The great West. [volume] (St. Paul, Minn.) 1889-18??, 1889-11-15

any common carrier 1d1lS IN any re-
spect or particular to COMPLY WITH
THE LAWS OF THIS STATE, or when
everin their Judgment, any repairs are
necessary upon it's railroad, or any
addition to or change of it's stations
or station houses is necessary, or any
change in the mode of operating it's
road or conducting it's business is
reasonable or expedient in order to
promote the security, convenience,
and ACCOMMODATION OF THE PUBLIC,
said commission shall inform such
railroad company, by a notice there
of in writing, to be served as sum-
mons in civil actions is required to be
served by the statutes of this state
in actions against corporations, GER
titled by the commissiOn's clerk or
secretary, and if such common carrier
shall neglect or refuse to comply with
such order, then the commission
MAY, IN IT'S DISCRETION, CAUSE SUITS
OR PROCEEDINGS TO BE INSTITUTED TO
ENFORCE IT'S ORDERS AS PROVIDED IN
THIS ACT.
Is this a hardship against the COM
panies, by permitting both public
and private action at law? No, for
the law declares, (sec. 1D:
That any person Or persons, party
Or parties claiming to be damaged
by the action of nOn-actiOn of any
common carrier, subject to the pro-
visions of this act, may either make
complaint to the commission, as
hereinafter provided for, or may
bring suit in his or their own behalf
for the recovery of the damages for
which such common carrier may be
liable under the provisions Of this
act, in any district court of this
state, of competent jurisdiction ;
but such person or persons shall net
have the right to pursue both of said
remedies at the same time.
And again (sec. 13). If any person,
firm, ETC., make complaint to said
Commission statement of the char
ges shall be forwarded BY THE COM
MISSION to the road. If the road
does not satisfy the complaint, and
there ''shall be reasonable ground
for investigating" it goes on to
say:
1t shall be the duty of the commits
sion summarily to investigate the
matter complained of, in such man
ner and by such means as it shall
deem proper. No complaint shall at
any time be dismissed because OF alb
senceof direct damages to the COM
plainant. And for the purposes OF
this act the commission shall have
the attendance of witnesses and the
power to require production of all
books, papers, contracts, agreements
and documents rela ting to any mat
ter under investitiOn, and, to that
end, may invoke the aid of any of the
courts of thisstate, in requiring the
attendance of witnesses and the pro-
ductiOn of books, papers and dOcu-
ments, under the provisions OF this
act.
Any of the district courts of this
state, within thejurisdiction of which
such inquiry is carried on, shall, in
case of contumacy or refusal to obey
subpoena issued by thecommissiOn-
ers to any common carrier subject
to the provisions OF this act, or,
when such common carrier is a cor
pOratiOn, to an officer or agent there
OF, or to any person connected there
with, if proceedings are instituted in
the name of such commission as
plaintiffs, issue an order requiring
such common carrier, officer or agent
or person to show cause why such
cOntumacy or refusal should not be
punished as and for contempt, and if
upon the hearing the court finds that