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respect to sucirirahsportatIonlsJust
fair and reasonable to be thereafter
followed and to make an order that
the carrier shall cease and desist from
such violation to the extent to which
the commission And the same to exist
and shall not thereafter publish de
mand or collect any rate or charge for
such transportation In excess of the
maximum rate or charge so prescribed
and shall conform to the regulation or
practice so prescribed
Rates Take Effect In Thirty Days
All orders of the commission ex
cept orders for the payment of money
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 or modified or set aside by
the commission or be suspended or set
aside by a court of competent jurisdic
tion Whenever the carrier or carriers
In obedience to such order of the com
mission or otherwise shall publish and
file In respect to joint rates fares or
charges and shall fail to agree among
themselves upon the apportionment or
division thereof the commission may
after hearing make a supplemental or
der prescribing the just and reason
able proportion of such joint rate to
be received by each carrier party there
to which order shall take effect as a
part of the original order
May Establish Through Routes
The commission may also after
hearing on a complaint establish
through routes and joint rates as the
maximum to be charged and prescribe
the division of such rates as hereinbe
fore provided and the terms and condi
tions under which such through routes
shall be operated when that may be
necessary to give effect to any provi
sion of tills act and the carriers com
plained of have refused or neglected to
voluntarily establish such through
routes and joint rates provided no
reasonable or satisfactory through
route exists and this provision shall
apply when one of the connecting car
riers Is a water line
If the owner of property transport
ed under this act directly or Indirectly
renders any service connected with
such transportation or furnishes any
instrumentality used therein the charge
and allowance therefor shall be no
more than Is just and reasonable and
the commission may after hearing on
a complaint determine what Is a rea
sonable charge as the maximum to be
paid by the carrier or carriers for the
service so rendered or for the use of
the instrumentality so furnished and
fix the same by appropriate order
which order shall have the same force
and effect and be enforced in like man
ner as the orders above provided for in
this section
The foregoing enumeration of pow
ers shall not exclude any power which
the commission would otherwise have
in the making of an order under the
provisions of this act
Sec 5 That section 1G of said act as
amended March 2 1SS9 be amended so
as to read as follows
Sec 1G That if after hearing on a
complaint made as provided in section
13 of this act the commission shall de
termine that any party complainant Is
entitled to an award of damages under
the provisions of this act for a viola
tion thereof the commission shall
make an order directing the carrier to
pay to the complainant the sum to
which he is entitled on or before a day
named
Petitions In Damage Suits
If a carrier does not comply with an
order for the payment of money within
the time limit in such order the com
plainant or any person for whose ben
efit such order was made may file in
the circuit court of the United States
for the district In which he resides or
in which is located the principal oper
ating office of the carrier or through
which the road of the carrier runs a
petition setting forth briefly the causes
for which he claims damages and the
order of the commission in the prem
ises Such suit shall proceed In all re
spects like other civil suits for dam
ages except that on the trial of such
suit the findings and order of the com-
mfsslon shall Tie prima facie evidence tlon shall be by petition wnicIFsIiall
of the facts therein stated and except state the substance of the order and
forcement of an order for the payment JilL lue r uiboueuieuue ul
the the shall enforce
nf mnnnv 111 im f ll in h imuif same court
court within one year from the date of j
me oruer auu not utter iroviueu tnat
accrued claims may be presented with
in one year
Plaintiffs May Act Together
In such suits all parties in whose
favor the commission may have made
an award for damages by a single or
der may be joined as plaintiffs and all
of the carriers parties to such order
awarding such damages may be joined
as defendants and such suit may bo
maintained by such joint plaintiffs and
against sucli joint defendants in any
district where any one of such joint
plaintiffs could maintain such suit
against any one of such joint defend
ants and service of process against
any 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 office In
case of such joint suit the recovery if
any may be by judgment in favor of
any one of such plaintiffs against the
defendant found to be liable to such
plaintiff
Every order of the commission shall
be forthwith served by mailing to any
