Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1891-05-08
within the time spsc:sed By tho eenni.aoa.


Tho matter, Of which AZ least TON llo) days
notice shall! be sivoa to the complsinans and
tho comm carrier complAi aeo OF: ugh no.
t!ce 81 gil DO served either BY meilinK COPY
mon carrier or personals by soms peraon
dl1eoted to do 10 By the com naission.
For tho purpose Of such investigation the
commission shall have the power 70 require
the attendance Of witnesses aud the produc-
ton OF AL books papers. contreota, agree.
ments and documents that relate to the mat
ter unde; Investigation, and to that end may
Invoke the aid OF any court in this state Re.
under tho provisions Of this Sc :sion.
Witnesses may 30 introduced and evidence
given by either party at al hearings bes"ss
After due consideration BY the commission
OF all the evidence produced At such hearing
or bearings, the commission shall! mako It,
the common carrier complained o. II the
tariff OF rates, fares, charges and classihcE-
tons 80 complained Of shall be found by the
evidence to be unequal or Unreasonable. the
commission shall state wherein they are I'M
equal or unreasonable, and shall make tar.
III Of rates, fares, charges and claGsinca.ions
which shall We substituted for the tariff COM
planned Of.
Such tariff Of rates. fares, charges or classi.
fcatlons. so made by the commission. shall
I've deemed and taken IN al courts OF this
state as prima facie evidence that the tariff
Of raIes, fares, charges or Qualifications 80
so made shall be in fun force and effect dur
ing the tendency OF auv appeal that may Be
taken in the matter to the courts.
~ In case such common carrier shall
neglect Or refuse ef.er The time 70. appeal as
classifcations.. 50 made BY the com
mission. 1t shall DO the duty Of the
fares. charges aud clasai6cations as they
have declared to be equal aud reasonable, in
such manner as the commission shall deem
expedient, and that thereafter It shall Do IN
lawful for such common carrier to charge or
maintain a higher or lower rate, fare, charge or
classification than that 80 nxed by said com
mission, unless and until = court Of compe.
tent tent Jurisdiction shall have otherwise or
sko. 3. That section thirteen u0 Of said
chapter ten 10) Of General Laws Of 1857, be
amended by striking out subdivision (b) and
substituting therefor tho following. to Wit:
so made shall'be forwarded BY the commits
sion to such common CARRIER, who sball be
called upon to satisfy the complaint or to
answer the same in writing within a reason.
and to serve copy Of such answer upon The
complainant If such common carrier, with
In the time specified, shall make reparation
for the injuSy alleged 10 have been done
the complainant only for the particular VIC.
lation OF law thus complained Of. II
such common carrier shall not satisfy thes
complaint within the time specified. and II
is reasonable ground for Investigating the
matter set out in said complaint, the COM
mission shall name time and place when
commission in the matter complained Of.
Notice Of all hearings before the comma
sion, not only under this section. but under
all other sections Of this act, where hearings
m mr. 81 ted sss ss s ~ s
sion BY causing to hs nailed 70
Of the notice Of such hearing At
his ssRud ., ss q s;assn ss. RSS e,
named as the day Of hearing in said notice,
aud also by, causing copy Of such notice Of
hes1ing to be mailed, At least ten no. days
a tho s ay n. 1Pee.y aS cay I 6s.s
prepaid, to any division superintendent gen
era1 or assistant superintendent general
manager, president vice president Or secre-
the place in the State Of Minnesota where
the main business Of such common carrier u
transacted.
Provided. That whenever the conplainsus
or common carrier hos appeared BY An attor-
ney thereafter such service may Be made
upon such attorney. Such service shall DO
taken aud held in oil cases to be legal
service; appearance IN any case shall oe
Idhtll Auu NceMcd u NdlNCI VI ouy ucA0Ct IA
the notice Of such hearing, or any Irregular
ties OF the service thereof.
No complaint shall at any time be dis-
missed because OF the absence Of direct dam
ages 10 tho complainant, and for the purpose
OF this act the commission shall have power
to require the attendance of witnesses and
the production Of all books, papers. con-
tracts. agreements and documents relating to
any matter under investigation ADD to that
end may invoke the aid Of any court Of this
state in requiring the attendance Of wit
nesses and the production Of all books pa
pers contracts, agreements ana documents
SEC, 8. That subdivision (dl Of section
fifteen Q5), chapter len uo) Of the General
Laws of 1887, be stricken out and the fol-
lowing be, and the same is hereby substi-
(U Any railroad company or common car
rier affected BY any order Of the commission
except Administrative ORDERS made pursuant
to ten } oi chapter ten G Of ,5 the
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 bis or Its route
may run. by the service of written notice OF
such appeal on some member. or the score
tary Of such commission.
And upon the taking Of such appeal, and
the filing Of the notice thereof, with the proof
district court civil action Of tho character
and for the purposes mentioned IN section
eight (s). eleven up and fifteen (l5l Of chap
ter ten (io) Of the General Laws OF 1887. az
amended By this act: Upon such appeal,and
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 1t shall, examine the
whole matter in controversy, including mat
ters Of fact as we'll as questions Of law: and
whole or in part. as justice may require; and
in case Of any order being modified. as afore-
said, such modified order shall, for all the
purposes contemplated BY this act, stand in
have the same force and effect throughout
the state rs 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 tho other party
The remedies herein provided for shall be
in addition to all existing legal and equitable
remedies
SEC i. That chapter ten Oo) Of the Cen
eral Laws Of 1887 be and the same is hereby
amended by adding thereto the following
Sec. y, That Whenever any common car
rier, as defined in, and subject to the prov1s-
ions of this act shall violate. or refuEe or
neglect to obey or perform any lawful order
or requirement. OF the commission made
upon a controversy requiring a trial by jury,
as provided by the Seventh amendment to
the constitution " the United StateS or az
provided by section four ~ Of the constitu-
ton of this state. 1t shall be lawful for tho
commission, or for any company or peraon
interested III such order or requirement to
apply in summary way. by petition 10 any
district court in any county in this state III
which the carrier complained OF has its
principal ONCE, or in any county through or
into which its line Of road extends, alleging
such violation or disobedience, as the case
may be: aud the said court shall have power
to hear and determine tho matter, on such
short notice 10 tho common carrier COM
planned of as the court shall deem reasonable;
and such notice may be served Oh such com.
mon carrier, his or Its officers, agents or serv.
ants in such manner as the court shall d.
rect: and said court shall proceed TO hear
and determine the matter speedily and with
out the formal plcadings and proceedings ap-
plicablc to ordinary suits further than Is
necessary in the Judgment OF the court TO
clearly define the issues between the parties
and III such manner as 10 DO justice IN the
premises; to this end the court shnll havo
power if it think tit, 10 direct and prosecute
in such mode and by such persons AS il may
appoint. all Surh inquiries us the court may
think uccdful to form q Just judgment
in the matter OF such petition; and
on such hearing the findings OF