Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-11
THE LAWS.
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of witnesses or other evidence.
that anything has been done or omitted to
be done by any common carrier, in viola
ton of the provisions of this act or to any
law cOgnizable by said commissioners, or
that any injury or damages has been sus-
tanned by the party or parties complaining,
or by other parties aggrieved in conse-
quence of any such violation, it shall be
the duty OF the commissioners to forthwith
cause a copy of its report in respect thereto
to be delivered to such common carrier, to-
gether with a notice to said common car
rier to cease and desist from such violation
found to have been done within a brief and
reasonable time, to be specified by the
commissioners; IN if within the time
specified it shall be made to appear to the
commissioner 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 satisfaction of the party complain
ing, a statement to that effect shall be en-
tered OF record by the commissioners, and
the said common carrier shall thereupOn
be relieved from further liability or penal
ty for such particular violation of law.
(cl But if such common carrier shall
neglect or refuse, within the time specified,
to desist from such violation of law, and
make reparation for the injury done in
compliance with the notice and report of
the commissioners as aforesaid, it shall be
the duty of the commissioners to forthwith
certify the fact of such neglect or refusal,
and forward a copy of its report and such
certificate to the attorney general of the
state for redress and punishment as here
inaftpr nrOVi6p1-
SEC. 10. (a) That it shall be the duty
Of the attorney general to whom said com
miSsiOnerS may forward their report and
certificate, as provided in the next preced-
ing section of this act, when it shall ap-
pear from such report that any injury or
damages has been sustained by any party
or parties by reason of such violation Of
suit to be BROUGHT in the district court
in the judicial district wherein such viola
ton occurred, on behalf and in the name
of the person or persons injured, against
such common carrier, for the recovery of
damages for such injury as may have been
sustained by the injured party; and the
cost and expenses of such prosecution shall!
after provided for for the uses and pur-
poses of this act.
(b) And the said court shall have power
to hear and determine the matter on such
short notice to the common carrier COM
planned Of as the court shall deem reason
able; and such notice shall be served on
such common carrier, his or its officers,
agents or servants, in such ann as the
court shall direct: and said court shall pro-
coed to hear and determine the matter
speedily, and without the formal pleading
and proceedings applicable to ordinary
suits in equity; but in such manner as to
do justice in the premises, and to this end
the court shall have power, if it thinks fit,
to direct and prosecute in such mode and
by such persons 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. And on such
hearing the report of said commissioners
shall be primu fdcie evidence of the mat.
tiers therein stated.
(c) And it it be made to appear to such
court, on such hearing, or on report OF any
person or persons, that the lawful Or
der or requirement OF such commissioners
drawn in question, has been violated or
disc. eyed, it shall be lawful for such court
to issue a writ of Injunction, or other
proper process mandatory or otherwise. to
restrain such common carrier from further
continuing such violation or such dlso-
bedience of such order or requirement of
said commissioners, and enjoining Obedi-
ence to the same; n in case of any dis
obedience of any such writ of injunction
or proper process, mandatory or otherwise,
it shall be lawful for such courts to issue
Wrlts OF attachment. or any other process
of said court incident or applicable to writs
of injunction or other proper process, man
datory or otherwise, against such common
carrier; and If q corporation, against one
or more of the directors, officers or agents
of the same. or against any owner, lessee,
trustee, receiver or other person failing to
obey such writ of Injunction or
other proper process, mandatory or
otherwise; and said court may, if it
shall think fit, make IN order directing
such common carrier or other person so
disobeying such writ of injunction or other
proper process, mandatory or otherwise, to
pay such sum OF money not exceeding [forl
each carrier or person in default the sum
of five hundred (500) dollars for every day
after a day to be named in the order. that
such carrier or other person shall fail to
obey such injunction or other proper pro-
cess, mandatory or otherwise; and such
moneys shall be payable as the court shall
direct either to the party complaining, or
into cour to abide the ultimate decision of
the court. and payment thereof may, with
out prejudice to any other mode of recover
ing the same, be enforced by attachment or
order in the nature of a writ of execution,
in like manner as if the sam had been re.
covered by a final decree in personGm in
such court. Either party to such proceed
ing before said court, may appeal to the
supreme court Of the state, under the same
regulations now provided by law in re-
spect to security for such appeal; but such
appeal shall not operate to stay or SUPER
sede the order of the court or the execu-
ton of any writ or process thereon, unless
the court hearing or deciding such case
should otherwise direct; and such court
may, in every such matter, order the pay
ment OF such costs and counsel fees as shall
be deemed reasonable.
(d) In case the attorney general shall
not within a period Of ten (10) days after
the making Of any order by the commls-
sioners, commence judicial proceedings for
the enforcement thereof, any railroad
company, or other common carrier affected
by such order, may at any time within the
period of thirty (30) days after the service
OF it upon him or it of such order, and be.
fore commencement Of proceedings, appeal
therefrom to the district court of any Judi
cial district through or into which his or
its route may run, by the service of a writ
ten notice of such appeal upon some mem
Der of such commissioners. And upon the
taking of such appeal, and the filing of the
notice thereof, with the proof Of service, in
the office Of the clerk Of such court, there
shall be deemed to be pending in such
court a civil action of the character and for
the purpose mentioned in sections eleven
(11) and fifteen (l5) of this act. Upon such
appeal, and upon the hearing Of and ap-
DlicatiOn for the enforcement Of anv snch