act. All the proceedings before said com
mission snail be upon reasonable notice to
al parties interested, and such forms shall
conform as nearly a. may be TO those IN
use in the courts Of the United States
Any party may appear and be heard, In
persos or BY attorney.
SEQ, IS. That for the purposes Of th ls aci
the com mission shall, subject a. in this aci
mentioned, have full power to ascertain
and report upon all gut stions OF fact arts
Ing under this act, and shall also nave the
powers followin 9:
(s) They may, by subpssa or order to be
served by person by them authorised, re-
auire the attendance OF witnesses, and o.
all such persons as they think fit to call be-
fore them or before any person oy them
authorised to prosecute an inquiry.
(b) They may require the production o.
ali books, papers, and documents relating
to any m after before them, and to that END
may invoke the aid of any court OF the
United STAKES.
i (c) ri her of them may administer oatht
and afirmstisns.
Sec. IA. That the principal Office Of the
commission shalt be in the city OF Wash
ington, where It's general session snail Dc
held and its records and archives be depos'
itel Whenever the convenience OF inc
pu slc or of the parties may be promoted
or delay or expense prevented thereby, the
commission may hold special sessions In
any part of the United States. 1t may, by
one or more OF the commissioners, or one
OF the persons named in the 9th
section hereof, or by any person
specially appointed by the commission,
4 prosecute any inquiry necessary to its
duties. in any part OF the United states u.s.