of the court or the execution of any writ or process thereon, unless the court hearing or deciding such case should otherwise direct; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable.

“(d). Any railroad company or common carrier affected by any order of the commission, except administrative orders, made pursuant to section ten (10) of chapter ten (10) of the general laws of one thousand eight hundred and eighty seven (1887), may at any time within the period of thirty (30) days after the service of it upon him or it of such order, appeal therefrom to the district court of any judicial district through or into which his or its route may run, by the service of a written notice of such appeal on some member or the secretary of such commission.

"And upon the taking of such appeal and the filing of the notice thereof, with the proof of service, in the office of the clerk district court, there shall then be pending in such district court a civil action of the character and for the purposes mentioned in sections eight (8), eleven (11) and fifteen (15) of chapter ten (10) of the general laws of one thousand eight hundred and eighty-seven (1887), as amended by this act. Upon such appeal, and upon the hearing of any application by the commission or by the attorney general, for the enforcement of any such order made by the commission, the district court shall have jurisdiction to, and it shall, examine the whole matter in controversy, including matters of fact as well as questions of law, and to affirm, modify or reverse such order in whole or in part, as justice may require; and in case of any order being modified, as aforesaid, such modified order shall, for all the purposes contemplated by this act, stand in place of the original order so modified and have the same force and effect throughout the state as the orders of said commission.

"No appeal as aforesaid shall stay or supersede the order appealed from unless the court hearing and deciding such case, upon application and notice to the other party, shall so direct. "The remedies herein provided for shall be in addition to all existing legal and equitable remedies." (As amended 1891.)

SEC. 16. (a). That whenever facts, in any manner ascertained by said commission, shall in its judgment warrant a prosecution, it shall be the duty of said commission to immediately cause suit to be instituted and prosecuted against any common carrier who may violate any of the provisions of this act, or of any law of this state. All such prosecutions shall be in the name of the state of Minnesota, except as is otherwise provided in this act, or in any law of this state, and may be instituted in any county in the state through or into which the line of any common carrier so sued may extend, and all penalties recovered under the provisions of this act, or of any law of this state, in any suit instituted in

the name of the state, shall be immediately paid into the state treasury by the sheriff or other officer or person collecting the same; and the same shall be by the state treasurer placed to the credit of the general revenue fund.

(b). For the purposes of this act, except its penal provisions, the district courts of this state shall be deemed to be always in

session.

SEC. 17. (a). That the commission is hereby directed to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which said reports shall be made, and to require from such carriers specific answers to all questions upon which the commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same, the dividends paid, the surplus fund, if any, and the number of stockholders, the funded and floating debts and the interest paid thereon; the costs and value of the carrier's property, franchises and equipment, the number of employes and the salary paid each class, the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts of each branch of business, and from all sources, the operating, and other expenses; the balance of profit and loss, and complete exhibit of the financial operations of the carrier each year, including an annual balance sheet; also the total number of acres of land received as grants either from the United States or from the state of Minnesota, the number [of] acres of said grants sold, and average price received per acre, the number acres of grants unsold and appraised value per acre. Such detailed reports

shall also contain such information in relation to rates or regulations concerning fares or freights and agreements, arrangements or contracts with express companies, telegraph companies, sleeping and dining car companies, fast freight lines, and other common carriers, as the commission may require, with copies of such contracts, agreements or arrange

ments.

(b). And the commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers, subject to the provisions of this act, shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.

SEC. 18. (a). That such commissioners shall, on or before the first (1st) day of December in each year, and oftener if required by the governor to do so, make a report to the governor of their doings for the preceding year, containing such facts, statements and explanations as will disclose the actual workings of the system of railroad transportation in its bear

ings upon the business and prosperity of the people of this state, and such suggestions in relation thereto as to them may seem appropriate.

(b). They shall also, at such times as the governor shall direct, examine any particular subject connected with the conditions and management of such railroads, and report to him in writing, their opinion thereon, with their reasons therefor. Said commissioners shall also investigate and consider what, if any, amendment or revision of the railroad laws of this state the best interest of the state demand, and they shall make a special biennial report on said subject to the governor. All such reports made to the governor shall be by him transmitted to the legislature at the earliest practicable time.

(c). Nothing in this act contained shall in any way abridge or alter the remedies now existing at common law, or by statute, but the provisions of this act are in addition to such remedies. Provided, That no pending litigation shall in any way be affected by this act.

