Little Falls transcript., 1891-05-08

son 10 disobeying such writ OF injunction or
other proper process, mandatory or otnes-
wise. to pay such sum OF money, not exceed
ing for each carrier or person IN default the
sum OF i've hundred l5Gn) dollars for every
day, after q day uamed In the order that such
person or carrier shall fail to obey such III
function or other process, mandatory or
otherwise. and such none" shall be payable
as The court shall direct. either to the party
com planning or into CONT 10 ablde the ultl-
n>nts decision Of the cour. or Into the Stste
treasury; and payment thereof may. without
prejudice to auy Otit er mo ie OF recovering the
same, bc enforced by al attachment or order
ri the nature OF writ OF execution. IN i'Se
manner as If the same had been recovered oy
final judgment Or decree In persoham III
such court.
Either ,,arty to any appeal. trial or other
proceeding had in the d strict court pursuant
10 the provisions Of this net shall have the
right Of appeal to the supreme court OF mo
state from any order or judgment oi the us
trio, cuur: under the shlne regulations now
provided by law in relation u appeals TO sa'u
supreme court from orders or ]udSments oi
the district court except thnt on s,lcn up
peals security shall not be required "nen Ine
same is taken BY said commission. and ex-
cept thai the return OF the distrlct conr.
provided for by secnon four (4l. cnapler
eigh.y.six (SG0 General Statutes OF ls?S. may
be tiled in the supreme court at any time be.
fore or during the next succeeding term of
said cnur, after the making OF the ord9r OF
entering the judgment an!eaieh from. anu
sucD appeal shall be entered upon the caiei-
dar and heard BY sa; supreme court upon
such shor. notice 10 the respective parties Is
the court may u"em reasonable, win '!e"
t. speedy determination to the same. so
appeal to the supreme court stall opera'e 70
stay or supersede AL Of1er IN frrre az the
time The appeal Is taken, unless the supreme
court shall. upon application duly mace ana
upon such terms rs il una! deem Just sus-
pend the operation Of the order penulnS INC
appeal hereubeforo provided Tor.
II the matters involved in such ORDER or 70
qujrement Of said commission are toun;.eu
upon controversy which at common law
would enlills the party 10 trial by jury. a.
provided by the seventh amendment to the
constitution Of the United States, or by sec
ton four a., article one ID OF the consutu-
carrier shall violate or lefuso or neglect 70
obey or perform the same, after notice glvep
by Salt! commission as provided ~ suoui'
vision (b) las amended hereby OF sectiou
thirteen UD OF this act II shall be law1nl
for ans company or person interested IN such
order or requirement 10 apply IN summary
way by petition tn The district court OF any
judicial district III this stale III which the
or In which the violation or disobetiience OF
such order or requirement shall happen. Al'
leeing such violation or disohedience, as the
case may be, aud such court shall by its
order then Ak time and place for the trial
OF said cause, which shall not be less than
twenty coy nor more that forty (4o? Gays
from the time Of said order fixing said time
Of trial; aud 1t shall be the duty OF Inc sner-
If Of the county III which such proceeding
is pending to forthwith serve copy OF SAID
petition and OF said order upon the common
carrier complained OF, and Il shall oo tne
duty OF such person or com mon Garner 10 Mo
bis or Its answer to said petition wltnin zen
(l0) days after the service thereof .as aforesaid
Upon the trial Of said cause the findings OF
fact OF said commission as set forth IN Its re-
port shall be prima facie evidence Of the mat
ters therein slated, and II either party, being
entitled to a. trial by jury, as in this act pro.
vided, shall demand a jury. OF shall omit to
waive a jury. the court shall by liz order
direct the sheriff to select, In the presence OF
the parties or their attorneys, from the mum.
Der Of persons qualihed to serve a. Jurors n
the county thirty (3o) suoh persons a. he shall
deem most Indifferent between the parties,
and the complainant or petitioner shall mrs!
strike off one 0f the names SO selected, ana
each shall have struck OFT eight, the sheriff
shall then make a copy Of the names Of the
remaining fifteen (lsl persons and deliver
the same to the clerk OF said oour. who shall
sheriff venire facias win the name.
In said list contained, annexed
thereto. and such sheriff shall summon the
persons named according to the demand OF
such writ; and upon the trial Of the cause
stand upon their panel: and the first twelve
(l2) of them who shall appear and are not
challenged f"r cause, or set aside oy the
court, shall be the jury, and shall be sworn
ceedngs: provided that II a sufficient num-
ber do not appear for the trial Of said cause
the court shall cause l"lesmen to be called a.
III other cases. II the judgment OF dis
trict cn,lrt shall be in favor Of the party COM
planning he or they shall be entitled 70 re-
cover a reasonable counsel or attorneys fees,
which shall be collected as part OF The COSTA
in the case.
penal provisions, the district courts Of this
6nte shall be deemed 10 be always in session.
SEC. 8. That chapter ten (lo) General Laws
of 1881 he aud the same Is hereby amended BY
sec. q. Any of the district courts OF this
state shall have jurisdiction upon the rela-
ton of anv person or persons. firm or cor
poralion. alleging such violation by such
this act. and all nets amendatory thereof as
prevents the relator from having traffic
moved by said common carrier at the same
rntes as are charged, or upon terms aud con-
ditions us favorable d those given By said
common carrier for like traffic under similar
conditions TO any other shipper. 10 issue
writ Of mnndamus 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
nothing in this act shall be construed as re-
pealing or modifying subdivision B of Soc
ton OF chs pter 10 OF the General Laws OF
Provided, That ii any question Of fact ~ to
the proper compensation to the common car
ricr for the service 10 be enforced bI the writ
IL raised by the pleadings the writ Of per
emptUry Eulr1aS7 US may issue notwi,hstand
ing such question Of fact Is uuje.ermined,
upon such terms as to security. payment OF
The money Into court, Or otherwise. as tho
court may think proper pending the deter
minntion Of the question of fact:
Provided, That the remedy horehy given
By writ Of mandumus shall be cumulative,
and shall not be held to exclude or interfere
Of any act amendalory thereof.
SEC. g. That section twenty-five Co) OF
chapter ten (lO) Of General Laws Of 1857 be
and the same is hereby made section twenty
tour (24) Of said chapter.
SEQ. Z. All acts or parts Of acts incon-
sistent herewith are hereby repealed.
SEQ. s. This act shall take effect and b in
force from and after its passage.
Approved April is, 1891
CHAPTER 107-H. r. no. q.
Of chapter thirly-six 1857 Of the General
Statutes Of 1875 as amended III chapter Al
Of Genera, Laws of 1887.
Be Il enacted by the legislature Of tho State
OF Minnesota:
SECTION i. That provision mrs, of section
seventy-uine (70) Of chapter thirty-six 1867
Of the General Statutes Of 1878 as amended
in chapter forty.ons (4l Of General Laws Of
1857. be amended to read AZ follows;
Provided first that 10 district shall r.
ceive from The apportionmen. in any given
priated by the district from Its special tax
and local one ~ mill tax levicd in that