176 



CONGRESS. (IHTEB8TATE COMMEKCE.) 



called upon to satisfy the complaint or to answer the 

 same in writing within a reasonable time, to be speci- 

 fied by the commission. If such common carrier, 

 within the time specified, shall make reparation for 

 the injury alleged to have been done ? said carrier shall 

 be relieved of liability to the complainant only for the 

 particular violation of law thus complained of. If 

 such carrier shall not satisfy the complaint within the 

 time specified., or there shall appear to be any reason- 

 able ground for investigating said complaint, it shall 

 be the duty of the commission to investigate the mat- 

 ters complained of in such manner and by such means 

 as it shall deem proper. 



Said commission shall in like manner investigate 

 any complaint forwarded by the railroad commis- 

 sioner or railroad commission of any State or Terri- 

 tory, at the request of such commissioner or commis- 

 sion, and may institute any inquiry on its own motion 

 in the same manner and to the same etfect as though 

 complaint had been made. 



No complaint shall at any time be dismissed be- 

 cause of the absence of direct damage to the complain- 

 ant. 



SEC. 14. That whenever an investigation shall be 

 made by said commission, it shall be its duty to make 

 a report in writing in respect thereto, which shall in- 

 clude the findings of fact upon which the conclusions 

 of the commission are based, together with its recom- 

 mendation as to what reparation, if any, should be 

 made by the common carrier to any party or parties 

 who may be found to have been injured ; and such find- 

 ings so made shall thereaiter, in all judicial proceed- 

 ings, be deemed prima-facie evidence as to each and 

 every fact found. 



All reports of investigations made by the commis- 

 sion shall be entered of record, and a copy thereof 

 shall be furnished to the party who may have com- 

 plained, and to any common carrier that may have 

 been complained of. 



SEC. 15. That if in any case in which an investiga- 

 tion shall be made by said commission it shall be 

 made to appear to the satisfaction of the commission, 

 either by the testimony of witnesses or other evi- 

 dence, that anything has been done or omitted to be 

 done in violation of the provisions of this act, or of 

 any law cognizable by said commission, by any com- 

 mon carrier, of that any injury or damage has been 

 sustained by the party or parties complaining, or by 

 other parties aggrieved in consequence of any such vio- 

 lation, it shall DC the duty of the commission to forth- 

 with cause a copy of its report in respect thereto to be 

 delivered to such common carrier, together with a no- 

 tice to said common carrier to cease and desist from 

 such violation, or to make reparation for the injury so 

 found to have been done, or both, within a reasonable 

 time, to be specified by the commission ; and if, with- 

 in the time specified, it shall be made to appear to 

 the commission that such common carrier has ceased 

 from such violation of law, and has made reparation 

 for the injury found to have been done, in compli- 

 ance with the report and notice of the commission, or 

 to the satisfaction of the party complaining, a state- 

 ment to that effect shall be entered of record by the 

 commission, and the said common carrier shall there- 

 upon be relieved from further liability or penalty for 

 such particular violation of law. 



SEC. 16. That whenever any common carrier, as de- 

 fined in and subject to the provisions of this act, shall 

 violate or refuse or neglect to obey any lawful order 

 or requirement of the commission in this act named, 

 it shall be the duty of the commission, and lawful for 

 any company or person interested in such order or re- 

 quirement, to apply, in a summary way, by petition, 

 to the Circuit Court of the United States sitting in 

 equity in 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 short notice to the common carrier complained 

 of as the court shall deem reasonable ; and such no- 

 tice 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 a court of 

 equity and without the formal pleadings and proceed- 

 ings 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 power, if it think fit, to di- 

 rect and prosecute, in such, mode and by such pur- 

 sons as it may appoint, all such inquiries as the court 

 may think needful to enable it to form a just judg- 

 ment in the matter of such petition ; and on such, 

 hearing the report of said commission shall 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 law- 

 ful order or requirement of said commission drawn in 

 question has been violated or disobej ed, it shall be 

 lawful for such court to issue a writ of injunction or 

 other proper process, mandatory or otherwise, to re- 

 strain such common carrier from further continuing 

 such violation or disobedience of such order or re- 

 quirement of said commission, and enjoining obedi- 

 ence 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 to issue writs of attachment, or any other pro- 

 cess of said court incident or applicable to writs ot in- 

 junction or other proper process, mandatory or other- 

 wise, against such common carrier, and if a corpora- 

 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 per- 

 son in default the sum of $500 for every day after a 

 day to be named in 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 di- 

 rect, 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 preju- 

 dice 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 final decree in personam in such 

 court. When the subject in dispute shall be of the 

 value of $2,000 or more, either party to such proceed- 

 ing before said court may appeal to the Supreme 

 Court of the United States, under the same regula- 

 lations 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 may, in 

 every such matter, order the payment of such costs 

 and counsel fees as shall be deemed reasonable. 

 Whenever any such petition shall be filed or pre- 

 sented 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 or such prosecution shall 

 be paid out of the appropriation for the expenses of 

 the courts of the United States. For the purposes of 

 this act, excepting its penal provisions, the circuit 

 courts of the United States shall be deemed to be al- 

 ways in session. 



SEC. 17. That the commission may conduct its pro- 

 ceedings in such a manner as will best conduce to the 

 proper dispatch of business and to the ends of justice. 

 A majority of the commission shall constitute a quo- 

 rum for the transaction of business^ but no commis- 

 sioner shall participate in any hearing or proceeding 

 in which he has any pecuniary interest. Said com- 



