'Commission mission in the premises; such suit shall proceed in all respects like other civil suits for damages, except that upon the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated. The Commission shall be authorized to suspend or may suspend or modify its order upon such notice, and in such manner as it shall deem proper. modify order. Penalty for disobedience of order. Forfeiture recoverable in civil suit. Duty of At or District Attorney to prosecute. It shall be the duty of every common carrier, its agents and employes, to observe and comply with such orders as long as the same shall remain in effect. Any common carrier, officer, representative or agent of a carrier, or any receiver, trustee, lessee or agent, or either of them, who knowingly neglects or fails to obey any order made under the provisions of this Act, other than for the payment of money, shall forfeit to the State the sum of One Thousand Dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation, each day shall be deemed a separate offense. The forfeiture provided for in this Act shall be payable into the treasury of the State and shall be recoverable in a civil suit in the name of the State, in the District Court where the common carrier has its principal operating office, or in any district through which the road of the common carrier runs, or is located. It shall be the duty of the Attorney General or the torney General District Attorney in the district wherein the cause of action arose, under the direction of the Attorney General of the State, to prosecute for the recovery of forfeiture. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of said Commission. Lawful for grant a re hearing. Sec. 17. If, after a decision, order or requirement Commission to has been made by the Commission in any proceeding, any party thereto shall at any time make application for a rehearing of the same or any matter determined therein, then it shall be lawful for the Commission in its discretion to grant such hearing, if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the Commission may establish. Derisions of Commission subject to ap After a decision, order or requirement has been made by the Commission, as provided in section 15 of peal to District this Act, any carrier or carriers affected thereby may, at any time within the time limit of such decision, order or requirement, appeal therefrom to the District Court of the City and County of Denver or of the district in Court. ་ which the violation of this Act is alleged to have occurred, which court may either sustain the decision, order or requirement of the Commission, or may set aside, suspend or annul all or any part thereof. The taking and pendency of such appeal shall of itself stay or suspend the operation of the decision, order or requirement of the Commission and any and all penalties for failure to comply with the requirements thereof. All appeals from the said Commission to the Supreme Appeals to Court of the State shall take precedence over all other Supreme Court take precedence litigation then pending in either of said courts except over other criminal cases, and said courts shall, upon motion of the pending litigaAttorney General, advance such hearings on the cal- tion. endars of said courts for as early hearing as possible. In all such appeals to the District Court and in all Attorney Genappeals to the Supreme Court, the Attorney General sent Commisshall represent the Commission as counsel; any party sion. interested in the proceedings before the Commission may intervene and be heard as a party to the suit in the District Court and in the Supreme Court, and in case of any such intervention the Attorney General shall not dispose of or discontinue such suit or proceeding over the objection of such intervenor, but said intervenor may defend or continue such suit unaffected by any action or non-action of the Attorney General. eral to repre to certify transcript of Whenever an appeal shall be prayed from a decision, Commission order or requirement of the Commission, as in this section provided for, the Commission shall within ten days proceedings to after the date of such prayer for appeal certify to the District Court District Court to which such appeal shall be prayed a in case of full, true and correct transcript of the proceedings be- appeal. fore the Commission, together with a copy of the decision, order or requirement from, and such decision, order or requirement shall be accepted by such District Court as prima facie evidence of the facts therein set forth. of same. Sec. 18. The Commission may appoint an Assistant Assistant SecSecretary at an annual salary of Twenty-five Hundred retary, salary Dollars and a Stenographer at an annual salary of Twelve Hundred Dollars, and may employ such other, Employes of and necessary help, within the limits of their appropria- commission. tion. The Commission shall be provided with suitable Offices in State offices for its use in the State Capitol, and shall have Capitol. authority to procure all necessary office supplies. Witnesses summoned before the Commission shall Witness fees and mileage. be paid the same fees and mileage that are paid witnesses in the District Courts of this State. The Commission shall hold sessions whenever the convenience of the sessions. public or of the parties may be promoted, and may hold Access to accounts and records of carriers. Penalty for refusal to sub special sessions in any part of the State. It may, by any one or more of the Commissioners, prosecute any inquiry necessary to its duties in any part of the State, and in any matter or question of fact pertaining to the business of any common carrier, or to violations of this Act by shipper, consignee, applicant for cars, or agent for either of them, subject to the provisions of this Act. The Commission shall at all times have access to all accounts, records and memoranda kept by common carriers subject to the provisions of this Act, and it may employ special agents or examiners who shall have authority, under order of the Commission, to inspect and examine any and all accounts, records and memoranda kept by such common carriers. This provision shall apply to receivers of common carriers and operating trustees. In case of failure or refusal on the part of any common carrier, receiver or trustee to submit such accounts, records or memoranda as are kept to the inspection of for inspection. the Commission, or any of its authorized agents or exam mit accounts, records, etc., Mandamus may issue to enforce Act. Commission Contents of petition. iners, such common carriers, receivers or trustees shall forfeit to the State the sum of Five Hundred Dollars for each such offense, and for each and every day of the continuance of such offense, such forfeitures to be recoverable in the same manner as other forfeitures provided for in this Act. Sec. 19. That the District Courts of this State shall have jurisdiction upon the application of the Attorney General, who shall act upon the request of the Commission, alleging the failure to comply with or the violation of any of the provisions of this Act, to issue a writ or writs of mandamus, commanding such common carrier, or offending shipper, consignee or applicant for cars, to comply with the provisions of this Act, or any of them. Sec. 20. 