The Bismarck tribune., 1923-03-05

the same Exhibit Il" that is attach
cd To the interlocutory Injunction is
sued from this Court in said above
entitled cause August 25, 1922.
CD That defendants. and the inter
venor. and each Of them. their
agents. servants, employees, attorneys.
and the successors Of each and all Of
them, and all other persons. be. and
they are hereby, restrained. enJoined.
ana prohibited from taking any stens
officers. agents and employees. to en-
force any penalty or remedy against
piantiif its officers. agents or EN- !,
ployes for disregarding the rates and
tor maintaining in effect and charg,,
ing and collecting the rates and
charges not in excess of the rates and
charges set up in Exhibit e" during
others are restrained as ordered in
the paragraphs immediately preced-
ing. being numbers (D and (2).
HD That this restraining order
shall take effect and continue In force
unon the following conditions. and not
otherwise:
(aJ That plaintiff shall forthwith
execute and file with the Clerk Of this
court. with surcties to be approved
by the Court. bond or undertaking
in the sum of twenty-five thousand
dollars t$2j .000l. for the use of de-
fe"dants and of all other persons pay
ing water rates and charges TO the
plaintim while this restraining order
repayment with interest at the I'3t
&c 90 per cent per anlIum from the
date of payments. II demanded. of
any part OF its rates and charges in
schedule Exhibit A.. as may be fin
ally adjudged to be in excess Of rea-
sonable rates. if IL shall be finally
adiudgcd that the additional rates
which arc made or collected under
charges described in said Exhibit
A. should not have been allowed.
and conditioned upon the payment Of
such other costs and damages ff anvD
as may be incurred or suffered by
any party who may be found to have
been wronGfnlly enjoined or. restrain
cd thereby. ..t a'.'..r..- s~
That the plaintiff shall keep an &C
curate accoun! of cthe rates and
charges made byiit pursuant to this
order, showing specially and in de-
tail all collections and charges made
by IL and so that the excess above
, atPly aScertained! ''.a..|
'(5> That this. Court reserves eX-
elusive Jurisdiction of such bond and
of the parties thereto, who by execut-
enforcement Of the obligation, Of the
bond and of the recovery Of damages
for any breach thereof
/ 90 The parties. through, their at
forDeSs. having intn1ated i'm open
: court that ~ would be satisfactory.
present appica ton. that the same
should remain in force and effect, un-
til the final hearing, Of the case. or
until the further order, of the Court.
and that a ;}hearing before three
Judges upon the application for an in
te,locutory = in junction under section
:s6 Judicial Code would. be waived:
parties hereto. by. their attorneys.
within eight % days from the, dat
of this order. file a written stimulation
covering the continuance Of this or
der and waving hearing on the ap-
nication for an ipterlOcutOry miunc-
tion. as above outlined. then this re-
straining order shall reman in force
termination of the case. or until the
further order Of the Court II such
stimulation is not filed. this restra mir"
order shall continue in force and ef-
feet for the period of ten I0 days
from the date hereof subject to en-
tension by further order Of the Court
until the matter Of hearing the appl' :
disposed Of.
(Signed,
Wilbur +. Deoth.
Judge.
Dated March 1st, 1928
der is the order of the Board Of Rail-
road Commissioners dated Dec. 20.
1922 allowing company to encrease its
original rates flat 16 2-3 percent.
Exhibit u. referred to herein is the
order of the Federal Court dated