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 process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and, if a corporation, 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. (Sec. 16.)

(h) 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 person in default the sum of five hundred dollars 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 direct, 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

prejudice 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 degree in personam in such court. (Sec. 16.).

Appeal.

When the subject in dispute shall be of the value of two thousand dollars or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations 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. (Sec. 16.)

Petition to Circuit Court-by Whom Presented.

First: Whenever any such petition shall be filed or presented 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. (Sec. 16.)

Second: And the costs and expenses of such

prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. (Sec. 16.)

Third For the purposes of this Act, excepting its penal provisions, the Circuit Courts of the United States shall be deemed to be always in session. (Sec. 16.)

Comments upon the Sections Creating InterState Commerce Commission.

66

An analysis of the sections, which we have given in this chapter, relating to the creation and powers of the Inter-State Commerce Commission, shows that Congress has attempted, under its general right to regulate commerce," to form this Commission into a tribunal that is unique and extraordinary both in law and business. A study of the powers of this Commission shows that Congress has clothed it with more important and extensive judicial attributes than have ever been conferred upon any tribunal created under the laws of the Federal Government.

The Commission becomes, under the Act, not only a suitor or party, but it is a judge in its own causes.

It not only possesses all the powers of a petit

jury, but it has conferred upon it all the inquisatorial attributes of a grand jury.?

First: The Commission has not only the power to investigate charges against railroads or common carriers made by any person, firm, corporation, or association, or body politic, or municipal organization, whether such person, firm, corporation, association, or manufacturing society, or body politic, or municipal organization has any interest in the subject or not; but it may investigate any complaint forwarded by a Railroad Commissioner or Railroad Commission of any State or territory.

The fundamental principle upon which courts act is, that no person can invoke their aid or use their processes unless he has some personal interest in the subject-matter involved. That principle is entirely set aside by this law, and the Commission is authorized to begin investigations at the instance of anybody who chooses to inaugurate them; and it is, moreover, enjoined to dismiss no complaint "because of the absence of direct damage to the complainant."

But more than this, the Commission has the power to set its own machinery in motion ex mero motu, and it is given the authority to institute any enquiry on its own motion, in the

same manner, and to the same effect as though complaint had been made. (Sec. 13.) conferred upon

the

Second: The powers conferred Commission, in respect to the method of investigating charges, are also extraordinary and singular..

If it shall appear to the Commission, that there is reasonable ground for investigation in any case, the Commission, under the 13th section of the Act, is not only authorized, but it is its duty to investigate "the matters complained of in such manner and by such means as it shall deem proper."

Coupling this unlimited authority, with the power which is contained in the subsequent sections of the Act, allowing the Commission to enquire into the management and business of all common carriers; to obtain from such common carrier full and complete general information necessary to enable the Commission to perform the duties and carry out the business for which it was created, and to compel the attendance of witnesses and the production of books and papers before it without stint; the power of one or more Commissioners to prosecute any enquiry necessary to its duties in any part of the United States into any matter or