Notices can be served on attorneys acting.

Complaints cannot be dismissed because of absence of direct damages.

In case of refusal to obey subpoenas, how court

shall proceed.

given by the commission or by the secretary of said commission, by causing to be mailed to the complainant in the case a copy of the notice of such hearing at his reputed place of residence, postage prepaid, at least ten (10) days before the day named as the day of hearing in said notice, and also by causing a copy of such notice of hearing to be mailed, at least ten (10) days before the day named as the day of hearing in said notice, properly directed, postage prepaid, to any division superintendent, general or assistant superintendent, general manager, president, vice president or secretary of the common carrier complained of, at the place in the State of Minnesota where the main business of such common carrier is transacted.

"Provided, that whenever the complainant or common carrier has appeared by an attorney, thereafter such service may be made upon such attorney. Such service shall be taken and held in all cases to be a legal service; appearance in any case shall be taken and deemed a waiver of any defect in the notice of such hearing or any irregularities of the service thereof.

"No complaint shall at any time be dismissed because of the absence of direct damages to the complainant, and for the purpose of this act the commission shall have power to require the attendance of witnesses and the production of all books, papers, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of this state in requiring the attendance of witnesses and the production of all books, papers, contracts, agreements and documents relating to any matter under investigation, under the provisions of this act." (As amended 1891.)

(c.) Any of the district courts of this state, within the jurisdiction of which such inquiry is carried on, shall, in case of contumacy or refusal to obey a subpoena issued by the commissioners to any common carrier subject to the provisions of this act, or, when such common carrier is a corporation, to an officer or agent thereof, or to any person connected therewith, if proceedings are instituted in the name of such commission as plaintiffs, issue an order requiring such common carrier, officer or agent, or person to show cause why such contumacy or refusal should not be punished as and for contempt, and if upon the hearing the court finds that the inquiry is within the jurisdiction of the commission, and that such contumacy or refusal is willful and the same is persisted in, such contumacy or refusal shall be punished as though the same had taken place

in an action pending in the district court for any judicial district in this state. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such persons on the trial of any criminal proceeding.

Sec. 14. (a.) Whenever an investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to party or parties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of, and the record thereof shall be public.

(b.) If in any case in which an investigation shall be made by said commission it shall be made to appear to the satisfaction of the commission, either by testimony of witnesses or other evidence, that anything has been done or omitted to be done by any common carrier, in violation of the provisions of this act or any law cognizable by said commission, or that any injury or damages has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation and to make reparation for the injury so found to have been done, within a brief but reasonable time, to be specified by the commission; and if within the time specified, it shall be made to appear to the commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the commisison, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law.

In case of neglect or re

fusal to make

reparation, commission

to forward re

port to attorney general.

Attorney General to bring suit.

Powers of court.

Further powers of court.

(c.) But if said common carrier shall neglect or refuse, within the time specified, to desist from such violation of law, and make a reparation for the injury done in compliance with the report and notice of the commission as aforesaid, it shall be the duty of the commission to forthwith certify the fact of such neglect or refusal, and forward a copy of its report and such certificate to the attorney general of the state for redress and punishment as hereinafter provided.

Sec. 15. (a.) That it shall be the duty of the attorney general to whom said commission may forward its report and certificate, as provided in the nexť preceding section of this act, when it shall appear from such report that any injury or damages has been sustained by any party or parties by reason of such violation of law by such common carrier, to forthwith cause suit to be brought in the district court in the judicial district wherein such violation occurred on behalf and in the name of the person or persons injured, against such common carrier, for the recovery of damages for such injury as may have been sustained by the injured party; and the cost and expenses of such prosecution shall be paid out of the appropriation hereinafter provided for the uses and purposes of this act.

(b.) 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 shall 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 pleading and proceedings applicable to ordinary suits in equity; but in such manner as to do justice in the premises, and to this end such court shall have power, if it thinks 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 enable it to form a just judgment in the matter of such petition. And on such hearing the report of said commission shall be prima facie evidence of the matters therein stated.

(c.) And if it be made to appear to such court, on such hearing, or on report of any such person or persons, that the lawful order or requirement of such commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction, or other proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or such 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 court 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 per son in default the sum of five hundred (500) dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court.

preme court.

Either party to such proceeding before said court Appeal may may appeal to the supreme court of the state, under be had to suthe same regulations now provided by the law in respect to security for such appeal; but such appeal shall not operate to stay or supersede the order 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, ["or any party to any proceeding before said commission and affected by its order] (amendment in brackets approved April 25th, 1895), except administrative orders [hereinafter referred to, 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 the county in which the complainants, or a majority thereof, reside or have a legal existence, by the serv

Carriers orders of the commission district court

affected by

may appeal to

within 30 days.

Commission

may prosecute.

ice of a written notice of such appeal on some member or the secretary of such commission.]

Amendment in brackets approved April 25th, 1895. "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 of the 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. [Appeals referred to in this act shall not apply to administrative orders made in pursuance to section ten (10) of chapter ten (10) of the General Laws of eighteen hundred and eighty-seven (1887).]

Amendment in brackets approved April 25th, 1895. "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."

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 vio late 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