The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-04
RESJBN|SS|ON
IS VOTED DOWN
Continued from First Page)


or shall refuse or neglect to prosecute an
information, or unduiy delay the proceed
ings, the court may, upon motion of the
complainant and showing of the facts,
order said state solicitor 10 file such in
formation or to proceed with the case;
and If, in the opinion of the court, he
does not act in good faith or with reason
able diligence in obeying such order, the
court may appoint a special state solicitor
to take charge Of the case; and if it does
so, the state auditor shall, upon the GER
tifcate of the chief judge showing the
number of days served by such special
solicitor and the presentation of a copy Of
the order appointing him, retain from
the salary of the state solicitor, for the
month or months during which said spe-
ciaI solicitor shall have served, the
amount to which the state solicitor would
be entitled for such number OF days, audit
his salary for the balance only. and draw
a warrant for said special solicitor for
the amount due him for the time SO GER
titled.
Sec. II. After service and return OF the
citation, no information can be dismissed
without the permission OF the court. No
such permission shall be granted except
upon a written statement Of reasons
therefor signed by the state solicitor and
filed; whereupon the court may decide
whether such reasons as stated are suffi-
cient, may require an additional written
statement, or may make or direct an indie
pendent inquiry as TO the facts, and per-
compromise agreement, or stipulation of
any kind, between the state solicitor and
any defendant or defendants shall be bind
ing upon the court nor of any validity
without its approval after it has been fully
advised Of the facts in relation thereto.
Sec IS. Afidavits may be used upon the
hearing of motions, under such regulations
as the rules of the court may prescribe.
Sec. 10. Upon application to the court
and leave obtained according to its rules,
dispositions may be taken and used where
the witness does not reside in the state. or
is absent therefrom, or where from age,
inf1rmity or Imprisonment the witness
cannot attend, or where the testimony is
required upon a motion; but in cases Of
Imprisonment, the court may in its dlscre-
ton require the custodian OF such witness,
instead Of permitting deposition TO be
taken; and such custodian shall obey the
courts precept in that regard Every
application for leave to take a deposition
shall be based upon an affidavit, which
shall name the place and the witness or
witnesses, shall give the reason or reasons
for the application, and shall state in
substance what the applicant expects said
witness or such witnesses to depose. II
the adverse party will admit such state
ment as the deposition Of such witness or
witnesses, no leave TO take such deposition
shall be granted. If leave be given to take
a deposition, the court may permit il to
be taken according to the code Of Civil
procedure, or may appoint an examiner 10
take it, or may require II 10 be taken upon
written interrogatories and cross-iuterrog-
atories, to be filed and approved. and under
commission 20 a person at or near the
locality where the deposition is TO be
taken, in accordance with the rules of the
court in that regard.
Sec. 90 The complainant UPON whose
application TO the state solicitor. or 70 the
court an information is filed. shall be
privileged TO employ counsel to assist in
the proceedings on behalf of the state
and such counsel shall be recognized and
treated by the state solicitor and by the
court as counsel for the state equally with
the state solicitor.
Sec. 81 Any person. corporation, county,
city or township interested in the result
OF any information or complaint as 70
the reasonableness Of transportation
charges or any other controversy in said
court, shall on application be made party
to the proceeding.
Sec .. Any aggrieved person. corporate,
quasi corporate, or otherwise, although
not a party to the suit. shall have the
right to enter appearance therein. as rela-
tor, at any time, and. on showing the
court that It's decree IS being violated
secure enforcement thereof.
Sec. q. The provisions Of the code OF
civil procedure as 20 the admission. in
spection. production and proof OF docu-
ments shall apply to said court Of vista
ton.
Sec. q. IT, upon the hearing OF an infor-
nation alleging the unreasonableness Of
any railroad company's rate for the trans
portation Of any article or schedule OF
articles between given points on its line
probably unjust that such rate or schedule
alone should be changed without chang
ing or revising te entire schedule as 20
such articles over the entire line OF such
company, the court may order the informs-
ton 20 be amended 50 as 10 bring such
entire schedule before Il for consideration:
and it shall order the said company 10
answer such amended information. and
shall as soon as may be proceed thereon.
saving all testimony already taken OF a6-
duced.
Sec =. When the court proceeds for the
first tine 20 determine what e reason
able charge for the given service zindsr
consideration, the burden OF proof snail
rest on the railroad company % show what
IS a reasonable charge On al sEosequen.
proceedings q change or modify any
charge, the burden OF proof shall rest on
the party moving % change q modify
TO show that he charge allowed ~ tie
prior decree az she court Is uurea souable-
Sec IS. No schedule OF rates. SPECIAL
contract. OF agreement promu.zzted or
entered into - any railroad company.
shall - receivable n evidence OF behalf
q such company a. Proof tending 20 show
what IS a reasonable charge Tor any ser
vices. Nor shah me feet TIA; any railroad
company has been sccas-o1sd - demand
Or receive NJ given rate of compensation
fer any service bs received as evidence @
the reasoasb.susss q such charge o. q
the -.ght q che company - demand T.
Sc = n any case 81 which z e.
1sndaur 1ulv served viii q citation SHAH
zaA % answer cne insoTnstiea. Ire c9zrz
shsI prcoes5 % enter s1cn decree - ne
sverzents q TIE Information warrant ~
nay proceed 20 take prs. ard szssr decree