Said

SEC. 19. Each commissioner shall receive an annual salary of three thousand (3,000) dollars, payable in the same manner as the salaries of other state officers. The commissioners shall appoint a secretary who shall receive an annual salary of eighteen hundred (1800) dollars, payable in like manner. secretary shall, before entering upon the duties of his office, make and file with the secretary of state an affidavit in the following form: "I do solomnly swear or affirm (as the case may be) that I will support the constitution of the United States and the constitution of the state of Minnesota, and that I will faithfully discharge my duties as secretary of the raiload and warehouse commission of the state of Minnesota, according to the best of my ability; and I further declare that I am not in the employ of, or holding any official relation to, any common carrier or grain warehouseman, within said state; nor am I, in any manner, interested in any stock, bonds or other property of such common carrier or grain warehouseman." The said secretary so appointed and qualified shall enter into bonds to the state of Minnesota, to be approved by the governor in the sum of ten thousand (10,000) dollars, conditioned for the faithful performance of his duty as secretary of such commission, which bond shall be filed with the secretary of state. commission shall have authority to employ and fix the compensation for such other employes as it may find necessary to the proper performance of its duties, subject to the approval of the governor of the state.

The

The commissioners shall be furnished with a suitable office and all necessary office supplies. Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the district courts of the state.

All the expenses of the commission, including all necessary expenses for transportation incurred by the commissioners, or by their employes under their order, in making any investi

gation in any other place than the city of St. Paul, shall be allowed and paid out of the state treasury on presentation of itemized vouchers therefor, approved by the chairman of the commission and the state auditor.

SEC. 20. That the sum of fifteen thousand (15,000) dollars is hereby appropriated for the use and purposes of this act for the fiscal year ending July thirty-first (31), eighteen hundred and eighty-eight (1888), and the sum of fifteen thousand (15,000) dollars is hereby appropriated for the use and purposes of this act for the fiscal year ending July thirty-first (31), eighteenhundred and eighty-nine (1889).

SEC. 21. That all acts and parts of acts inconsistent here with are hereby repealed; Provided, That the provisions of this act shall apply to and govern the existing railroad and warehouse commissioners appointed by virtue of an act approved March fifth (5th), eighteen hundred and eighty-five (1885), who are hereby clothed with the powers and charged with the duties and responsibilities of this act, granted to and imposed upon the railroad and warehouse commissioners of the state of Minnesota.

"Sec. 22. That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate, or refuse, or neglect to obey or perform any lawful order or requirement of the commission made under the provisions of this act, not founded upon a controversy requiring a trial by jury, as provided by the seventh (7th) amendment to the constitution of the United States, or as provided by section four (4) of the constitution of this state, it shall be lawful for the commission, or for any company or person interested in such order or requirement, to apply in a summary way, by petition to any district court in any county in this state in which the carrier complained of has its principal office, or in any county through or into which its line of road extends, alleging such violation or disobedience as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable; 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; and said court shall proceed to hear and determine the matter speedily and without the formal pleadings and proceedings applicable to ordinary suits further than is necessary in the judgment of the court to clearly define the issues between the parties, and in such manner as to do justice in the premises To this end the court shall have power, if it think fit, to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to form a just judgment in the matter of such petition; and on such hearing the findings of fact in the report of said commission 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 the report of any 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 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; 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 courts 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; 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 (500) dollars for every day after a day named in the order that such person or carrier shall fail to obey such injunction or other process, mandatory or otherwise, and such money 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 state treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by an attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final judgment or decree in personam and in such court.

"Either party to any appeal, trial or other proceeding had in the district court pursuant to the provisions of this act shall have the right to appeal to the supreme court of the state from any order or judgment of the district court under the same regulations now provided by law in relation to appeals to said supreme court from orders or judgments of the district court, except that on such appeals security shall not be required when the same is taken by said commission, and except that the return of the district court provided for by section four (4), chapter eighty-six (86), general statutes of one thousand eight hundred and seventy-eight (1878), may be filed in the supreme court at any time before or during the next succeeding term of said court after the making of the order or entering the judg ment appealed from; and such appeal shall be entered upon the calendar and heard by said supreme court upon such short notice to the respective parties as the court may deem reasonable, with view to a speedy determination of the same. No appeal to the supreme court shall operate to stay or supersede an order in force at the time the appeal is taken, unless the supreme court shall, upon application duly made and upon such terms as it may deem just, suspend the operation of the order pending the appeal hereinbefore provided for.