Page:United States Statutes at Large Volume 36 Part 1.djvu/578

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554 SIXTY-FIRST CONGRESS. Sess. II. Ch. 309. 1910. priate order, which order shall have the same force and effect and enforced in like manner as the orders above provided for under this f n. ¤%hei;s,v¤wer¤ of Sczllqhe foregoing enumeration of powers shall not exclude any entail:. °° °°° °x` poweié which thehcommission wpuhglmogherwise have in the making of an or er under the provisions 0 t ct." c,§,§‘,{j’,Y,$,,@§‘,fL°'d°” °‘ Sec. 13. That section sixteen of said Act to regulate commerce, as %V¤1.&_pv%§4:Mvo1. heretofore amended, is hereby now amended so as to read as follows: aaifimeriaea. ’ p' "S1:o. 16. That if,fag.1e£r Alieariphg on a complain; iiliage as provieéed P•y¤¤e¤: or money in section` o ct e commission s a etermine t at d°mg°°' any party complainant is entitled to an award of damages under the provisions og t £rAct for I? violation thereof, this commission shgll e an or er ecting the carrier to pay to the comp ainantt e ‘ _ 1 it suinlfto which hel is entitled on lor betfpre a draiy npmenk _ f Pg" “°‘ ‘ acarrier oesnot com ywi ano er_ort epaymento §;iiii.mm°°°yb° money within the time limit iii such order, the comip%ainant, or any person for whose benefit such order was made, may e in the circmt colpirplof tline Ut1;1teetlhStates for the district in Hphml} hi resides or in w c is oca e nncipa operating office, 0 the carrier, or through which the road)of the carrier runs, or in any state court of ` general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the c,,’§,‘,{,‘}}§,$;{·,,,;°,‘,*;’,;;_,$,{f order of the commission in the premises. Such suit in the circuit uwvidencs- court of the United States shall proceed in all respects like other civil

 fpir dapitgges, except thelfaplnbghe trialfof such suit thp findings

an o er o e commission prima acie evidence o the facts — therein stated and except that the petitioner shall not be liable for money M costs igjghe ciigiuit cglurt nor for costs 2;:28 any sulqsequent stage of the ” · procee ess ey accrue u n appea . If the titioner _ shall iinalil; prevail he shall be allfwed a reasonable attorI1i;y’s fee, °,§,§',§{§,§,“gf‘*°' mu'? to be taxed and collected as a part of the costs of the suit. All complaints for the recovery of damages shall be filed with the commission within two years_from the time the cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of m<;1n(ey splalll be Hlpdhin this circuit court or state court within one · year m the ate o the or er, and not after. ’°*”*°¤ °*P•’“°°· ‘;1 In such su(Htsé alllparties whose favor the commission may have xnaeanawar or amages yasinleordrma be" d l`- giifs, and all cg the cgrrieiéls fpax;ie§ to stick oijder Jsvgiiidihsgpshlgh am es may e joine as e en ants, and such suit ma b m - tamgg by such ]omt plamtiffs and against suc_h joint defgndhntg Swim of mm any district where any one of such pmt plaintiffs could maintain P · such suit agamst any one} of spcgi f]omt defendants; and service of process against any one 0 suc e endant as ma t b f d ` the district where the suit is brought ma; be maiienijn aiiyochisitiiialt R¤¤<»v¤¤¢·· where such defendant carrier has its rincipal operating office; In pase of fsuch jomt suit the recovery, any, may be by judgment in avor o any one of such laintiifs, t th d f d . t Se i { rd be‘liable to such plaintiff. P I I agams B 8 Gu an mmd to

            • 0 0 ¤¤· Every order of the commission shall be forthwith served upon

the designated agent of the carrier in the city of Washington or in Sus emma of I such other manner as may be provided b law. d,,,,_° ° "The commission shall be authorizedy to suspend or modify its ..a»;;·;;;:;.·,z;; by ·»=- °"?~‘i‘F Edt? fé°t.‘é°S3‘2§"’L‘i Ti.-Z“°hc‘$‘¤?LE‘§§ Z1l%2h°'£d°°m *i'°*""§; · _ r, 1 s en s emplogzei, to observeffand compxly with such orders so lbtiig as (the Penalty ro. cm., S**{¤§*§; ¤ rqmam m egcs. t negebeymgorders, Y §&l'1'16I`, filly 0 OBI', 1`6pl'€S6I1l>&t1VB, 01‘ Egéht of a, carrier, gr any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions