Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-26
RAILWAY RATE BILL
Continued from page 81

Continued from page 81
datory or otherwise, to restrain such
carrier, its officers, agents, or repre-
sentatives, from further disobedience
Of such ORDER or to enjoin upon it, or
them, obedience to the same; and in
the enforcement Of such process the
court shall have those powers ordina-
rily exercised by it in compelling ODE
dience to it's writs of Injunction and
mandamus.
Appeal to Supreme Court. -.
"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 determi-
nation over. all other causes except
criminal causes, but such appeal shall
not vacate or suspend the order ap-
pealed from.
Venue Of Suits Against Commission.
"The venue of suits brought in any
Of the circuit courts Of the United
States against the commission to en-
Join, set aside, annul, or suspend any
order or requirement of the commits
sion shall be In the district where the
carrier against whom such order or re-
Quirement may have been made has it's
principal operating Office, and may de
brought at any time after such ortley is
duirement has been made against two
Or more carriers then In the district
where any one Of said carriers has Its
principal operating Office; and IL the
CARRIER has it's principal operating Of
ice in the District Of Columbia, then
the venue shall be In the district where
said carrier has It's principal Office, and
jurisdiction to hear and determine such
suits Is hereby vested in such courts.
The provisions Of An act to expedite
the hearing and determination of suits
In equity, and so FORTH approved Feb.
II, 1903, shall be, and are hereby, made
applicable to all such suits, including
the hearing on an application for pre-
liminary injunction, and are also made
applicable to any proceeding in equity
TO enforce any order or requirement of
the commission, or any Of the provi-
sions Of the act to regulate commerce
approved Feb. 4, 1887, and all acts
amendatory thereof or supplemental
thereto. 1t shall be the duty Of the at
torney general In every such case to
file the certificate provided for in said
expediting act of Feb. IL, 1903, as nee
essary to the application Of the provi-
sions thereof, and upon appeal as
therein authorized to the supreme court
OF the United States, the case shall
have in such court priority in hearing
and determination over all other
causes except criminal causes.
Z f The Court Review Section.
provided, that no injunction, interioc-
utory order or decree suspending or re-
straining the enforcement Of an order
Of the commission shall be granted ex-
cept on hearing after not less than five
days notice to the commission. An ap-
peal may be taken from any interlocu-
tory order or decree granting or con-
tinuing an injunction in any suit, but
shall lie only to the supreme court Of
the United States: Provided further,
that the appeal must be taken within
thirty days from the entry Of such or
der or decree and it shall take prece-
dence In the appellate court over all
other causes, except causes Of like
character and criminal causes.
'The copies Of schedules and tariffs
Of rates, fares, and charges, and Of all
contracts, agreements, OF arrange
ments between common carriers filed
with the commission as herein provid-
ed, and the statistics, tables, and fig
ures contained In the annual reports Of
carriers made to the commission, as
required by the provisions Of this act,
shall be preserved as public records In
the custody of the secretary Of the
commission, and shall be received as
prima facie evidence Of what they pur-
port to be for the purpose Of inyestiga-
lions by the commission and In all ju-
diciaI proceedings; and copies of or ex-
tracts from any of said schedules, tar
Ifs, contracts, agreements, arrange
ments, or reports made public records
as aforesaid, certified by the secretary
under Its seal, shall be received In evil
dence with like effect as the originals"
Applications For Rehearinss.
+. Sec. G. That new section be added
to said act Immediately after section
49, to be numbered as section 16a, as
follows: ~
Sec. 16a. That after decision, or
der, or requirement has been made by
the commission in any proceeding any
party thereto may at any time make
application for rehearing of the same,
or any matter determined therein, and
It shall be lawful FOR the commission
In its discretion to grant such q rehear-
Ing II sufficient reason therefor be
made to appear. Applications for re-
hearing shall be governed by such gen
eral rules as the commission may es-
tablish. No such application shall ex-
cuse any carrier from complying with
or obeying any decision, order, or re-
quirement OF the commission, or oper-
ate In any manner to stay or postpone
the enforcement thereof without the