The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-04-26

common carrier or person subject to the pro-
visions Of this act. or other person, issue an or
de- requiring such common carrier or other
person to appear before said commissioners
fand prDduce books and papers If 20 ordered)
:ifsd rive evidence touching or III relation tD
tbr matter in question and any failure To obey
siich order Of the court shall H. punished ny
siicii court ~ contempt thers9f: the claim
that any such testimony u. evidence may tend
to criMinate the perspn giving such evidence.
shall not excuse such person nf witness from
III tfyin.: Int such evidence. nr testimony
IN: 1! moi ~ 'tscd against such person on The
iral oi any criminal proceeding.
Sec. i3.-iliat any person. ilFfn corporation
nr association. or ANY mercantile. agricultural
~ manufacturing society. or any body polite
Or municipal organization complaining oi any
thing done, omitted u BE- done. by any com
mon carrier subject 10 the provisions Ut this
act in contrarcntion Of the provisions thereof,
may apply 10 said commissioners by pettion
which shall briefly state the facts wherenpon i
statement Of the complaint thus made with the
damages if any are alleged shall be forwarded
by the said commissioners To such common
carrier who shall b. called upon 10 satisfy the
complaint, or u answer the same In writing
within reasonable time to be specified by the
commissioners. il such common carrier with
in the time 5 Gifted shall make reparatien for
the injury alleged to have been done or shall
correct the wrong complained Of said carrier
shall be relieved of liability To the complainant
only for the particular violation of law thus
complained of. IL such common carrier shall
not satisfy the complaint within the time Spec
iiicd or there shall appear 10 be any reasonable
ground for investigating said complaint. it
shall be the duty Of said commissioners III in
ycsligate the matter complained ri in such
manner and 10y such means said commission
crs shall deem proper aud said commissioners
whenever they may have sufficient reason 10
believe that any common carrier i violating
any of the provisions Of this at shall ri once
| institute an inquiry in the saline maliier and
| to the same effect n though complaint had
| been made. No complaint shall IT any time
| bc dismissed because of the absence Of direct
damage 10 the complainant or com,,iaiuaatS or
petitioners.
See. 1i--That whenever an investigation
| shall! BE- made by said commissioners after no
ticr, rs provided by section Il; Of this art. 1t
| shall be their duty to make a report in writing
| in Respect thereto which shall include the iina
! ings a fact upon which tie conclusions II the
commissioners are basel. together with it, ar
their recommendation Ut orders n To What REP
aration, If any. should b. nil,ie s'y ihecoinmon
carrier ~ any party or parties Who max h.
| fonnd ~ have been injured. AMI such finding
made shall thereafter in all judicial nroceci-
| ings be deemed and taken aS prima facir evil
drnce ~ to each and every fact found. All r.
| ports OF investigation made BY said commits
slonerS shall hc entered Of record and copy
thereof shall be furnished to the party who
may have complained. ;t,d any other person er
| carrier that may have been complained Of.
See l5.-Ihat ii In any ease IN VII ch an in
vcstigation shall be matte by said commission
ers Ii shall be made to appear to til. satisfae-
tion OF the commissioners, either bs the testi-
mony OF witnesses ar other evidence. that any
| thing has been dome or omitted 20 be- done III
violation Of the provisions ri this ac. of any
| law coeniZablc by said commissioners. by any
common carrier. or that ANY injury or damage
| has been sustained by the party or parties conn
planning. or hy other parties a.toritye in con-
sequence of any such violation, II shall In the
duty of said commissioners forthwith to caiise
| copy Of their report IN respect thereto to be
delivered 10 such coilnoi carrier, together
with uo.irc Ia said common carrier to cease
and t.fsst fro:a such yiuils an nr To- make re-
| laratiou for the injury found - have been
done. or both within reasonable time Ia h.
specified iiv the commissioners: and If Within
the time s,,eciIiel il shall be made to appear To
| the commissioners that such common carrier
mas ceased fru,a such violation III law ard hts
made rcparaiinn for til. injury found To have
| been done in compliance with the report AMI
notice 81 the commissioners. or IL the satisfae-
| ton Of the party complaining. Il statement III
that effect shall be entered Oh record by the
commissioners and the said common carrier
shall there ulnii be relieved from further lia-
b!lity or penalty for such particular violation uf
| law
So. i6.- That whenever m, common carrier
n dcliHsd II, and subject 10 the provisions OF
this act shall violate or rsfn>.. .r neglect to
obey ANY lawful order ar requirement of the
| said board III railroad commissioners 1t shall
| br the duty If said commissioners. aud lawful
lur any company or person interested in such
order or requirement IL appl, in a summary
way by petition Ia Iii. district or superior
courts in any county of this siaic ia which the
common carrier complained ri has It's principal
Office, or in any county through which its line
or road Iasscs or Il operated. III in which the
violation or -ohediehvc of such ori.r or re-
quireincn, shall happen. alleging such violation
| or diso,edirncc as the case NAV bc. and til.
| said court shall have power Ia hear and deter
mine the matter Oh such short notice 10 the
common carrier complained of the court
may deem reasonable; anl such notice may be
served on such common carrier Iii, is oil
GERS, agents or servants in such manner as the
court shall direct, and said court shall proceed
to hear and determine the matte, speedily rs Il
court of equity and without the formal plead
ingS and proceedings applicable To ordinary
suits In equity, but III such manner II To do
Justice in the premises; and - this end such
court shah have power if it tLins fit. Ia direct
| and prosecute, in such mode ana ~ sath per-
sons as 1t may appoint. all such inquiries as
the court may think neeifui 10 enable 1t
IL form just Judgment ii the matter
| of such petition; amt on such hearing The re-
port OF said commissioners shall he pli.a fane
evidence Of the matter therein, III atly orier
made hy them stated; and ii IL hc mad, To M,
pear To such court on such hearing or Oh the
report Of any such psrs0n Or persons, that the
order or requirement Of said commissioners
| drawn In question has hcca violated or DISC
beyea. II shall be lawful for such court 10 issue
a writ q. injunction. or other proper process,
mandatory OF otherwise. against such common
carrier from further continuing such violation
or di>obcdence Of such order or requirement.
Of said commissioners AMI cnioining obedience
to the same: and in case Of any dsanedienee Of
any such writ Of injunction ur other proper
process mandatory nr Otherwise. ii shall hc
lawful for such courts to issue wrls of attach
ment, or any other process Of said cour. incl
den, or applicable IL wri,s Of injunction or 9TH
CT proper process, mandatory or otherwise,
against such common carrier, and II corpora
ton against one or more OF the directors, oiii-
GERS or agents OF the same. or against any own
cr, lessee trustee. receiver or other person fail
ing 70 obey such writ Of injunction or other
proper procc>s, mandatory or otiierW ise; and
said court may, il il shall think fit, make an or
der directing sEch common carrier or other
person So ,li,obey!ng such writ Of injunction or
other proper process, mandatory or otherwise,
| 10 pay such sum OF money not exceeding for
each carrier or person in default the sum of
| one thousand ts. 900 dollars for ever. day af-
ter a day to be named in the order that such
carrier or other person shall fail 10 obey such
| injunction or other proper process, mandatory
or othSrW iSe; and such moreys shall upon the
order of tue court, be paid into the treasury IF
| the county in which this action VAS conn
mcaccd, and one-haif thereof shall be transfer
red by the county treasurer To the Statc treas
| ury, ana the payment Thereof MAY without
prejudice 10 ANY other mode Of recovering
| the same be enforced by attachment or order
| in the nature of ! writ OF execution, in like
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