one of the principal officers or agents
of the carrier at his usual place of busi
ness a copy thereof and the registry
mall receipt shall be prima facie evi
dence of the receipt of such order by
the carrier in due course of mail
Commission May Modify Orders
The commission shall be authorized
to suspend or modify its orders upon
such notice and In such manner as it
shall deem proper
It shall be the duty of every com
mon carrier its agents and employees
to observe and comply with such or
ders so long as the same shall remain
in effect
Any carrier any officer representa
tive or agent of a carrier or any re
ceiver trustee lessee or agent of ei
ther of tliem who knowingly fails or
neglects to obey any order made under
the provisions of section 15 of this act
shall forfeit to the United States the
sum of 5000 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 United States and shall be re
coverable in a civil suit in the name of
the United States brought in the dis
trict where the carrier has Its princi
pal operating office or in any district
through which the road of the carrier
runs
Federal Prosecution For Forfeitures
It shall be the duty of the various
district attorneys under the direction
of the attorney general of the United
States to prosecute for the recover7 of
forfeitures The costs and expenses of
such prosecution shall be paid out of
the appropriation for the expenses of
the courts of the United States The
commission may with the consent of
the attorney general employ special
counsel In any proceeding under this
act paying the expenses of such em
ployment out of its own appropriation
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 any party injured
thereby or the commission in its own
name 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 en
forcement of such order Such
j00OSC
Vr
V FRANKLIN President A C EBERT Cashier
t W B WOLFE Vine President
-- - j av v
THR
CITIZENS BANK
OF McCOOK NEB
Paid Up Capital 50000 Surplus 4000
FRANKLIN
DIRECTORS
W B WOLFE
b w
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A C EBERT
1OO000O0O00C
E J HITCHELL Auctioneer
Catalogue and Sale Bills Compiled Stock and Farm
write ups Satisfaction Guaranteed
With the Republican McCook Nebraska
dience to such order by a writ of in
junction or other proper process man
datory or otherwise to restrain such
carrier Its officers agents or repre
sentatives 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 ordina
rily exercised by it in compelling obe
dience to its writs of injunction and
mandamus
Appeal to Supreme Court
From any action upon such petition
an appeal shall lie by either party to
the supreme court of the United
States and in such court the case shall
have priority In hearing and determi
nation over all other causes except
criminal causes but such appeal shall
not vacate or suspend the order ap
pealed from
Venue of Suits Against Commission
The venue of suits brought in any
of the circuit courts of the United
States against the commission to en
join set aside annul or suspend any
order or requirement of the commis
sion shall be in the district where the
carrier against whom such order or re
quirement may have been made has its
principal operating office and may be
brought at any time after such order is
promulgated And if the order or re
quirement has been made against two
or more carriers then In the district
where any one of said carriers has its
principal operating office and if the
carrier has its principal operating of
fice in the District of Columbia then
the venue shall be In the district where
said carrier has Its principal office and
jurisdiction to hear and determine such
suits is hereby vested in such courts
The provisions of An act to expedite
the hearing and determination of suits
in equity and so forth approved Feb
11 1903 shall be and are hereby made
applicable to all such suits Including
the hearing on an application for a pre
liminary injunction and are also made
applicable to any proceeding in equity
to enforce any order or requirement of
the commission or any of the provi
sions of the act to regulate commerce
approved Feb 4 1887 and all acts
amendatory thereof or supplemental
thereto It shall be the duty of the at
torney general In every such case to
file the certificate provided for in said
expediting act of Feb 11 1003 as nec
essary to the application of the provi
sions thereof and upon appeal as
therein authorized to the supreme court
of the United States the case shall
have In such court priority in hearing
and determination over all other
causes except criminal causes
The Court Review Section
Provided that no Injunction interloc
ntnrv nrflnr or decree snsnendlnc or re-
character and criminal causes
The copies of schedules and tariffs
of rates fares and charges and of all
contracts agreements or arrange
ments between common carriers filed
with the commission as herein provid
ed and the statistics tables and fig
ures contained in the annual reports of
carriers made to the commission as
required by the provisions of this act
