The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-04

nection Herewith, either separately or in
gross. the actual ceost thereof. the amount
OF the capital stock. the bonded and other
indebtedness of the company. what. II any.
part thereof is fictitious or fraudulent. the
average yearly revenues OF the company
and the sources from which they are de-
rived. whether its revenues VIII probably
increase or diminish. the average expenses
Of operation and maintenance and the pur-
poses 90 which they are devoted what
II any, unreasonable or unlawful uses are
made OF the funds OF the company, as well
as other matters deemed OF special import
ance; but the failure OF the court 10 make
such findings or any OF them shah not be
ground for reversal OF its decree II
shall find generally as TO the reason
ableness of the charge at issue. and may
at its discretion find specially as TO par
ticular items. The court shall thereupen
enter decree in accordance with IFS
findings and decision, sdjudging and de-
creeing what are reasonable rates for each
and every charge and service ar issue
in the case. and perpetually enjoiniug the
defendant from demanding. charging, or
receiving any other or different rates or
charges than such as are by the decree
determined TO be reasonable. The decree
charges adjudged 70 be reasonable. and
the classification of freight applicable 10
and necessary for the explanation thereof
Sec. .. The court shall have the same
power as a court OF chaneery TO rehear
any order or decree; the time for, and
the prodecudre upon, an application 20
that end TO be prescribed by the rules
Of the court.
Sec. 80. Copies of each order or decree
determining what are reasonable freight
rates or other charges for transportation
shall be printed. by each railroad COM
pany affected thereby in plain, legible-
type. and posted IN a place convenient
for the public use in each depot and sta
ton house on the line of its road. within
ten days after service of a certified copy
thereof on such railroad company, unless
longer time be allowed by the court.
Sec 81 Where a defendant cOmpany's
line connects with some other line or
lines of some other company or compa-
| MES, in this state, and The Information
complains of rates between points on both
lines. such other company or companies
must be joined as defendant or defend
ants; and in such case. the hearing and
decree shall include the joint rates and
the apportionment thereof as well as the
rates on such connecting line or lines. and
| all such rates shall be entered and pro-
! nnulgated and shall take effect in like
manner and time, as prescribed In the
next preceding section.
Sec. 80. II. after the PRONUNCIATION OF
| any order or decree of said court, any
railroad company bound thereby shall re-
! fuse, or for thirty days shall neglect.
10 comply with or obey, in good faith,
| such order or decree. the court may, up
| on application made on three days notice
/ "a ~
| such neglect or refusal. order sequestra-
! ton of the whole. or any part OF said
| company's property, owned or leased,
/ and appoint a receiver or receivers 10
| forthwith take possession and charge Of
| said property or designated part OF said
property and operate the same and carry
! such orders or decree into effect; and
1 property so taken shall be operated by
/ such receiver or receivers. who shall re-
| ceiye all income therefrou until such
| company shall furnish security 10 the
satisfaction OF said court for its fun and
| faithful obedience to and compliance with
! said order or decree; whereupon, the ac-
| counts OF such reviewer or receivers shall
| be passed. and the net proceeds Of oberat-
| ing said property shall be paid 70 said
| company and the property returned to It.
/ Sec. So Mistakes and clerical errors IN
! DEGREES or orders may be, corrected at any
time on the courts own motion or when
moved by any party to such decree or
| order.
Sec. a. Final DEGREES Of said court shall
be revivable by the supreme court on petit
| ton in error in like manner as judgments
of district courts may be revived ana
such supreme court may, in It's discretion.
/ and upon such terms as It may Deem
/ reasonable. stay the issuing Of any viii
I
| feet pending such proceedings In error;
I hirt such stay shalt not effect the use,
/ eonclusiveness. or eEcluSiveness. OF such
| decree as evidence in any case or pro-
| ceeding. No stay shall be allowed unless
! the proceedings in error shall be COM
! menced In the supreme court within sixty
! DAYS after the PRONUNCIATION of said de-
! cree: nor shall any proceeding IN error
/ to reverse or modify any decree be Gem
menced after six months from the date
| OF such PRONUNCIATION.
| Sec. g Notice Of proceedings In error
/ and any bill OF exceptions taken may
/ at any time by leave Of the court OF
| visitation. be Withdrawn; end any errors
/ or the right 10 proceed on error, may IN
/ like manner be waived.
| Sec g. No preceding TO review any
1 decree Of the court shall preclude tho
/ opening Of the same during the pend
! ency OF the appeal: but the court, on com
| plant may at any time proceed 70 a
/ reconsideration Of the matter. and n,ay
! take into consideration any further or
| cumstances. not before considered. IN CON
( nection with evidence on which the for
I1ner decision was based, and enter such
! order or decree as the proof may war
rant
! Sec. q. The clerk shall tax the same
/ costs as are allowed clerks Of the district
court 20 be paid over when collected 70
J the state treasurer 70 the credit % the
I general revenue fund sherins execu.-
! ing any process Of said court shall be en-
/ titled TO the fees allowed them by law ere
/ cases in district courts: which fees shah
I be taxed as costs. ana when collected
! paid over by the sherins 70 whom due.
/ Witnesses and jurors shall receive ins
same allowance for per diem as is allowed
/ fer attendance on the district court. 20
! be taxed and collected and paid over
/ II ike manner as said sherin's fees The
/ court may employ experts AMI extra stem
/ ogra piers, when deemed necessary. and
/ tax 2. reasonable allowance for theIr scr---
I ices as costs IA tn4 case. and u any
I party causes unneceEsary expense. the
I court may assess the same szaiuHs sad
I parts. The cots arising IN matters before
/ the c1urc EaaI be assessed against the
l defendant. = the decision q the court 5e
/ against such defendant. or DIVIDED aa1
I apportioned as the court may deem .s--
But II Judgment be not rendered arasrst
/ the defendant. the same shah be pa.d lF
| the state. and the aU1tor slaU issue hF
warrant therefor on vouchers apgr9Fr1
( h. the clerk q the court Buf = she
( court shall decide that any compliant IS
I malicious Or veXatious. The cost - ihe
Proceedings may be assessed aga.ust fae
/ party complaining Eac3 railroad CONE
/ pary snail pay the expense % max ~