...apprehended mischief by providing that, if the defendant in an action to collect such penalties prove that it was "actually and in good faith prosecuting a suit,...the pendency of such suit, action or proceeding." Furthermore the companies would not be held subject to penalties until after the order complained of...

...good faith prosecuting a suit to review such order or decision in the manner as provided in this act, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding." The filing of a motion for rehearing In a case of this character sustains a like relation...

...faith prosecuting a suit, action or proceeding in the courts to set aside the order of the Commission, the court shall remit the penalties or forfeitures...during the pendency of such suit, action or proceeding, which removes the grounds assigned for declaring the other statutes unconstitutional. Likewise, the...

...violation of an order of the commission the defendant was actually and in good faith prosecuting the suit, action or proceeding in the courts to set aside...or forfeitures incurred during the pendency of such siiit, action or proceeding. All moneys recovered in any such action, together with the costs thereof,...

...action all penalties and and forfeitures incurred up to the time of commencing the same may Forfeitures. be sued for and recovered therein, and the commencement...during the pendency of such suit, action or proceeding. Either commission may investigate freight rates or interstate traffic on railroads within the state,...

...forfeiture; if the defendant in such action shall prove that during any portion of the time for whlcn it Is sought to recover penalties or forfeitures for...the pendency of such suit, action or proceeding-. Either commission may investigate freight rates or interstate traffic on railroads within the state,...

...order of the •ommlssion the defendant was actually and in good fal.th prosecuting a suit, action >r proceeding In the courts to set aside such order,...during the pendency of such suit, action or proceeding. Each commlielon shall within its jurisdiction: under any general or special luw or under any charter...

...was actually and in good faith prosecuting a suit, action or proceeding In the courts to set aaide such order, the court shall remit the penalties or...during the pendency of such suit, action or proceeding. Either commission may investigate freight rates or Interstate traffic on railroads within the state,...

...recover a penalty and forfeiture brought by the Commissioners under the act, if the defendant in such an action shall prove that during any portion of the...during the pendency of such suit, action or proceeding. The only proceeding available to this petitioner would be that of certiorari, but that is not conclusive...

...name of the people of the state of New York, and shall be commenced and prosecuted to final judgment by counsel to the commission. In any such action all...such action, together with the costs thereof, shall he paid into the state treasury to the credit of the general fund. Any such action may be compromised...