the Interstate Commerce Commission (or before said commerce court) and to file designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if made personally upon such common carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission (or commerce court) may be made by posting such notice or process in the office of the secretary of the Interstate Commerce Commission."4

"That in any proceeding for the enforcement of the provisions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the rate, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers." 5

The District Courts of the United States "have jurisdiction, upon the application of the Attorney-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 supplementary thereto or amendatory thereof by any common carrier, to issue a writ or writs of mandamus commanding such common carrier to comply with the provisions of said Acts, or any of them."6

4 Act of June 18, 1910, ch. 309, § 6, 36 St. at L. 544, Comp. St. § 8600.

5 Act of Feb. 19, 1903, ch. 708, § 2, 32 St. at L. 848, Comp. St. $ 8598.

6 Act of Feb. 4, 1887, ch. 104, $ 20, 24 St. at L. 386, as amended

June 29, 1906, ch. 3591, § 7, 34 St. at L. 593, Feb. 25, 1909, 35 St. at L. 649, June 18, 1910, ch. 309, § 14, 36 St. at L. 555, March 4, 1915, ch. 176, § 1, 38 St. at L. 1196, Aug. 9, 1916, ch. 301, 39 St. at L. 441 Feb. 28, 1920, § 434, 436, Comp. St. § 8592.

The District Courts of the United States "have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ; Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of the question of fact; Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement."7

The Act of March 1, 1913, providing for the physical valuation of property of carriers provides, "that the District Courts of the United States shall have jurisdiction upon the application of the Attorney-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 this section by any common carrier to issue a writ or writs of mandamus commanding such common carrier to comply with the provisions of this section.' The Supreme Court of the District of Columbia may issue a mandamus against the commission in a proper case.

7 Act of March 2, 1889, ch. 382, § 6, 25 St. at L. 862, Comp. St. § 8593.

8 Act of Feb. 4, 1887, ch. 104, § 19a, added March 1, 1913, ch. 92, 37 St. at L. 701, Feb. 28, 1920, $433, Comp. St. § 8591.

9 U. S. ex rel. Kansas City Southern Ry. Co. v. Interstate Commerce Commission, s. c., U. S., March 8, 1920.

"(1) If, after hearing on a complaint made as provided in section thirteen of this Act, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act for a violation 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." 10

66

(2) If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the" (District Court) "of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the commission in the premises. Such suit in the" District Court "of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit, the finding of an order of the commission shall be prima facie evidence of the facts, therein stated,11 and except that the petitioner shall not be liable for costs in the" District Court "nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee to be taxed and collected as a part of the costs of the suits.12

"(3) All actions at law by carriers subject to this Act for recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after. All complaints for the recovery of damage shall be filed with the Commission within two years from the time the cause of action accrues, and not after, unless the carrier, after the expiration of such two years or within ninety days before such expiration begins an action for recovery of charges in respect of the same service in which case such period for two years shall be extended to and including ninety days

10 Act of Feb. 4, 1887, ch. 104, $ 16, as amended, Act of March 2, 1889, ch. 382, §5, Act of June 29, 1906, ch. 3591, § 5, Act of June 18,

1910, ch. 309, § 13, Act of Feb. 28, 1920, §§ 423-429, Comp. St. § 8584. 11 See supra, § 32a; infra, § 333g. 12 See infra, § 416a.

from the time such action by the carrier is begun. In either case the cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after. A petition for the enforcement of an order for the payment of money shall be filed in the District Court or State court within one year from the date of the order, and not after.13

"(4) In such suits all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs and all of the carriers parties to such an order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; 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.

"(5) Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law.

"(6) The Commission shall be authorized to suspend or notify its orders upon such notice and in such manner as it shall deem proper."

"(7) It shall be the duty of every common carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect.

"(8) Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of sections 3, 13, or 15 of this Act shall forfeit to the United States the sum of $5,000 for each offense. Every distinct violation shall be a separate offense, and in case

18 See infra, § 180.

of a continuing violation each day shall be deemed a separate offense.

"(9) The forfeiture provided for in this Act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs.

"(10) 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 recovery 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.

"(11) The Commission may employ such attorneys as it finds. necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission." 14

"The orders, writs, and processes of the District Courts may in these cases, run, be served, and be returnable anywhere in the United States.'' 15

Suits to review, to set aside, and to restrain the enforcement. of orders of the Commission, are subsequently considered.16

§ 77e. Jurisdiction of the Railroad Boards of Labor Adjustment. The Transportation Act of February 28, 1920, provides: "(1) The term 'carrier' includes any express company, sleeping car company, and any carrier by railroad, subject to the Interstate Commerce Act, except a street, interurban, or suburban electric railway not operating as a part of a general steam railroad system of transportation;

"(2) The term 'Adjustment Board' means any Railroad Board of Labor Adjustment established under section 302:

t

by