St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-31


said carrier shall be relieved of liability to
the complainant only for the particular vio-
lation of law thus complained OF. If such
common carrier shall not satisfy the COM
plant within the time specified, and if it
shall appear to the commission that there Is
q reasonable ground for investigating the
matter set out i'll said complaint the commits
sion shall name q time and place when
and where q hearing will be mad before the
commission of the matter complained Of.
Notice of all hearings before the commits
sion, not only under this section, but under
all other sections of this act where hearings
are contemplated, shall be given by the COM
mission or by the secretary of said commits
sion by causing 10 be mailed TO the complain-
ant in the case a copy of the notice of such
hearing at his reputed place of residence,
postage prepaid, at least ten Q0) days before
the day named as the day of hearing III SAID
notice. and also by causing copy OF such
notice Of hearing to be mailed at least ten
Q0) days before the day named as the day OF
hearing III said notice, properly directed,
postage prepaid, to any division superin-
teudent, general or assistant superintendent,
general manager, president, vice president
or secretary of the common carrier com
planned of at that place in the state of MIN
nesota where the main business Of such CON-
mon carrier is transacted.
Provided, That whenever the complainant
or common carrier has appeared bv an at
torney, thereafter such service may be made
upon such attorney. Such service shall be
taken and held in all cases to be a legal serV-
ice; appearance i'll any case Shall be taken
and deemed as q waiver of any defect in the
notice OF such hearing or any irregularities OF
the service thereof.
No complaint shall at any time be dis
missed because of the absence of direct dam
ages to the complainant, and for the pur-
pose of this act the commission shall have
power to require the attendance of wit
nesses and the production of all books,
papers, contracts, agreements and docu-
mentS relating to any matter under investi-
cation, and to that end may invoke the aid of
any court OF this state in requiring the at :
tendance of witnesses and the production Of
books, papers and documents uuder the pro-
vision of this act.
How Appeals Are HEade.
Sec. g. That subdivision (d) of section 15.
chapter 10 of the General Laws of 1887 be
stricken out and the following be aud the
same is hereby substituted, to wit:
(d) Any railroad company or common car
rier affected by any order of the commission,
except administrative orders, made pursuant
to section ten Q0) of chapter ten Q0) of the
General Laws of 1887, may at any time with
in the period of thirty days after the service
of it upon him or it of such order, appeal
therefrom to the district court of any Judicial
district through or into which his or it's
route may run, by the service of a written
notice of such appeal on some member or the
secretary of sucn commission.
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 the
district court, there shall then be pending in
such district court civil action of the char
acter, and for the purposes mentioned in sec
tiOns eight (S), eleven I'D and fifteen Q5l Of
chapter ten QG) of the General Laws of 1857
as amended by this act.
Upon such appeal, and upon the hearing
of any application by the commission, or by
the attorney general for the enforcement Of
any such order made by the commission, the
district court shall have jurisdiction to, and
it shall, examine the whole matter i'll cOntro-
M llidI nf &c @ q
questions of law, and to Gthrm, modify or re-
verse such order in whole or in part as JUS
tice may require; and in case of any order be-
ing modified, as aforesaid, such modified order
shall, for all the purposes contemplated by
this act, stand i'll place of the original order
so modified. and have the same force and eff
feet throughout the state as the orders OF
said commission.
No appeal as aforesaid shall stay or super
cede the order appealed from unless the
court hearing and deciding such case upon
application and notice to the other party
shall so direct The remedies herein pro-
vided for shall be in addition 10 all existing
legal and equitable remedies.
sec. 4. That chapter ten (0) OF the Cen
eral Laws of 1887 be and the same is hereby
amended by adding thereto the following
section, to wit:
Sec. ~. That whenever any common car
rier, as defined in and subject to the provis-
ions or this act, shall violate or refuse or neg
lect o obey or perform any lawful order or
requirement of the commission made under
the provisions of this act not founded upon
a controversy recurring trial by jury, as
provided by the seventh amendment TO the
constitution of the United States, or as pro-
vided by section four (4) OF the constitution
OF this state. it shall be lawful for the com
mission, or for any person or company inter-
eSted in such order or requirement., to apply
in q summary way by petition to any district
court in any county in this state in which the
carrier complained of has its principal office,
or III any county through or into which it's
line OF road extends, alleging such violation
or disobedience. as the case may be; and the
said court shall have power to hear and de-
termine the matter on such short notice to
the common carrier complained of as the
court shall deem reasonable: and such notice
may be served on such common carrier, his
or its officers agents or servants. in such man
ner as the court may direct; and said court
shall proceed to hear and determine the mat
ter speedily. and without the formal plead
ings and proceedings applicable to ordinary
suits further than is necessary in the judg
ment of the court to clearly define the issues
between the parties and i'll such manner as
to do justice i'll the premises; TO this END the
court shall have power, II 1t think ht, TO dl-
rect and prosecute in such mode, and by such
persons as il may appoint, all such inquiries
as the court may think needful to form a
| just judgment in the matter of such petition,
and on such hearings the finding Of fact N
| the report of said commission shall be prima
| tacie evidence of the matters therein stated;
| and if 1t be made to appear to such court, on
| Such nearing or on the req Ort OF any person
| or persons. that the lawful order or require
ment of said commission drawn in question
| has been violated or disobeyed it snail be-
| lawful for such court to issue a writ of in
| junction or other process, mandatory or 9TH
! erwise. to restrain such common carrier from
| further continuing such violation or DISC
bedience of such order requirement Of said
| commission, and enj0ining obedience TO the
same; and in case of any disobedience OF
any such writ of injunction or other proper
process, mandatory or otherwise, ii shall
! be lawful for such court to issue writs of at
tachment. or any other process OF said court
| incident or applicable to writs Of injunction
| or other proper process mandatory or other
| wise, against such common carrier. and il q
| corporation, against one or more of the di-
| rectors, officers or agents of the same, or
against any owner, lessee, trustee, receiver or
! other person failing to obey such writ Of in
| junction or other process. mandatory or other
wise; and said court may, if it shall think
| fit. make an order directing such common
| carrier or other person SO disObeying such
writ of injunction or other process, manda-
| tory or otherwise. to pay such sum of money,
not exceeding for each carrier or person in
default the sum of five hundred $500 dollars
| for every day, after day named in the order,
that such person or carrier shall fail TO obey