Western Union Telegraph Co. v. Myatt

• Decision Date: 27 November 1899
• Citation: 98 F. 335
• Parties: WESTERN UNION TEL. CO. v. Myatt, State Solicitor, et al.
• Court: U.S. District Court — District of Kansas

98 F. 335

WESTERN UNION TEL. CO. v. Myatt, State Solicitor, et al.

United States Circuit Court, D. Kansas, First Division.

November 27, 1899

George H. Fearons, Rossington, Smith & Histed, L.C. Krauthoff, and Frank Hagerman, for complainant.

A. J Myatt, State Sol., and A. A. Godard, Atty. Gen., for defendants.

The Western Union Telegraph Company is a corporation organized under the laws of the state of New York, and is a citizen of that state. The defendants are citizens and residents of the state of Kansas. Defendants W. A. Johnson, J. C Postlethwaite, and L. C. Crum are the judges of the court of visitation, a tribunal organized pursuant to the provisions of chapter 28 of the Special Session Laws of 1898 of the state of Kansas, the same being an act entitled 'An act creating a court of visitation, declaring its jurisdiction and powers, and providing for proceedings and procedure therein,' approved January 3, 1899. A. J. Myatt is the state solicitor, whose office is created and whose duties are defined by the said act. The defendant J. G. Maxwell is the complaining witness in certain proceedings against the telegraph company pending in the court of visitation, and who, by such proceedings, is seeking to enforce the provisions of chapter 38 of said Special Session Laws, the same being an act entitled 'an act concerning the transmission and delivery of telegraphic messages, regulating the charges therefor between points with this state, granting the court of visitation jurisdiction of certain matters mentioned herein and prescribing penalties for violations thereof,' approved January 6, 1899. Said chapter 28 which creates the court of visitation, so far as it concerns this suit, is substantially as follows: Section 1 creates the court of visitation, denominates it a court of record, and prescribes the qualifications of the judges thereof. Section 2 provides for the election of the judges, and for their appointment pending such election. Section 5: The appointment and subsequent election of a state solicitor, and that 'it shall be his duty to appear and represent the state in all actions, and proceedings before the court of visitation to which the state is a party. ' Section 7 The court shall sit at its rooms in the state house, but for good cause may sit in any other place in the state, and shall be deemed in perpetual session. Section 8 defines the power and jurisdiction of the court throughout the state to try and determine all questions as to what are reasonable freight rates, switching and demurrage charges, and other charges connected with the transportation of property between points in the state; to apportion charges between connecting roads, determine all questions relating to charges for use of cars, etc.; to regulate charges for part car-load and mixed car-load lots of freight, etc.; to classify freight; to apportion transportation charges among connecting lines; to require the construction of depots, switches, etc., for public convenience; to compel reasonable and impartial train and car service; to regulate crossings and intersections of railroads and regulate the operation of trains over them; to prescribe rules concerning the movements of trains to secure safety to employes and the public; to require the use of improved appliances and methods to avoid accidents and injuries to persons; to restrict railroad corporations to operations within their charter powers, prevent the oppressive exercise thereof, and compel performance of all duties required of railroads by law; to summon juries, as a court of equity, in any case or matter before it, the qualifications of the jurors being prescribed; to exercise other and further powers as are given by the said act or as may be conferred by law. Section 9: The court shall possess full common-law and equity powers as to matters within its jurisdiction; may issue writs and process to compel attendance of parties and witnesses, the production of books, etc.; execute its decrees and orders, including writs of injunction and mandamus, and may appoint receivers to carry its judgment into effect; shall have the same power to punish for contempt as district courts. Section 13 provides that the pleadings shall be a complaint in the name of the state as plaintiff, to be styled an 'information' and an 'answer of defendant,' and prescribes what may be set forth therein. Section 14 makes it the duty of the state solicitor to file information in the name of the state upon receiving sworn information of violation of law on the part of any railroad company. Section 16 provides that the court may appoint a special state solicitor if the regular officer neglects or delays the performance of his duties, and for a forfeiture of the latter's compensation. Section 17: After the