Page:United States Statutes at Large Volume 25.djvu/905

 S60 FIFTIETH CONGRESS. Sess. II. Ch. 382. 1889. sitting in equityin the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be ; and the said court shall have power to hear and determine the matter, on such shC°“".*° h°°’ °” short notice to the common carrier complained of as the court shall on notice. . deem reasonable ; and such notice may be served on such common carrier, his or its officers, a ents, or servants in such manner as the court shall direct ; and sail court shall proceed to hear and determine the matter speedily as a court of equity, and without the for- Plwdiuzs- mal pleadings and proceedings 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 ower, if it think lit, to direct and proseute 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 hear- $$5; ing the findings of fact in the report of said Commission shall mess. be prima facie evidence of the matters therein stated; 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 _ 00P" *0 me i¤- shall be lawful for such court to issue a writ of injunction or other junction, etc. · · proper process, mandatory or otherwise, to restrain such common . carrier from further 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 in- emwhmeut junction or other proper process, mandatory or otherwise, it shall be °° ymgpr°°°°§` awful for such court to issue writs of attachment, or any other process of said court incident or ap licable to writs of injunction or other prcéper process, mandatory or otherwise, against such common carrier, an if a corporation, against one or more of the directors, officers, or agents of the same, or a ainst any owner, lessee, trustee, receiver, or other person failing to oley such writ of injunction, or other roper process, mandatory or otherwise; and said court may, if it shall)th1nk t, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper rocess, mandatory rms. or otherwise, to pay such sum of money, not exceedling for each carrier or person in defau t the sum of five hundred dollars for every day, after a day to be named in the order, that such carrier or other erson 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 Treasur ; and payment thereof may, without prejudice to any other mode of recovering the E¤*°*‘°°“‘°¤°· 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 final decree in personam in such court. When the subject in dispute shall be of the value of two thousand dollars or more, either party to such Cpptvenls wsupreme pgoceeding before said court may appeal to the Supreme Court of the ' nited States, under the same regu ations now provided by law in respect of security for such appeal; .but such ap eal shall not operate to stay or supercede the order of the court or the execution of any writ or process thereon; and such court ma, in every such matter, order the payment of such costs and counselyfees as shall be deemed ereasonable. Whenever any such pletition shall be filed or presented pr@¤l;<;;'¤¤¤¤¤y *0 by the Commission it shall be the duty of the district attorney, under the direction of the Attorney—General of the United States, to prosecute the same; and the costs and expenses of such rosecution shall beYpa1d out of the appropriation for the expenses otp the courts T _ of the United States. ,,,f§°",§"g,;}$,§,Sgmj’§$g, “If the matters involved in any such order or requirement of said rmi- Commission are founded upon a controversy requiring a trial by