Argument of Mr Franklin B Gowen Before the Committee On Commerce of the Ho
Argument of Mr Franklin B Gowen Before the Committee On Commerce of the Ho
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It can be issued to compel a public officer to do his duty ; but a railway official is not a public officer, and there is no statute in Pennsylvania making the writ applicable to enforce the liability of a common carrier. If the evil com- plained of is a forcible obstruction if the railroad company engages in acts of commission intended to obstruct a party from using his property, for instance, then you can obtain a preliminary injunction restraining the company from the com- mission of the wro...ngful act. But if the obstruction is merely passive, such as refusing to transport, you cannot obtain a preliminary injunction, but must wait till final hearing for your remedy. I would, therefore, suggest, that if any law is passed by Congress on this subject, it should be to vest in the Courts of the United States, in all cases where they have jurisdiction, the power to compel railroad companies and other transporters to do their duty as common carriers, on the application of any party aggrieved.
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To quickly assess the difficulty of the text, read a short excerpt:
It can be issued to compel a public officer to do his duty ; but a railway official is not a public officer, and there is no statute in Pennsylvania making the writ applicable to enforce the liability of a common carrier. If the evil com- plained of is a forcible obstruction if the railroad company engages in acts of commission intended to obstruct a party from using his property, for instance, then you can obtain a preliminary injunction restraining the company from the com- mission of the wro...ngful act. But if the obstruction is merely passive, such as refusing to transport, you cannot obtain a preliminary injunction, but must wait till final hearing for your remedy. I would, therefore, suggest, that if any law is passed by Congress on this subject, it should be to vest in the Courts of the United States, in all cases where they have jurisdiction, the power to compel railroad companies and other transporters to do their duty as common carriers, on the application of any party aggrieved.
What to read after Argument of Mr Franklin B Gowen Before the Committee On Commerce of the Ho?
You can find similar books in the "Read Also" column, or choose other free books by Franklin B Franklin Benjamin Gowen to read onlineMoreLess
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