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, any party injured thereby, or the Commission in its own name, may apply to the District Court of the district where such carrier has its principal operating office, or in which the violation or disobedience of such order shall happen, for an enforcement of said order. Such application shall be by petition, which shall state the substance of the order and the respect in which the carrier has failed of obedience, and shall be served upon the carrier in such manner as the court may direct, and the court shall prosecute such inquiries and make such investigations through such means as it shall deem needful in the ascertainment of the facts at issue or which may arise upon the Supreme Court. hearing of such petition. If upon such hearing as the Court to encourt may determine to be necessary, it appears that the force ruling by injunction or order was regularly made and duly served and that the other process. carrier has not appealed therefrom and is in disobedience of the same, the court shall enforce obedience to such order by writ of injunction or other process, mandatory or otherwise, to restrain such carrier, its officers, agents or representatives, from further disobedience of same; and in the enforcement of such process the court shall have those powers ordinarily exercised by it in compelling obedience to its writs of injunction and mandamus. Either party interested may have ten days Appeal to within which to appeal to the Supreme Court of this State from the judgment, order or decree of the District Court, but pending such appeal to the Supreme Court, the order or decree of the District Court shall remain and be in full force, unless and until the same shall be superseded by an order of the Supreme Court; Provided, that unless an adverse decision is rendered by said Supreme Court within ninety days of the date of the filing the said appeal in the Supreme Court, then the order made by the Commission shall take effect and be in force until set aside by the Supreme Court, unless the order of the Commission shall have been set aside or modified by the District Court, and in such case the order of the District Court shall supersede the order of the Commission. notice without Sec. 21. Every common carrier operating any rail Cars to be furroad shall transport without unreasonable delay or dis-nished upon crimination the passengers or freight offered by any con- unreasonable necting common carrier, and also the empty and loaded delay or discars furnished by any connecting common carrier to be crimination. delivered at any station on its own line, to be loaded or unloaded or reloaded and returned upon the railroad so connecting; and for compensation for so handling such freight and empty and loaded cars it shall not demand or receive any greater sum than is accepted by it from any other common carrier operating another railroad, for similar services; but this Act shall not be construed as requiring any common carrier to give the use of its tracks or terminal facilities to another common carrier engaged in like business. If any common carrier shall fail, refuse or neglect Damages for reto perform the duty prescribed in this section, it shall, fusal or neglect. for every such violation, failure, neglect or refusal, be liable to the party damaged thereby in such sum as damages as may be recovered in any court of competent In case of jurisdiction. In case there shall be an insufficiency of insufficiency of cars at any time to meet all requirements, the available etc., given cars shall be distributed among the several applicants preference. cars, live stock, therefor in proportion to their respective immediate requirements, without unjust or undue discrimination among shippers or competitive or non-competitive places, except that preference shall be given to shipments of live stock and perishable property, but the Commission shall have power to investigate such lack of cars or of motive power, and to determine if the same is the result of continued neglect by the common carrier to secure sufficient cars or motive power for use at all times, and if so, to order that the common carrier comply with the requirements of this Act, regarding a suitable supply of cars and motive power to meet a reasonable reLive stock and quirement. All common carriers accepting live stock and perishable fruit perishable fruit under the provisions of this Act, must must be moved move from point of origin to destination within the at speed of ten State at an average speed of not less than ten miles per miles per hour. hour, including all stoppages except where prevented by an unavoidable accident or unusual storm. Commission The Commission shall have power to enforce reasonempowered to able regulations in supplying cars to shippers and for enforce regula- Switching the same and for the loading and unloading tions in supply- and reloading thereof, and for the weighing of cars and freight offered for shipment by any common carrier. ing cars. Cars must be loaded within forty-eight hours. Penalty for failure. Exceptions. Cars must be Sec. 22. After delivery of the car or cars to the ap plicant by the common carrier, forty-eight hours shall be allowed to the applicant to load said cars, computing from seven a. m. the day following the delivery of the cars, and upon failure so to do the common carrier shall be entitled to collect from said applicant the sum of one dollar per day for each car not returned loaded to the common carrier within the time thus allowed, and if the applicant shall not use the cars applied for the common carrier shall be entitled to collect the sum of One Dollar per car per day and a reasonable switching charge for each car so delivered and not used. Provided, that severe storms, or causes which make delivery of product or stock at the loading point practically impossible to the applicant for cars, shall, while such conditions prevail, exempt such applicant for cars, from the penalty above named. Sec. 23. A consignee or other interested party shall unloaded within be allowed forty-eight hours of free time to unload cars forty-eight of thirty tons capacity or tonnage, or less, and an addi hours. Penalty for failure. tional twenty-four hours of free time shall be allowed on cars of greater tonnage or capacity, taking each track delivery computed. from seven o'clock a. m. of the day following the day notice of arrival of the cars and of the placing at an accessible point for unloading is given to the consignee or other interested party, and thereafter the common carrier may collect a charge of One Dollar |