cisions of the Commission therein contained in all the courts of this State, without any further proof or authentication thereof. The Commission may also cause to be printed for distribution its annual reports.

Sec. 15. That the Commission is authorized and empowered and it shall be its duty whenever after full hearing upon a complaint made as provided herein, or upon complaint of any common carrier, it shall be of opinion that any of the rates, or charges complained of and demanded, charged or collected, by any common carrier or common carriers, subject to the provisions of this act, for the transportation of property as defined by this act, or that any regulation or practice whatsoever of such common carrier or common carriers affecting such rates or charges, are unjustly discriminatory or unduly preferential, in violation of any of the provisions of this act, to determine and prescribe in what respect and to what extent such rates or charges are so discriminatory or preferential, and what regulation or practice in respect to such transportation is just, fair and reasonable to be thereafter followed, and to make an order that the common carrier shall cease and desist from such violation to the extent to which the Commission finds the same to exist, and such common carrier or common carrier [carriers] shall thereafter conform to the regulation or practice so prescribed.

All orders of the Commission shall take effect within such reasonable time not less than thirty days, and shall continue in force for such period of time, not exceeding two years, as shall be prescribed in the order of the Commission, unless the same shall be suspended, modified or set aside by the Commission, or be suspended, modified or set aside by a court of competent jurisdiction.

Sec. 16. That if, after hearing on an original complaint, as provided by this act, the Commission shall determine that any party complainant petitioning therefor is entitled to an award of damages under the provisions of this act for violation thereof the Commission shall make an order directing the common carrier to pay to the complainant the sum to which he is entitled, on or before a day named.

The Commission shall be authorized to suspend or modify its order upon such notice and in such manner as it shall deem proper.

It shall be the duty of every common carrier, its agents and employes, to observe and comply with such orders as long as the same shall remain in effect.

Any common carrier, officer, representative or agent of a carrier, or any receiver, trustee, lessee or agent, or either of them, who knowingly neglects or fails to obey any order made. under the provisions of this act, shall forfeit to the State the

sum of one 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.

The forfeiture provided for in this act shall be payable into the treasury of the State and shall be recoverable in a civil suit in the name of the State, in the District Court where the common carrier has its principal operating office, or in any district through which the road of the common carrier runs.

It shall be the duty of the various district attorneys under the direction of the Attorney General of the State, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of said Commission. The Commission may employ special counsel in any proceeding under this act, paying the expenses of such employment out of its own appropriation.

Sec. 17. If any common carrier fails or neglects to obey any order of the commission while the same is in effect, any party injured by such failure or neglect, or the commission in its own name, may apply to any District Court in the State for the enforcement of such order. Such application shall be by petition, which shall state the substance of the order and the respect in which the common carrier has failed of obedience, and shall be served upon the common carrier in such manner as the court may direct; 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 common carrier is in disobedience of the same, the court shall enforce obedience to such order by writ of injunction or other proper process, mandatory or otherwise, to restrain such common 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 have those powers ordinarily exercised by it in compelling obedience to its writs of injunction and mandamus. From any action upon such petition an appeal shall lie by either party to the Supreme Court of this State.

Sec. 18. If, after a decision, order or requirement has been made by the Commission in any proceeding, any party thereto shall at any time make application for a rehearing of the same or any matter determined therein, then it shall be lawful for the Commission, in its discretion, to grant such hearing, if sufficient reason therefor be made to appear. Applications for rehearing shall be governed by such general rules as the commission may establish.

No order entered by the Commission shall go into effect until the expiration of five days after the entry thereof, and not

then if either party shall have filed an appeal to the District Court. Either party interested may have ten days within which to appeal to the Supreme Court from the judgment, order or decree of the District Court, and in case an appeal is duly perfected within said ten days, the order of said commission or judgment of the District Court shall not go into effect until a final decision in the matter is rendered by the Supreme Court of the State; Provided, that unless an adverse decision is rendered by said Supreme Court within ninety days from the date of the entry of the order by the Commission, then the order made by the commission shall take effect and be in force until set aside by the Supreme Court.

Sec. 19. The Commission may appoint a clerk who shall be a stenographer, at an annual salary of fifteen hundred dollars.

The Commission shall be provided with suitable offices for its use in the State Capitol, and shall have authority to procure all necessary office supplies.

Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the District Courts of this State. The Commission shall hold sessions whenever the convenience of the public or of the parties may be promoted, and may hold special sessions in any part of the State. It may, by any one or more of the Commissioners, prosecute any inquiry necessary to its duties in any part of the State and in any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

The Commission shall at all times have access to all accounts, records and memoranda kept by common carriers subject to the provisions of this act, and it may employ special agents or examiners who shall have authority, under order of the Commission, to inspect and examine any and all accounts, records and memoranda kept by such common carriers. This provision shall apply to receivers of common carriers and operating trustees.

