The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1906-05-26

any common carrier or carriers. subject
TO the provisions of this act, for the
transportation of persons or property as
defined In the first section of this act. OF
that any regulations or practices what
soeved of such carrier or carriers affect
ing such rates. are unjust or unreason-
able. or unjustly discriminatory, or I'M
duly preferential or prejudicial. or other
wise in violation OF any of the provisions
of this act, to determine and prescribe
what will be the Just and reasonable rate
or rates, charge or charges, to be there
after observed in such case as the max
imum to be charged and what regulation
or practice in respect to such transporta-
ton Is just, fair and reasonable to be
thereafter followed; and to make an or
der that a carrier shall cease and desist
from such violation, to the extent 10
which the commission find the same to
exist, and shall not thereafter publish,
demand or collect any rate or charge for
such transportation In excess of the max
imum rate or charge so prescribed, and
shall conform to the regulation or prac-
tice so prescribed: all orders of the COM
| mission, except orders for the payment of
money shall take effect within such rea-
sonable time. not less than thirty days.
and shall continue In force for such pc
shall he 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 a court of competent jurisdiction.
May AppOrtIOn Joint Rates.
Whenever the carrier or carriers. In
obedience to such order or the commlS-
sion. or otherwise. in respect 10 joint
rates. fares or charges, shall fail to agree
among themselves upon the apportlon-
ment or ulvision thereof. the commission
order prescribing that just ana rcaSon-
able proportion OF Such JOINT rate to
be received by each carrier party thereto.
which order shall take effect as "a part o.
the original oruer.
The commission may also. after hear
ing on a complaint, establish through
MIRO and 1nInf I aS fhA ma VI m an m
TO be charged and prescribe the division
or such rates as nerInbeIore provided,
and the terms and conditions under
which such through routes shall be OPP
Grated, when that may be necessary 10
give effect 10 any pro vision OF this act.
and the carriers complained of have re-
fused or neglected to Voluntarily eStab-
lish such through routes ana joint rates,
provided no reasonable or satisfactory
through route exists. and tbs provision
shall apply when one of the connecting
carriers is a water line.
IL the owner of property transported
under this act directly or indirectly rem
transportation or 1urnIshs any instru-
mentality used therein. the charge and
therefor shall be no more than
is just and reasonable, and the commits
sion may, after hearing on a complaint,
determine what is a reasonable charge as
the maximum to be paid by the carrier
or carriers for the service so rendered or
for the use of the fundamentally so fur
nished, and fix the same by appropriate
order. which order shall have the same
force and effect and be enforced III Ike
manner as the orders above provided for
in this section.
The foregoing enumeration of powers
shall not exclude any power which the
commission would otherwise have in the
off an order under the provisions
OF this act.
Gives Rules of Enforcement.
Sec. 5. That section 16 Of said act,
as amended March 2, 1889, be amended
as to read as follows:
If a 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 benefit
order was made, may tle in the
circuit court OF the United States for the
located the principal operating office of
the carrier, or through which the road OF
me carrier runs, a petition setting f0rth
sion in the premises.
Such suit shall proceed in all respects
that on the trial of such suit the findings
OrGer Of the commission shall be
prima facie evidence CT the facts therein
stated and except that the petitioner
cuit court nor for costs at any subSe-
iuent stage of the proceedings unless
hey accrue upon his appeal. If the petit
Toner shall finally prevail he shall be
allowed a reasonable attorneys fees. to
De taxed and collected as a part of the
,ostS of the suit.
damages shall be filed with the commits
sion within two years from the time the
of action ~accrues. and not after.
and a petition for the enforcement of an
)rdcr for the payment of money shall be
lied in the circuit court within one year
rom the date OF the order, and not after.
Provided, that accrued claims may be
resented within one year.
Recourse to Writ of Court.
II any carrier fails or neglects to obey
any order Of the commission, other than
for the payment of money, while the
same is in effect, any party injured there
by, or the commission in it's own name,
may apply to the circuit court in the dis
-rict where such carrier has its pincipal
office. o. in which the violation
Or disobedienCe Of such order shall hap
pen. for an enforcement of such order.
application shall be by petition,
shall state the substance of the
and the respect in which the car
Ter has failed of obedience, and shall be
served upon the carrier in such. manner
rs the court may direct. and the court
shall prosecute such inquiries and make
such Investigations through such means
is it shall deem needful in the ascertain
rent Of the facts at issue, or which may
arise upon the hearing of such petition.
Appeal to Highest Tribunal.
From any action upon such petition an
appeal shall lie by either party 20 the
supreme court of the United States. and
ii IN = CAAA L GAiS 1o3S AAhAAAA 49, -
n hearing and determination over all
,ther cases except criminal causes. but
uch appeal shall not vacate or suspend
order appealed from.
The venue of suits brought in any of
he circuit courts of the United states
.gainst the commission to enjOin, set
side. annul or suspend any order or re-
of the commission shall be in
district where the carrier against
whom such order or requirement may
ave been made has it's principal opera
ng office and may be brought at any
after such order Is promulgated.
md if the order or requirement has been
nade against two or more carriers, then
n the district where any one of said
arriers has its principal operating Of
zee; and if the carrier has its principal {
office in the District of Column
ia, then the venue shall be in the dis
where said carrier has its principal
ffice, and jurisdiction to hear and de-
such suits is hereby vested in
UGH courts. {
Use of Injunction Restricted. s
1t shall be the duty of the attorney
eneral in every such case of file the
ertificate provided for in said expedit-
lg act of february /. 1903, as necessary |
D the application of the provisions there {
f, and upon appeal as therein author {
,ed to the supreme court of the United !
tates, the case shall nave in such court :
riority in hearing and determination /
auses. :
Provided. that no injunction, interlocu-
Dry order or decree SuSpending of re- .
70 in N O tho nnfOronrp ont Of on nr6nr of l.