Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-26
Petitions IN Damage sul.s.

Petitions In Damage Sul.s.
.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, a D
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-
spects 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 4
Of the facts therein stated, and except
that the petitioner shall not be liable
for costs in the circuit court nor for
costs at any subsequent stage Of the
proceedings unless they accrue upon
his appeal. II the petitioner shall hnal-, 81
~ prevail he shall be allowed a reason
able attorneys fee, to be. taxed and
collected as part Of the costs Of the
suit All complaints for the recovery
Of. damages shall be fled with the COM
mission within two years from the
time the cause Of action accrues, and
not after, and a petition for the en-
forcement Of an order for the payment
Of money shall be fled in the circuit
court within one year from the date of I
the order, and not after: Provided that
Int
In one year. -.
IT Plaintiffs May Act Together.
! ''In 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
4 awarding such damages may be Joined
!. as defendants, and such suit may be
maintained by such joint plaintiffs and
4 against such joint defendants in any
district where any one of such joint
Eplaintiffs could, maintain such, suit
against any one of such joint defend
I ants; and service of process against
any one of such defendants as. may
! not be found in the district where the
suit is brought may be made in any
district where such defendant carrier
has It's principal operating Office. In
A case of such joint suit the recovery, If
any, may be by judgment in favor Of
any one Of such plaintiffs, against the
defendant found to be liable to such
plaintiff. -.
''Every order of the commission shall
be forthwith served by mailing to any
one of the principal officers or agents
of the carrier at his usual place of bust
ness a copy thereof; and the registry
mail receipt shall be prima facie evil
dence Of the receipt OF such order by
the carrier in due course of mail
Commission May Modify Orders.
''The commission shall be authorized
to suspend OR modify it's orders upon
! such notice and in such manner as it
shall deem proper.
ut shall be the duty of every COM
mon carrier, its agents and employees,
4 to observe and comply with such Or
ders so long as the same shall remain
| In effect
ANY carrier, any officer, representa-
tive, or agent of carrier, or any re-
ceiver, trustee, lessee, or agent of Ell
Their of them, who knowingly fails. or
neglects to obey any order made under
the provisions Of section Is of this act,
shall forfeit to the United States the
sum Of $4,000 for each offense. Every
| distinct violation shall be a separate
offense, ana in case of a continuing
violation each day shall be deemed a
separate offense.
"The forfeiture provided for in this
act shall be payable into the treasury
Of the United States, and shall be re-
coverable in civil suit in the name of
| the United States, brought in the dis
| trtct where the carrier has its princi-
pal operating office, or In any district
through which the road Of the carrier
runs.
Federal Prosecution For Forfeitures.
'1t shall be the duty OF the various
! district attorneys, under the direction
Of the attorney general of the United
! States, to prosecute for the recovery Of
/ forfeitures. The costs and expenses of
such prosecution shall be paid out of
| the appropriation for the expenses of =
the courts of the United States. The
commission may, with the consent of
I the attorney general, employ special
counsel il, any proceeding under this
act, paying the expenses Of such EN-
/ ployment out Of its own appropriation.
''If any carrier fails or neglects to
4 obey any order Of the commission other
than for the payment of money, while
the same is in effect, any party injured
I thereby, or the commission In its own
name, may apply to the circuit court
In the district where such carrier has
Its principal operating office, or In
! which the violation or disobedience of
such order shall happen, for an en-
I forcement OF such order. Such applica-
4 ton shall be- By petition, which shall
state the substance Of the order and
i the respect In which the carrier has
failed Of obedience, and shall be served
upon the carrier Ia such manner as the
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