The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1906-07-07

NNNW\
SENATOR TILLMAN.
Introduced measure in the upper mouse
and was prominent in all the debates that
followed.
pal operating office OF the carrier, or
Though which the road Of the carrier
iuns, petition setting forth briefly
the causes for which he claims dam
ages and the order of the commission
in the premises. Such suit shall pro-
coed 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 circuit court
nor for costs at any subsequent stage
OF the proceedings unless they accrue
upon his appeal. II the petitioner shall
finally prevail he shall be allowed a
reasonable attorneys fee, to be taxed
end collected as part OF the costs OF
the suit.
In such suits all parties in whose IA
vor the commission may have made an
award for damages by a single order
may be joined as plaintiffs, and all OF
! the carriers parties to such order
awarding such damages may be joined
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 one of such Joint de-
PENDANTS; 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 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 such
plaintiff.
Orders Of the Commission.
Any carrier, any officer, representa-.
tive. or agent OF a carrier, or any re-
ceiver, trustee, lessee, or agent OF
either of them, who knowingly tails OIL
ncglects to obey any order made un
der the provisions OF section Is OF this
act, shall forfeit TO the United States
the sum of $1,000 for each offense
Every distinct violation shall be sep.
arate offense, and in case OF continu.
ing violation each day shall be deemed
a separate offense.
II shall be the duty OF the various
district attorneys, under the direction
~ the attorney general of the United
States, to prosecute for the recovery Of
foifeitures. The costs and expenses OF
such prosecution shall be paid out OF
the appropriation for the expenses Of
the courts of the United States.
Provision for Court Review.
If any carrier fails or neglects tc
obey any order OF the commission
other than for the payment of money
while the same is in effect, any part,
Injured thereby, or the commission II
Its own name. may apply to the circuit
court In the district where such carrie,
has Its principal operating Office, or IL
which the violation or disobedience o.
such order shall happen, for an en-
iorcement OF such order. Such applica
ton shall be by petition, which shall
state the substance OF the order ant
the respect In which the carrier ha,
JAILED Of obedience, and shall be serve,
upon the carrier In such manner as tn,
court may direct, and the court shall
prosecute such inquiries and make sucl
Investigations, through such means a
1. shall deem needful in the ascertain
ment OF the facts at issue or whicI
may arise upon the hearing of s,icl
petition. IL, upon such hearing as tn
court may determine to be necessary
Ii appears that the order was lawful
made and duly served, and that tn
carrier is In disobedience OF the same
the court shall enforce obedience (
such order by writ or injunction, O
other proper process, mandatory O
otherwise, to restrain such carrier, II
officers. agents or representatives, frol
further disobedience OF such order, q
to enjoin upon It, or them. obedience
the same; and In the enforcement {
such process the court shall have thos
powers ordinarily exercised by 1t
compelling obedience to Its writs ,
Injunction and mandamus.
| From any action upon such petite
on appeal shall lie by either party
the supreme court OF the United State
and in such court the case shall ha,
priority in hearing and Discriminate
over all other causes except Grimm
causes, but such appeal shall not "
) cate or suspend the order appeal'
, from. 2
i Text Of Allison Proviso.
The venue OF suits brought In any
- TIE circuit courts Of the United Stat