St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-31
HONPE'S BILL GOES.
Continued Frotp First Page.

Continued From First Page.
such Injunction or other process. mandatory
or otherwise. and such money shall be pay
able as the court shall direct, either to the
party complaining or into court. TO abide the
ultimate decision of the court. or into the
state treasury; and payment thereof may,
without prejudice to any other MODE OF ie-
covering the same, be enforced by an attach
ment or order III the nature of writ OF exc
cution. in like manner as if the same had
been recovered by a final judgment OR decree
IN 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 tie
right of appeal 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 to appeals 10
said supreme court from orders or 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 %, chapter eighty
SIX (S6). General Statutes or 1893 may be
fled in the supreme court at any time before
or during the next succeeding tern OF said
count after the making CT the order or enter
ing the Judgment appealed from. and 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 a view TO n
speedy determination TO the same.
No appeal 10 the supreme court shall 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 1t may deem
- juSt.sGSpend the operation OF the order pend
ing The appeal heTeintofore provided for.
If the matters involved in such order or
requirement of said commission are founded
upon a controversy which at common law
would entiue the party to trial by jury, as
provided for by the seventh amendment TO
the constitution of the United States, or by
section four a.. article one 0( OF the con-
stitution of this state. and any such common
carrier shall violate or refuse or neglect TO
obey or perform the same. after notice gwen
by said commission as provided i'll subdivision
(h) (as amended hereby OF section thirteen
ID of this act, 1t shall be lawful for any
company or person interested IN such order
or requirement 10 apply i'll summary way
by petition 10 the district court OF any Ju-
dicial district in this state in which the car
rier complained of has its principal Office, or
i'll which the violation or dlSocedlence OF
such order or requirement shall happen,
alleging snch violation or disobedience as
the case may be: and such court shall by It's
order then Tx q time and place for the trial
of said cause, which shall not be less than
twenty nor more than forty (4Ol 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 a copy of said pc
ttion, and Of said order. upon the common
carrier complained OF, and 1t shall lie the
duty 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 if either party, Being en-
Titled 10 trial by jury, as in this act pro-
Vided. shall demand a jury, or shall omit 10
waive a jury. the court shall by its order dl-
rect the sheriff TO select, IN 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 omplalnant, or petitioner, Shall
first strike off one OF the names so selected,
and the opposite party shall strike off one
until each shall have struck off eight; the
Sheriff shall then make copy of the names
of the remaining fourteen persons and deliver
the same 10 the clerk OF said court, who shall
thereupon issue and deliver TO such sheriff
Venlre facias. with the names in said list con-
tanned annexed thereto, and such sheriff
shall summon the persons named, according
TO the demand OF such writ; and, upon the
trial OF The cause, the jury so selected shall
be called as ihey stand upon the panel, and
the first twelve of them who shall appear
and q not challenged for cause, or set aside
by the 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 GO rot appear for the trial OF SAID
cause, The court shall cause talesmen to be
called. as i'll other cases II the judgment OF
the district court shall be in favor OF the
uarty comp aiming, he or they shall be ell
titled to recover Il reasonable counsel. or at
tOrney's fees, which shall be collected as
part of tie costs in the case.
tOr the purpose OF this act. excepting It's
penal provisions. the district courts Of this
state shall be deemed To be always in session.
Courts OF Jurisdiction.
Sec. > THAI chapter ten 90. General
Laws Cf 1887. be and the same is hereby
amended by adding the following section.
10 wit:
See. %. ANY Of The district courts of this
stare shall have jurisdiction upon the rela-
ton 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 amendatoTy thereof, as
prevents the relator 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 given 10y said
common carrier for like traffic under similar
conditions to any other shipper to issue
writ of mandamuS against said common car
rier demanding such common carrier to
move or 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 compensation to the common
carrier for the service to be enforced by the
writ is raised by the pleadings. the writ Of
peremptory mandGmus may issue notwith-
standing such question OF fact is undeter-
mined upon such terms as TO security, pay
lnent Of 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 be cumulative
and shall not be held to exclude or interfere
with other remedies provided by this act or
of any act amendatGry thereof
Sec t. That section twenty-five (22) of
chapter ten Q0) Of the General Laws of 1887
be and the same is hereby made section
twenty-four (24) of said chapter.
Sec. Z. All acts or parts or acts incon-
sistent herewith are hereby repealed.
See s. I his act shall take effect and be in
force from and after its passage.