“ They argue that the statute requiring application to the commission before removal of the shops was a valid exercise of the police power; that this court reversed the interlocutory decree because the railway company had omitted to make such application before seeking relief in the federal court; that the removal of the shops, although under the protection of the interlocutory injunction, was an abuse of the process of the court; that this action constituted a contempt of the commission ”

“ The petition for appeal from the interlocutory decree prayed 'that the proper order touching security be made without superseding the decree.' The appeal was allowed upon the filing of the usual bond for costs. The District Court, three judges sitting, had offered to the appellants the opportunity of suspending the interlocutory decree by giving a supersedeas bond. The offer was declined. Then the decree was made effective upon the railway's filing a bond in the sum of $50,000. ”

“ The appellants refused to assume the risk attendant upon suspending the decree by means of a supersedeas bond. The appeal did not operate as a supersedeas. Hovey v. McDonald, 109 U.S. 150, 161, 3 S.C.t. 136, 27 L. Ed. 888; Leonard v. Ozark Land Co., 115 U.S. 465, 6 S.C.t. 127, 29 L. Ed. 445. Compare Virginian R. Co. v. ”