(Wis.) For giving, or accepting, on political grounds, any frank or special privilege, fine $200-$1,000 or imprisonment 1-5 years. Same, § 1797m-88. For unjust discrimination, $100-$1,000. Agent or officer, $50-$100. Same, § 1797m-89. For undue or unreasonable preference, $50-$1,000. Same, § 1797m-91. For any violation of the act, in addition to penalties, the public utility is liable to any person or corporation injured in treble damages. Same, § 1797m-93. Any officer, agent or employee who shall fail or refuse to fill out and return blanks, or answer any question therein, or knowingly and wilfully give false or evasive answers, or refuse to exhibit any books or papers in his control, or fail to properly keep his system of accounting as prescribed, or to do anything in connection therewith when directed, shall be punished by a fine of not less than $1,000 for each offense. If acting under instructions the public utility shall be liable to a fine $500-$1,000. Same, § 1797m-94. General penalty for violations for which there is no penalty provided, $100$1,000. Same, § 1797m-95. For interference with equipment of commission, a fine not to exceed $100 or imprisonment not to exceed 30 days, or both. Any public utility permitting such interference shall forfeit a sum not exceeding $1,000. Same, § 1797m-97. Every day's violation is a separate offense. Same, § 1797m-98. Penalties shall be recovered in the name of the state in circuit court for Dane County. Complaint may be made by the commission or any member, and action so commenced shall be prosecuted by the attorney general. Same, § 1797m-102. All penalties are cumulative. Same, § 1797m-104. The above apply to telephone, not to telegraph, companies. For issuing stock without complying with law, or for misapplication of proceeds thereof, corporation or officer, agent or director shall be liable to a fine of $500-$10,000 for each offense. Stats. 1911, § 1753-17. For false statement to secure authority to issue securities or knowingly negotiating such securities, directors or officers are guilty of felony and liable to fine, not less than $500 or imprisonment one to ten years, or both. Same, § 1753-18. For violating an order to change wires at railroad crossings, $25 for each ten days' default. Same, § 1778a-2. The three sections above apply to both telegraph and telephone companies. For further penalties applicable to telegraph companies, see Same, §§ 1797-18 (c, e)-22,-24,-25,-26,-27,-31,-34. 11. RESTRAINING OR STAYING ENFORCEMENT OF ORDERS. The commerce court which, under the act of June 18, 1910, had jurisdiction United over cases to suspend or set aside orders of the interstate commerce commission States. was abolished from and after December 31, 1913, by the Appropriation Act approved October 22, 1913. The jurisdiction over such cases was vested in the district courts. The act provides: *** No interlocutory injunction suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any order made or entered by the Interstate Commerce Commission shall be issued or granted by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, unless the application for the same shall be presented to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a circuit judge, and unless a majority of said three judges shall concur in granting such applicaWhen such application as aforesaid is presented to a judge, he shall immediately call to his assistance to hear and determine the application two other judges. Said application shall not be heard or determined before at least five days' notice of the hearing has been given to the Interstate Commerce Commission, to the Attorney General of the United States, and to such other persons as may be defendants in the suit: Provided, That in cases where irreparable damage would otherwise ensue to the petitioner, a majority of said three judges concurring, may, on hearing, after not less than three days' notice to the Interstate Commerce Commission and the Attorney General, allow a temporary stay or suspension, in whole or in part, of the operation of the order of the Interstate Commerce Commission for not more than sixty days from the date of the order of said judges pending the application for the order or injunction, in which case the said order shall contain a specific finding, based upon evidence submitted to the judges making the order and identified by reference thereto, that such irreparable damage would result to the petitioner and specifying the nature of the damage. The said judges may, at the time of hearing such application, upon a like finding, continue the temporary stay or suspension in whole or in part until decision upon the application. The hearing upon such application for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiraton of the notice hereinbefore provided for. *** Pending the decision of said appeal [from a decision in a proceeding to set aside an order of the commission] the commission may suspend the decision or order appealed from for such a period as it may deem fair and reasonable under the circumstances: Provided, That no appeal, unless the court or the commission shall so order, shall operate to stay any order of the commission: District Appropriation Act, March 4, 1913, § 8, par. 64. "That no injunction shall issue suspending or staying any order of the commission, except upon application to the Supreme Court of the District of Columbia or a judge thereof, and only upon notice to the commission and after hearing had." Same, par. 66. * the rules, regulations, orders, or decrees so fixed shall remain in force pending the decision of the courts." Const., Art. XV, § 17. District of Arizona. (Ariz.) California. For a provision differing only in details of phraseology from that in § 66 of the California law, referred to below, see Laws 1912, c. 90, § 66. No court of this State shall have jurisdiction to enjoin, restrain, suspend or delay any order or decision of the Commission, or to enjoin, restrain or interfere with the Commission in the performance of its official duties, and the rules, regulations, orders or decrees fixed by the Commission shall remain in force pending the decision of the courts; provided, that the writ of mandamus shall lie from the supreme court to the Commission in all proper cases." Same, § 67 (h). "All rules, regulations, orders, charges and decrees of the Commission shall remain in full force and effect pending a final decision of the court with reference thereto. No order staying, restraining or suspending any order, rule, regulation, charge, or decree of the Commission shall be made by any court of this State." Same, § 68. If an application for rehearing, filed ten days or more before order involved is effective, is not granted or denied before such effective date, order shall stand suspended until granted or denied. "An application for rehearing shall not excuse any corporation or person from complying with and obeying any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission may by order direct. *** Stats. 