The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-03-05
.on Il violation or eontravsu,ion

BOARD 81 trade or Nturr com nitrulsl DOuSi |
pr, when signed by hny individual, mn
bears tho certificate OF any district nttor- !
neg cf the United States. or OF any district
Dr. county attorney, or ofiioer corresponding
thereto, Of any state or territory, that he
hes examined the fact, and Ia
bis opinion the complaint IL well
founded, the commission Is hereby re-
qutcd 20 entertain and investigate tho
same. In ell other c.sei tho commission
shall decide WHISTLER or not the petition
ought 10 D. proceeded vita. The commits
slDn mey, IL they see a., before requiring
or permitting any formal proceedings 20 DO
taken CA any petition, communicates the
same TO The railroad company against
whom u is made, so NJ 10 niiOrd them ns
opportunity Of MAXIM such obs"ryauons !
OF taking such action thereon as they may
think NJ. The commission shal! have
power, and IN proper ease. enSS ~
be eerged upon ihs railroad company c)m-
plGiuod agairsi, ana 20 issue a notice 70.
Quiiing such company q appear before tho
aud answer Tho said petition.
The answer shall be In writing. Alter the
answer Is filed IL shall then b. lawful for
the commission, II II shall think tit TO d.
rect aud prosecute, in such mode and by
inquiries into matters OF fac. ss may be
deemed necessary TO enable tho commits
sion TO form o Just conclusion In respect of
the matters of said position. All tue pro-
ceeding, before said com mission shall be
directed by aud under general orders,
which shell secure all persons Interested
reasonable notice and opportunity to be
heard. II IL shsN DO made 70 appear 20 the
satisfaction Of the commission, either by
the testimony OF witnesses or other evil
deuce aaduced before ~, or by the report
OF any person 10 whom tho
commission miy have .re.enc1 the inquiry,
or any part thereof thht anything has
been done or omitted - ba done In contra
veution or violation 1t this act, by any rall-
road company or person so upon due snd
proper notice proceeded sgsinst, II lhall be
she duty OF such commission 70 mako and
record its report In writing in respect D!
any such cOnirsvent on OF vicls,ion 81 this
act, which report shall compri9e and em-
brace the findings OF the commission upon
aud in respect OF oil questions of fac. in Is
sue or involved ia such proc,siiBgs,
such report ana findings are made by the
commission, II shall cause a COPY thereof I o
be- served upon or delivered TO the r,ilroad
company so found 20 have violated this
act, to which shall be appended notice
10 be issued by said commission TO such
company forthwith 10 cease and desist
from such violation; and also to de.
liver TO the district attorney OF the United
States for he district in which the act Gem
planned of occurred another copy OF such
report, findings and notice.
Sec. II. That upon notice shat any such
railroad company has neglected or refused
t. conform To she decision OF said com mfg
sion, and to desst from such violation OF
contravention OF this act, II shall be the
duty of such district attorney TO apply by
petition. in the name OF tho party og
grieved, TO the circuit court OF the United
States for such district for, aud
it shall be the duty Of ouch court TO grant
an order upon such railroad company
to show csnse why such company should
not be Joined and restrained against the
continuance OF such violation, and for such
other order.and relief In the premises rs may
be Just 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 on which any such
order or decree Is mSde shall be special
term of such court. Upon the
service and return OF such or or.
TO the parties interes Q such court shall pro-
coed in q 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 contrsveDtion
OF this act in said report and findings de-
scribed, it shall so adjudge; and it then
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 saiu act. Such court may enforce
obedience to any such Injunction, order or
decree, by any perron or party, by fine,
means within IL, lawful Jurisdiction risting
as court of equity. Any person interested
to restrain such violation may, on applica-
ton to the court. BIO allowed TO appear and
be heard, by himself or counsel;
and upon proof that any district
attorney hns failed In my proper case for
the period Of ten days 10 apply for such or
der to show cause, this court may permit
such application to be msdo and prose-
cuted TO effect by or In behalf OF any person
SO interested. Such court may, In its dis
crciion, award or deny costs TO any party
to such proceeding. In any case where the
court ohall judge that the violation OF this
act by any company has been wiillui, or
continued alter notice to desist therefrom,
the court may award 10 any party injured
such gross sum by way OF costs rs will
REIN burse 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 general
orders as may be requisite for the order srd
regulation OF proceedings before 1t, includ'
service thereof, and for the
prescribing, directing or regulating
act. All the proceedings before said com.
mission snail DO upon reasonable notice to
all parties interested, and such forms shall
conform as nearly as may be to those In
use in the courts OF the United States
A a-fxx ,r,1 ka 10.
person or by attorney.
Bee, 10. That for the purposes OF th Is act
the commission shall, Subjsot as In this act
mentioned, have full power to ascertain
and report upon all questions OF fact aris-
Ing under this act, and shall also have the
powers following:
(s) They may, by subpoena or order to be
served by person by them authorized, re-
Qnire the attendance OF witnesses, and Of
all such persons as they think fit TO call be-
fore them, or before any person by them
authorized to prosecute nm inquiry.
(b) They may require the production OF
ali books, papers, and documents relating
to any m after before them, and TO that end
pay invoke the aid OF acy court OF the
United STATES.
(c) Either OF them may administer oa,hs
and ..lirmatisns.
Sec. IA. That the principal Office OF the
shall be In the city Of Wash.
iugton, where Its general session shall be
held ard iss records and archives be depos-
tied. Whenever the convenience of the
puollc or OF the parties may be promoted,
or delay or expense prevented thereby, the
nav 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 tho commission,
prosecute any inquiry necessary TO its
duties, in any part Of the United States.