New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-04-29

son disobeying such writ Of Injunction or
other proper process, mandatory or other.
wise, TO pay such sum OF money, not exceed
ing tor each catfrcr or person In default the
sum Of i've hnJ.d (h01) dollars for every
DAY, after II day named In the order that such
person or carrier shall fail to obey euch in
Junction or other process. mandatory or
otherwise and such money snail be payable
rs The court Shall direct, either to the party
Complaining or into court, to abide the ul!i-
mate decision OF the court or into the state
treasury; aud payment thereof may, without
prejudice to any other mo lie OF recovering tho
hanc, De enforced by ell attachment or order
III the nature OF A writ OF execution, In like
'niilneC q, If the same bad been recovered by
unal Judgment or decree Ia pecsonam IN
such court. .ia5%
EITHER ..arty to any appeal, trial or otnsr
proceeding had Ia the district court pursuant
to tho prov lsiols Of this act shall have the
right OF appeal TO the supreme court OF the
D. t. from any order or Judgment OF the ais
Nlcl cOur. under the same regulations now
provided by law In relation TO appeals TO sala
She district court EXCEPT thai on such ap-
peal> security shall not be required when the
same is tak"u by bNid commission. ana e&-
ccu; that the return Of the district court
provided for by secnOu four ~, chapter
etEhty.Six (s6) General Statutes OF 1875. may
Dc MED IL the supreme court at any llae oei
1oTc or during the next succeeding term OF
said court afte! the making OF the order or
Euun arreal shall be entered upon the calen.
Gar and heard by sid supreme court upon
such short notice 10 tie respective pafNcs az
tho court may diem reasonable. with view
10 speedy discrimination to the same. NO
appeal to the supreme court s'isll operate 10
stay OF superSede an order IN 1nfcs AT the
time the appeal il taken, unless the supreme
couT shall, upon application auly na05 ana
upon such terms as Il may deem just. sun
pend the operation Of The order penang the
GpDrM hereinbCfure provided Tor.
If tho matters Involved III such order OF re-
quiremeru Of snid commission arc Sounded
upon u controversy which AZ common NV
would enti;la the party TO lr!ssl u! july, ae
provided by the seventh amendment 10 inc
constitution Of the Urited States. or by sec
EUn Inur a., article one ~ OF the consI4tu'
ton OF this state, and any such common
carrier SHAH violate Or refuse Or ne.iecs 70
obey Or perform the same, after notlco gwen
by sAlt: commission. rs PROVIDED II! aundl-
VISION on tas amended beGepy) OF eecllou
thirteen GH) OF this act IL shalt 0c l."lul
10" hnv con- pAny or person interested IN suen
order or requirement to apply IN summary
way by petition 10 the district court or any
jUU!r!ni district in his state il Mhich sne
Corrtcr cIll!,,ntued OF has its principal ONCE
or in wE.ch the violation or dlaoheaehce 81
such order or rec uiTeTnent shall happen, OIL
legius s;tch violation or disotedAeuc9, as the
case may be, and such court shall oy lt3
GrGcr thea liz a ZINE and place Tor the tr1ai
Of sud cause, " hCh shall not To less tnan
twenty (2W nor more that forty C4o} days
from the Zine of saG order 1Ai1g SAID tlms
OF Iritll and it Shall be the duty OF The sher-
If of the county III which such proceeding
Is pCt4Gi!" to forthwith serve copy or SAID
petition and OF snid order upon the common
carrier complained Of, and l: snail be tho
duty Of such person OF common carrier 70 no
hi, or itH answer 70 said petition within ten
llO> days after the service thereof, as aforesaid
tpon TIC trial Of said cause the findings OF
fact Ct said commission as set forth IL 1ts re-
DOrt thA!l be prime. fAcie evidence Of The mat.
F4rS at. + being
entitled to q trial By jury, rs In lhl6 act pro-
eidcd shall demand a jury, or shall omit to
waive Jury, the court shall BY It's nfaef
6rcc: the sheriff to select, in the presence Of
the pnrlies or their attorneys, from the mum
Der OF perSCrs qualified to serve as Jurors in
the county thirlv(30) such persons d. he shall!
deem most Indifferent between the parties,
ami the com p0irant or petitioner shall first
strife ca one Of tho rsmos so selected and
the opposite party sail strike OFT one until
enLh shall haze suAck OFT eight, the sherry
shall lli,'u make copy OF the naInes Of the
geln'dn'ue hfteen Q5l persons ana deliver ,,
sherevpon issue and deliver to such
shertt o venlre tac!as with ito names
= n t.,ett- lss continued annexed
thereto, ana lttGh sheriff siiIaH summon tho
persons named, according TO tho csnaa1d OF
such writ; and upon the trial Of the cause
the jury 50 selected shall be called ss they
etaud upon their panel, and tho drst twelve
Q2l Of them who shall appear and are rot
court, small be tho jury, and shall DO sworn
70 try the issues Joined in said cause or pro-
seedlings; provided. that II a sufficient mum
Der do not appear for tho trial Of said cause
the court shall cause l0lssmen to be called as
III other cases IL the judgment OF dis
trlcl court shall be In favor Of the party com
planning he Or they shall be entitled 10 re-
cover reasonable counsel or attorneys fees.
which snnll be collected as pars OF the cossa
III the case.
For the purpose OF this ACT, excepting 1ts
penal provisions, the district courts Of this
state shall be deemed to be always In session.
SIC. >. That cha pter ten U0) General Laws
of 1881 ue and the same Is hereby amended by
adding thereto the following section. to Wit :
sec. -. Any of The district courts Of this
state shall have Jurisdiction upon the rela-
t1"n of anv person or persons, tirm or COT
QordtiOu, alleging such violation by such
common carrier Of any OF the provisions OF
this net and all acts Gme udat0ry thereof. as
prevents the relator from having traffic
n!U' ed by saii common carrier at the saue
rates as Il re charged or upon terms ard con
ditlons Is favorable ea those given by said
common carrier for like trafiic under similar
conditions to any other shipper. 10 Issue O
Wrlt of maNGAmus against said common car
Eier demanding sucH common carrier 10 move
or TRANSPORT the traffic, or to furnish cars or
other facilities for transportation for the
parry applying for the writ; provided, that
Duihing III this N"t shall be construed RS re-
penllig or modifying subdivision 4 Of sec
lion OF CIV pter 10 Of the General Laws OF
1851.
Provided, That II any question of fact rs to
the proper compensation to the common car
rier for the service to be enforced by the writ
Is raised Us the rleadings the writ of per
emptury mnntlainuS ulNy iSSile Dotwithstand-
ing suCh question OF fact is uMdseruine
upon such terms as TO security, payment OF
the money INTO court or otherwise as tho
court may think proper pending tho deter.
IniuntOn of the question of fact;
Provided, Tint the remedy hereby given
by writ Of mnndamus shalt be cumulative