St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-03-30

10 enange the same, and adopt such rate,s
rare, charge or classification as said
commission shall declare to be equal
and reasonable. TO which end the COM
mission, shall, i'll writing, inform such
common carrier in what respect such
tariff OF rates, fares, charges or classifi-
cations are unequal or unreasonable,
ana snail recommend what tariffs shall
DE substituted therefor. (f) In case such
common carrier shall neglect or refuse
Tor ten days after such notice to Substi-
tute such tariff of rates, fares. charges
OF claSslticationS or to adopt the same
as recommended by the commission, it
snail be the duty OF said commission to
immediately publish such tariff ofrates,
fares. charges and classifcations as
they had declared to be equal and
reasonable, In one or mere newspapers
published in the county or counties
through or into which the road or
line may run, upon which the changes
so recommended by the commission are
to take effect. The newspapers in
which such publication shall be made
Subject to the above condition that
they shall be published in the county or
counties through or into which such
road or line of road may rum and the
duration of time which such notice shall
be published shall be in the discretion
OF the commission; but the tariff OF
rates, fares, charges or claSSificationS
recommended by the commission shall
be in full force and effect from and
after the expiration of ten days from
the service upon such common carrier
OF the notice in writing required by sub
division (e) of this section, without re-
gard to the publication authorized by
this 81 subdivision; and after the eX-
pIratlon of ten days from the service of
such notice in writing upon such COM
mon carrier it shall be unlawful for such
common carrier to charge or maintain
higher or lower rate, fare, charge OF
classification than that so fixed and pub
llShed by said commission. {g) Ii any
common carrier, subject to the provis-
ions of this act. shall neglect OF refuse
to publish or file its schedules of class
1hcatlonS, rates, fares or charges, or any
part thereof, as provided in this section,
or ii any common carrier shall refuse or
neglect to carry out such recommended
ton made and published by said COM
mission, or shall refuse or neglect to
publish such tariff or rates, fares,
charges or classificatiOns as the commits
sion shall have declared to be equal and
reasonable, and cause the same to be
posted at all regular stations on the line
or lines of its road within this state,
it of the written notice required i'll sub
division e of this section, such COM
mon carrier shall be subject to writ
of mandamus, to be issued by the SUI
preme court or any judge thereof, or the
judge of any district court, and such
supreme court or such district court,
without jury, shall have full power to
hear and determine the same, and all
matters therein involved, upon applica-
ton of the commission, to compel COM
pliance with the requirements of this
section and with the recommendation of
the commission; and failure to comply
with: the requirements OF said writ Of
mandamus shall be punishable as and
for contempt; and the said commission,
as complainant, may also apply to any
such judge for a writ of injunction
against such common carrier from re-
ceiving or transporting property or pass
engerS within this state until such COM
mon carrier shall have complied with
the requirements of this section and the
recommendation of said commission;
and for any willful violation or failure
to comply with such requirements OF
such recommendations of said commits
sion, the court may award such cost, in
Guiding counsel fees, by way OF penalty
on the return Of said WritS, and after
just.
Sec. 9. That in any case any common
carrier, subject to the provisions of this
act, shall do, or cause to be done, or
permit to be done, any act or thing in
this act prohibited, or declared to be
unlawful, or shall omit to do any act,
matter or thing in this act required to
be done, such common carrier shall be
liable to the person or persons, party or
parties injured thereby, for the full
amount of damages sustained in conse-
quence of any such violation of the pro-
visions of this act, together with reas-
enable counsel or attorneys fee, to be
fixed by the court in every case of re-
covery, which attorneys fee shall be
taxed and collected as part of the costs
in the case.
There are nine other sections in rela-
ton to the railroad commission, and the
whole bill exhibits thorough grasp of
the matter which it is proposed to be
legislated upon. The measure has al
ready secured the Endorsement of the
senate railroad committee, and was re-
ferred to the judiciary committee,
which will decide the legal aspect of
the bill.