" 1

Commission had power to construe, in and apply the law by preliminary judg the Commission said: “A careful read the act under which this Commission is ized, will show to the petitioners and who have made similar applications that ne diction has been given us to answer questions those under consideration. An expression c opinion on these subjects at this time, being re a duty imposed nor a power conferred by the ute, would carry with it no judicial effica sanction; in fact, would be no more useful t public or the carrier than the opinion of ‹ men upon the same points." The Commis has a certain discretion to receive and adj. complaints made by parties who have no inte in the matter involved.2 Persons having an terest in a question pending before the Com sion will be allowed to appear and be heard w the case is being submitted, without being ma formal parties. Where one makes complaint & ting up a personal grievance which he fails 1 prove, the Commission may nevertheless, if a VIlation of law by the defendant appears, retain t case and take such action as may be necessary. One may complain to the Commission on public grounds of a violation of the act which amounts to a putlic grievance, without having any personal interes to be affected by the violation. A petition to reopen a case and for a rehearing, should show prima facie that material testimony has been overlooked or misapprehended, or some error in the findings of fact or conclusions of law. After a complaint has been heard and determined by the Commis

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sion, an application for a rehearing made by persons who were not parties to the proceeding will not be granted, but if, upon a new or different complaint it should appear that its former decision is erroneous, the Commission will correct it." In England the railway commissioners have full power of permitting the proceedings before them. to be amended; and wili exercise the power liberally to give effect to the statute.

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1 In re Petition of the Order of Railway Conductors; In re Petition of Traders and Traveler's Union, April 18, 1857, Railway Age, April 22, 1887, p. 282.

2 Adolph Ottinger v. Southern Pacific R. R. Co. 1 Inter. Com. C. 144. 3 Hurlburt v. Lake Shore & M. S. R'y Co. 2 Inter. Com. C. 1.2.

4 Smith v. Northern Pacific R. R. Co. 1 Inter. Com. C. 203.

5 Boston & Albany R. R. Co. v. Boston & L. R. R. Co. et al, 1 Inter. Com. C. 158.

6 Myers v. Pennsylvania R. R. Co. et al. 3 Inter. Com. C. 130.

7 In re Petition of the Produce Exchange of Toledo, 2 Inter. Com. C. 588.

8 Mayor etc. v. S. E. R'y Co. 1 Nev. & Mac. 349.

1071. Findings of Commission as evidence. "SEC. 14 (As amended). That, whenever an inves66 tigation 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 any 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

BEACH ON RAILWAYS-119

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CONCLUDING SECTIONS OF THE ACT.

"may have complained, and to any commer that may have been complained of. The "sion may provide for the publication of its: "and decisions in such form and manner as "best adapted for public information and us "such authorized publications shall be com "evidence of the reports and decisions of the "mission therein contained, in all courts e "United States, and of the several States, wit any further proof or authentication thereof. "commission may also cause to be printed för e "distribution its annual reports.

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The constitutional power of the legislature to scribe rules of evidence is well settled.2 has been often exercised by the legislature, with: sanction of the courts, so as to change the barder This por proof, or to affect the question as to what shal: deemed prima facie evidence. The decided weight authority is in favor of the constitutionality of legs lation giving prima facie force and effect to certai proofs. 4 The constitutionality of the provision i this clause upon this subject has been directly rule. upon by a United States court, holding that n valid constitutional objection can be urged against making the findings of the Commission prima facie evidence in subsequent judicial proceedings; the provision merely prescribes a rule of evidence which is clearly within the legislative power.5 provision in a State statute has been upheld.' A similar

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"SEC. 15. That if in any case in which an investi"gation shall be made by said Commission, it shall "be made to appear to the satisfaction of the Com

sion, either by the testimony of witnesses cr er evidence, that anything has been done, or itted to be done, in violation of the provisions this act, or of any law cognizable by said comssion, by any common carrier, or that any injury damage has been sustained by the party or pares complaining, or by other parties aggrieved in pnsequence of any such violation, it shall be the uty of the commission to forthwith cause a copy f its report in respect thereto to be delivered to uch common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a 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 Commission, or to the satisfactionof the party com"plaining, 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."

1 The last paragraph was added by the amending act of March 3, 1889. 2 PARSONS, C. J., in Kendall v. Kingsdon, 5 Mass. 524, 531; WASHINGTON, J., and MARSHALL, C. J., in Ogden v. Saunders, 12 Wheat. 213, 262, 349; Board v. Merchant, 103 N. Y. 143; S. C. 34 Alb. Law J. 394.

3 Goshen v. Richmond, 4 Allen, 458; Monson v. Palmer, 8 Allen, 551, 556; Howard v. Moot, 64 N. Y. 252, 263; Doyle v. Doyle, 56 N. H. 567; Perkins v. Scott, 57 N. H. 55; Brown v. Kemball, 12 Vt. 617; Stoddard v. Chapin, 15 Vt. 443. See Lee v. Tillotson, 21 Wend. 337, in connection with 2 Paine, 583.

4 Holmes v. Hunt, 122 Mass. 505: Matthews v. Offley, 3 Sum. 115. And see Lazarus v. Commonwealth Ins. Co. 19 Pick. 81; Lock v. Bennett, 7 Cush. 445, 453; Nolan v. Collins, 112 Mass. 12; Fair v. Manhattan Ins. Co.

112 Mass. 320, 328-332; Lowe v. Pimental, 115 Mass. 44; Corbett v. Green law, 117 Mass. 167.

5 Kentucky & I. Bridge Co. v. Louisville & N. R. R. Co. 37 Fed Rep. 567.

6 Mississippi Railroad Commission Act, 1834, § 19. 7 Stone v. Farmers' L. & T. Co. 116 U. S. 307, 312. And see St. Lou's etc. R'y Co. v. Hill, 11 Bradw. 248; Chicago & A. R. R. Co. v. People, Ill. 11.

§ 1072. The United States courts; their powers-Appeals."SEC. 16 (As amended), PAR. 1. "That whenever any common carrier, as defined in "and subject to the provisions of this act, shall vio "late, or refuse or neglect to obey or perform any "lawful order or requirement of the Commission cre"ated by this act, not founded upon a controversy "requiring a trial by jury, as provided by the sev "enth amendment to the Constitution of the United States, it shall be lawful for the Commission or for any company or person interested in such order or "requirement, to apply in a summary way, by peti "tion, to the circuit court of the United States sit"ting in equity in the judicial district in which the

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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; "and the said court shall have power to hear and "determine the matter, on such short notice to the

6.

common carrier complained of as the court shall "deem reasonable; and such notice may 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 as a court of equity, and with"out the formal pleadings and proceedings applica"ble to ordinary suits in equity, but in such manner