Page images
PDF
EPUB

Reparation or Satisfaction by Carrier.

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 (Sec. 13.)

Trial or Investigation by Commission.

If such a carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of IN

SUCH MANNER AND BY SUCH MEANS AS IT SHALL DEEM PROPER.

(Sec. 13.)

When Commissioners Shall Not Dismiss Com

plaint.

No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (Sec. 13.)

Form of Report of Commission.

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 include: (Sec. 14.)

(a) Findings of fact upon which the conclusions of the Commission are based. (Sec. 14.) (b) Together with its recommendation 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; (Sec. 14.)

(c) And such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. (Sec 14.)

Recording Reports of Investigation. All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. (Sec. 14.)

Decision of Commission and Proceedings Thereunder.

That if in any case in which an investigation 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 evidence, (1) that any thing 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 common carrier, or (2) that any injury or damage has been sustained by the party or parties complaining, or (3) by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission:

(a) To forthwith cause a copy of its report in respect thereto to be delivered to such common carrier. (Sec. 15.)

(b) Together with a notice 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. (Sec. 15.)

(c) And if, within 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 compliance with the report and notice of the Commission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. (Sec. 15.)

The Inter-State Commerce Act.

79

Failure of Common Carrier to Obey Judgment of Commission.

First That whenever any common carrier, as defined 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 requirement, 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. (Sec. 16.)

Second: The said court shall have power to hear and determine the matter:

(a) On such short notice to the common carrier complained of as the court shall deem reasonable;

· (6) And such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct. (Sec. 16.)

(c) Said court shall proceed to hear and de

termine the matter speedily as a court of equity, and without the formal 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 power, if it think fit:

(d) To direct and prosecute, in such mode and by such persons as it may appoint, all such enquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and

(e) On such hearing, the report of said Commission shall be prima facie evidence of the matters therein stated. (Sec. 16.)

(f) 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 shall be lawful for such court to issue a writ of injunction or other 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. (Sec. 16.)

(g) And in case of any disobedience of any

« ՆախորդըՇարունակել »