St. Paul daily globe., 1891-03-31
HOMPE'S BILL GOES.
Continued From E7;rs, Page.

Continued From First Page.
such Injunction or other process. mandatory
OF otherwise. and sucn money shall be pay
able as the court shall direct, either to the
party complaining or into court, 10 abide the
ultimate decision of the court. or into the
state treasury and payment thereof may,
without pTejudlce TO any other mode OF ie-
covering the same, be enforced 10y an attach
ment or order III the nature of n writ of exc
cuton, in like manner as if the same had
been recovered by final judgment or decree
il personam in such court.
Supreme Court Appeal.
Either party to any appeal, trial or pro
ceedlng had in the district court pursuant to
the provisions of this act shall have the
right Of apueal to the supreme court Of the
state from any order OF judgment Of The dis
trict court under the same regulations now
provided by law i'll relation 10 appeals TO
said supreme court from orders OF judgments
of the district court, except that upon such
appeals security shall not be required when
the same is taken by said commission, and
except that the return of the district court
provided for by section (D, chapter eighty
SIX $50. General Statutes of 1873. may be
fled in the supreme court al any time before
or during the next succeeding tern OF said
couIt after the making CT the order or enter
ing the judgment appealed from, ana Such
appeal shall De entered upon The calendar
and heard by said supreme court upon such
short notice to the respective parties as the
court may deem reasonable with view TO
speedy determination TO the same.
No appeal 10 the supreme court snail oner
ale 10 stay or supersede an order IN force
at the time the appeal is taken unless the
supreme court shall upon Application duly
made and upon such terms as it may deem
juStsGspend the operation of the order pend
ing The appeal heIeintofore provided tor.
If the matters involved in such order or
requirement of said commission are founded
upon controversy which at common law
would enlitle the party to a trial by jury, as
provided for by the seventh amendment 10
the constitution Of the United States, or by
section four -. article one % of the con-
stitutiOn of this state. and any such common
carrier shall violate or refuse or neglect TO
obey or perform The sane, after notice given
by said commission as provided i'll SUBDIVISION
(h) (as amended hereby OF section thirteen
ID of this act it shall be lawful for any
company or person Interested IN such order
or requirement 10 apply in a summary way
by petition 10 the district court of any ju-
dicial district in this state III which the car
Tier complained of has its principal oLlce. or
in which the violation or dlSoCedlence OF
such order or requirement shall happen,
alleging snch violation or disobedlence as
the case may be: and such court shall by its
order then tx a time and place for the trial
of said cause, which shall not be less than
twenty nor more than forty 90 days from
the time of said order fixing SAID time OF
trial; and il shall be the duty of the sheriff
of the county in which such proceeding is
pending TO forthwith serve copy of said pc
tition. and Of said order. upon the common
carrier complained Of, and it shall lie the
dIty of such person or common carrier TO
file his or its answer to said petition within
ten days after the service thereof as aforesaid.
Upon The trial of said cause the findings OF
fact of said commission set forth in its report
Shall be prima faCie evidence OF the matters
therein stated; and II either party, Gelng en-
Titled TO trial by jury, as in this act pro-
Vided. shall demand a jury, or shall omit 10
waive jury. the court shall by its order dl.
rect the sheriff TO select, III the presence OF
the parties or their attorneys. from the num-
Der of persons qualified to serve as jurors in
the county thirty such persons as he shall
deem most Indifferent between the parties,
and the complainant, or petitioner, shall
first strike off ore OF the names so selected.
and The opposite party shall strike off one.
until each shall have struck oil ei9ht; tie
Sheriff shall then make Il copy OF the names
of the remaining fourteen persons and deliver
the same 10 the clerk OF said court, who shall
thereupon issLe and deliver 10 such sheriff
Venire facias. with the names i'll SAID list con
tanned annexed thereto, and such sheriff
shall summon the persons named. according
10 the demand OF such writ; and, upon The
tIial OF Ihe cause, the jury so selected shall
he called as ihey stand upon the panel. ana
the first twelve of them who shall appear
and q not challenged for cause, or set aside
by tie court. shall be the jury. and shall be
sworn 10 try The issues joined in said cause
or proceedings: provided, that If a sufficient
number 90 Tot appear Tor the trial Of said
cause, The court shall cause talesmen to be
called a. in other cases. If the judgment OF
the district court shall be in favor of the
larty complaining. he on they shall be en-
tilted TO recoVera reasonable counsel. or at
tuIneys. fees which shall be collected as
part Of tie costs in the case.
tOr the pUTpGSe Of this act. excepting It's
penal provisions, the district courts OF this
s;ate shall he deemed to be always in session.
Courts OF Jurisdic5iOn.
see. :. Than chapter ten (lO, General
Laws Cf 1sS7. lie and the same is hereby
amended 10y adding the following section,
10 Wit:
sec. %. ANY Of he district courts of this
stare shall have jurisdiction upon the rela-
ti0n OF any person or persons. firm or cor
poration. alleging such violation by such
common carrier of any Of the provisions OF
this act and all acts ameHdatory thereof as
prevents the reiator from having traffic
moved by said common carrier at the same
rates as are charged, or upon terms and con-
dltions as favorable as those gwen 10y SAID
common carrier for like traific under similar
conditions to any other shipper, TO issue
writ of mandamus agail 81 said common car
Iier demanding such common carrier to
move o. transport the traffic or to furnish
cars or other facilities for transportation for
the party applying for the writ;
Provided. That # any question Of fact as
to the proper com sensation to The common
carrier Tor the service to be enforced by the
writ is raised by the pleadlngs. the writ OF
peremptory mand&mus may issue notwith-
standing such question OF fact is undeter-
mined upon such terms as TO security, pay
lnent Cf the money into court, or otherwise,
as the court may think proper, pending the
determination Of the question Of fact;
Provided. That the remedy hereby given
by writ Of mandamus shall lie cumulative
ard shall not he held TO exclude or interfere
with ether remedies provided by this act or
of any act amcndatCrv thereof.
see. t. That section twenty-five (22) of
chapter ten U0) Of the General Laws of 1887
he and the same is hereby made section
twenty-four 2N of said chapter.
Sec. :. All acts or parts OF acts incon-
sistent herewith are hereby repealed.
See 5. his act shall take effect and be in
force from and after its passage.