§ 132. Enforcement proceedings. Whenever the commissioner shall find
that a common carrier subject to his supervision is failing or omitting
or about to fail or omit to do anything required of it by law or by
order of the commissioner, or is doing anything or about to do anything
or permitting anything or about to permit anything to be done, in
violation of law or of any order of the commissioner, he shall direct an
attorney employed by the department to commence an action or special
proceeding in the supreme court in the name of the commissioner for the
purpose of having such violations or threatened violations stopped and
prevented. Such attorney shall thereupon begin an action or special
proceeding alleging the violation complained of and praying for
appropriate relief. In case of default in answer or after answer, the
court shall immediately inquire into the facts and circumstances in such
manner as the court shall direct without other or formal pleadings, and
without respect to any technical requirement. Such other persons or
corporations as the court shall deem necessary or proper to join as
parties in order to make its judgment effective, may be joined as
parties upon application. The final judgment in any such action or
special proceeding shall either dismiss the action or special proceeding
or direct judgment as prayed for in the complaint or petition or in such
modified or other form as the court may determine will afford
appropriate relief.