The Tupelo journal., 1906-06-29

SENATOR TILLMAN.
Introduced measure in the upper house
and was prominent in all the debates that
followed.
pal operating Office of the carrier, or
through which the road of the carrier
luns, a 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 hat the petitioner shall O
be liable for costs in the circuit court
nor for costs at any subsequent stage
Of the proceedings unless they accrue
upon his appeal. If the petitioner shall
finally prevail he shall be allowed a
reasonable attorneys fee, to be taxed
en6 collected as a 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
as defendants, and such suit may be
maintained by such joint plaintiffs
and against such joint defendants in
any district where any one of such
Joint plaintiffs could maintain such
r,-,t 1-a;~rf a~y ~oa of r,,ah 1nint do
PENDANTS; and service of process
against any one of such defendants as
ma 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
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 an re-
ceiver, trustee, lessee, or agent of
either of them, who knowingly fails or
neglects to obey any order made I'M
der the provisions of section Is of this
act, shall forfeit to the United States
the sum of 5000 for each offense.
Every distinct violation shall be a sep
arate o~ffense, and in case of a c%ontinu-
i2s violation each day shall be deemed
a separate offense.
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
folfeitures. 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 Dr. neglects to
obey any order of the commission,
other than for the payment of money,
while the same is in effect, any party
injured 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-
vi ouSA o1uCl. oUCud pDllCd-
ton shall be by petition, which shall
state the substance of the order and
the respect in which the carrier 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
il shall deem needful in the ascertain
mient of the facts at issue or which
may arise upon the hearing of such
petition. If, upon such hearing as the
court may determine to be necessary,
IL appears that the order was lawfully
made and duly served, and tina the
carrier is in disobedience of the same,
the court shall enforce obedience to
such order by a writ of injunction, or
other proper process, mandatory or
otherwise, to restrain such carrier, its
officers, agents or representatives, 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 ordinarily exercised by it in
compelling obedience to its writs of
injunction and mandamus.
From any action upon such petition
on 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
owe all other causes except criminal
causes. but such appeal shall rot va
cate or suspend the order appealed
from.
Text of Allison Proviso.
The venue of suits brought in any OF
the circuit courts of the United States