Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-04-26
a case Of contumacy or refusal to obey A sub.

IN case Of contumacy or refusal to obey q sub
pnna, or other proper process issued to any
common carrier or person subject to the pro-
visions of this act, or other person, issue an Or
der requiring such common carrier or other
person to appear before said commissioners
land produce books and papers II so ordered)
and give evidence touching or in relation to
the matter in question; and any failure To obey
such order of the court shall be punished by
such court as contempt thereof; the claim
that any such testimony or evidence may tend
TO criminate the perspn giving such evidence,
shall not excuse such person or witness from
testifying; but such evidence or testimony
shall not be used against such person on the
trial of any criminal proceeding.
Sec. l3.-That any person. firm, corporation
or association, or any mercantile, agricultural
or manufacturing society, or any body polite
or municipal organization complaining of any
thing done or omitted TO be done, by any com
mon carrier subject to the provisions of this
act, In contrayention of the provisions thereof,
may apply TO said commissioners by petition
which shall briefly state the facts whcreupon
statement of the complaint thus made with the
damages II any are alleged shall be forwarded
by the said commissioners 10 such common
carrier who shall be called upon to satisfy the
complaint or to answer the same in writing
within reasonable time to be specified by the
commissioners. III such common carrier with
in the time specified shall make reparation 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. If such common carrier shall
not satisfy the complaint within the time spec
flied, or there shall appear TO be any reasonable
ground for investigating said complaint, IL
shall be the duty of said commissioners to in
vestigate the matter complained of In such
manner and by such means as said commission
ers shall deem proper and said commissioners
whenever they may have sufficient reason TO
believe that any common carrier Ia violating
any of the provisions of this act shall at once
institute an inquiry in the same manner and
to the same effect as though complaint had
been made No complaint shall at any time
be dismissed because of the absence Of direct
damage to the complainant or complainants or
petitioners
Sec. 14.-That whenever an investigation
shall be made by said commissioners after no.
tice, as provided by section Is of this act, it
shall be their duty to make report in writing
in respect thereto, which shall include the find
ings of fact upon which the conclusions of the
commissioners are based, together with its or
their recommendation or orders as to what rep
araSon, if any, should be made by the common
carrier to any party or parties who may be
found to have been injured, and such finding
so made shall thereafter In all judicial proceed
ings be deemed and taken as prima facie evil
dence rs to each and every fact found. All re-
ports Of investigation made by said commits
sioners shall be entered of record and copy
thereof shall be furnished to the party who
may have complained, and any other person or
persons directly interested and to any common
carrier that may have been complained Of
Sec. 15-That II in any case in VIII ch an in
vestigation shall be made by said commission
ers it shall be made to appear to the satisfac-
tion of the commissioners, either by the testi-
mony of witnesses or other evidence, that any
thing has been done or omitted to be done in
violation of the provisions of this aCt, or of any
pDGniZahlp said
common carrier or that any injury or damage
has been sustained by the party or parties com
planning, or by other parties aggrieyed in con
sequence of any such violation, 1t shall be the
duty of said commissioners forthwith to cause
copy of their report in respect thereto to be
delivered to such common carrier together
with notice to said common carrier to cease
and desist from such violation, or To make re-
paratiOn for the injury so found to have been
done, or both within reasonable time to be
specified by the commissioners; and if within
the time specified it shall be made to appear to
the commissioners that such common carrier
has ceased from such violation of law and has
made reparatiOn for the injury found to have
been done in compliance with the report and
notice of the commissioners, or to the satisfac
ton of the party complaining, statement to
that effect shall be entered on record by the
commissioners and the said common carrier
shall there upon be relieved from further liza
bility or penalty for such particular violation of
law.
See. l6.-That whenever any common carrier
as defined in and subject to the provisions Of
this act shall violate or refuse or neglect to
obey any lawful order or requirement of the
said board of railroad commissioners, II shall
bt, the duty of said commissioners, and lawful
for any company or person interested in such
order or requirement to apply in a summary
way by petition to the district or superior
courts in any county of this State in which the
common carrier complained of has its principal
Office or in any county through which its line
or road passes or is operated, or in which the
violation or disobedencc of such order or re-
quirement shall happen, alleging such violation
or disObedience as the case may be; and the
said court shall have power to hear and deter
mine the matter on such short notice to the
common carrier complained of AS the court
may deem reasonable; and such notice may be
served on such common carrier, his Or its off
GERS, agents or servants in such manner as the
court shall direct, and said court shall proceed
to hear and determine the matter speedily as a
court of equity and without the formal plead
ings and proceedings applicable to ordinary
suits in equity, but in such manner as to do
Justice in the premises; and to this end such
court shall have power, If IL think fit, to direct
and prosecute, in such mode and by such per
sons as it may appoint, all such inquiries as
the court may think needful to enable it
to form a just Judgment in the matter
of such petition; ana on such hearing the re-
port of said commissioners shall be prima faCie
evidence of the matter therein, or in any order
made by them stated; and If il be made to APP
pear to such court on such hearing or on the
report of any such person or persons, that the
order or requirement of said commissioners
drawn in question has been violated or DISC
beyed, it shall be lawful for such court TO issue
u writ of injunction, or other proper process,
mandatory or otherwise, against such common
carrier from further continuing such violation
or disobedence of such order or requirement
of said commissioners and enjoining obedience
TO the same; and in case of any disobedience Of
any such writ of injunction or other proper
process, mandatory or otherwise, IL shall be
lawful for such courts to issue writs of attach
ment, or any other process of said court Incl
dent or applicable to writs ofiniunction or 9th
er proper process, mandatory or otherwise
against such common carrier, and If corpora
ton against one or more of the directors Off
GERS or agents of the same, or against any own
err lessee trustee, receiver other person fail
ing to obey such writ of injunction or other
proper process, mandatory or otherwise; and
said court may, If it shall think tit make an or
der directing such common carrier or other
person so disoDeying such writ Of injunction or
other proper process, mandatory or otherwise,
to pay such sum of money not exceeding for
each carrier OF person in default the sum of
one thousand Isl ,000) dollars for every day af-
ter q day to be named in the order that such
| carrier or other person shall fail to obey such
injunction or other proper process, mandatory
or otherwise; aud such moneys shall, upon the
order of the court, be paid into the treasury Of
! the county in which this action was COM
| menced, and one-half thereof shall be transfer
| red by the county treasurer to the state treas
| ury; and the payment thereof may without
| prejudice to any other mode of recovering
! the same be enforced by attachment or order,
! in the nature Of writ of execution, in like