The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1896-03-24

op6S appear PLAINLY PreJIdlcIaI TO the
carrier il the proceedings, decision,
order or requirement. Of the Commits
sion il shall 50 decide, and shall there
upon enter such final Judgment, decree,
or order as may be proper, but without
prejudice to g subsequent application
for the enforcement Of any order made
by the Commission upon a re-hearing
Pursuant to section sixteen Of this Act;
and n case Of any disobedienc3 Of any
sucn writ Of injunction or other proper
process, mandatory or otherwise, 1t
shall be lawful for such court to issue
writs OF attachments, or any other
process of said court incident or aQpi
cable to ~rits of Injunction Or other
proper process, mandatory CT OTHER
wise, against such common carrier,
and, Il q corporation, against one or
more Of the directors, officers, or agents
Of the same, Or against any owner,
lessee, trustee, receiver, or other per
son failing 20 obey such writ Of injlrc
tlOn or other proper process, manda
tory or other rwiEe; and the court may,
If il shall see fit, make an order direct
ing a common carrier Or other person
SO dis0beying such writ of injunction
or other proper process, mandatory or
otherwise, to pay such sun OF money,
not exceeding for each carrier Or PEI,
son in defau & the sum ot five hundred
dollars for ey cry day, after a day to be
named in the order, that tuch carrier
or other person shall fail to obey su h
Injunction or other proper process,
mandatory or otherwise; and such
moneys shall be payable as the court
shall direct, either to the party com
planning or into court, to abide the ulti
mate decision Of the court, and pay
ment thereof may, without prejudice
TO any other mode Of recovering the
same, be enforced by attachment or
order in the nature Of a wris of 6 ecu
tiOn, in like manner as if same had
been recovered by a final docree in
p6rsOnam in such court And the court
may in every such matter order the
payment Of such costs and counsel fees
as shall be deemed reasonable. From
the order or decree of such court upon
the hearing an appeal shall be aiIovv.> =
any OF the parties to the Supreme
Court Of the United States, and ehall
Go advanced for hearing therein as ap-
peais in which the United States are a
party but such eppeaa shall uotoperate
to stay or supersede the order Of the
court or the ex cuti0n Of any writ or
process thereon.
If the matters involved in any such
decision, Cr5cr, or rcq Iirement of the
Commission are founded upon g con
troVersy req airing 6 gri&l by jury. &c
provided by the seventh amendment
to the Constitution # the United States,
and any such common carrier snail
violate or refuse or neglect to obey or
perform the same, alter notice is given
oy the Cornm Gssion, it shall he lawful
for any company CT person interested
in such decision, order, or requirement
10 apply ~ a summary way by petition
80 the Circuit Court OF the United
States sitting as a court Of law III the
Judicial district In which the carrier
complained of has it's principal Cffice,
or in which the violation or disoGcdI
enco Of such decision, order, or req iife
ment shall happen, alleging such viola
ton or disobedience as the case may
b3; and the court shall by its order then
tx time and place for the trial of the
cause, which shall not be less than
twenty nor more than forty days from
the time the order is made, and is shall
be the duty OF the Marshal of the dis
trict IN which the proceeding is pend
ing to forthwith serve a copy OF tn"
petition and OF the order upon each Of
the defendants, and it shall be the
0uty OF the defendants to file their an
sWer5 to the peAtiCn within days
after the service of the same upon
them. ct the trial the finding Of facts
Of the Commission as set forth IN this
report, shall b3 prima facie evidence Of
the matters therein stated, and if
either party shall demand jury or
shall omit TO waive jury the court
snall by its order, direct the Marshal
TO summon a jury TO Try the
cause; but II all the parties shall waive
a jury in writing then the court shall
try the Issues n the cause and rcuder
ics Judgments thereon. II the su ~jscJ
j dispute shall be Of the value Of two
thousand dollars or more either party
may appeal to the Supreme Court Of