The Birmingham age-herald., 1903-10-14
J. THOS. HEFLIN,
 Secretary of State.

 To amend Sections 1 and Il of an act en-
 titled 'an act to amend Chapter 96 of of the Code of Alabama of 1896" Ap- proved 18th day of February 1905
 Section 1. Be It enacted by the Legls- lature of Alabama, That Section of an act entitled "an act to amend Chapter 96 of the Code of Alabama of 1Ss6' approved 2Sth day of February, 1903, be and Is hereby amended so as to read as follows; Section 1. A Commission to be known as a Railroad Commission of Alabama, con sisting of a president and two associates who shall be competent persons and qualified electors of this State is estab- lished; their terms of office shall be for four years; at the election to be held in the State on the first Tuesday after the first Monday In November, 19Oi and every four years thereafter. a president of said Commission shall be elected by the qualified electors of this State, and at the election to be held in the State on the first Tuesday after the first Monday In Novem- Der 1906, and every four years thereafter two associates who. with the president, shall constitute said commission, shall be elected by the qualified electors of this State. The result of said election shall be ascertained and declared by the same authority and in the same manner as are the results of election for Chief Justice and Associate Justices of the Supreme Court; the persons elected toal said of- fees shall enter upon the discharge of their respective duties on the first Mon day in March after their election, and shall continue in office until their success sors are elected and qualified. Until such positions are filled by election as above provided. they shall continue to be filled as now provided by law. If any vacan- cy should occur in either of said offices, caused by death resignation or other wise, the same shall be filled by appoint ment by the Governor, the appointee holding for the balance of the unexplred term. Provided. that no two of said Railroad Commissioners shall be elected or appointed from the same Congressional district. Provided, further. that the pres ent associate members of the Railroad Commission shall hold office until their successors are elected and qualified in November. 1906.
 Sec. 2. Be 1t further enacted That Sec ton il of said act be and Is hereby amanded so as to read as follows: Sec tion Il. The Railroad Commission must hear and determine all complaints made to them in writing by any person, firm or corporation or association of persons against any tariff of rates or against any particular rate or rates charged by any railroad for the transportation of freight between points in this State, and upon such complaint being made, the Commission shall forthwith fix the time and place for hearing such complaint, and shall furnish the person or corporation operating the railroad. against whose rate or rates complaint Is made with copy of such complaint and with notice of the time and place whore such complaint will be heard: and at s--h time and pace, said Railroad Commission shall proceed to hear and determine the complaint under such rules of procedure and other rules as they may adopt giving the parties in- terested in such complaint full hearing in person or by attorney and they shall examine such witnesses and other evil dence as the parties shall offer Upon the hearing of the matter. said Railroad Commission shall determine whether the rate or rates complained of are reasona- ble. If they determine such rate or rates are reasonable they shall so decare but 1T they determine such rate or rates are unreasonable, then they shall fix and de- termine what are reasonable rate or rates In the case or cases complained of and shall enter an order liking and establish ing the rate or rates to be thereafter charged in the case or cases complained of The said Commission shall adjudge the costs of such proceedings against the unsuccessful party. The items of cost to be taxed in such cases shall correspond in cases in the Circuit Courts of this State"
 Approved October 1. 1903
 tOhieial) J. THOS HEFLIN.
 Secretary of State.