said commissioners, in so far as may in the judgment of the commissioners be deemed practicable; and said commissioners shall from time to time prescribe the measures of publicity which shall be given to such rates, fares and charges, or to such part of them as they may deem it practicable for such common carrier to publish, and the places in which they shall be published; but no common carrier, party to any such joint tariff, shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares and charges thus made and published. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares and charges, as provided in this section or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus to be issued by any circuit court of the state in the judicial circuit wherein the principal offices of said common carrier is situated or where such offense may be committed. And if such common carrier be a foreign corporation, then such writ may be issued by any circuit court in the judicial circuit where. such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section, and such writ shall issue in the name of the State of South Dakota at the relation or upon the petition of the said board of railroad commissioners of this state; and failure to comply with its requirements shall be punishable as and for a contempt; and shall make said corporation liable to a penalty of $500 for each day's failure to comply, and when any such writ of mandamus shall be so applied for by said commissioners, no bond shall be required of them by any court or judge, in which or before whom any such application may be made.

§ 11. CONTINUOUS CARRIAGE.] It shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract or agreement expressed or implied, to prevent by change of time, schedules, carriage in different cars, or by other means or devices, the carriage of freight from being continuous from the place of shipment to the place of destination in this state, and no break of bulk, stoppage or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination unless such break, stoppage or interruption was made in good faith for some necessary purpose and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act.

§ 12. LIABILITY.] In case any common carrier subject to the provisions of this act, shall do, cause to be done or permit to be done, any act, matter or thing in this act prohibited or declared. to be unlawful or shall omit to do any act, matter or thing in this act required to be done, such common carrier shall be liable to the

person or persons injured thereby, for the amount of damages. sustained in consequence of any such violation of the provisions of this act, if recovered without suit or if recovered by suit such common carriers shall be liable to the person or persons injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of together, with costs of suit and a reasonable counsel or attorney's fee to be fixed by the court in which the same is heard on appeal or otherwise, which shall be taxed and collected as part of the costs in the case; provided that in all cases demand in writing on said common carrier shall be made for the money damages sustained before suit is brought for recovery under this section, and that no suit shall be brought until the expiration of thirty days after such demand.

§ 13. SUIT MAY BE BROUGHT FOR RECOVERY OF DAMAGES.] Any person or persons claiming to be damaged by any common carrier, subject to the provisions of this act, may either make complaint to the board of railroad commissioners of this state or may bring suit in his or their own behalf for the recovery of damages for which any such common carrier may be liable under the provisions of this act in any court of this state of competent jurisdiction, but such person or persons shall not have the right to pursue both of said remedies at the same time. In any such action brought for the recovery of damages the court before whom the same shall be pending may compel any director, officer, receiver, trustee or agent of the corporation or company, defendant in such suit, to attend, appear and testify in such case and may compel the production of the books and papers of such corporation or company party to any such suit.

$14. VIOLATION PENALTY.] Except as otherwise specially provided for in Sections 26 to 31 inclusive, of this act, and unless relieved from the consequences of a violation of the law as provided in Section 18 of this act, any common carrier subject to the provisions of this act, or whenever any such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent or person acting for or employed by such corporation who, alone or with any other corporation, company, person or party shall willfully do, or cause to be done, or shall willingly suffer or permit to be done any act, matter or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter or thing so directed or required by this act to be done, not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof in any circuit court of this state be subject to a fine not to exceed five thousand dollars and not less than five hundred dollars for each offense.

§ 15. DUTIES AND POWERS OF RAILROAD COMMISSIONERS.] It shall be the duty of, and the board of railroad commissioners of this state shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the said commissioners to perform the duties and carry out the object for which said board was created and which are contemplated by this act; and for the purpose of this act the said commissioners shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, schedules, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of this state, in requiring the attendance and testimony of witnesses and the production of books, papers and documents under the provisions of this section. And any court of this state within the jurisdiction of which such inquiry is carried on, shall in case of contumacy, or refusal to obey a subpoena or other process issued by said railroad commissioners to any common carrier or person subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said commissioners (and produce books and papers if so ordered) and give evidence touching or in relation to the matter in question; and any failure to obey such order of the court shall be punished by such court as a contempt thereof.

§ 16. MAY PETITION RAILROAD COMMISSIONERS.] Any person, firm, corporation or association, or any mercantile, agricultural or manufacturing society, or any body politic or municipal organization, complaining of anything done or omitted to be done, by any common carrier subject to the provisions of this act in contravention of the provisions thereof, may apply to said commissioners by petition, which shall briefly state the facts, whereupon a statement of the complaint thus made with the damages, if any are alleged, shall be forwarded by the said commissioners to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing within a reasonable time to be specified by the commissioners. If such common carrier shall within the time specified, make reparation for the injury alleged to have been done, or shall correct the wrong complained of, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such common carrier shall not satisfy the complaint, within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of said commissioners to investigate the matters complained of, in such manner and by such means as said commissioners shall deem proper,

and said commissioners whenever they may have sufficient reason to believe that any common carrier is violating any of the provisions of this act, shall at once institute an inquiry in the same manner and to the same effect as though complaint had been made. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant or petitioners.

§ 17. REPORT OF INVESTIGATION.] Whenever an investigation shall be made by said commissioners after notice as provided by Sec. 16 of this act, it shall be their duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the commissioners are based, together with its or their recommendations or orders 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 finding so made, shall thereafter in all judicial proceedings be deemed and taken as prima facie evidence as to each and every fact found. All reports of investigation made by said commissioners shall be entered of record and a copy thereof shall be furnished to the party who may have complained, and any other person or persons directly interested, and to any common carrier that may have been complained of.

§ 18. COPY OF REPORT GIVEN COMPANY.] If in any case in which an investigation shall be made by said commissioners it shall be made to appear to the satisfaction of the commissioners, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act or of any law cognizable by said commissioners, by any common carrier, or that any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of such commissioners forthwith to cause a copy of their report in respect thereto to be delivered to such 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 commissioners; and if within the time specified it shall be made to appear to the commissioners 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 commissioners or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the commissioners and the said common carrier shall thereupon be relieved from further liability for such particular violation of law.

§ 19. REFUSAL TO OBEY ORDERS OF COMMISSIONERS---POWER OF COURTS.] Whenever any common carrier as defined in and subject to the provisions of this act shall violate or refuse or neglect to obey any lawful order or requirement of the said board of railroad

commissioners, it shall be the duty of said commissioners and lawful for any company or person interested in such order or requirement, to apply in a summary way, by petition to the circuit court in any county of this state in which the common carrier complained of has its principal office, or in any county through which its line of road passes or is operated, or in which the violation or disobedience of such order or requirement may 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 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 without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power if it think fit to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said commissioners shall be prima facie evidence of the matter therein, or in any order made by them stated; and if it be made to appear to such court on such hearing or on the report of any such person or persons, that the order or requirement. of said commissioners drawn in the question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said commissioners and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such courts to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the directors, officers or agents of the same, or against any owner, lessee, trustee, receiver or other person failing to obey such writ of injunction or other process, mandatory or otherwise; and said court may if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in default the sum of one thousand dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey such injunction or other process, mandatory or otherwise; and such moneys shall, upon the order of the court, be paid into the treasury of the county in which the action. was commenced, and one-half thereof shall be transferred by the