The state chronicle., 1892-12-20

vision entirely independent Of and
unconnected with the duties imposed
upon that body.
Neither is there any force in the
argument that the legislature cannot
confer judicial powers upon the com
mission, as the Constitution Art. iv.
sec. p expressly authorizes the estab
lishment of such courts inferior to the
Supreme court as the legislature may
deem proper; and it is to be observed
that the Commission has been "created
and constituted court of record"with
all the "powers and jurisdiction of
court of general Jurisdiction as to all
subj c.s embraced in the act creating"
the same. Acts 1891 Oh. 498
Whether court, having no power
to enforce its judgments, fulfills the
definition Of court of record and of
g neral jurisdiction, is unnecessary to
be considered. 1t is sufficient to say
that the legislature has the autho 'ity
to establish courts inferior to the Su-
preme court and 'allot and distribute"
its jurisdiction 'as it may deem
proper" Constitution 6rt. iv. sec.
~. The question then is simply
whether the power to hear and deter
mine complaints Of this character has
been conferred, and this is easily
solved by the perusal of section 10 of
the said act, which is as follows:
"That if any railroad company doing
business in this State by its agent or
employees shall be guilty Of viola
tion of the rules and regulations pro-
vided and prescribed by said Commits
sioners, and if, after due notice OF such
violation given to the principal and Off
Ger thereof, ample and full recompense
for the wrong or injury done thereby
to any person or corporation, as may
be directed by said Commissioners,
shall not be made within thirty days
from the time of such notice, such com
pany shall incur penalty for each
offence of not less than fifty dollars nor
more than five thousand dollars, to be
fixed by the Judge of the court in which
such action shall be tried. An action
for the recovery of such penalties shall
lie in any county OF the State where
such violation has occurred or wrong
ha, been perpetrated, and shall be in
the name of the State of North Caro-
lima. The Commissioners shall insti-
tute such action through the Attorney
General or Solicitor of the Judicial
District in which the violation has oc,
Cured etc" 1t must be noted that
the present proceeding is not an action
instituted by the Commissioners for
the enforcement Of penalties; nor is it.
as suggested, an ordinary civil action
for the recovery Of damages as is gro
vided in section IL Of the Act. 1t is
brought for the purpose of seeking
sample and full recompense" for the
alleged "wrong and injury" done the
complainant. The act looks beyond
the mere intiiction of penalty for the
violation of rule or regulation, and
evidently provides for specific redress
in the premises. This redress is to be
"directed by said Commissioner"
upon due notice to the party com
planned Of, and it is diff ;ult 70 under.
stand how the proper measure of re
lief can be ascertained except by the
examination of testimony. The neces
sary conclusion therefore must be that
the Commission has the authority to
hear and determine al matters that
are embraced within that part of the
said section to which we have referred
No summons was issued in the
present proceeding, as in civil actions
but upon complaint being filed the de
PENDANTS were notified 10 satisfy the
complaint or answer the same" within
thirty days. After hearing the test
mony of the Commission declared in ef
feet that the rule and regulation mad,
, pursuant to the law had been violated
) and that sample and full recompense'
should be made by providing the Com
: plainant with the facilities mentione,
in the order. 1t is insisted that as +
procedure is provided, the commissio
! has no authority to make an order {
/. this character. 1t is true that no PAL
t ticular rules ofpractice are prescribed
: but the power to hear and determine
t upon notice, is as we have seen ex
j pressly given, and all necessary mean
!. are provided for the conducting of an
' inquiry which it is the duty of the com
5 mission to make. Provision is mad
: for the service of notices, the attend
l ance of witnesses, and the punishmer
:. OF contempts; and the rules of evidenc
? are declared to be the same as in civ
$ actions. 1t is also provided that ther
n may be an appeal "as in other cases
8 appeal from ''all decisions or determi
r nations arising under the operation {
e enforcement" of the act. We cannC
d hold that with all of these f ..ilitie
r provided by law, power expressl
J. granted to hear and determine is to b
}. denied because the particular form
J. the complaint or the manner in who
l. the proceeding iste be entitled or som
o other immaterial matter of detail is II,
t particularly prescribed. Besides, sue
/ details may well be supplied by tt
r Commission under the inherent powt
), OF every court of record to make su,
IS rules, not Inconsistent with the law. ,
5 are necessary to the exercise of Il
h powers conferred upon them. Al
A. and Eng. Enc. 450 and the cases cite
t. 1t must be admitted, however, that
ID many respects the act is singularly OF
Is scure and confused. 1t bears the in
is press ofhasty legislation and seems to
'e composed of parts of other acts of
v similar character united with but J;t+