return of the citation, no information can be dismissed without the permission of the court, and no compromise, agreement, or stipulation between the state solicitor and any defendant shall be binding upon the court without its approval after being fully advised of the facts. Section 20: The complainant may employ counsel to assist the state solicitor in proceedings on behalf of the state, which additional counsel are to be treated by the state solicitor and the court equally with the state solicitor. Section 21: Any person, corporation, county, etc., interested in any information or complaint shall be made a party to the proceeding. Section 22: Any aggrieved person, corporation, etc., though not a party to the suit, may enter appearance therein at any time on showing that the decree of the court is being violated, and secure enforcement thereof. Section 24 authorizes the court to order the information to be amended so as to bring the entire schedule of rates of the railroad company before it for consideration, if it deems it probably unjust to merely change the rate between the points mentioned in the information. Section 28 provides for such decree at the conclusion of every trial as the pleadings and proofs warrant. After the trial of any action involving the reasonableness of a general schedule of freight charges, the court shall specially find the facts it deems most material, the value of the road and all property used in connection therewith, the actual cost, the amount of capital stock, the bonded and other indebtedness, what part is fictitious or fraudulent, if any, the average yearly revenue, the sources from whence derived, whether they will probable increase or diminish, the average expenses of operation and maintenance, etc. The court shall thereupon enter decree in accordance with its findings and decision, adjudging and decreeing what are reasonable rates for each and every service at issue in the case, and perpetually enjoining the defendant from demanding or receiving any other or different rates. The decree shall embody a complete schedule of the charges adjudged to be reasonable, and the classification of freight necessary for the explanation thereof. Section 29: The court may, as a court of chancery, rehear any order or decree. Section 30: Copies of each order or decree determining what are reasonable charges shall be printed by each railroad company affected, and posted in a place convenient for public use. Section 31: In certain cases, companies owning connecting lines must be joined as defendants, and the hearing and decree shall include the joint rates and apportionment thereof. Section 32: If any company fails to comply with any order or decree for 30 days after promulgation thereof, the court, upon proof of such failure, and after notice, may order sequestration of the whole or any part of the company's property, owned or leased, and appoint a receiver to take possession and charge of the property, and operate the same, and carry the order and decree into effect, or until the company shall furnish satisfactory security for compliance, in which latter case the accounts of the receiver shall be passed, and the net proceeds of operating the property shall be paid to the company, and the property returned to it. Section 34: Final decrees of the court shall be reviewable by the supreme court in like manner as judgments of district courts. The supreme court may, in its discretion, stay the issuing of any writ or process to carry the decree into effect pending the appeal, but such stay shall not affect the use, conclusiveness, or exclusiveness of any such decree as evidence in any case or proceeding. The time within which the appeal may be taken is prescribed. Section 36: No proceeding to review any decree of the court shall preclude the opening of the same during the pendency of the appeal, but the court of visitation may at any time reconsider the matter, and take into consideration other circumstances not before considered in connection with evidence on which the former decision was based, and enter a new order or decree. Section 37 relates to fees and costs, and provides that the court may employ experts and extra stenographers when deemed necessary, and tax a reasonable allowance for their services as costs. Section 40: Any officer, agent, or employe of a railroad company shall be deemed guilty of a misdemeanor, and punished by fine, of not more than $1,000, or imprisonment in the county jail for not more than a year, if he shall knowingly demand, collect, or receive a greater compensation for the transportation of persons or property than that fixed by law or by the court, or who shall discriminate in the matter of rates and charges; and the railroad company itself is subject to a penalty of $1,000, and each day that such violation continues constitutes a separate and additional offense. It is made the duty of the state solicitor to prosecute such offenses, or to recover the penalties by civil...