The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1891-05-07
within the time specified by the commission,

the matter, Of which at least ten GO} d9ys
notice shall be given to the Complainant anl
t tie cIlnhnon carrier complained of; such no
ice ti snail be served either by mailing COP,
tnereof TO some general officer of such com
no carrier. or personally by some person
o' For iha 20 n' no 80 by the commission
cornr,t me purpose OF such investigation the
commission co shall have the power to require
the attendance Of witnesses and the produc-
uon or all books, papers, contracts. agree
nlehts ana documents that relate to the mat
INVOKE the aid Of any court In this state re-
curing the attendance of witnesses and the
productlon OF books papers and documents
UNDER the provisions Of this section.
Witnesses may be introduced and evidence
the commission
After due consideration by the commission
OF all the evidence produced al such hearIng
or hearings, the commission shall MAKE 1t5
report In writing TO the complainant and 10
the common carrier complained Of # the
t .arll OF rates, fares, charges and classical
uons SO complained of shall be found bv the
evidence to be unequal or unreasonable the
commission shall state wherein they are IN
eeaual or unreasonable, and shall make tar
IN or rates, fares, charges and classifcaLoDg
W hich shall be substituted for the tariff com
planned of.
Such tariff of rates. fares, charges or clssst-
hcations, SO made by the commission, shall
De deemed and taken in all courts Of this
STATE as prima facie evidence that the tarif
OF rates, fares charges or classifcations So
mace Is equal and reasonable, and such tariff
SO mace snail be in fun force and effect dur
ing the tendency of any appeal that NAV be
taken in the matter to the courts
~ In case such common CARRIER shall
neglect or refuse after the time for appealgs
hereinafter provided has expired, to adopt
considerations, so made by the com
mission. it shall be the duty OF the
commission to publish such tariff OF rgtas
h tares' eharees and classifcations as they
such manner as the commission shall deem
expedient and that thereafter it shall be mn
ia"1ul for such common carrier to charge or
maintain higher Or lower rate fare. charge or
clasS!ncation than that so fixed By said com
mission: unless and until court Of compe.
| tent jurisdiction shall have otherwise or.
| dered and decreed
SEC. q That section thirteen G3) Of said
| chapter ten G0) of General Laws Of 1897 he
amended by striking out subdivision ~ and
substituting therefor the following, to wit:
tp) Whereupon a statement Of the charges
SO made shall be forwarded by the commits
sion TO such common carrier, who shall be
called upon to satisfy the complaint or 10
ans answer the same in writing within g reason
able time. to be specified by the commission
ana to serve copy Of such answer upon ths
complainant. If such common carrier, with
IN the time specified, shall make reparetton
for the injury alleged to have been done,
said carrier shall be relieved OF liability to
the complainant only for the particular 7io-
Iauon OF law thus com planned of. Il
such common carrier shall not satisfy the
complaint within the time specified, and if
1t shall appear to the commission that there
is reasonable ground for investigating the
matter set out ia said complaint, the com
m ms nc. shal1 name TINE and place when
and where hearing viii be had before the
commission ia the matter complained Of.
Notice OF all hearings before the commits
sion not only under this section, but under
are contemplated, shall be given by the com
mission or by the secretary OF said commits
SION by causing to be mailed to
Of the nooe IF II ' lseh case
his reputed place Of residence, postage
prepaid, at least ten (1o) days before the daE
named as he day Of hearing in said notice,
hearing to be mailed. at least ten (I0} DAYS
before the day named as the day Of hearinc
IN sac notice. properly directed. postage
prepaid, to any division superintendent gen
eral or assistant superintendent, general
manager. president vice president or secre-
tary of the common carrier complained of. at
the place in the State Of Minnesota where
the main business OF such common carrier liz
transacted.
Provided. That whenever the conplainans
or common carrier has appeared by al attor-
ney. thereafter such service ma! be made
upon such attorney. Such service shall be
taken aud held in all cases to be q legal
service; appearance in any case shall be
taken and deemed q waiver Of any defect II
the notice Of such hearing, or any irregulari-
ties of the service thereof.
No complaint shall at any time be dis
missed because Of the absence Of direct dam
ages to the com plsinant and for the purpose
of this act the commission shall have power
to require the attendance of witnesses AMI
the production Of all books, papers. con
tracts agreements and documents relating 10
any matter under investigation ard tc that
end mayinvoke the aid of any court Of this
state in requiring the attendance OF wiz
nesses and the production Of all books, pa
pers,. contracts, agreements and documents
relating to any matter under investigation,
under the provisions of this act.
SEC. 3. That subdivision az Of section
fifteen (15l. chapter ten Q0) of the General
Laws OF 1887 be stricken out and the Eol-
lowing be, and the same is hereby substi-
tuted. to wit:
(d) Any railroad company or common car-
rler affected by any order Of the commission
except administrative orders made pursuant
to section ten (1O) of chapter ten QN) Of the
General Laws of 1887. may at any time within
the period of thirty days after the service Of
it upon him or it OF such order, appeal there
from TO the district court of any judicial dis
trict through or into which his or its route
may run. by the service of a written notice Of
such appeal on some member, or the secye-
taTy Of such 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 district
court there shall then be pending in such
district court civil action of the character.
and for the purposes mentioned in section
eight (S), eleven (l1l and fifteen (15l of chap
ter ten (1o) of the General Laws OF 1887. as
amended by this act. Upon such appealand
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 in controversy, including mat
tiers Of fact as we'll as questions of law, and
to affirm. modify or reverse such order in
whole or in part as justice may require; and
in case of any order being modified, as afore.
SojI oil o
purposes contemplated by this act. stand in
place of the original order so modified. and
have the same force and effect throughout
the state as the orders OF said commission.
No appeal as aforesaid shall stay or super
sede 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 provided for shall be
in addition to all existing legal and equitable
remedies
SEC. 4. That chapter ten (1o> of the Gen
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 pTov3s-
ions of this act, shall violate. or refuse or
neglect to obey or perform any lawful order
or requirement of the commission made
under the provisions of this act not founded
upon a controversy requiring q trial by jury,
as provided by the Seventh amendment 10
the constitution of the United States. or as
provided by section four ~ Of the constitu-
commission, or for any company or person
interested in such order or requirement. to
apply in summary way, by petition 10 any
which the carrier complained of has its
principal office, or in any county through or
into which its line of road extends, alleging
such violation or disobedience, as the case
may be: and the said court shall have power
to hear and determine the matter, on such
short notice to the common carrier com.
planned of Us the court shall deem reasonabie;
and such notice may be served on such COM
mou carrier his Its officers, agents or sery-
ants in such manner as the court shall iii.
rect; and said court shall proceed TO hear
and determine the matter speedily and with
out the formal pleadings aud proceedings ap-
plcable to ordinary suits further than Is
necessary in the Judgment of the court to
clearly define the issues between the parties.
and in such manner rs to DO justice in the
premises; to this end the court shall have
power, if it think fit, to direct and prosecute
in such mode, and by such persons as it may