4i8
THE GREEN BAG
warranted, it may abrogate or modify the same. An order abrogating or modifying the original order shall have the same force as an original order, but shall not affect any right or the enforcement of any right aris ing from or by virtue of the original order. Court Proceedings and Preferences. — All actions and proceedings under the act or commenced or prosecuted by the order of the Commission, and all actions or proceed ings to which either Commission or the state may be parties, and in which any question arises under the act or under the railroad law or under or concerning any order or action of the Commission, shall be preferred in the state courts over all other civil causes, except election causes, and shall be heard and determined in preference to all other pending civil business, except election cases, irrespective of position on the calen dar, and the same preference shall be granted upon application of counsel to the Commis sion, in any action or proceeding in which he may be allowed to intervene. Immunity of Witnesses. — No person shall be excused from testifying or producing any books or papers in any investigation or upon any hearing when ordered so to do by the Commission upon the ground that the testimony or evidence, or production of books or documents, may tend to incrimi nate him or subject him to penalty or for feiture, but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, or anything concerning which he shall under oath have testified or pro duced documentary evidence; provided, however, that no person so testifying shall be exempt from any prosecution or punish ment for any perjury committed by him in his testimony. This provision, however, is not to be construed as in any manner giving immunity of any kind to any corpo ration. Summary Proceedings. — Mandamus or injunction proceedings in the state courts may be begun by counsel for the Commis
sion whenever the Commission shall be of the opinion that a common carrier, railroad corporation or street railroad corporation is failing or omitting, or about to fail or omit, to do anything required by it by law or by order of the Commission, or is doing any thing or about to do anything or about to permit anything to be done contrary to or in violation of law or of any order of the Commission. The proceeding is to be begun by a petition to the Supreme Court which shall thereupon specify a time not exceed ing twenty days for service of a copy within which the corporation complained of must answer, and in case of default or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings and without respect to any technical requirement. The court may join upon application of counsel to the Commission such other persons or cor porations as shall be deemed necessary or proper. Final judgment in such an action or proceeding shall either be a dismissal or an order that a writ of mandamus or injunc tion or both issue. Power over Rates, etc. — When the Com mission shall be of the opinion after a hearing upon a complaint that the rates, or that the regulations or practices of any common carrier affecting such rates, are unjust, unreasonable, unjustly discrimina tory or unduly preferential, or in any wise in violation of any provision of law, the Commission shall determine the just and reasonable rates, fares and charges to be thereafter observed and in force as the maximum to be charged for the service to be performed, and shall fix the same by order to be served on all common carriers by whom such rates, fares or charges are thereafter to be observed; and whenever the Commission shall be of the opinion after a hearing, either upon its own motion or upon complaint, that the regulations, prac tices, equipments, appliances or service are unjust, unreasonable, unsafe, improper or
