The Montgomery advertiser., 1903-03-14

ton owning or operating any railroad in this State. CT the legal liability of such person or corporation for the consequences or Ns neglect or mismanagement whether aoJuogeo by such commissioners to be reasonable. expedient ana proper, or not. but when such person or corporation has adopted the recommendation or advice of the commissioners, in . matter In which they had authority to reoonmend or ad- wise, proof of such fact shall be received In any suit or other legal proceeding Ei any court or before any officer, as prima faoie evidence that the thing done. or omitted to be done. upon such recommen- dation or advice. was right and proper
 Sec. A. That for the enforcement of all orders made by the raiiroad commission Of Alabama In the exercise of it's lawful powers. other than those enumerated in Sections 3451 3452, and 34Ss of the Code of Alabama; that the railroad con:n,s. sion. through the president, be author lzcd and is hereby made the duty Of said railroad commission, to institute suit. either by mandamus or by injunction, mandatory or preventive, !n the circuit, city or chancery court, or court of Nike jurisdiction, in the county in which the controversy or matter In dispute shalt arise or be situated, and that service thereof be perfected as in other suits.
 Sec. 2. That whenever any person or corporation operating 6 railroad fails or refuses 10 comply with any order of the raairoad commission, 1t shall be the duty or said commission. through It's presi- dent, to certify to the attorney general the facts of such failure or refusal, to- gether with certified copy of the order made by said commission in such mat ter. whereupon 1t shall be the duty of nrrA law to be by him appointed to immedi- ately file in the circuit. chancery, city court, or court of like jurisdiction. appro- priate pleadings in the way of com plaint. petition or bill. as may be in &C., cordance with the rules of pleading and pracuoe In such cases, or cases of sini- lar nature, setting out the name and tho style of the case heard before the rail- road commission, the relief asked for, and the order of the commission grant ing such rehef. or if such order is made by the commission on its own motion, such statement shall simply set out the order of the commission. the name of the railroad or railroads. to which such order was directed. with the averment that said railroad or railroads have refused or failed. within the time required by such order to simply herewith, and conclude with the prayer that such railroad or railroads. be compelled, by mandamus or injunction. to carry out said order of the railroad commission.
 Sec. 26. That upon the trial of said cause the order of the railroad commits sion shall be prima facie evidence that the thing ordered to be done was correct, reasonable and just, and the burden of showing that such order is not correct. reasonable and just. shall be upon the railroad, or railroads. failing or refusing to comply with the order of said railroad commission.
 Sec. 2. That if upon the trial of any cause of action originating under this act, 1t should be determined by the court that the order of the railroad commission was not correct, reasonable or just. and should not be performed the cost of said suit. may. in the discretion of the court, be taxed against the State. or the rail- road or railroads involved in said suit. If upon the hearing of said cause, the court should find in favor of said railroad commission, then the costs of said suit shall be paid by the railroad or railroads against which said proceedings were in- stituted. If costs are ordered paid by the State, the same shall be paid by the au- ditor upon the approval of the judge of said court.
 Sec. 2s. That If upon final hearing of
 
 this act, the court should direct the en- forcement of the order of the railroad commission, 1t shall so adjudge and de- cree; and In that event 1t shall be the duty of the railroad or railroads involved in said cause of action to refund to any person all overcharges paid by said per- son, between the time of making the or- der of the railroad commission and the final judgment of the court sustaining the order of said railroad commission, and upon the failure of said railroad or railroads to refund such over-charge. such railroad or railroads shall be guilty of extorticn and liable to the penalties prescribed by Sections 3460 and 5550 of ths Code of Alabama.
 Sec. 29. That upon the final hearing of said cause, either party may appeal within thirty days from the judgment of said court to the Supreme Court of Ala bama. Said railroad commission may take such appeal without filing any bond. But said railroad or railroads shall. be- fore taking such appeal, be required to enter into bond with good and sufficient -ecurity in such sum as may be required by the judge of the court trying such case, and which in the judgment of said judge may be sufficient to pay the costs of said suit and all damages growing out of said suit to any person by reason of the delay of tho enforcement of the order of said railroad commission. and said bond to be approved by said judge of said court.
 Sec. 30. Such cause. in the court where commenced and when appealed to the Supreme Court of Alabama. shall be mada a special order and have priority over all cases. except criminal cases, which may be pending before said courts.
 Sec. a. That if any railroad doing busi- ness in this State, by Its agent or em- ployes shall be guilty of making or de- manding any charge for the transporta- ton of freight in excess of any rate pre- scribed by the railroad commission, as by this act authorized, and if after due mo- tice of such violation. given to the presi- dent, superintendent or managing otncer thereof in this State, ample and full re- compense for the wrong or injury done therehv to any person or corporation. as may he directed by the commission, shall not be made within thirty days from the time of such notice, such company Shall incur a penalty for each onense or not less than one thousand dollars. nor more than Ave thousand dollars to be fixed bv the court An action for the recovery of such penalty shall lie in any circuit or oity court or other courts of like juris- dictIon in any county in the State where s,,.b violations has occurred or wrong has bean perpetrated, and it shall be in tha name of the State of Alabama. The o,r, r,Issioners shall institute such action tbrouxh the attorney general or such oth- - attornav at law of the StAte as the at