The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1906-05-31


ut shall be the duty of every CON
mon carrier. its agents and employees
to observe aud comply with such OF
derS SO long as the same shall remail
In effect
ANY carrier. amy officer, representa-
tive, or agent Of Z carrier, or any re
ceiver. trustee, lessee, or agent OF ei
ther OF them, who knowingly fails O
neglects to obey any order made unde
the provisions Of section Is of this act
shall forfeit to the United States th,
sum OF $1,000 for each offense. Ever,
distinct violation shall be separate
ouense. and In case of continuin,
violation each day shall be deemed 9
separate offense.
THE forfeiture provided for in this
act shall be payable into the treasury
of the United States, and shall be re-
coyerable In a civil suit in the name OF
the United States, brought in the dis
trict where the carrier has it's princi.
pal operating Office, or In any district
through which the road of the carrier
runs.
Federal Prosecution For Forfeitures.
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
forfeitures. The costs and expenses Of
such prosecution shall be paid out Of
the appropriation for the expenses Of
the courts of the United States. The
may, with the consent Of
the attorney general, employ special
counsel in any proceeding under this
act, paying the expenses Of such en-
plOyment out of its own appropriation.
IF any carrier falls 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
or the commission In its own
hame, 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-
forcenent of such order. Such applica-
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 it shall deem needful in the
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 neces-
sary, it appears that the order was
awfully made and duly served, and
fhatt the eu ucadUiiffrv vfi6ein u9isaha4ienGe .nf
junction, or other proper process, man.
latory or otherwise, to restrain such
carrier, it's officers, agents, or repre-
from further disobedience
If such order, or to enjoin upon 1t, or
them, obedience to the same; and in
the enforcement of such process the
court shall have those powers ordina-
lily exercised by it in compelling obe-
1ience to it's writs of injunction and
AppeAt 10 ouPT0nO SouTSs
"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
causes, but such appeal shall
not vacate or suspend the order ap-
pealed from.
"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 its
principal operating Office, and may be
brought at any time after such order Is
And If the order or re-
Quirement 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.
fee in the District Of Columbia. then
the venue shall he In the district where
said carrier has its principal office, and
jurisdiction to hear and determine such
The provisions Of An act to expedite
the hearing and determination Of suits
in equity, and SO forth approved Feb.
IL, 1903, shall be, and are hereby. made
applicable TO all such suits, including
the bearing 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. 1897. and oil 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
slons thereof, and upon appeal al
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.
The Court Review Section.
Provided, that no injunction. interioc
utory order or decree suspending or re
stralning the enforcement of an orde'
OF the commission shall be granted ex
cept on hearing after not less than nv'
days' notice 10 the commission. An ap
peal may be taken from any iDteriocu
tory order or decree granting or con
tinuing an injunction In any suit, ou
shall lie only to the supreme court o
the United States: Provided further
that the appeal must be taken withi'
thirty days from the entry OF such Oh
der or decree and 1t shall take prece
dence in the appellate court over al
other causes, except causes OF hk
character and criminal causes.
THE copies Of schedules and tarin
OF rates, fares, and charges. and OF a.
contracts, agreements. or arrange
ments between common carriers ME
with the commission as herein PROVO