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shown in bill, and subject to penal damages to the State in the sum
of $1000 a day, provided said injunction is procured in bad faith,
otherwise the usual damages payable to State all or any of said
damages so collected may be applied by the Court to damages of
parties involved in its discretion; and that no injunction shall issue by
any Court to suspend any order of the Commission, except upon
notice to the Commissioners." Acts 1913, c. 32, § 13.

"Any party to a cause who feels himself aggrieved by the final order, judgment or decree of said commission, shall have the right to take the cause to the supreme court by appeal for the correction of any errors excepted to in its proceedings, or in the form or substance of its orders, judgments and decrees on the facts found and reported by said commission."

Proceedings to follow § 4600, Pub. Stats. (1906). Laws 1908, No. 116, § 12.

"*** Such appeal shall not vacate any judgment, order or decree of said board, but the supreme court or, when not in session, a judge thereof, may suspend execution of the same as justice and equity require, unless otherwise specifically provided by law." Pub. Stats. 1906, § 4600.

(Tenn.)

Vermont.

An appeal may be taken, of right, to the supreme court of appeals, and to Virginia. no other court. The order of no other court shall suspend the operation of a ruling of the commission. Upon granting an appeal the operation of the action appealed from shall be suspended, provided the corporation appealing file a suspending bond to secure the refund of rates collected in excess of those allowed in the order. Such appeals shall have precedence on the docket. No new evidence may be introduced in the appellate court. Other details as to appeals prescribed. Whenever court shall reverse an order affecting rates it shall substitute therefor such order as, in its opinion, the commission should have made. Const., § 156 (d-g). See, also, Code 1904, §§ 1105e (53), 1313a (34), (35).

"*** All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review of the courts of orders of the commission the same rule shall apply and pertain with regard to the joinder of complaints and parties as herein provided: *** Laws 1911, c. 117, § 80, as am'd 1913, c. 145.

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“*** In case of an action to review any order of the commission, a transcript of such testimony, together with all exhibits introduced, and of the record and proceedings in the cause, shall constitute the record of the commission." Laws 1911, c. 117, § 81.

"Any complainant or any public service company affected by any order of the commission, and deeming it to be contrary to law, may, within thirty days after the service of the order upon him or it, apply to the superior court of the county in which such proceeding was instituted for a writ of review, for the purpose of having its reasonableness and lawfulness inquired into and determined."

Such writ to be returnable not later than thirty days after issuance, unless a further time be fixed by the court. Said cause shall be heard without a jury on before the commission. Upon hearing the court shall affirm or set aside order. In case order is reversed because of failure

the evidence and exhibits introduced

Washington.

(Wash.)

West
Virginia.

of commission to receive proper testimony, the cause shall be remanded to the commission with instructions to receive such testimony and enter a new order based thereon. The court may remand any cause to the commission for further action. Same, § 86.

Appeal may be taken to the supreme court within twenty days after entry of judgment of superior court. Procedure prescribed. Same, § 88.

"Any public service company affected by any order of the commission, and deeming itself aggrieved, may, after the expiration of two years from the date of such order taking effect, petition the commission for a rehearing upon the matters involved in such order, setting forth in such petition the grounds and reasons for such rehearing, which grounds and reasons may comprise and consist of changed conditions since the issuance of such order, or by showing a result injuriously affecting the petitioner which was not considered or anticipated at the former hearing, or that the effect of such order has been such as was not contemplated by the commission or the petitioner, or for any good and sufficient cause which for any reason was not considered and determined in such former hearing. Upon the filing of such petition, such proceedings shall be had thereon as are provided for hearings upon complaint, and such orders may be reviewed as are other orders of the commission: Provided, That no order superseding the order of the commission denying such rehearing shall be granted by the court pending the review. In case any order of the commission shall not be reviewed, but shall be complied with by the public service company, such petition for rehearing may be filed within six months from and after the date of the taking effect of such order, and the proceedings thereon shall be as in this section provided. The commission, may, in its discretion, permit the filing of a petition for rehearing at any time. No order of the commission upon a rehearing shall affect any right of action or penalty accruing under the original order unless so ordered by the commission." Same, § 89.

Detailed provision is made for appeal to the superior and supreme courts from the decision of the commission on questions of valuation of property. Such review shall be heard upon evidence submitted to the commission. In case finding appealed from is held erroneous the court shall substitute a proper finding, unless error was in rejecting testimony offered before commission, in which case court shall remand case to the commission with instructions to receive such evidence. Same, § 92, as am'd 1913, c. 182.

"Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present his or its petition in writing to the supreme court of appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission before presenting the same to the court, or the judge. The court or judge shall fix a time for the hearing on the application, but such hearing shall not be held sooner than five days, unless by agreement of the parties, after its presentation, and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should

issue, the court or the judge may require bond, upon such conditions
and in such penalty, and impose such terms and conditions upon the
petitioner as are just and reasonable. The hearing of the matter shall
take precedence over all other matters before the court except the
correction of assessments. For such hearing the commission shall
file with the clerk of said court all papers, documents, evidence
and records or certified copies thereof as were before the commission
at the hearing or investigation resulting in the entry of the order
from which the petitioner appeals. The commission shall file with
the court before the day fixed for the final hearing a written state-
ment of its reasons for the entry of such order, and after arguments
by counsel the court shall decide the matter in controversy as may
seem to be just and right." Acts 1913, c. 9, § 16.

(W. Va.)

For provisions practically identical with §§ 69, 70, Indiana, supra, see Stats. Wisconsin. 1911, § 1797m-57,-58.

