30 NEW LAW. Sec. 16 [Latter half of section 16 precedes, on p. 26.] SEC. 16 [as amended March 2, 1889 (25 Stat., 855)]. That when Enforcement than for pay ever any common carrier, as defined of order other in and subject to the provisions of ment of money. this act, shall violate, or refuse or neglect to obey or perform any lawful order or requirement of the Commission created by this act, not founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, If any carrier fails or neglects to obey any order of the Commission, other than for the payment of money, while the same is in effect, it shall be lawful for the Commission or for any company or person interested in such order or requirement, any party injured thereby, or the to apply in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common 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; may apply to the circuit court in the district where such carrier has its principal operating office, or in which the violation or disobedience of such order shall happen, for an enforcement of such order. Such application shall be by petition, which shall state the substance of NEW LAW. Sec. 16 [Sentence in brackets transposed from below.] court. [and such notice may be served Procedure of power and the said court shall have to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable; [Sentence from here transposed to above.] and said court shall proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises; and shall be served upon the carrier in such manner as the court may direct, and to this end such court shall have power, if it think 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; [Sentence from here transposed to p. 35.] 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 said Commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue and the court shall prosecute such inquiries and make such 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. If, upon such hearing as the court may determine to be necessary, it appears that the order was regularly made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience to such order by |
