The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-31

ceeding in error to reverse or modify any
decree be commenced after six months
from the date of such promulga ton.
See 80. Notice of proceedings in error
at any time, by leave of the court of
visitation, be Withdrawn; and any errors.
or the right to proceed on error, may in
like manner be waived.
Sec. Sc. No proceeding to review any 6e-
cree of the court, shall preclude the open
ing of the same during the pendancy of
the Ihe appeal: put the court. on complaint
may at any time proceed to a reconSideIa-
ton of the matter and may take into con-
S 9leeI1tloh any rtneI cifcuIHstSlcsS' uol
dence on which the former decision was
based, and enter such order or decree as
the proof may warrant.
Sec. 81. The clerk shall tax the same
court TO be paid over when collected to
the state treasurer to the credit of the
any process or SAID court shail be entitled
to the fees allowed them by law in cases
taxed as costs, and when collected paid
over by the clerk to the sheriffs to whom
the same allowance for per diem and mile
age as is allowed for attendance on dis
paid over in like manner as said sheriff's
fees. The court may employ experts and
Sary, and tax a reasonable allowance for
their services as costs in the case; and if
the court may assess the same against
said party. The costs arising in matters
the defendant, if the decision of the court
be against such defendant, or divided and
appOrtiOned the court may deem just.
But if judgment be not rendered against
the defendant the same snail al be paid , by
warrant therefor on vouchers approved by
the clerk of the court. But If the court
shall decide that any complaint is ma
licious or vexatious, the cost of the pro-
ceedings may be assessed against the
party complaining. Each railroad COM
pany shall pay the expenses of making
schedules for its lines, to be taxed as costs
See. IS. The clerk of said court shall
keep an appearance docket, a journal, and
n hoo Il fn-r4C a TfaGa
shall require. The proceedings, orders
and DEGREES of the court shall be record
as the court shall by rule direct; but
pleadings, citations and bills of exceptions,
shall not be recorded.
Sec. 80. No. judge. of said court, nor the
clerk thereof, nor the state solicitor shall
ask. receive or accept for himself or any
other person, free transportation over any
railroad in this state. or receive or accept
company, free TRANSPORTATION over any
raiiroad ontsiIe Of his state ar any
steamship line; and this prohibition shall
other appointee of said court. Any judge
or state solicitor violating this provision
shall be deemed to have forfeited his Of
fee, and may be removed by quo war
ranto in any court having jurisdiction.
Sec. 40; Any officer. agent, Or employe of
any railroad company who shall know
ingly demand, collect, or receive greater
0v neIson or nTonertv man hat fRe Nv
law or by the court, or who shall discriIn-
mate for or against any shipper or con-
signee in the classification of property, in
the charges for tranSpOrta ton. in any
way. shall be deemed guilty of a misde-
the county iafi for not more than one
year; and any person who shall violate
any provision of this law, or who shall
wilfully Obstruct the execution of any or
der or decree of the court. shall be deem
ed guilty of a miSdemeanOr, and on con-
victiOn punished as above provided. Any
railroad company which by any of its Of
ficers, agents, employees, or otherwise, shall
Violate any provision of this act or shall
after notice thereon. or which shall dis
eliminate in favor of or against any ship
per or cOnSignee, shall be deemed guilty
of a misdemeanOr, and shall be subject 10
company shall violate any provision of this
act or neglect or refuse to obey an order
or decree of the court shall constitute
ana misdemeanor: and it shall be the duty
of the state solicitor to prosecute such Of
fenses or by civil action to sue for and re-
cover all such penalties
Sec. Al. Notwithstanding the provisions
Of this act providing for the enforcement
of the orders or DEGREES of said court, all
person. partnership, or corporatiOn.or to
the state. or to any political division there
of, or to any municipality. by reason of
the disobedience by any railroad company
of this act or of any law of this state or
of any lawful order decreee of said
court. may be recovered by action in any
court of Competent jurisdiction together
with costs and reasOnab BILE attorneys fees:
and if in any such action it shall be deter
mined that such disobedience was wilful,
exemplary damage may be awarded in ad-
ditiOn to actual damages and not exceed
ing treble the amount thereof
Sec ~. Whenever it shall be made to
appear to said court by affidavit that a
strike by the employees or part of them,
the laws of this state or doing business
therein, is obstructing commerce or the
traffic on such railroad and Inconvenience
ing the public. or the people OF any nu-
or endangers or threatens the
a citation requiring said corporation to
appear before it, at a day and hour named,
oath of an officer or agent of said cor
poration residing in this state and then
It's extent. the causes thereof, what con-
duct. if any, of said corporation or its Of
point or points of dispute between said
corporation and its striking employees. If
or be evasive, the court shall make a final
decree as upon hearing and enforce the
erly made. the matter shall be without
further delay summarily heard upon evil
from fault in the premises and. the strike
unreasonable. the court shall so find, and
and thereupon, and upon public notice as
ordered by the court given of such decis-
or any of them to interfere in any man
ner wha tever, by word or deed with any
pioy and SET to work But if the court
shall find that said corporation has failed
them, or has been unreasonable. tyranni-
cal oppressive or unjust, and the strike
resulted therefrOm, the court shall so find
specifically. and shall enter decree COM
handing such corporation to proceed
forthwith to perform its usual functions
for the public convenience, and to the
usual extent and with the usual facilities.
as before the strike occurred; and if said
decree shall not be implicitly obeyed, in
full and in good faith, the court may take
charge of said corporations property and
operate the same through a receiver or
appointed by said court until the
court shall be satisfied that said corpora
ton is prepared to fully resume its func-
lions; all costs to be paid by said cor
DOTatiOn.
process ordering it show cause as afOre-
said, said corpora ton shall show to the
courts satisfaction that said striking en-
plOyeS have resumed work and said strike
has ended. the prCceedings shall be dis