Page:United States Statutes at Large Volume 25.djvu/906

 FIFTIETH CONGRESS. Sess. II. Ch. 382. 1889. 861 jlpry, as prov1ded by the seventh amendment to the Constitution of the nited States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said Commission as provided in the nfteenth section of this act, it shall be V<>1-¤’4·v·884- lawful for any company or person interested in such order or requirement to apply in a_ summary way by petition to the circuit court of the_Un1ted States sitting as a court of aw in the judicial district in which the 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 said court shall by its order then Hx a time and place for the trial of t,g{""’” °f °°“"” f°' said cause, which shall not be less than twenty nor more than forty ` days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending Pm . to forthwith serve a copy of said petition, and of said order, upon cme` each of the defendants, and it s all be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. At the trial of the findings of fact of said Commission as set forth in its report shall be prima facie evidence of the matters therein stated, and if - either party shall demand a jur or shall omit to waive a jury the court s all, by its order, direct the marshal forthwith to summon a summoumgjuq. jury to try the cause; but if all the parties shall waive a jury in Waivimzjury. writing, then the court shall try the issues in said cause and render its judgment thereon. If the subject in dispute shall be of the value of two thousand dollars or more either party may ap eal to the APP°·°l· Supreme Court of the United States under the same regulations now provided by law in res act to security for such a pea]; but such appeal must be taken within twenty days from the d)ay of the rendition of the judgment of said circuit court. If the judgment of the circuit court shall be in favor of the arty com laining, he or they shall be entitled to recover a reasonable counselpor attorney’s fee, to be fixed by the court, which shall be collected as part of the costs in the com. case. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always aI$i;¢5¤i;¤¤¤·¤*tS ¢<> be in session." yi SBS5m` - Sac 6. That section seventeen of said act is hereby amended so as m;§]"{§“dm*”‘**° to read as follows: VM- i24m.  "SEO. 17. That the Commission may conduct its proceedings in _ 0<>¤<1¤c¤·¤f1p[·gc~··>·\- such manner as will best conduce to the proper dispatch of business “`g°` °f C°""‘“`°‘°”‘ and to the ends of justice. A majority o 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 interest. Said Commission may, from time to time. make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in person or by attorney. Every vote and official act of the Commission shall be ac{§°°"* °*‘°‘°* Md entered of record, and its proceedings shall be public upon the request of either party interested. Sai Commission shall have an otheial seal, which shall be judicially noticed. Either of the members of the Commission may administer oaths and atiirmations and sign subpoenas subp\·24.1>-396 " Sec. 18. That each Commissioner shall receive an annual salary Salariesof seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission shall a point a secretary. who shall receive an annual salary of three thousand five hundred dollars, payable in like manner. The