The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-24

1 jam lt-AlfI. -Is1Sl1sa
as may be prescribed by law; and each
day continuance OF such failure or.re-s
fusai a.ter due service upon SAID COZ Eos
ration of the order or requirement, e OF
the said commission in question. shait os
AS TO APPEALS.
fd. From any action of said eoi a.ia,,s
sion prescribing charges or
of traffic, an appeal, subject to suc.. I'M
tations as to time regulations as 70 pro-
Ecedure. and provisions as to cost. as
may be prescribed by law, may be taken
by the corporation whose cnarse5 u
classiiications of tralc are s,erisve@j
by such action. or (f allowed by la#l pS
the Commonwealth II Suen apP.di ne
taken by the corporation whose charges
the Commonwealth shall be made the APP
pellee but in either OF the other TWO
cases mentioned the corporation WuoSe
charges or classification or trafiiG are AZ
fected shall be made the appellee. The
General Assembly may also. py general
laws, provide for appeals from any other
action of the said commission. by the
Commonwealth or by any person inter-
ested All appeals from the said COM
mission shall be to the Supreme Court
of Appeals only, and in all appeals 10
which the Commonwealth shall be par
ty it shall be represented in the appel
late court by the Acknowledgement or
his legally appointed representative.
(e). No action of the said commission
prescribing or affecting the charges or
classification of traffic of any trausporta-
ton or transmission company shall be
delayed or suspended in it's operation by
reason of any appeal by such corpora
ton. or of any Proceedings resulting from
such appeal. prior to the final reversal
of such order by the appellate court I'M
less d suspending bond payable TO the
Commonwealth, sufficient in amount and
security to insure the prompt refundlns
by the appealing corporation, to the par
ties entitled thereto, of all overcharEes
on the rate of charges, or classification
OF traffic appealed from. that such COM
pany may collect or receive pending said
appeal. shall first have been executed,
filed with and approved by the said COM
| mission. which shall forthwith require
the appealing company tunder penalty
of the immediate enforcement pending
the appeal of the order or requirement
appealed from to keep such accounts,
and make to the commission. from time
to time, such reports, verified by oath
as may, in the judgment of said COM
mission, suffice to show the amount being
charged OF. received by the company, pend
ing the appeal. in excess or the chdts
allowed by the action or the Goiliii.Is
sion appealed from, together with the
names and addresses of the persons ~
whom such overcharges will be reilnoa i
BILE in case such action be not reNe! L So,
and said commission shaii aiso -
der like nenaltv to renew or increase we
eaid suspending bond whenever III tlie
opinion of the commission the StniS a.A"S
be necessary to secure Tue 49, firoI
the overcharges aforesaid. Upon Tue il!iet,
decision of such appeal all money "iliCA
the appealing company may h.Lse ~,
Iected pending the appeal, III eyes VI
that authorized by such maj ueCls! .G
shall be promptly refunded to the partles
entitled thereto, in such manner as my
be prescribed by the commission or py
law All such appeals affecting Isl.eS ~
charges or cIassflcatons OF tra1hc siiitii
have precedence upon the docket or the
appellate court and shall be heard ana
disposed of promptly by the court. lE IT,
spective of its place OF SESSION.
c c.,s aireadv on the docket of the court
No NEW EVIDENCE.
%. In no case of appeal from ,lif SItI
evidence be introduced in the appellate
cc11rt hut the General Assembly shsil
provide by law for the certlncatlon ny
said commission to the appellate court
the action appealed from was based ano
which, NAV be essential for the proner
decision of the appeal therefron- me
said commission shall. whenever an Lp
neal is taken therefron. file with the
record of the case, and as part tnereot
a written statement OF the reasons upon
which the action appealed from was
based and such statement shau ava! 5
court upon disposing of the appeal and
the action of the commission appealed
from shall be regarded as prn,a facie
Just reasona bic and correct; but the
court may, when it seems necessary III
the interest of justice. remand TO the
said commission any case pending on
appeal, and require the same to be fur
Their investigated by the commission and
reported upon to the court before the
appeal is finally decided.
(g). Whenever the. court. upon appeal
shall reverse an order Of said commits
sion affecting the rates of charges or the
classification of traffic OF any tranSpor-
tation company. it shall al the same time
substitute for the reversed order the or
dor which. in its opinion. the commits
sion should have entered at the time of
entering. and in lieu thereof the order
appealed from. otherwise the reversal
order. shall not be valid. Such substi-
tuted order Shall have the same force
and effect land none otherl as if it had
been entered by the commission at the
time the original order appealed from
was entered The right of the commits
sion to prescribe and enforce rates
charges, classifcations. rules and regu-
lations affecting any and all actions of
the commission heretofore entered by II
appealed from. but based upon circun-
stances or conditions different from thosa'
existing at the time the order appealed
from was made shall not be suspended
Or impaired by reason of the tendency
of such. appeal; but no order of said
rates, classitications, rules or regulations
shall be retroactive.
CERTAIN RIGHTS.
(h). The right of any person to insti-
tute and prosecute in the ordinary courts
Of justice, any action, suit or motion
against any transportation or transmits
sion company. for any claim or cause
of action against such company, shall
not be extinguished or impaired by rea-
son Of any fine or other penalty which
the said commission may infiict or be
authorized to infiict upon such company
because OF its breach Of any public duty;
but in no such proceeding by any person
against such corporation shall the rea-
sonableness, justice or legality Of any
charge. classification of traffic. rule or
regulation or requirement heretofore
prescribed by. said commission, within
the scope of it's authority. be questioned
%. The said commission shall annual
ly make reports to the Governor, of its
proceedings, in which reports it shall
recommend from time to time such new
or additional legislation in reference to
its own powers or duties as to the crea-
ton, supervision, regulation or control of
corporations. or the subject of taxation
as the commission may deem wise or eN-
pedient, or which may be required by