May petition the board. courts in this state, or of the supreme court, in requiring the attendance and testimony of witnesses, and the production of books, papers, and documents, under the provisions of this section; and any court of competent jurisdiction, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any common carrier, subject to the provisions of this act or other person, issue an order requiring such common carrier or other person to appear before said board (and produce books and papers if ordered) and give evidence touching the matter in question; and any failure to obey such order of the court, may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. SEC. 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any politic, or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of the provisions thereof, may apply to said board by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the board to such common carrier who made aware of shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable Common car rier shall be the charge. time, to be specified by the board. If such com- Reparation. mon 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. If such 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 board to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of absence of direct damage to the complainant. vestigation. SEC. 14. That whenever an investigation shall Reportofin be made by said board, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the board are based, together with its recommendation as to what reparation, if any, could be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall hereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the board, 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. other than SEC. 15. That if in any case in which an in- Violations vestigation shall be made by said board it shall be those com. plained of, made to appear to the satisfaction of the board, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or any law cognizable by said board by any common carrier, or that injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the board to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, 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 board; and if, within the time specified, it shall be made to appear to the board that said 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 board, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the board, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. SEC. 16. 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 board in this act named, it shall be the duty of the board, and lawful for any company or person interested in Application to such order or requirement to apply in a summary district court, way, by petition filed in the judicial district in which the common carrier complained of has its principal office, or in the district in which the violation or disobedience of such order or requirements shall happen, alleging suchviolation or disobedience as the case may be, and the said court shall have Powers of same power to hear and determine the matter on such short notice to the common carrier complained of, as the court shall deem reasonable, and said court shall proceed to hear and determine the matter speedily as a court of equity, but in such manner as to do justice in the premises; and to this end such court shall have, if it think fit, to direct and prosecute in such mode and by such persons as it may appoint; and such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said board shall be prima facie evidence of the matters therein stated; 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 board drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction May enjoin 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 board, and enjoining obedience to the same; and in case of any disobedience of any 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 attachment common Writs of may issue. Fine. 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; 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 To whom paid. 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 in the treasury; and payment thereof made, 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 decree in personam in such court. Either party to such proceedings before said court, may appeal to the supreme court of the state, under the same regulations as now provided by law in respect to appeals in ordinary cases; 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 Right of appeal. |