"If the matters involved in such order or requirement of said commission are founded upon a controversy which at common law would entitle the party to a trial by jury, as provided by the seventh amendment of the Constitution of the United States, or by section four (4), article one (1) of the Constitution of this state, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said commission, as provided in subdivision (b) (as amended hereby) of section thirteen (13) of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a summary way by petition to the district court of any judicial district in this state, in which the 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; and such court shall by its order then fix a time and place for the trial of said cause, which shall not be less than twenty (20) nor more than forty (40) days from the time of said order fixing said time of trial; and it shall be the duty of the sheriff of the county in which such proceeding is pending to forthwith serve a copy of said petition and of said order upon the common carrier complained of, and it shall be the duty of such person or common carrier to file his or its answer to said petition within ten (10) days after the service thereof, as aforesaid. Upon the trial of said cause the findings of fact of said commission as set forth in its report shall be prima facie evidence of the matters therein stated, and if either party; being entitled to a trial by jury, as in this act provided, shall demand a jury, or shall omit to waive a jury, the court shall by its order direct the sheriff to select, in the presence of the parties or their attorneys, from the number of persons qualified to serve as jurors in the county, thirty (30) such persons as he shall deem most indifferent between the parties, and the complainant or petitioner shall first strike off one of the names so selected, and the opposite party shall strike of one, until each shall have struck off eight (8). The sheriff shall then make a copy of the names of the remaining fifteen (15) persons and deliver the same to the clerk of said court, who shall thereupon issue and deliver to such sheriff a venire facias, with the names in said list contained, annexed thereto, and such sheriff shall summon the persons named according to the demand of such writ; and upon the trial of the cause the jury so selected shall be called as they stand upon their panel and the first twelve (12) of them who shall appear and are not challenged for cause, or set aside by the court, shall be the jury, and shall be sworn to try the issues joined in said cause or proceedings; Provided, That if a sufficient number do not appear for the trial of said cause the court shall cause talesmen to be called as in other cases. If the judgment of a district court shall be in favor of the party complaining, he or they shall be entitled to recover a reasonable counsel or attorney's fees, which shall be collected as part of the costs in the case. "For the purpose of this act, excepting its penal provisions, the district courts of this state shall be deemed to be always in session." (Added 1891.) "Sec. 23. Any of the district courts of this state shall have jurisdiction upon the relation of any person or persons, firm or corporation, alleging such violation by such common carrier of any of the provisions of this act, and all acts amendatory thereof, as prevents the relator from having traffic moved by said common carrier at the same rates as are charged or upon terms and conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ of mandamus against said common carrier demanding such common carrier to move or transport the traffic, or to furnish cars or other facilities for the transportation for the party applying for the writ; Provided, That nothing in this act shall be construed as repealing or modifying subdivision (b) of section seven (7) of chapter ten (10) of the general laws of one thousand eight hundred and eightyseven (1887). "Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of the money into court or otherwise, as the court may think proper, pending the determination of the question of fact. "Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or of any act amendatory thereof." (Added 1891.) SEC. 24. All acts or parts of acts inconsistent herewith are hereby repealed. SEC. 25. This act shall take effect and be in force from and after its passage. Approved March 7, 1887. Amendments to said act approved April 15, 1891. CHAPTER 190, GENERAL LAWS 1885. AN ACT REQUIRING RAILROAD COMPANIES TO PROVIDE SUITABLE PASSENGER WAITING ROOMS AT CITIES, TOWNS AND VILLAGES, AS AMENDED BY CHAPTER 105, GENERAL LAWS OF 1891. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That all railroad corporations or companies operating any railroads in this state, shall provide at all stations on their respective roads, suitable waiting rooms for the protection and accomodation of all passengers patronizing such roads, and at all stations in villages of one thousand (1,000) inhabitants or over, all such railroad companies or corporations shall provide a separate waiting room for ladies, and a separate waiting room for gentlemen, both of which said waiting rooms shall be properly and comfortably furnished, heated, lighted, and ventilated, which said rooms shall each be at least equal in size to fifteen (15) feet by eighteen (18) feet square, with a height of ceiling at least ten (10) feet above the floor; and that all villages of less than one thousand (1,000) shall have at least one (1) such waiting room; and waiting rooms shall in all cases when necessary, be constructed of such greater size as to accommodate all passengers patronizing such railroad at any station. Such railroad corporations or companies shall, at all depots or stations where trains stop regularly to receive and discharge passengers, for at least one-half hour before the arrival and onehalf hour after the arrival of any passenger train, cause their respective depots or waiting rooms to be open for the reception of passengers; said depots to be kept well lighted and warmed for the space of time aforesaid. SEC. 2. Any such railroad company or corporation failing to comply with the provisions of this act shall forfeit and pay to the state of Minnesota a penalty of not less than five hundred (500) dollars, nor more than one thousand (1,000) dollars for each and every violation of this act, and each period of thirty (30) days that any such railroad company or corporation shall fail to comply with the provisions of this act at any such station, shall be taken and deemed to be a separate violation of this act. SEC. 3. All suits commenced and prosecuted under this act shall be in the name of the state of Minnesota, and all penalties collected shall be paid into the state treasury. SEC. 4. This act shall take effect and be in force on and after June first (1st), one thousand eight hundred and eighty-five (1885). Approved March 7, 1885. Amendment approved April 1, 1891. |