St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-01-09

be regarded as a subject of equity, juris-
dction and discovery and affirmative
relief may be sought and obtained therein.
In any such action SO brought, as case OF
equitable cognizance as aforesaid, any di-
rector. officer, receiver or trustee, any corpo-
ration or company aforesaid, or any receiver,
trustee or person aforesaid, or any agent Of
any such corporation or company, receiver,
trustee or person aforesaid, or any OF them
alone. or with any other person or persons,
party or parties, may and snail oe compelled
to attend, appear and testify and give evil
dence. and no claim that any such testimony
or evidence might or might not tend TO
crminate the person testifying or giving ev-
idence shall be Of any avail, but sucn
evidence OF testimony shall not
be used against such persons on trial or on
any Indictment against him. Attendance
and appearance of any Of these persons VINO,
as aforesaid, may be compelled to appear rama
testify, and giving testimony or evidence oy
the same respectively, and the production Oh
books and papers thereby may, and shall be
compelled the same as in the case OF any
deposition or evidence, the production OF any
books or papers that may be desired or re-
ouired for the purpose of applying for or sus-
taing any such action, the same, ana the
production of books and papers may and
shall be had, taken and compelled by or be-
fore any United States commissioner, or
in any manner provided or to be
provided for as 10 the taking of other deposit
tons or evidence or the attendance OF Wit
nesses or the production Of other books or
papers in or by chapter II, title IL, revised
statutes Of the United States. No action
e.. ,l,,II 10 ,faf,, I'D Ytr1la hrnnnht
within one year after the cause of action
shall accrue, to within one year after the
party complaining shall have come to the
knowledge that he has the right of action,
and as many causes Of action as may accrue
within a year may be joined in the same suit
or com plant and any circuit or district
court of the United States having jurisdiction
over persons, shall have power, upon the APP
plication OF any person or per-
sons, firms, railroads, or other cor
poratons Or associations alleging
undue and unjust discrimination against
person, in violation of the provisions OF this
act, to issue a writ of mandamus against
such person, commanding such person to
move and transport freight or to furnish IA
cilites for transportation for the party APP
plying for the writ, upon such terms and in
such manner as shall seem just and proper
to the court in order to prevent any undue
or unjust discrimination against the relator.
The proceedings shall be, as in oth5r cases
of mandamus and in cases of urgent neces-
sty or involving the transportation of per-
istable goods. Writs OF alternative man.
damus may be made returnable forthwith,
provided that no writ or per-
emptory mandamus shall issue I'M
der this act until the relator
shall have given security in such sum at
shall be named ~ the court to pay defendant
proper and legal charges for services re.
quired to be performed by the writ aforesaid,
aud provided further that the remedy herein
given by writ of mandamus shall be cumu-
lative, and shall not exclude or interfere
with other remedies herein provided.
No cause brought under this act in any
state court of competent jurisdiction shall be
removed to any United States court.
Sec. s. That any director or officer of any
corporation or company acting or engaged
as aforesaid, or any receiver or trustee les
see or person acting or engaged
as aforesaid or any agent OF
any such corporation or company receiver,
trustee or person aforesaid, or of one of them
alone, or with any other corporation, COM
pany, person or party who shall wilfully
do, or cause or willingly suffer or permit to
be done, any act, matter or thing in this act
prohibited or forbidden, or who shall aid OF
abet therein, or shall wifully omit or fail to
do any act. matter or thing in this act re-
quired to be done,or cause or willingly suffer
or permit any act. matter or thing so directed
or required by this act to be done, not to be
so done, or shall aid or abet any such oms-
sion or failure, or shall be guilty
of any nfractiou C1of this act
or aid or abet therein, shall
be guilty of a misdemeanor, and, upon con-
viction thereof, be fined not more than
So, 000'
See. 9. That nothing in this act shall
apply to the carriage, receiving, storage,
handling or forwarding of property wholly
within one state and not shipped from or
destined to some foreign country or other
state or territory, nor shall it apply to prop
erty carried for the United States at lower
rates of freight and charges than for the
general public, or to the transportation Of
articles ut reduced rates of freight for char
liable purposes or to or from public fairs and
expostiOns for exhibition.
Sec 10. That the words ''persOn or per-
sons" as used in the act, except where
otherwise provided, shall be construed and
held to mean person or persons, officer or
officers, corporation or corporations, com
pany or companies, receiver or receivers,
trustee or trustees, lessee or lcssees, agent
or agents, or other person or persons acting
or engaged in any matters and things mem
toned in this act.