The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1906-05-31

= |
the carrier shall cease and deslst from
such violation. 10 the extent to which
the commission find the same to exist
and Shall not thereafter publish, de-
mand. or collect any rate or charge fol
such transportation in excess Of the
maximum rate or charge so prescribed
and shall conform to the regulation OF
practice so prescribed.
Rates Take Effect In Thirty Days.
"A!l orders of the commission. ex.
cept orders for the payment of money.
shall take effect within such reasonable
time. not less than thirty days, and
shall continue In force for such period
or time. not exceeding two years, as
shalt be prescribed in the order of the
commission. unless the same shall be
suspended or modified or set aside by
the commission or be suspended or set
aside by court Of competent iurisdlc-
tion Whenever the carrier or carriers.
IN obedience to such order of the COM
mission or otherwise. shall publish and
hle i'll respect to Joint rates, fares, or
charges, and shall fail to agree among
themselves upon the apportionment or
division thereof, the commission NAV
after hearing make supplemental or
der prescribing the just and reason.
able proportion of such Joint rate to
be received by each carrier party there
to. which order shall take effect as a
part OF the original order.
May Establish Through Routes.
| he commission may also, after
hearing on complaint, establish
| through routes and joint rates as the
maximum to be charged and prescribe
the division Of such rates as hereinbe-
| fore provided, and the terms and condi-
tions under which such through routes
shall be operated when that may be
necessary to give effect to any provi-
sion OF this act. and the carriers COM
planned Of have refused or neglected to
voluntarily establish such through
routes and joint rates, provided no
reasonable or satisfactory through
route exists, and this provision shall
apply when one of the connecting car
rlers is a water line.
IF the owner Of property transport
ed under this act directly or Indirectly
renders any service connected with
such transportation, or furnishes any
instrumentality used therein, the charge
and allowance therefor shall be no
more than is just and reasonable, and
the commission may, after hearing on
complaint, determine what is q rea-
sonable charge as the maximum to be
paid by the carrier or carriers for the
service SO rendered or for the use of
the instrumentality 30 furnished, and
tGu * tthffescts thffe tsaamdf andf pee 81 fa tke e
ner as the orders above provided for in
this section.
The foregoing enumeration of pow
ers shall hot exclude any power which
the commission would otherwise have
in the making Of an order under the
provisions of this act"
Sec 5. That section 1G Of said act, as
as to read as follows:
Sec 16. That if, after hearing on a
complaint made as provided in section
13 of this act, the commission shall de-
termine that any party complainant is
entitled to an award of damages under
the provisions of this act for viola
ton thereof, the commission shall
make an order directing the carrier to
pay to the complainant the sum to
which he is entitled on or before a day
named
Petitions In Damage Suits.
"If carrier does not comply with an
order for the payment Of money within
the time limit in such order, the COM
| plainant or any person for whose ben
eft such order was made, may file In
| the circuit court of the United States
| for the district in which he resides or
| in which is located the principal oper-
ating office Of the carrier, or through
which the road of the carrier runs,
| petition setting forth briefly the causes
| for which he claims damages, and the
order of the commission in the prem
| ises. Such suit shall proceed In all re-
sDects like other civil suits for dam
| ages. except that on the trial OF such
suit the findings and order of the COM
mission shall be prima facie evidence
| Of the facts therein stated, and except
| that the petitioner shall not be liable
| for costs in the circuit court nor for
1
| proceedings unless they accrue upon
| his appeal. If the petitioner shall hnal-
" prevail he shall be allowed reason
able attorneys fee. to be taxed and
collected as a part of the costs OF the
suit. All complaints for the recovery
Of damages shall be filed with the com.
mission within two years from the
time the cause of action aecrues, and
not after. and petition for the en-
forcement of an order for the payment
of money shall! be fled ia the circuit
court within one year from the date OF
the order, and not after: Provided, that
accrued claims may be presented with.
in one year.
| Plaintiffs May Act Together.
'Tn such suits all parties in whose
favor the commission may have made
!. an award for damages by single or
der may be Joined as plaintiffs. and all
. OF the carriers parties to such order
awarding such damages may be joined
as defendants. and such suit may be
maintained by such joint plaintiffs and
against such joint defendants In any
district where any one Of such joint
| plaintiffs could maintain such suit
against any ore Of such joint defend.
ants: and service OF process against
anT one of such defendants as may
Lot be found in the district where the
suit IS brought may be made in any
district where such defendant carrier
has its principal operating office. In
case Of such joint suit the recovery. II
any, may be by judgment In favor OF
any one of such plaintiffs, against the
defendant found TO be liable to sucf
plaintiff.
Every order OF the commission shal
be forthwith served by mailing to an!
one Of the principal officers or agent.
: of the carrier of his usual place OF bust
y ness a copy thereof; and the registry
: mail receipt shall be prima facie evi