The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14

i
adJudged by such Commissioners to be
reasonable, expedient and proper. or not.
out When such person or corporation has
ADOPTED the recommendation or advice OF
the commissioners. in a matter IN which
they had authority to recommend or aa-
wise, proof of such fact shall be received
IN any suit or other legal proceeding in
any court or before any officer, as prima
Iacie evidence that the thing done, or
omitted TO be done, upon such reeommen-
aatlon or advice was right and proper
Sec. "a That for the enforcement of all
orders made by the railroad commission
OF Alabama In the exercise of its lawful
powers other than those enumerated In
Sections S451. 3452. and s45s of the Code
OF Alabama that the railroad eommis-
sion. through the president, be author
lied and Is hereby made the duty of said
railroad commission, to Institute suit.
either by mandamus or by Injunction.
mandatory or preventive, in the circuit.
city or chancery court or court Of like
jurisdiction, In the county in which the
controversy or matter In dispute shall
arise or be situated, and that service
thereof be perfected as In other suits.
sec. 70 That whenever any person or
! corporation operating a railroad fails or
refuses to comply with any order of the
railroad commission, It shall be the duty
dent, TO certify to the attorney general
the facts OF such failure or refusal, to-
gether with a certified copy Of the order
made by said commission In such mat
ter, whereupon 1t shall be the duty OF
the attorney general or some attorney at
law to be by him appointed to lmmedi-
ately file In the circuit. chancery. city
court. or court of like Jurisdiction, appro-
pirate pleadings In the way Of a COM
.Iats4 NH1f
cordanoe with the rules of pleading and
practice In such cases, or cases OF SINH
lar nature setting out thu name and the
style of the case heard before the rail-
road commission, the relief asked for
and the order Of the commission grant
Ing such relief. or II such order is made
| by the commission on Its own notion
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 ralrD Is have refused or
failed, within the Lime 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 prlma 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 "a That II upon the trial Of any
cause of action originating under this
act, II 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 tho 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-
stltuted. If costs are ordered paid by the
State, the same shall be paid by the au-
dltor upon the approval OF the judge of
said court.
Sec. 49, That II upon final hearing of
any cause of action originating under
this act, the court should direct the en-
forcement OF the order of the railroad
commission. It shall so adjudge and de-
cree; and In that event It shall be the
duty of the railroad or railroads involved
in said cause OF action TO refund 10 any
| person all overcharges paid by said per-
| son, between tina time of making the or
der of the railroad commission and the
final judgment Of the court sustaining
the order of said kailroad commission.
and upon the failursSof said railroad or
railroads TO refund ouch over-charge.
such railroad or railroads shall be guilty
Of extortlon and liable to the penalties
prescribed by Sections 800 and $3.50 of the
Code Of Alabama.
Sec 90 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
barna- Said railroad commission may
take such appeal without fling any bond
But said railroad or railroads shall, be-
fore taking such appeal, be required to
enter into bond with good and sufficient
security in such sum as may be required
by the fudge 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 the enforcement or 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 made
special order and have priority over all
cases, except criminal cases, which may
be pending before said courts.
Sec. 81. That If any railroad doing bust-
ness In this State. by Its agent or en-
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 II after due po-.
tice of such violation. given 10 the presl-
dent, superintendent or managing officer
thereof in this State, ample and full re-
compense for tho wrong or injury done
thereby TO any person or corporation, as
may be directed by the commission. shall
not be made within thirty days from the
time of such notice. such company shall
Incur penalty for each offense of not
less than one thousand dollars nor more
than FIVE thousand dollars to be hxe0
by the court. An action for the recovery
Of such penalty shall lie In any circuit
or city court or other courts OF like juris-
dlction In any county In the State where
such violations has occurred or wrong
has been perpetrated, and 1t shall be in
the name of the State of Alabama. The
commissioners shall institute such action
through the attorney general or such 9TH
er attorney at law Of the State as the at
torney general may appoint. Any penalty
recovered shall be paid into the treasury
to be credited TO the common school fund
Sec. 81. The remedies hereby given and
elsewhere prescribed by law for the en-
forcement OF the orders of the railroad
commission shall be regarded as cumula-
tive; but nothing In this act contained