In case of failure or refusal on the part of any common carrier, receiver or trustee to submit such accounts, records or memoranda as are kept to the inspection of the Commission, or any of its authorized agents or examiners, such common carriers, receivers or trustees shall forfeit to the State the sum of five hundred dollars for each such offense, and for each and every day of the continuance of such offense, such forfeitures to be recoverable in the same manner as other forfeitures provided for in this act.

Sec. 20. That the District Courts of this State shall have jurisdiction, upon the application of the Attorney General, who shall act upon the request of the Commission, alleging the failure to comply with or the violation of any of the provisions of

this act, to isue a writ or writs of mandamus, commanding such common carriers to comply with the provisions of this act, or any of them.

Sec. 21. An appeal shall lie from any order of the Commission to the District Court and the trial thereon shall be de novo and all appeals from the said Commission to the District Court and from the District Court to the Supreme Court of the State shall take precedence over all other litigation then pend ing in either of said courts, except criminal cases, and that said courts shall, upon motion of the Attorney General advance such hearings on the trial calendar of said courts for as early a hearing as possible.

Sec. 22. Every common carrier operating any railroad shall, upon reasonable notice, supply suitable cars to any and all persons who may apply therefor for the transportation of any and all kinds of freight, with all reasonable dispatch; and shall likewise transport without unreasonable delay or discrimination the passengers and freight offered by any connecting common carrier, and also the empty and loaded cars furnished by any connecting common carrier to be delivered at any station on its own line, to be loaded or unloaded or reloaded and returned upon the railroad so connecting; and for campensation for so handling such freight and empty and loaded cars it shall not demand or receive any greater sum than is accepted by it from any other common carrier operating another railroad, for similar services.

If any common carrier shall fail, refuse or neglect to perform the duty prescribed in this section, it shall, for every such violation, failure, neglect or refusal be liable to the party damaged thereby in such sum as damages as may be recovered in any court of competent jurisdiction.

In case there shall be an insufficiency of cars at any time to meet all requirements, the available cars shall be distributed among the several applicants therefor in proportion to their respective immediate requirements, without discrimination among shippers or competitive or non-competitive places, except that preference shall be given to shipments of live stock and perishable property.

The Commission shall have power to enforce reasonable regulations in supplying cars to shippers and for switching the same and for the loading and unloading and reloading thereof and for the weighing of cars and freight offered for shipment by any common carrier.

Sec. 23. After delivery of the car or cars to the applicant by the common carrier, forty-eight hours shall be allowed to the applicant to load said cars, computing from seven a. m. the day following the delivery of the cars, and upon failure so to do the common carrier shall be entitled to collect from said applicant the sum of one dollar per day for each car not returned

loaded to the carrier within the time thus allowed, and if the applicant shall not use the cars applied for the common carrier shall be entitled to collect the sum of one dollar per day or fraction of a day, and a reasonable switching charge for each car so delivered and not used.

Sec. 24. A consignee or other interested party shall be allowed forty-eight hours of free time to unload cars, taking each track delivery computed from seven o'clock a. m. of the day fol lowing the day notice of arrival of the cars and of the placing at an accessible point for unloading is given to the consignee or other interested party, and thereafter the common carrier may collect a charge of one dollar per day or fraction of a day during which cars are not unloaded or returned to the common carrier. In the event that cars are bunched and delivery to the consignee or party whose interest may appear in numbers beyond his reasonable ability to unload within the free time herein allowed, he shall be granted by the carrier such additional time as may be necessary to unload cars in the order of their shipment.

Sec. 25. It shall be the duty of every common carrier do ing business in this State to furnish suitable cars to any and all persons, firms or corporations who apply therefor, for the transportation of property with all reasonable dispatch. Upon application made by any owner or shipper of property to be transported to any agent or other person in charge of transportation of any such common carrier, at any point that cars are desired upon which to ship such property, stating the number of cars desired, and place at which they are desired, and the time at which they are desired, the kind of property to be shipped or transported, it shall be the duty of such carrier to supply the number of cars desired, suitable for the purpose required within a reasonable time thereafter, not to exceed three days. If any carrier shall fail or neglect to furnish cars when thus applied for, within the time herein prescribed, such carrier shall forfeit to the party or parties applying for them the sum of one dollar per day or fraction of a day for each car failed to be furnished within the time herein required, and all actual damages that such applicant may sustain, and the same may be sued for and recovered in any court of competent jurisdiction.

Sec. 26. It shall be the duty of every common carrier to transport any and all shipments between points in this State with the utmost diligence.

For failure of any common carrier to receive and transport such shipments with the utmost diligence, such common carrier issuing the receipt or bill of lading therefor shall pay to the owner, consignee or other interested party whose interests may appear, such actual damages as the owner, consignee or other interested party may sustain, and the same may be sued for