The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1906-05-25

iIIty, AFTER hGaritI1, InalaC SuppIe IIIv,itai
v. usr prescil.Ing ina. Just ai.u rSasoa-
.uIo pIupurt.on "a suCn JoInt rate u
DC rcGuiteu w Sgch GarIicg parry tncteto,
NnILn oIaer sndiI tahe eneCt IS u part VA
,ns orlS hal orGe..
IhS IVlIinIsslOn may also, AFTER hear
lIia On .onpaalnt. estAuIisn tui oUSh
Iout.s ana Juint rates AS tue maAIinuul
10 DC chai Bvu ana pIessiiDo me uiVision
VI such Fats aS h.r.nDe.o,e pro'ided
duu the tSrnls ana IoHuIt.ons unuSi
which such thIoush routos shall be up-
Grated, wnen mat may NC nee. sstiIy 10
gave eject 20 ANY pio'lsiOn u tnis act
aIu tnL carriers CoInp1aIneu Ut nave re-
fused % Neglected to NUunta. iy estao-
hsn such thi Ougn routes ANA yolnt rates,
pIosiulu no iodSUnaOio or saLsIa- tory
though ioute cAas,s, aid his Provision
ata.l Apply whom one OF the connecting
CafTIeIS Is Il water line.
IL tho owner Ot property transported
uHucr this act directly or indirectly rem
uvrs any service connected with such
TRANSPORTATION or Humans any insru-
ms nlaIty usgd III. rG,n, the charge anu
uIlowauCc therefor shall be no more than
Is Just anu reasonable, and the cummls-
zion may. after hearing on complaint,
determine what Is reasonable charge as
the maximum to be paid ny The carrier
or caIrIvlS Tor the service SO rendered or
Tor the use OF the lnstrum. ntaiIty 30 iur-
nIshed and iiN the same by appropriate
order, which orucr shah have the same
foIcv ana effect ana be enforced IN lake
manner US the orders above provided Tor
The foregoing enumeration OF powers
shall not exclude any power which the
commission would oth,rwlso have IN the
making Of an order under the provisions
lives Rules of Endorsement.
Sec 8. That section IL OF said act,
as amended March 2, 1889, be amended
so as 10 read as follows:
II u carrier does not comply with an
order for the paym mt Of money within
the time Limit In such urde., tho com
piainant, or any person for whose beneht
81, h order was made may lille IN the
circuit court OF the United states for tho
district In which he r. Sides or which Is
located the principal operating office Of
the carrier, or tn Ough which the road OF
tho carrier runs, petition setting forth
briefly the causes Tor wniCh he Gains
damages, and he order OF the comm 8
sion III the promises.
Such suit shall proceed in all respects
like other civil suits for damages. ex ept
that on the trial OF such suit the findings
aud oruer Of the comm. 'slun shtil hc
prlma facic evidence of the facts therein
stated and except that thn petitioner
shall not he liable Cor costs I'm the cir
cult court nor for costs at any subse-
Cuent stage Of the proceedings unIesA
They accrue upon his appeal II the petit
toner shall finally prevail he shall be
allowed n reasonable attorneys fees, to
he taxed and collected as a part OF the
costs Of the suit.
damages shan he filed with tho commits
sion within two years from the time The
cause OF action accrues. and not after,
and petition TO- the enforcement OF an
ordor Tor tha pavmcnt Of money shall he
Il cd I'm tho circuit court within one wear
from the date OF the order AMI not aftcs.
Provided, tat accrued claims may be
presented within one Nclr
Recourse to Writ of Court.
II any carrier fails or neElects 10 obey
nny order Of the commission Other thLn
same II In effect. any party injured thorc-
by. or the commission In ita own nam"
may apply to the circuit court In the d's-
trict whore such carrier has Its pncipal
operating Office or In which tho violation
or disnbcdlcncc OF such order ghnll hap
pcn. for an enforcement Of such or r.
Such application shall be by petition
which shall state the substance OF the
order md the respect In which the car
ricr has failed of obedience, and shall be
served upOn the carrier in such mann
as the court may direct. and the court
shnil prosecute such inquiries aud make
such investigations through such means
NJ Il shall deem needful in the ascertain
mcnt of tho facts at issue or which may
arise upon the hearing of such petition
II, upon such hearing as the court may
determine to be necessary. II appears
that the order was lawfully made nni
duly served, and that the carrier Is In dis
obedience OF the same. the court shall
enforce obedience to such order by
writ of Injunction or other proper pro-
cess. mandatory or otherwise, To re-
strain such carrier, It's officers, agents
or representatives. from further dianhc-
dicnCc of such order or to cnioin upon
II or them enforcement of such process
tho court shall have those powers OF il-
narlly exercised by II In compelling OBJ
diencc to Its writs Of Injunction ana
mandnmua.
Appeal to Highest Tribunal.
From any action upon such petition m
appeal shall lie by either party TO the
supreme court OF the United SintcS, ana
in such court the case shall have priority
In hearing and determination over nll
other cases except criminal causes hut
such appeal shall not vacatc or susp nj
tho order appealed from.
The venue of suits brought In amy OF
the circuit courts OF the United states
against the commission to cnioin. set
aside, annul or suspend any order or re-
the district where the carrier aga nst
whom such order or requirement may
have been made has its principal opera
ing office and may he brought at any
time after such order IL promulgat d.
And II the order or requirement has been
made against two or more carriers. then
in the district where any one OF SAID
carriers has Its principal operating OF,
fico: and If the carrier has Its principal
operating office In the District OF Column
bia, then the venue shall be In the dis
triCt where said carrier has its principal
office, and Jurisdiction to hear and de
such courts.
Use Of Injunction Restricted.
II shall be the duty Of the attorney
general in every such case OF file the
certificate provided for in said eNpedit-
ing act OF Fbruary !, 1868. 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 court
priority in herring and determination
over all other causes except criminal
causes.
Provided, that no Injunction. interlocu-
tory order or decree suspending OF re-
straining the enforcement OF an order OF
the commission shall be granted except
on hearing after not less than Ave days
notice to tho commission An appeal may
be taken from any interlocutory order
or decree granting or continuing an In
junction In any suit but shall lie only
to the supreme court Of the United
States.
Discretion ms to RehcarinE.
Sec. 6. That new section be added
to said act Immediately after section
l6, to be numbered 1GA, as follows:
Section lgA. That after decision. or
der or requirement has been made by the
commission In any proceeding, any par
ty thereto may at any time make app!i-
alton for rehearing OF the same or any
matter determined therein. and II shall
be lawful for the commission In Its dis
cretion to grant such a rehearinR if suf-
fcient reason therefor be made to ap-
pear.