The Montgomery advertiser., 1903-01-27

firm or corporation injured thereby, for the damages sustained in consequence of such violation; and in case said railroad company shall be guilty of extortion or dlscrlmlnation as by this chapter defined, then. in addition to such damages. such railroad shall pay to the person, firm or corporation injured thereby, a penalty of not less than $125 nor more than $500 10 be recovered in any court of compe- tent Jurisdiction in any County into or through which such railroad may run; provided, that such railroad may plead and prove as a defense to tha action for said penalty that such overcharge was unlntentionally and innocently made through mistake of fact; provided, that any such recovery as herein provided shall in no manner affect a recovery by the State of a penalty provided for such violations.
 A Penalty of $5,ooo.
 Sec. 30. If any railroad company doing business in this State shall hereafter vio- late any other provision of this chapter or shall do any other act herein prohib- ited. or shall 1ail or refuse to perform any other duty enjoined upon if for which a penalty has not been provided by law, or shall fail, neglect or refuse to obey any lawful requirement, order, judg- ment or decree made by the Railroad Commission of Alabama, for every such act or violation. it shall pay to the State 5000. '''''
 Sec. Sl. All of the penalties herein pro- Vided, except as provided in Section % shall be recovered and suits thereon brought in the name of the State of Ala bama in the proper court having juris- dicuon thereof in Montgomery County or in any County to or through which said railroad may run. by the Attorney General or under his direction; and the attorney bringing such suit shall receive a fee of $50 for each penalty recovered and collected by him, and 10 per cent of f0 State In all suits arising under this chapter the rules of evidence shall be the same as in ordinary civil actions. ex- Cept as otherwise herein provided. All under this chapter shall be paid into the Treasury of the State, for the benefit of the common school fund of the State
 Sec. S2. Under application of any per ti1ed copies of any classification rates, rules, regulations or orders, and such certlhed copies, or printed copies pub llshed by authority of the Commission shall be admissible in evidence in any suit and sufficient to establish the fact that any charge, rate, rule, ordet or classification therein contained, ind which may be an issue in the trial is the othcial act of the Commission sub stanual compliance with the require ments of this chapter shall be sufficient to give effect to all the classification. rates, charges, rules, regulations, re- HuiIeIheulS ana ofOerS made and eStab- lisEed by said Commission, and none of them shall be declared imperative for any omission of technical matter in the performance of such act.
 Sec. S3. It Is hereby made the duty of such railroad commission to see that the provisions of this chapter and all laws of this State, concerning railroads, are en- forced and obeyed, and that Violations thereof are promptly prosecuted. and penalties due the State therefor are re- covered and collected And said Com mission snail report all such violations with the facts in their possession to inc Attorney General. or other officer charged with the enforcement of the laws, and request him to institute the proper pro ceedings; and all suits between the state and any railroad shall have precedence in all courts over all suits pending there in
 (aD It shall be the duty of tha con,' mission to investigate all 5compIaints against railroad companies subject here to, and to enforce all laws of this state