Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1906-05-24

1
| ment OF u1VistOn thereof, the commission
may, after hearing, maze supplemented
! order prescribing that Just anu reason
aDle propOruon OF sucn Jolnt rate TO
| De received by each carrier parry thereto,
! which oruer snan take emecL as part o.
| the original Oruer.
The commission may also, after hear
/ ing on a complaint, establish Though
routes and JOINT rates as the maximum
OF suchs rates as nerinDetore provided,
and the terms and uOnuIt.ons under
which such through routes shall be Op-
! Grated, when that may fbe necessary 10
/ give effect to any provision OF tniA act,
and the carriers complained OF have re-
| fused or neglected. to Voluntarily estaD-
| ltSh such through routes ana Joint rates,
! provided no Reasonable or satisfactory
through route exists, and his provision
shall apply when one of the connecting
carriers ~ a water line.
~ the owner OF property transported
under this act directly OF indirectly rem
ders any service connected with such
transportation or furnisns any instru-
mentality used therein, the charge and
allowance therefor shall be no more than
is just and reasonable, and the commits
sion may, after hearing on q complaint,
determine what Is a reasonable charge as
the maximum TO be paid by the carrier
or carriers Tor the service so rendered or
Tor the use OF the fundamentally so FUR
nlshed, and FIX the same by appropriate
/ force and effect and be enforced in Ike
manner es the orders above provided for
/ The foregoing enumeration Of powers
shall not exclude any power which the
commission would otherwise have IN the
making of an order under the provisions
dives relies OF Enforcement.
Sec. 8. That section 16 of said act.
as amended March 2, 1889, be amended
so as to read as follows:
II a carrier does not comply with an
the time limit In such order, the COM
plainant, or any person for whose benefit
such order was made, may file in the
district In which he resides or which Is
located the principal operating office of
the carrier, or through which the road Of
briefly the causes Tor Which he he's claims
damages, and The order Of the eomm.s-
sion In the premises
Such suit shall proceed In all respects
like other civil suits for damages, except
that on the trial OF such suit the findings
and order of the commission shall be
prima facie evidence Of the facts therein
stated and except that the petitioner
shall not be liable for costs in the cir
cult court nor for costs at any subse-
quent stage of the proceedings unless
they accrue upon his appeal. II the petit
toner shall finally prevail he shall be
4 allowed a reasonable attorneys fees, to
be taxed and collected as a part of the
costs Of the suit.
damages shall be filed with the commits
. sion within two years from the time the
: cause OF aetion acerues, and not after.
order for the payment OF money shall be
filed I'm the circuit court within one year
from the date of the order, and not after.
). Provided that accrued claims may be
!, presented within one year 80.
RecOurse to Writ OF Court.
, II any carrier fails or negiects 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 its own name.
may apply TO the circuit court in the dis
trict where such carrier has its pncipa'
Gce or IN Sh 6rde the sh han
pen, for an enforcement OF such order.
Such application shall be by petition,
which shall state the substance OF the
order and the respect in which the GER
rier has failed OF obedience, and shall be
served upon the carrier in such manner
as the court may direct, and the court
shall prosecute such inquiries and make
, such Investigations through such means
as II shall deem needful In the ascertain
ment of the facts at issue, or which may
, arise upon the hearing Of such petition.
II, upon such hearing as the court may
I determine to be necessary, It appears
that the order was lawfully made and
3 duly served, and that the carrier Is in dis
: obedience of the same, the court shall
to to s sasn 9 pToner Og
cess, mandatory or otherwise to re-
strain such carrier, It's officers, agents
or representatives from further disobe-
: dience OF such order or to enJoin upon
It or them enforcement of such process
the court shall have those powers ordi-
j naEAiY G8BIGlb6Q By II III CoIlpHAlHb Ob@-
; dience TO its writs of Injunction and
: Appear 90 highest Tribunal.
From any action upon such petition an
appeal shall lie by either party to the
supreme court of the United States. and
, in such court the case shall have priority
; in hearing and determination over all
! other cases except criminal causes, but
such appeal shall not Vacate or suspend
the order appealed from.
The venue of suits brought In any OF
! the circuit courts of the United State
: against the commission to en1oin, set
aside, annnl or suspend any order or re.
|. ! uuifement OF the commission shall be IN
the district where the carrier aga;nsi
whom such order or requirement m ay
have been made mas Us prlnclbpal opera.
! time after such order Is promulgated
/ And IL the order or requirement has bee
/ made against two or more carriers: thtT
: carriers has its principal operating OF.
! | hces and II the carrier has its prineipa
loperoting office In the District of Colum
bla, then the venue shall be In the dis.
trict where said carrier has its principa
, office, ana Jurisdiction to hear ana De
termine such suits Is hereby vested II
use 81 injunction Restricted.
> 1t shall be the duty OF the attorney
a general Ia every such case Of file tho
2 certificate provided for In said expedit
ing act or february i 1893, as necessary
, to the application OF the provisions there
: OF. and upon appeal as therein author.
lied TO the supreme court OF the United
! States, the case shall have In such cour
priority IN hearing and determination
over all other causes except criminal
causes,
! Provided that no Injunction, lnteriocu
Z tory order or decree suspeuding OF re-
= straining the enforcement OF an order o.
the commission shall be granted eNcep
on hearing after not less than five days
notice to the commission. An appeal NAL
3 be taken from any interlocutoFy order
or decree granting OF continuing an in
junction in any suit, but shall lie only
: to the supreme court Of the United
2 Discretion a. 20 Rehearlns.
Sec, 6. That a new section be added
4 TO said act Immediately after section
! 16, to be Numbered 16A, as follows:
I Section 16A. That after a decision. or
e der or requirement has been made by thu
5 commission In any proceeding. any par
+ ~ thereto may at any time make appn
: cation for rehearing OF the same or ans
: matter determined therein. and Il shall
: be lawful for the commission In It's dis
: erection 20 grant such a rehearing II suf
I T "a. h. 40 ~ an