46

Any public utility and any person or corporation in interest being dissatisfied with any order of the commission fixing any rate or rates, tolls, charges, schedules, joint rate or rates or any order fixing any regulations, practices, acts or service may commence an action in the circuit court for Dane county against the commission as defendant to vacate and set aside any such order on the ground that the rate or rates, tolls, charges, schedules, joint rate or rates, fixed in such order is unlawful, or that any such regulation, practice, act or service fixed in such order is unreasonable, in which action the complaint shall be served with the summons.

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'The answer of the commission to the complaint shall be served and filed within ten days after service of the complaint, whereupon said action shall be at issue and stand ready for trial upon ten days' notice to either party.

All such actions shall have precedence over any civil cause of a different nature pending in such court, and the circuit court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions." Same, § 1797m-64.

Such action must be taken within ninety days after the entry or rendition of any order. Same, § 1797m-65.

Circuit court may suspend or stay order after notice and hearing. Same, § 1797m-66.

Provision is made as to new evidence, similar to that in Maryland (§ 458), in Same, §§ 1797m-67,-68.

Either party may appeal to the supreme court within sixty days of the rendering of the judgment of the circuit court. Same, § 1797m-69.

Procedure shall be as in civil action. Same, § 1797m-71.

The above provisions apply to telephone companies. For similar provisions as to telegraph companies, see Same, §§ 1797-16,-17.

For provision for appeals from orders of the commission relating to the issue of securities, see Same, § 1753-16.

(Wis.)

United
States.

District of
Columbia.

Provision is made for appeals from orders in connection with the purchase of utilities by municipalities. See § 1797m-83, et seq (p. 384, supra).

9. ENFORCEMENT OF ORDERS.

The attendance and testifying of witnesses and the production of books, etc., may be compelled by contempt proceedings. § 12, Act to Regulate Commerce, as am'd.

"If any carrier fails or neglects to obey any order of the commission other than for the payment of money, while the same is in effect, the Interstate Commerce Commission or any party injured thereby, or the United States, by its Attorney-General, may apply to the commerce court for the enforcement of such order. If, after hearing, that court determines that the order was regularly made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same." Same, § 16.

The district courts shall have jurisdiction of mandamus proceedings to compel compliance with the provisions relating to valuation of property. Same, § 19a, added by act of March 1, 1913. (Quoted on p. 201.)

The commerce court, which under the act of June 18, 1910, had jurisdiction over suits to enforce orders, was abolished, effective December 31, 1913, by the Appropriation Act approved October 22, 1913, which vested jurisdiction in the district courts and prescribed procedure.

The commission may invoke the aid of any court of the United States or the supreme court of the District of Columbia in requiring the attendance and testimony of witnesses and the production of books, etc. The commission may call upon any district attorney of the United States, the corporation counsel of the District of Columbia, or any counsel of the commission to enforce the provisions of the commission law. District Appropriation Act, March 4, 1913, § 8, par. 35.

“*** In case of disobedience on the part of any person or persons to comply with any order of the commission or any commissioner, or any subpoena, or on the refusal of any witness to testify to any matter regarding which he may be interrogated before the commission or its agent authorized, it shall be the duty of the Supreme Court of the District of Columbia, or a judge thereof, on application of a commissioner, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein." Same, par. 48.

"*** The commission may enforce its orders in any case by mandamus or other legal or equitable remedy in any court of competent jurisdiction, and it shall be the duty of the corporation counsel or his assistants to represent the commission in every such proceeding." Same, par. 91.

"Each of the commissioners, for the purposes mentioned in
this chapter and in all hearings before it, may administer oaths,
certify to official acts, issue subpoenas, compel the attendance of wit-
nesses and the production of papers, way bills, books, accounts,
documents, and stationery." Code 1907, § 5672.

"In case of failure or refusal
*** to comply with any
order of the commission *** or on the refusal of any wit-
ness to testify to any matter regarding which he may be lawfully
interrogated, any circuit court or city court in this state, or any
judge thereof, on application of a commissioner, shall issue an attach-
ment for such person or persons, and compel them to comply with said
order, *** and the court or judge shall have power to punish
for contempt as in cases of disobedience of a like subpoena issued
from such court, or a refusal to testify therein." Code 1907, § 5673.

See, also, Acts 1909, No. 26, probably not applicable to telephone and telegraph companies.

"The Corporation Commission shall have the power and authority to enforce its rules, regulations, and orders by the imposition of such fines as it may deem just, within the limitations prescribed in Sec. 15 [16] of this Article." Const., Art. XV, § 19.

§§ 54, 55, 75, 81 of the Arizona law (Laws 1912, c. 90) contain provisions which are identical with, or differ only in details of phraseology or procedure from, the provisions from the similarly numbered sections of the California law quoted or referred to below.

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The commission and each commissioner shall have power to issue * * * warrants of attachment, warrants of commitment and all necessary process in proceedings for contempt, in the like. manner and to the same extent as courts of record. * * * Stats. 1911, 1st ex. sess., c. 14, § 54.

The superior court in the county in which any investigation, hearing or proceeding is being held may also compel the attendance and giving testimony of witnesses, and the production of books, papers, etc. Procedure prescribed. Same, § 55 (b).

Violations of law may be prevented and compliance with orders of commission may be enforced by mandamus or injunction proceedings. Procedure prescribed. Same, § 75.

Orders of commission may be enforced by contempt proceedings. Same, § 81.

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Alabama.

Arizona.

California.

The commission is to enforce its orders by penalties provided in this act, Colorado. through proper courts having jurisdiction. Laws 1913, c. 127, § 14.

39 of the Colorado law contains a provision identical with that quoted

above from § 54 of the California law. Same, § 39.

The district court for the county in which any inquiry, investigation, hearing or proceeding may be held may compel the attendance and giving testimony of

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