The commonwealth. (Greenwood, Miss.) 1896-1923, 1906-06-29

''\NN\ Y
SENATOR TITLMAN.
Introduced measure in the upper house
and was prominent in all the debates that
followed.
pal operating ONCE OF the carrier, or
through which the road Of the carrier
runs, a petition setting forth briefly
the causes for which he claims dam
ares. 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 prtma 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. If the petitioner shall
finally prevail he shall be allowed a
reasonable attorneys fee, to be taxed
snd collected as a part OF the costs OF
the suit.
In such suits all parties in whose IA
VpE lhS CpihIjiSsioH may hbNt Aiaue III
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
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 ONCE. In
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,
Orders Of the Commission.
ANY carrier, any officer, representa-
tive, or agent of a carrier, or any re-
cetyer, trustee, lessee, or agent OF
either Of them, who knowingly tails or
neglects to obey any order made I'M
DER the provisions OF section II or thls
act shaiI lorlelt 10 lhe Chltea STATES
the sum OF So'ooV Ior each ohelSc'
every distlhct VIOLATION shai De a sep
arate ohehse' ana IN case OF a cohtlilu-
la5 violation each day snail De deehled
a separate onehse'
IL snail Dc III" uuty u the various
district attorneys unuer the dlreclloh
OF the attorney seheTai Oh the uhlteu
STATES, 70 prosecute lot the recovery OF
fol1eitufeS. Inc coStS n expenses OF
Such prosecution Sha'i ne pau OUT Vi
the appFoprlatIon IoF the expenses OF
the courts Oh the Ohlted STATES
Provision for Court Review.
II any carrier fails or negiects to
obey any order OF the commission,
other b a for the payment or money,
while the same ID IN erect any party
injured thereby, or the commission In
Its " name, may apply to the circuit
court IN the district where such carrier
has It's principal operating Office, or In
which the violation or dlsobedience OF
such order shall happen, for an en-
foTcement OF such order. Such applica-
ton shall be by petition, which SHAH
state the substance OF the order and
tle leSpeC' a. WHICH III" u"I'Fi Das
ioiieo VI oDeuienGe' anu "naiI DC SefEeu
upon 'ne I"ialei ~ Nuen Lh"'nei az inc
ocurt n"s uIiee'' anu 'he court shdlI
prosecute such inquiries anu MAKE Such
ih~'eSIisa'ioiiS lpiousn Such MEANS as
l. Shai4 ueeW neeuiui III 'ne ascertain
ihehL ol 'he idcu DIT ISSUE OF "hich
may ARISE upon IHe nearing Oh Such
pet'tion' II, upon Su'n "en' i"s 40 Tue
o'uit may u','iLiin' ~ De n''eoSaty'
IT. 'Ppo"iS tnat INC oiu7l was ia"lu,ly