Page:United States Reports, Volume 209.djvu/233

 09 U. . catemet of the Ce. The Crrcuit Judge upon this bill granfl an interlocutory injunction, until the further order of the court, against the mem- bers of the corporation commission and the attorney general and assistant attorney general, restraining them from taking any proceedinga towards the enforcement of the acts, or putting the acts in respect to freight charges or passenger rates, or any part or either of the acts, into effect, and fim prosecuting any suit or action, civil or criminal, against the railway company, its officers, agents or employS. The order also provided for the execution of a bond on the part of the railway company in th sum of $325,000, conditioned to pay into the registry of the court from time to time, as the court might order, such sums of money as should be equal to the difference between the gregate freight and passenger rates and excess baggage charges, charged and received by the company for intrastate service on its lines in the State of North Carolina, and what would have been the aggregate amounts for such service at the rates fixed in or under the acts of the assembly, above mentioned. The order provided a method of procedure by giving to each pur- chaser of a ticket a coupon for the payment of the difference stated, on presenting the coupon to the registry clerk, if the act should be finally held valid Section 4 of the act of the legislatun, prescribing the maxi- mum charges for the transportation of passengers in North Carolina, enacted that any railroad company violating the pro- visions of the act should bc liable to a penalty of five hundred dollars for each violation, payable to the person aggrieved, recoverable in an action in his name in any court of comig, tcnt jurisdiction in the State; and any agent, servant or cmployd of a railroad company violating the act was declared guilty of a misdemeanor, and, upon conviction, was to be punished by fine or imprisonment, or both, in the discretion of the court. The act in relation to freight, )y the second section, provided that if the company should make charges for the shipmezxt of freight in violation of the act it should be guilty of a misde- meanor, and, upon conviction fined ot less than one hundred

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