1911, 1st ex. sess., c. 14, § 66. No court except the supreme court may suspend or delay any order of the commission, or restrain or interfere with the commission in its official duties. Same, § 67. "(a) The pendency of a writ of review shall not of itself stay or suspend the operation of the order or decision of the commission, but during the pendency of such writ, the supreme court in its discretion may stay or suspend, in whole or in part, the operation of the commission's order or decision. 66 (b) No order so staying or suspending an order or decision of the commission shall be made by the supreme court otherwise than upon three days' notice and after hearing, and if the order or decision of the commission is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage." (c) In case the order or decision is stayed or suspended court must require a suspending bond to secure all damages caused by delay and all money collected in excess of rates prescribed, in case order is sustained. Court shall also require payment into court or a designated bank or trust company of such excess. (d) In case an order lowering a rate is suspended the commission shall require the utility affected, under penalty of immediate enforcement of order, to keep such accounts, verified by oath, as will show such excess amounts, with names and addresses of persons or corporations to whom refundable. Court may, from time to time, require additional security. Upon final decision by supreme court such excess to be paid to persons entitled thereto, in manner prescribed by commission. Moneys not claimed within specified time shall be paid into state (Cal.) treasury. Same, § 68. [ § 51 of the Colorado law is practically identical with § 66 of the California law Colorado. referred to above. Laws 1913, c. 127, § 51. No court of the state, except the supreme court to the extent specified, may suspend or delay any order of the commission, or interfere with the commission in its official duties, but mandamus shall lie from the supreme court to the commission in all proper cases. Same, § 52. § 53 of the Colorado law is practically identical with § 68 of the California law, quoted above. Same, § 53. (See note p. 3.) "Every such appeal shall be a supersedeas of the order, authorization, or decision appealed from, except as otherwise provided by statute; provided, that the court to which any such appeal is brought, or, if such court is not in session, any judge of the superior court, may at any time order that such appeal shall not so operate if, in the opinion of such court or judge, the appeal is brought for purposes of delay, or if justice, or equity, or public safety, or expediency shall so require; or such court or judge may order that such appeal shall so operate only upon compliance by the parties, or any of them, with such terms or conditions as such court or judge may determine." P. A. 1911, c. 128, § 33. *** but no supersedeas shall be granted from any order, decree or judgment of any court rendered in favor of said commissioners upon any proceeding instituted or caused to be instituted by the commissioners by or for mandamus, injunction, mandatory injunction, prohibition or procedendo, to compel the observance of the provisions of this chapter, as to any rule, rate or regulation of the commissioners, made thereunder, but any such order, decree or judgment shall be respected and obeyed until finally disposed of by the appellate court; but supersedeas may be granted in any other suit or case brought under the provisions of this chapter in which a supersedeas could in a similar suit or case brought under the provisions of other laws of this State be granted, but any such supersedeas shall be granted only upon good cause shown satisfactory to the judge before whom the cause was tried and upon such terms and conditions as may appear to such judge reasonable and proper and consistent with the prompt enforcement of the provisions of this chapter." Gen. Stats. 1906, § 2923. “*** An application for such a rehearing shall not excuse any corporation, public utility or person from complying with or obeying any order or any requirement of any order of the Commission or operate in any manner, to stay or postpone the enforcement thereof, except as the Commission may by order direct. ***" Laws 1913, c. 61, § 62. "(d) No court of this State shall enjoin or restrain the enforcement of any order of the Commission or stay the operation thereof, unless the applicant for such writ shall give three days' notice of said application to all adverse parties and to the Commission. On the hearing of such application, the applicant shall present to the court a transcript of the proceedings had before the Commission, including the evidence, and such transcript shall be con Connecticut. Florida. Idaho. (Id.) Illinois. sidered by the court in determining the applicant's right to an in- (e) In case the order or decision of the Commissioner is stayed or suspended, the order shall not become effective until a suspending bond has been executed and filed with and approved by the Commission, or by the court of review, conditioned in manner and form as the suspending bond specified in Section 64b hereof, and the court shall direct that all moneys involved in said proceeding shall be paid into court under the terms and conditions and subject to the disposition thereof, provided in Section 64c and 64d hereof." Same, § 63. "(a) The pendency of a writ of review shall not of itself stay or suspend the operation of the order or decision of the Commission, but during the pendency of such writ, the court in which such action is pending either originally or on appeal, may stay or suspend, in whole or in part, the operation of the Commission's order or decision. "(b) No order so staying or suspending an order or decision of the Commission shall be made by the court otherwise than upon a three days' notice and after hearing, and if the order or decision of the Commission is suspended, the order suspending the same shall contain a specific finding based upon the evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage." (c) In case the order is stayed court must require a suspending bond to secure all damages caused by delay and all money collected in excess of charges fixed in order, in case order is sustained. Court must also require that excess collected be impounded in court or designated bank or trust company. (d) In case an order lowering rates is suspended the commission shall require the utility to keep accounts to show such excess amounts, with names and addresses of persons to whom refundable. Court may, from time to time, require additional security. Upon final decision by court, excess shall be paid to persons entitled thereto in manner prescribed by commission; unclaimed money to be paid into state treasury. Same, § 64. "*** An application for rehearing shall not excuse any corporation or person from complying with and obeying any rule, regulation, order or decision or any requirement of any rule, regulation, order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission may by order direct. * * * " Laws 1913, p. 459,1 § 67. "The pendency of an appeal shall not of itself stay or suspend the operation of the rule, regulation, order or decision of the commission, but during the pendency of such appeal the circuit court of Sangamon county, or the Supreme Court, as the case may be, in 'Effective January 1, 1914. |