The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1906-06-01

De delivered or over whose line or lines
such property may pass, and no con
tract, receipt, rule or regulation shall
exempt such common carrier, railroad
or transportation company from the
liability herein imposed. provided that
nothing in this section shall deprive
any holder of such receipt or bill of
lading of any remedy or right of action
which he has under existing law"
Petitions of shippers In suits for
damages may be filed In the United
States circuit court In the district in
which the petitioner resides, and in
such suits all parties In whose favor
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 ward
Ing such damages may be joined as de-
| PENDANTS.
Such suit shall proceed ia all re-
spects like other civil suits for dam
ages, except that on the trial of such
suit the findings and order of the com
mission 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 final
ly prevail he shall be allowed reason
able attorneys fee, to be taxed and
collected as a part of the costs of the
suit. All complaints for the recovery
of damages shall be filed with the COM
mission within two years from the
time the cause of action accrues and
not after, and petition for the en-
forcement of an order for the payment
of money sh.i be filed in the circuit
court within a year from the date of
the order and not after, provided that
accrued claims may be presented with
in year.
The Court Review Section.
The court review section, upon which
the fight In the senate was hottest, Is
as follows:
1.-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 promulgated.
Provided that no injunction, inter
locutory order or decree suspending or
restraining the enforcement of an or
der of the commission shall be granted
except on hearing after not less than
five days notice TO the commission.
An appeal may be taken from any in
terlocutory order or decree granting or
continuing 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 Ii shall take prece-
dence In the appellate court over all
other causes except causes OF like
character and criminal causes"
Federal Prosecution For Forfeitures.
The form of prosecution for for
FIXTURES for violations of the act is
thus defined:
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
commission 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"
Section Z provides that all common
carriers must make annual reports TO
the interstate commerce commission
and answer such questions as the COM
mission may ask. 1t also provides
for monthly reports of earnings and
expenses and that the commission may
prescribe the form of any and all &C
counts. records and memoranda TO toe
kept by common carriers. Failure TO
keep such accounts as are prescribed
by the commission is made punishable
by fine of $500 for each such offense
and for each and every day of the con-
unuance of such offense.
imprisonment For False Entries.
Any person who shall willfully make
any false entry in such accounts or
willfully destroy mutilate, alter or fal-
sify or neglect to make full, accurate
and true entries In such accounts Is
.1.aGa lie0ie 10 a fine or not less man
$1,000 nor more than $1,000 or impris-
onment for a term not less than one
year nor more than three years or both
such fine and Imprisonment.
To carry out and give effect to the
provisions Of the act the commission is
hereby authorized to employ special
agents or examiners who shall have
power TO administer oaths, examine
witnesses and receive evidence.
Any examiner who divulges any fact
or information which may come to his
knowledge during the course of such
examination. except In so far as he
may be directed by the commission or
by a court or judge thereof. shall be
subject to a fine Of not more than So