SANBORN, District Judge.
The suit is one for a penalty for an alleged violation of the power or train brake provisions of the Safety Appliance Acts (45 USCA § 1 et seq.) and of the order of the Interstate Commerce Commission issued pursuant to the provisions of section 2 of the Act of March 2, 1903 (32 Stat. 943 [45 USCA § 9]), which order reads as follows:
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