shall be preserved as public records in
the custody of the secretary of the
commission and shall be received as
prima facie evidence of what they pur
port to be for the purpose of investiga
tions by the commission and in all ju
dicial proceedings and copies of or ex
tracts from any of said schedules tar
iffs contracts agreements arrange
ments or reports made public records
as aforesaid certified by the secretary
under its seal shall be received In evi
dence with like effect as the originals
Applications For Rchearings
Sec G That a new section be added
to said act Immediately after section
10 to be numbered as section 16a as
follows
Sec IGa That after a decision or
der or requirement has been made by
the commission In any proceeding any
party thereto may at any time make
application for rehearing of the same
or any matter determined therein and
It shall be lawful for the commission
in Its discretion to grant such a rehear
ing If sufficient reason therefor be
made to appear Applications for re
hearing shall be governed by such gen
eral rules as the commission may es
tablish No such application shall ex
cuse any carrier from complying with
or obeying any decision order or re
quirement of the commission or oper
ate In any manner to stay or postpone
the enforcement thereof without the
special order of the commission In
case a rehearing Is granted the pro
ceedings thereupon shall conform as
nearly as may be to the proceedings In
an original hearing except as the com
mission may otherwise direct and Lf
In Its judgment after such rehearing
andthecpnslderatIon of all facts
I
that the petitioner shall not be liable the respect In which the carrier has I nal decision order or requirement is
for costs in the circuit court nor for failed of obedience and shall be served In any respect unjust or unwarranted
costs at any subsequent stage of the upon the carrier in such manner as the
proceedings unless they accrue upon
his appeal If the petitioner shall final
ly prevail he shall be allowed a reason
able attorneys fee 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 corn-
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
mQ court determine to be
may
mission within two years from the
time the cause of action accrues and j
not after and a petition for the en 1
sury it uppuura uiut uiu uruui was
lawfully made and duly served and
eluding those arising since tho former
hearing it shall appear that the
straining the enforcement of an order i carrIer Person or corporation subject
i i iii i i to the provisions of this act shall fad
to make nnd nl sai1 annual
rePorts
cent on hearing after not less than five
days notice to the commission An ap 1 witmn tte tIme above specified or
tuln tue timc extended the
1 by coin
peal may be taken from any interlocu
ralssIon for maklu aud fihnS the
tory order or decree granting or con-
same or sna faU to make an
tinuing an injunction In any suit but j fc
shall lie only to the supreme court of sr to any question authorized by the
Provisions of this section withm thirty
the United States Provided further
that the appeal must be taV TVlthin I uaP om mf ume a 1S u re-
thirty days from the tt ntry
der or decree and anajj ta precedence
ftnr ce
dence in the appellate cuurTWfir all
other causes except causes of vWke
the commission may reverse change
or modify the same accordingly Any
decision order or requirement made
after such rehearing reversing chang
ing or modifying the original determi
nation shall be subject to the same
provisions as an original order
Free Passes For Railway Employees
Sec 1Gb Nothing In this act shall
prevent any common carrier subject to
Its provisions from giving free trans
portation or reduced rates to the offi
cers of the organizations of such em
ployees for tbo purpose of transacting
the business of such organizations with
such railroads Provided that such re
duced rates or free transportation are
not issued with the view of discrimi
nating in favor of or against any par
ticular class of employees
Annual Reports From Common Carriers
Sec 7 That section 20 of said act be
amended so as to read as follows
Sec 20 That the commission is
hereby authorized to require annual
reports from all common carriers sub
ject to tho provisions of this act and
from the owners of all railroads en
gaged in interstate commerce as de
fined in this act to prescribe the man
ner in which such reports shall be
made and to require from such carri
ers specific answers to all questions
upon which the commission may need
information Such annual reports shall
show in detail the amount of capital
stock issued the amounts paid there
for and the manner of payment for
the same the dividends paid the sur
plus fund if any und the number of
stockholders the funded and floating
debts and the interest paid thereon
the cost and value of the carriers
property franchises and equipments
the number of employees and the sala
ries paid each class the accidents to
passengers employees and other per
sons and the causes thereof the
