Page:United States Statutes at Large Volume 24.djvu/418

 FORTY-SIXTH C ONGRESS. Sess. II. Ch. 101. 1887. 385 of such order or requirement shall happen, alleging such violation or disobedience, as the case may be ; and the said coprt shall liave power Court to hear ou to hear and determine the matter, on such short notice to the common *h°" “°“°"· carrier complained of as the court shall deem reasonable; and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct; and said court shall proceed to hear and determine the matter speedily as 2, court of equity, and without the formal pleadings and proceedings applicable to ordi- Pleadios. nary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power, if it think tit, to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition ; and on such hearingthe report of said Report or Com- Commission shall be prima facie evidence of the matters therein stated; ¥¤i¤¤i¤¤1¤iM•¤f¤¢i¤ and if it be made to appear to such court, on such hearing or on report of ‘*“ *° ‘"“°"· any such person or persons, that the lawful order or requirement of said _ Commission drawn in question has been violated or disobeyed, it shall. pw'? "° '"“° be lawful for such court to issue a writof injunction or other proper "'J“°°h°”’ °t°' process, mandatory or otherwise, to restrain such common carrier from tnrther continuing such violation or disobedience of such order or requirement of said Commission, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court io issue writs of attachment, or any other process of said court Writ or attachincident or applicable to writs of injunction or other proper process, PEM °¤ di¤°*>°Y· mandatory or otherwise, against such common carrier, and if a corpora- mg I"°°""‘ tion, against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of five hundred dollars for every day after ss day to be named in Money penalty. the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, or into the Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ'of execution, in like manner as if the same had been recovered by a iinal decree in personam in such court. When Appeals ro suthe subject in dispute shall be of the value of two thousand dollars or I>¤‘°¤° C°¤’*· more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; and such court muy, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any such petition shall be Bled District attorney or presented by the Commission it shall be the duty of the district to P¤·¤¤¤¤*¤· attorney, under the direction of the Attorney-General of the United States, to prosecute the same; and the costs and expenses of such prose- com. cation shall be paid out of the appropriation for the expenses of the courts of the United States. For the purposes of this act, excepting Circuit cqmsw its penal provisions, the circuit courts of the United States shall be W; :1**F** m “°°‘ deemed to be always in session. ”' ‘ 81:0. 17. That the Commission may conduct its proceedings in such conduct of promanner as will best eonduee to the proper dispatch of business and to ¤¤¢¤f¤s¤ of (Wm-, the ends of justice. A majority of the Commission shall constitute a “‘*°°*°‘”· quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary srxr 1.-voL xxrv-·-25