Subpoenas and orders to produce books, etc., may be enforced by contempt (N. M.) proceedings. Laws 1912, c. 78, § 6. For provisions as to procedure in case of removal to supreme court, see Same, §§ 13-15. The commission may enforce its orders relative to attendance and testifying New York. of witnesses by prosecuting for misdemeanor, or by proceeding for contempt. Laws 1910, c. 480, Pub. Ser. Com. Law, § 19. Failure to obey any order renders the corporation liable to a penalty not to exceed $1,000 for each offense, to be recovered in any court of competent jurisdiction. Laws 1910, c. 673, § 3, Pub. Ser. Com. Law, § 102. The commission is also authorized to enforce its orders by proceeding in the supreme court, either by mandamus or injunction. Laws 1910, c. 673, § 3, Pub. Ser. Com. Law, § 103. See, also, § 96. The commission has the same power to punish for contempt as is conferred North upon superior courts. Rev. 1905, § 1067. Carolina. "In all cases in which, upon appeal, a judgment of the corpora- Rev. 1905, If no appeal be taken within the time prescribed by law but the corporation fails to obey, the commission may apply to a superior court judge for a peremptory mandamus, and if the judge finds the order valid and within the authority of the commission, such mandamus shall issue. Appeal allowed to supreme court for the refusal or granting of such mandamus. Rev. 1905, § 1081. The filing of rates may be compelled by mandamus proceedings. Rev. Codes North 1905, § 4342. Dakota. Orders of the commissioners shall be enforced by equitable action in the name of the state, to be instituted by the attorney-general whenever advised by the commissioners of any violation of such order. Procedure prescribed. Same, § 4347. The attendance of witnesses and production of books, etc., may be compelled by contempt proceedings. Same, § 4354. Orders of the commissioners may be enforced by injunction proceedings at suit of commissioners or of any company or person interested in such orders. Procedure prescribed. Same, §§ 4358-4360. Such suit, by the commissioners, shall be prosecuted by the attorney-general, who may have the assistance of any state's attorney of county where proceedings àre instituted. Same, § 4361. Ohio. Oklahoma. Oregon. Pennsylvania. Rhode South South Obedience to orders relating to the production or examination of books, etc., or requiring witnesses to testify may be enforced by contempt proceedings. Laws 1911, p. 549, § 8 [614-6]. The attorney general, upon request of the commission, shall bring proceedings in mandamus or injunction to enforce orders of the commission. Same, § 70 [614-67]. The above provisions are continued in force in connection with the public utilities commission. Laws 1913, p. 804, § 20 [499-7]. The attorney general, upon request of commission, shall by mandamus or other appropriate proceedings enforce the provisions of the section relating to accounting. Same, $27 [499-14]. The commission shall have authority, as a court of record, to punish for contempt, and to enforce by its own appropriate process, its lawful orders and requirements, after due notice and hearing. Const., Art. 9, § 19. Procedure for enforcement of orders, by contempt or other form of action, prescribed. Rev. Laws 1910, §§ 1193-1201. In case of disobedience to any order or subpoena the commission may institute contempt proceedings in the circuit court. Laws 1911, c. 279, § 47. The attendance and testifying of witnesses and the production of books, papers, etc., may be enforced by contempt proceedings. Laws 1913, No. 854,1 Art. VI, §§ 3. 4. Orders of the commission may be enforced by proceedings in mandamus or injunction. Same, § 33. The attendance and testifying of witnesses and the production of books, etc., may be enforced by contempt proceedings. Laws 1912, c. 795, § 15. The attorney-general shall, upon direction of the commission, bring action in the supreme court to prevent violations, or threatened violations, of the orders of the commission. Same, § 31. "If any railroad company shall neglect or refuse to comply with the provisions of this Chapter or with the rules and regulations prescribed by said Commissioners within the limits of their authority, such company shall be subject to a writ of mandamus, *** to require compliance with said laws or said rules and regulations, *** Code 1902, § 3208. This probably applies to telegraph companies, § 3327; and to telephone companies, § 3162. "If any common carrier, or any person, firm, association or corporation, or any officer or agent of such common carrier, or person, firm, association or corporation, having failed to appeal from any final order or determination of the board of railroad commissioners, or, having perfected an appeal and said order having been affirmed on appeal, shall fail, neglect or refuse to obey any such final order or determination, the enforcement of said order shall be by a proceeding in mandamus in the supreme court of the state of South Dakota or in the circuit court of the state of South Dakota, in and for the county 'Effective January 1, 1914. (S. D.) where such proceedings were had, or by any other appropriate proceeding, in the discretion of such court." Laws 1913, c. 312, § 10. The filing and publishing of rates may be enforced by mandamus proceedings. Laws 1911, c. 207, § 10, as am'd 1913, c. 304. Orders relating to witnesses and the production of books and papers may be enforced by contempt proceedings. Laws 1911, c. 207, § 15. In case of violation of any lawful order of the commission, it shall be the duty of the board, and shall be lawful for any person interested to apply by petition to the circuit court for a writ of mandamus or other process to compel obediThe court may also impose a fine not to exceed $1,000 per day for failure to obey order of court. Procedure prescribed for speedy hearing of such petitions. Same, § 19. ence. Orders and regulations may be enforced in the same manner provided for enforcement of orders and regulations with reference to other carriers. Laws 1909, c. 289, § 11, as am'd Laws 1911, c. 218. § 7. "Every owner or operator of a telephone line and any officer If the commission be of opinion that a telephone or telegraph company is doing Tennessee. or about to do anything in violation of an order of the commission, it shall direct the attorney general to begin an action for appropriate relief by mandamus, injunction or otherwise. Acts 1913, c. 32, § 10. "*** in case of failure or refusal to comply with any order of the Commission or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated any Circuit Court in this State, or any Judge thereof, on application of a Commissioner, shall