amounts expended for improvements
each year how expended and the
character of such improvements the
earnings and receipts from each
branch of business and from all
sources the operating and other ex
penses the balances of profit and loss
and it complete exhibit of the financial
operations of the carrier each year in
cluding an annual balance sheet Such
reports shall also contain such infor
mation in relation to rates or regula
tions concerning fares or freights or
agreements arrangements or con
tracts affecting the same as the com
mission may require and the commis
sion may in its discretion for the pur
pose of enabling It the better to carry
out the purposes of this act prescribe
a period of time within which all com
mon carriers subject to the provisions
of this act shall have as near as may
be a uniform system of accounts and
the manner in which such accounts
shall be kept
Year Dates From July 1
Said detailed reports shall contain
all the required statistics for the pe
riod of twelve mouths ending on the
30th day of June In each year and
shall be made out under oath and filed
with the commission at its office in
Washington on or before the 30th day
of September then next following un
less additional time be granted In any
case by the commission and if anj
0frn or quired so to do such parties snail lor
feit to the United States the sum of
100 for each and every day It shall
continue to be in default with respect
thereto
Monthly Reports of Earnings
The commission shall also have au
thority to require said carriers to file
monthly reports of earnings and ex
penses or special reports within a spec
ified period and if any such carrier
shall fail to file such reports within the
time fixed by the commission it shall
be subject to the forfeitures last above
provided
Said forfeitures shall be recovered
in the manner provided for the recov
ery of forfeitures under the provisions
of this act
The oath required by tills section
may be taken before any person au
thorized to administer an oath by the
laws of the state in which the same is
taken
May Prescribe Form of Bookkeeping
The commission may in its discre
tion prescribe the forms of any and all
accounts records and memoranda to
be kept by carriers subject to the pro
visions of thi3 act Including the ac
counts records and memoranda of the
movement of traffic as well as the re
ceipts and expenditures of moneys
The commission shall at all times have
access to all accounts records and
memoranda kept by carriers subject to
this act and it shall be unlawful for
such carriers to keep any other ac
counts records or memoranda than
those prescribed or approved by the
commission and It may employ special
agents or examiners who shall have
authority under the order of the com
mission to Inspect and examine any
and all accounts records and memo
randa kept by such carriers This pro
vision shall apply to receivers of carri
ers and operating trustees
Forfeits For Disobedience
In case of failure or refusal on the
part of any such carrier receiver or
trustee to keep such accounts records
and memoranda on the books aud in
the manuor prescribed by the commis
sion or to submit such accounts rec
ords and memoranda as are kept to
the inspection of the commission o
te a
any of Its authorized agents orexamI
ners such carrier receiver or trustee
shall forfeit to the United States the
sum of 500 for each such offense and
for each and every day of the continu
ance of such offense such forfeitures
to he recoverable In the same manner
as other forfeitures provided for In this
act
Imprisonment For False Entries
Any person who shall willfully
make any false entry In the accounts
of any book of accounts or in any rec
ord or memoranda kept by a carrier or
who shall willfully destroy mutilate
alter or by aii3 other means or device
falsify the record of any such account
record or memoranda or who shall
willfully neglect or fail to make full
true and correct entries in such ac
counts records or memoranda of all
facts and transactions appertaining to
the carriers business or shall keep
any other accounts records or memo
randa than those prescribed or ap
proved by the commission shall be
deemed guilty of a misdemeanor and
shall be subject upon conviction in
any court of the United States of com
petent Jurisdiction to a fine of not le-
than 1000 nor more than 50 oi
Imprisonment for a term not less thai
one year nor more than three years o
both such fine and imprisonment
Fines For Indiscreet Examiners
Any examiner who divulges any
fact or information which may come to
his knowledge during the course of
such examination except in so far as
he may be directed by the commission
or by a court or judge thereof shall be
subject upon conviction in any court
of the United States of competent ju
risdiction to a fine of not more than
5000 or Imprisonment for a term not
exceeding two years or both
That the circuit and district courts
of the United States shall have juris
diction upon the application of the at
torney general of the United States at
