Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-01

Ahe hdNes anu charges Tor the transpOflh-
tion Of freight otherwise provided for in
this act; whereupon a copy Of the conf
plant shall be served upon such railway
company or common carrier in the same
manner as process in civil cases is served.
who shall be required 10 satisfy the COM
plant, or file written answer thereto
within a reasonable time to be fixed by
the commission. II such railway COM
pany or common carrier within the time
specified shall make reparation for the
Injury alleged to have been done, or shall
correct the wrong complained of. IL shall
be relieved of liability to the complainant
| for the particular violation complained
or If said railway company or common
carrier shall not satisfy the complaint
within the time fixed and there shall APP
pear to be reasonable ground for in
vestigation of the complaint upon it's
merits, said commission shall proceed to
an inquiry and hearing into the matters
complained of In such manner and by
such means as 1t shall think proper. and
shall give the parties thereto written no.
tice of the time and place for such hear
ing and upon such hearing said commits
sion shall make such order or orders with
respect to said complaint as may be
deemed Just and reasonable. Whenever
said commission has reason to believe
that any railway company or common
carrier is violating any provision of this
act or any laws of this state relative to
the control and regulation of railway
companies or common carriers, II shall
at once institute an inquiry and fix time
and place for a hearing thereon, upon
their own motion, and shall make any
order or orders as may upon said hear
ing be deemed just and reasonable. Pro-
vided, that nothing herein shall prevent
any person or persons proceeding against
any railway company or common carrier
under the law of this state for such cases
made and provided
Copy to He Furnished Roads,
(a) Said order OF orders, together with
the findings of fact and the conclusions
of said commission based thereon. shall
be reduced to writing and agreed upon
the record. and a copy thereof with the
date when said order or orders shall go
into force and effect shall be furnished
to the party who complained, and any
other person or persons directly inter-
ested therein, and to any railway COM
pany or common carrier complained of,
or with reference to whom a hearing has
been had before said commission on their
own motion. and said order or orders shall
go into force and effect at such time as
is, within the discretion of the commits
sion, just and reasonable, and said order
or orders, the findings of fact and con-
illusions contained in said record shall
thereafter, in all judicial proceedings,
when properly authenticated as herein
provided, be admitted in evidence without
further proof as prima facle evidence OF
every fact found, and that said order or
orders are prima facie, Just and reason
able; provided, always that no order for
orders shall go into force and effect
within ten days after the mailing OF said
notice to the persons affected thereby.
(b) Said order or orders provided for in
this section shall be in force and effect
from and after the said date fixed by the
commission and shall so remain until an
nulled, modified or revised by said commits
sion. or until finally adjudged to be un-
reasonable and unjust in court OF COM
petent Jurisdiction. provided that no fur
Their hearing need be had before said COM
mission with reference to said order or
orders. provided, further, that II said rail-
way company common carrier, person
persons affected by said order or orders shall
appeal from the decision of said commits
sion to any district court In this state, said
order or orders shall be held in allegiance
until finally determined to be Just and rea-
sonable in said court.
Enforcement of Orders.
Sec. TO- Orders OF Commission-How, en-
forced.
Whenever any railway company or COM
mon carrier shall violate or refuse or
neglect to obey any order or orders OF said
commission which have been finally es-
tablished, II shall be the duty of the COM
mission, or any company or person inter-
ested in such orders. to apply in a summary
way, by petition, to the district court in
county In this state in which said railway
company or common carrier has an office.
or in any county through which its line
of road passes or is operated or in which
the violation or disobedlence of such order
or orders shall happen. alleging such vio-
lation or disobedience. as the case may be;
and the said court shall have power to hear
and determine the matter, on such short
notice to the railway company or common
carrier complained of, as the court shall
deem reasonable: and such notice may be
served on such railway company or COM
mon carrier, its officers agents or servants,
as the court shall direct; and said court
shall proceed to hear and determine the
matter speedily as a court Of equity, and
without the formal pleadings and proceed
ings applicable to ordinary suits in equity,
but in such manner as to do justice in the
premises; and to this end, such court shall
have power II It think At, to direct and
prosecute, in such mode and by such per-
sons as IL may appoint. all such inquiries
as the court may think needful to enable
It TO form Just Judgment in the matter of
such petition; and II II be made to appear
TO such court on such hearing. or on the
report of any such persons, that the order
or orders of the commission drawn in ques-
ton has been violated or disobeyed II
shall be lawful for such court to issue a
writ of INDUCTION. or other proper process,
mandatory or otherwise, 10 restrain such
railway company or common carrier. and its
owners, directors, officers, agents. employ
es. lessees, trustees or receivers upon whom
the duty may devolve OF through whose
agency said order OF orders are to be car
ried out from further continuing such vio-
lation or disobedience of said order or or
ders, and enjoining obedience to the same.
and in case Of any disobedience of any
such writ of INDUCTION, or other proper
process, mandatory or otherwise said rail-
way company or common carrier, and its
owners directors. officers, agents, EN-
pIoyes lessees. trustees OF receivers, to
whom said writ of INDUCTION OF other pro-
cess, mandatory or otherwise, was directed.
shall be guilty OF contempt of court, and
II shall be lawful for such court to issue