issue an attachment 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." Same, § 14. Failure to obey an order makes telegraph or telephone company, and officer or agent liable to fine of $100 to $1000. Same, § 15. The attendance and testifying of witnesses and the production (by railroads) of books, papers, etc., may be compelled by contempt proceedings. Acts 1897, c. 10, § 10. For other provisions relating to the enforcement of the act giving the commission supervisory authority over railroads, see Same, §§ 25-28, as am'd 1907, c. 390, § 32. Compliance with subpoenas may be enforced by proceedings in contempt, and Vermont. persons failing to obey are subject to penalties provided in connection with courts of law and in equity. Laws 1908, No. 116, § 3. Failure to obey a final order renders company liable to fine of $500-$5,000. Same, § 6. Virginia. Washington. West Wisconsin. United Provision similar to that in Oklahoma, Const., Art. 9, § 19, is made in Const., § 156 (c); Code 1904, § 1313a (26). See, also, §§ 1313a (27), (28). It is the duty of the attorney-general to see that all laws, the enforcement of which devolves upon the commission, are enforced. Laws 1911, c. 117, § 5. The attendance of witnesses and the production of books, etc., may be enforced by contempt proceedings. Same, § 75. The commission is authorized to direct the attorney-general to enforce its orders by mandamus or injunction. Same, § 93. Penalties are provided for violation of any order of the commission by a public service company, or any officer, agent or employee thereof, or by any other corporation or person. Same, §§ 94-96. ** The commission may compel obedience to its lawful The commission may compel the giving of evidence and the production of books, etc., by contempt proceedings. Same, § 13. Orders and subpoenas may be enforced by proceedings in contempt in the circuit court. Stats. 1911, § 1797m-53. The above applies to telephone companies. For similar provision as to telegraph companies see, Same, § 1797-13. 10. PENALTIES. In case any common carrier violates any provision of the Act to Regulate Commerce, and an individual is injured thereby, the carrier shall be liable for the full amount of damage sustained, together with a reasonable attorney's fee. § 8, Act to Regulate Commerce, as am'd. Such claims may be made to the commission, or in a federal court, but not in both. Same, § 9. Any common carrier, or director, officer, agent or employe, violating the act shall be liable to a fine not to exceed $5,000 for each offense. Same, § 10. For failure to obey any order made under § 15 (rate fixing) $5,000 for each offense, each day being a separate offense. Same, § 16. For failure to comply with requirements of section relating to valuation of property, $500 for each offense. Same, § 19a, added by Act of March 1, 1913. For failure to file annual report, or any periodical report called for by commission, $100 per day. For any person wilfully falsifying, mutilating, destroying or failing to make correct entries on records, fine $1,000-$5,000 or imprisonment 1-3 years, or both. For improper divulging of information by an examiner fine not to exceed $5,000 or imprisonment not to exceed two years, or both. Same, § 20. For failure or refusal to comply with an order requiring the production of books, etc., $100 per day. District Appropriation Act, March 4, 1913, § 8, par. 35. Any public utility, or agent, director or officer thereof who shall violate the provisions of the act relating to the issue of securities shall be fined $100-$10,000 for each offense. District Appropriation Act, March 4, 1913, § 8, par. 79. Every director, president, secretary or other official who shall make any false statement to secure the issue of any security, or thereby procure the commission's certificate authorizing such issue, or with knowledge of such fraud issue or cause to be negotiated such security shall be fined not less than $1000 or imprisoned not less than one year, or both. Same, par. 80. For unjust discrimination, as defined, the public utility shall be fined $100$1000; the agent or officer offending, $50-$100 for each offense. Same, par. 81. For soliciting or accepting rebates, $200-$1000 for each offense. Same, par. 83. "That any officer, agent, or employee of any public utility who shall fail or refuse to fill out and return any blanks, as required by this section, or shall fail or refuse to answer any question therein propounded, or shall knowingly or willfully give a false answer to any such question, or shall evade the answer to any such question where the fact inquired of is within his knowledge, or who shall, upon proper demand, fail or refuse to exhibit to the commission or any commissioner, or any person authorized to examine the same, any book, paper, account, record, or memoranda of such public utility which is in his possession or under his control, or who shall fail to properly use and keep his system of accounting, or any part thereof, as prescribed by the commission under this section, or who shall refuse to do any act or thing in connection with such system of accounting when so directed by the commission or its authorized representative shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $200 nor more than $1,000 for each offense, and a penalty of not less than $500 nor more than $2,000 shall, on conviction, be imposed on the public utility for each such offense when such officer, agent, or employee acted in obedience to the direction, construction, or request of such public utility or any general officer thereof." Same, par. 84. "That if any public utility shall violate any provision of this section, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it for which a penalty has not been provided, or shall fail, neglect, or refuse to obey any lawful requirement or order made by the commission, or any judgment or decree made by any court upon its application, for every such violation, failure, or refusal such public utility shall forfeit and pay to the District of Columbia the sum of $200 for each such offense. In construing and enforcing the provisions of this paragraph, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility acting within the scope of his employment and instructions shall in every case be deemed to be the act, omission, or failure of such public utility." Same, par. 85. Any person who shall injure or interfere with any apparatus or appliance of commission shall be fined not to exceed $100 or imprisoned not to exceed 30 days, or both. Same, par. 86. Each day's violation of act or order of commission shall be a separate offense. Same, par. 87. District of Columbia. |