the request of the commission alleging
a failure to comply with or a violation
of any of the provisions of said act to
regulate commerce or of any act sup
plementary thereto or amendatory
thereof by any common carrier to is
sue a writ or writs of mandamus com
manding such common carrier to com
ply with the provisions of said acts or
any of them
And to carry out and give effect to
the provisions of said acts or any of
them the commission is hereby author
izes to employ special agents or exami
ners who shall have power to adminis
ter oaths examine witnesses and re
ceive evidence
Bills of Lading
That any common carrier railroad
or transportation company receiving
property for transportation from a
point in one state to a point In another
state shall Issue a receipt or bill of
lading therefor and shall be liable to
the holder thereof for any loss dam
age or Injury to such property caused
by it or by any common carrier rail
road or transportation company to
which such property may be delivered
or over whose line or lines such prop
erty may pass and no contract re
ceipt rule or regulation shall exempt
such common carrier railroad or
transportation company from the lia
bility herein imposed Provided that
nothing in tills section shall deprive
any holder of such receipt or bill of t
lading of any remedy or right of action
which he has under existing law
That the common carrier railroad
or transportation company issuing
such receipt or bill of lading shall be
entitled to recover from the common
carrier railroad or transportation
company through whose negligence the
loss damage or Injury shall have been
sustained the amount of such loss
damage or injury as it inay be re
quired to pay to the owners of such
property
Sec S That all existing laws relat
ing to the attendance of witnesses and
the production of evidence and the
compelling of testimony under the act
to regulate commerce and all acts
amendatory thereof shall apply to any
and all proceedings and hearings under
this act
Sec 9 That all laws and parts of j
laws in conflict with the provisions of j
this act are hereby repealed but the
amendments herein provided for shall
not affect causes now pending In j
courts of the United States but such j
causes shall be prosecuted to a j
sion in the manner heretofore provided
by law
Sec 10 That this act shall take ef
fect and be In force from and after Its
Dassage
Plutos Safety Valve
A round smooth hole In the side of a
granite monument about nine miles
out from the City of Mexico is locally
known by a term which signifies Plu
tos safety valve The hole Is about
nine inches in diameter at the opening
which Is polished In a manner which
suggests human workmanship That
man had nothing to do with drilling
or polishing this hole will be readily
surmised when it is known that it has
occasionally emitted hot air and smoke
during a period extending over 300
years
The Man of Force
There is always room for a man of
force and he makes room for many
Society is a troop of thinkers and the
best heads among them take the best
places A feeble man can see the
farms that are fenced and tilled the
houses that are built The strong man
sees the possible houses and farms
His eye makes estates as fast as the
sun breeds clouds Emerson
Quite Fumillnr
There Is not much In a name per
haps said a young Sunday school
teacher Still It did give me a turn last
Sunday when I asked a boy In my
class how many apostles there were
to have him look up and reply care
lessly Oh a dozen or so
Disease takes no summer
vacation
If you need flesh and
strength use
Scotts Emulsion
summer as in winter
Send for free sample
SCOTT nOWNE Chemists
409 415 Icnrl Street New York
50c and 100 all druggists
A Guaranteed Cure For Piles
Itching Blind lileeding or Protrud
ing Piles Druggists refund money if
Pazo Ointment fails to euro any case
no matter of how long standing in Gtoli
days First application gives ease and
rest f0c If your druggist hasnt it
send 50c in stumps and it will bo for
warded postpaid by Paris Medicine Co
St Louis Mo
To Cure a Cold In One Day
Take laxative iiuomo quinine tablets
All druggists refund tbo money if it fails
to cure E V Groos signature is on
each box Swc
Georgia Brown
Fashionable
Dress and Mantau Maker
Now Walsh BIdg Phono 289
JOB HIGHT
CONTRACTOR
and BUILDER
Farm Buildings a Specialty
SATISFACTION
GUAKANTEKD
McCook Neb
OHiEHESTERS ENGLISH
PENNYROYAL P
ILLS
tor
25 lTTav3 reliable Lndlcfloslc Druggist Toi
GUICIIKKTliirM KN3IN5I I KeU an
0I1I metallic boxes sealed with blue ribbon
Jaur no other IScfuvp danseroun nuhxtl
tallmisanil iiaitntionH Iluyof your DruirKist
or send If in Mnps fur Iarliralnni Tentl
monlalH and Keller Tor Xndie in Utter
by re urn Mail 10000 Testmonials Kold by
all Druggists
CHICHESTER CHEMICAL CO
2100 JHadiOQ Square IHILA P4
Mention tMt
J eeeling
I TJVKR ISfT I
a twio a vsavan -
TAKE I
A Gc Ie Laxative
And petizer
l1
V01PIIWB
The best of every
thing in his line at
the most reasonable
prices is Harshs
motto He wants
your trade and
hopes by merit to
keep it
IE
The Butcher
Phone 12
