Page:United States Statutes at Large Volume 34 Part 1.djvu/621

FIFTY-NINTH CONGRESS. Sess. I. Ch. 3591. 1906. 591 such joint plaintiffs and against such joint defendants in any district where any one of such joint laintiifs could maintain such suit against any one of such joint defendants; and service of process against any Servicwlpmcos one of such defendants as may not be found in the district where the . suit is brought may be made in any district where such defendant carrier has its principal operating oiHce. In case of such joint suit the recovefiy, if any, may be byajudgment in favor of any one of such plainti s, against the defen nt found to be liable to such plaintiff. · “Every order of the Commission shall be forthwith served by mail- ¤¤'*i¤¤<>f¤¤i¤· ing to any one of the principal officers or a ents of the carrier at his usual place of business a copy thereof; and; the registr mail receipt shall bedprima faciefevidgnce of the receipt of such ordser by the carrier in ue course o ma . “ The Commission shall be authorized to suspend or modify its orders suspension or orupon such notice and in such manner as it shall deem proper. d°"° "It shall be the duty of every common carrier, its agents and df;’mP“°¤°°***h°* employjaefii, to observeéand comply with such orders so long as the ` same s remain in e ect. "Any carrier, any offcer, representative, or agent of a carrier, or P°¤¤l*¥ *0* Nlum any receivdr, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of section fifteen of this Act, shall forfeit to the United States the sum of five 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. _ “Tl16 forfeiture provided for in this Act shall be payable into the m§f°°*°"’ °* ‘°"°"‘ Treasury of the United States, and shall be recovera le in a civil suit in the name of the United States, brought in the district where the carriplr lhas its jpiplcipal operating office, or in any district through whic the road o the carrier runs. " It shall be the duty of the various district attorneys, under the direc- w{>¤·gs¤¤ of ¤*¤¤‘i¤¢ ¤¢- tion of the Attorney—General of the United States, to prosecute for ' the recovery of forfeitures. The costs and expenses of such prosecu- mm tion shall be id out of the a propriation or the ezépenses of the courts of the United States. The Commission may, wi the consent $P°¤*•l°°¤¤•°l· of the Attorney-General, employ special counsel in any proceeding under this Act, paying the expenses of such employment out of nts own appropriation. “ Ifpgnypcarrier fails or neglects to obey anyiorder of the Commis- °,,l§e§Q,Qgg,j_¤°¤* °* sion, other than for the payment of money, iw le the same IS in efect, any party injured there y, or the Commission in 1ts own name, may apply to the circuit court in the district where such carr1er_ has 1lCS prmcipal operatin office, or in which the violation or (11S0b0d18h0B of such order shall happen, for an enforcement of such order. Such P'°°°°‘““¤'· ap lication shall be by petition, which shall state the substance of the order and the respectvin which the carrier has failed of obedience, and shall be served upon the carrier in such manner as the court may direct, and the court shall prosecute such inquiries and make suc investigations, through such means as it shall deem needful in the ascertainment of the facts at issue or which may arise upon the hearing of such petition. lf, upon such hearing as the court may deter- 0::::, §_$Y$- *° mine to be necessar , it ap rs that the order was regularly made and duly served, andy that thtacarrier is in disobedience of the same, the court shall enforce obedience to such order by a writ of in] unctmon, or other proper process, mandatory or otherwise, to restrain such carrier. its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it, or them, obedience to the same· and in the enforcement of such process the court shall haye 1’¤W¤¤<>f¤¤¤¤*· those, powers ordinarily exercised by it 1D compelling obedience to 1ts writs of injunction and mandamus.