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

the commission 10y any barty IN inter
est, before the appeal is finally de-
cided.
go When the court, upon appeal,
shall reverse an order of said commits
sion affecting the rates, charges,or the
classification of traffic of any trans
portation or Transmission company,it
shall, at the same time, substitute for
the reversed order. the order which.in
its opinion, the commission should
have entered at the time of entering,
and In lieu of, the order appealed
from, otherwise the reversal order
shall not be valid. Such substituted
order shall have the same force aud
effect (and none other as if It had
been entered 10y the commission
At the time the original order
appealed from was entered. The
right of the commission TO prescribe
and enforce rates. charges. clasilicn-
tlOus, rules aud regulations affecting
any or all actions of the commission
heretofore entered by it aud appeal
ed from, but based upon circumstance
es or conditions different from those
existing at the time the order appeal
ed from was made, snail not be sus
pended or impaired by reason of the
pendency of such appral;but no order
of said commission prescribing of al
terlns such rates, charges. classjiica.
tions, r"les of regulations shall hr
retroactive.
~ The right Of ANY person to IN
stitute and prosecute in thrordinary
courts of justice, any action. suit ar
motion against any transportation or
transmission COMPANY. for and ciaim
or cause Of action against such com
pauy, shall not be eNtiuguishcd or nm
paired, by reason OF any fine or other
penalty whice the Sald commission
may lnllici OF be authorized 10 ihllict,
upon such company because of its
breach of any public duty,or its fail
ure to comply with any order or re-
qulrement of said commission: but. IN
no such proceeding by any person
against such corporation, nor in any
collateral proceeding, shall the rea-
sonableness. .justnesS or validity fany
rate, charge, classification of traffic.
rule, regulatIon,or requirement there
tofOre prescribed by said commission,
within the scope of its authority, and
then In force, be questioned: provid
ed, however, that no case based upon
or involving any action Of said com
mission shall he heard Of disposed of,
against the objections of either party.
so long as such action of the commits
sion is suspended in its operation by
an order of the Supreme Court of
Appeals as authorized 10y this Consti-
tuition or by any law passed in pur-
suance thereof.
C0 The said commission shall AN
nnally 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,
or to the creation, supervision, regu-
lation or control of corporations,o or tc
the subject of taxation, AS the com
mission may deem wise or expedient
or which may be required by law.
(k1 The Board of Public Work.
and the office of Raihoad Commits.
sioner, rs they now exist. are hereby
abolished; and all books. papers ana
documents pertaining thereto, shall bt
forthwith transferred to, land hereafter
become part OF, the records of tn,
office of the said State corporation
commission.
l. After the first day of January
1905. in addition to the modes ot
amendment provided for in Articl,
---of this Constitution, the Gen
eral Assembly,upon the recommenda
tions of the said commission, NAV
from time to time, by law. amend
sub-sections 4, b, e, Il, r, I, q. an
! of this section, or any of them, o.
any such amendment thereof: provid
ed, that no amendment made unde
authority of this sub-sections las
above named.
Sec 5. Provision shall be made b,
general laws for the payment of fe,
to the Commonwealth by every de
mestic corporation, upon the granting
amendments,o extention of its charr
er, and by every foreign corporation
upon obtaining a license to do bust
ness in this State, rs specified in thi
section; and also for the payment, b,
. every corporation hereafter doin;
husinaSs m this Stofa of IN .,n,,,