The Mena weekly star., 1906-07-05


 SENATOR PULLMAN
 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, petition setting forth briefly tae causes for which he claims dam ages, and the order of the commission in the premises. Such suit shall pro- ceed 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. If the petitioner shall firally prevail he shall be allowed a reasonable attorneys fee, to be taxed aud collected as part of the costs of the suit.
 Iii such suits all parties in whose fa- vor the commission may have made an award for damages by 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 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- fendants; and service of process against any one of such defendants as the suit is brought may be made in any district where such defendant carrier has it's principal operating office. In case of such joint suit the recovery, If any, may be by judgment in favor of any one of such plaintiffs, against the plaintiff.
 Orders of the Commission.
 Any carrier, any officer, representa- tive. or agent of carrier, or any re- ceiver, trustee, lessee, or agent of either of them, who knowingly tails or neglects to obey any order made un- dei the provisions of section 15 of this act. shall forfeit to the United States the sum of $5,00O for each offense. Every distinct violation shall be sep arste offense, and in case of continu- ia5 violation each day shall be deemed a separate ofrense.
 Ii 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 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 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 it's own 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 disobedience of such order shall happen, for an en- forcement of such order. Such applica- tion 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 r. shall deem needful in the ascertain n,ent 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. ii appears that the order was lawfully made and duly served, and that the catrier is in disobedience of the same, the court shall enforce obedience to such order by 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 tbe same: and in the enforcement of such process the court shall have those powers ordinarily exercised by 1t 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 over 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 clrcvif courts nf the ilnitad Staisa