69-14-134. Court enforcement of commission actions. (1) The district court has jurisdiction to enforce, by proper decree, injunction, or order, the rates, classifications, rulings, orders, and regulations made or established by the commission under the provisions of this chapter. The proceeding must be by equitable action in the name of the state and must be instituted by the attorney general or county attorney whenever advised by the commission that any railroad, railway, or common carrier is violating or refusing to comply with any rule, order, rate, classification, or regulation made by the commission and applicable to the railroad, railway, or common carrier. The proceedings must have precedence over all other business in the courts except criminal business.
     (2) In any action, the burden of proof rests upon the defendant, who shall show by clear and satisfactory evidence that the rule, order, regulation, rate, or classification involved is unreasonable and unjust as to the defendant. If, in the action, it is the decision of the court that the rule, regulation, order, rate, or classification is not unreasonable or unjust and that in refusing compliance the railroad, railway, or common carrier is failing or omitting the performance of any duty, debt, or obligation, the court shall decree a mandatory and perpetual injunction compelling obedience to and compliance with the rule, regulation, order, rate, or classification by the defendant and its officers, agents, servants, and employees and may grant other relief that is just and proper. Any violation of the decree renders the defendant and any officer, agent, servant, or employee of the defendant who is in any manner instrumental in the violation guilty of contempt, punishable by a fine not exceeding $1,000 for each offense or by imprisonment of the person guilty of contempt until the person sufficiently purges the contempt. The decree remains in effect until the rule, regulation, order, rate, or classification is modified or vacated by the commission. This section may not be construed to deprive either party to the proceedings of the right to trial by jury as provided by the seventh amendment to the constitution of the United States or as provided by the constitution of this state.
     (3) An appeal may be made to the supreme court from the decree in the action, and the cause must have precedence over all other civil actions of a different nature pending in the supreme court except original proceedings in the supreme court.

     History: En. Sec. 24, Ch. 37, L. 1907; Sec. 4387, Rev. C. 1907; re-en. Sec. 3806, R.C.M. 1921; re-en. Sec. 3806, R.C.M. 1935; R.C.M. 1947, 72-128; amd. Sec. 30, Ch. 43, L. 1979; amd. Sec. 2033, Ch. 56, L. 2009.