Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1902-07-16
The
Constitutional
Convention.

(e) Upon the granting of an appeal
from any action of said commission,
q writ of supersedegs may be awarded
bv the appellate court suspending the
operation of the action appealed from.
I'LL the final disposition of the appeal.
but no action of the said commission
prescribing or affecting the rates,
charges, or classification of traffic, of
any transportation or transmission
conpany,shall be delayed or suspend
ed in its operation by reason of any
appeal by snch corporation, or of any
proceedings resulting from such APP
peal. prior To the final reversal, bv the
appellate court, Of such action uuless
aud until suspending bond, payable
to the Commonwealth, sufficient in
amount and security to ensure the
prompt refundiug 10y the appealing
corporation, to the parties entitled
thereto, of all Overchaages on che
rates, charges Of classification of traf.
tic, appealed from, ,thatIsuch company
may collect or receive pending said
appeal. Gn excess of that fixed, or
authorized, by the final decision uf
the court on appeal, shall first have
been executed, filed with, and ap
proved by the said commissions or ap
proved on review 10y the Supreme
Court of Appeals, which commission
shall forthwith require the appealing
company, (under penalty of the i'm
mediate enforcement, pending the ap
peal, of the order of requirement APP
Pealed FROM to keep such accounts.
and make TO the commission, from
time to time, such reports, verified 5y
oath, as may, In the judgment Of said
commission, suffice TO show the
amounts being charged or received by
the company, pending the appeal, in
excsss of the charge allowed by the
action of the commission appealed
from, together with the names and
addresses of the persons TO whom such
Overcharges will be refundabe in case
such charges made by the company
pending the appeal be not sustained
on such appeal; and said commission
shall also, from time TO time, require
such company, under like penalty, to
give additional security ON, or increase
the said suspending bond, whenever,
In the opinion of the commission. the
same may be necessary to insure the
prompt refunGing of the overcharges
aforesaid. Upon the final decision of
such appeal, all amounts which the
appealing company may have collect
ell, pending the appeal, IN excess of
that authorized by such final decision.
shall be promptly refunded to the
parties thereto, IN such manner as
may be prescribed by the commission,
or by law. All such appeals afft ct
ing rates, charges or classifcations of
traffic shall have precedence upon the
docket of appellate court, and shall
be heard and disposed of promptly
by the court, irrespective of its place
of session, next after the h0be0N c0i'-
pHS, and Commonwealth, cases al.
ready on the docket of the court.
(JC In no case of appeal from the
said com mission shall any new or ad-
ditiOnal evidence be introduced in
the appellate court, but the Gener.
al Assembly shall provide by law for
the certification by said commission
to the appellate court, of all the facts
upon which the action appealed from
was based, and which may be essential
for the proper decision of the appea
therefrom, together with such OF
the evidence introduced before or con
sidered by the commission as may be
selected, specified, and required to bt
certified by any as the commission
may deem proper to certify; but unit
provision shall be otherwise mad,
therefor by law, said facts and evi
dence shall be certified to the appel
late court by the chairman of tn,
commission under the seal of the com
mission. The said commission shall
whenever an appeal is taken there
from, file with the record of the case
and as q part thereof, "a written state
ment of the reasons upon which tb,
action appealed from was based, ant
such statement shall always be rea,
and considered by the appellate cour
+ upon disposing of the appeal On al
appeals taken from the said commits
sion, the appellate court shall hav
jurisdictionto consider and determiu,
the reasonableness and justness of tn
8 action of the commission appealed
from, as well as any other matter aris