The Montgomery advertiser., 1903-02-28

| by the Commission on it's own motion
 such statement shall simply set out the oroer or the Commission, the name ot
 the railroad or railroads, to which such
 order was directed, with the avermenI
 that said railroad or railroads have re- | Iused or failed, within the time required
 by such order to comply herewith and
 conclude with the prayer that such rail
 damus or injunction, to carry out said
 order of the Railroad Commission.
 Action in the Courts.
 "Sec. 2G. That upon the trial of said
 cause the order of the Railroad Com
 mission shall be .prima facie evi-
 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 rail- the order of said Railroad Commission.
 Sec. N. 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 Commis- sion 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 railroad or railroads involved in said suit If upon the hearing of said cause, the court should find in favor of said Rail- road Commission. then the costs of said suit shall be paid by the railroad or rail roads against which said proceedings were instituted. If costs are ordered paid by the State, the same shall be paid hy the auditor upon the approval of the judge of said court.
 Sec. 8. That If upon final hearing of any cause of action originating under this act, the court shall direct the en- forcement of the order of the Railroad Commission, 1t 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 to any person all overCharges paid by said ner- son, between the time of making the or der of the Railroad Commission and the hnal Judgment of the court sustaining the order of said Railroad Commission and upon the failure of said railroad or rail- roads to refund such over-charRe. such railroad or railroads shall be guilty of extortion and liable to the penalties bp sections 3469 and 555O of the Code of Alabama.
 Appeal to Supreme Court.
 Sec. Zs.-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 an 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 security in such sum as may be required by the Judge of the court trying such CaSe' anu when III the Judgment of said Judge may be sufficient to pay the costs of said suit and all damages growing out or said suit to any person by reason of the delay of the enforcement of the order ] of said Railroad Commission, and said | bond to be approved by said Judge Of 5etd court.
 Sec. 30. Such cause, in the court l where commenced and when appealed to | he Supreme Court of Alabama, shall be | made q special order and have priority | over all cases. except criminal cases, | which may be pending before said courts. |
 Sec 3l. That If any railroad doing business In this State, by its agent or em- | 'loyes shall be guilty of making or de- lon of freight in excess of any rate pre- 'cr4Ded by the Railroad Commission as ly this act authorized, and If after due notice Of such violation, given to the president, superintendent or managing officer thereof in this State, ample and ull recompense for the wrong or injury lone thereby to any person, or cOrpora- -ioh' as may be directed by the Commits sion, shall not be made within thirty lays from the time of such notice, such company shall incur a penalty for each iolIars, nor more than five thousand dol dfs, to be hNed by 'he court. An action l or the recovery of such penalty shall lie II any Clrcuit or City Court ar other curt or Ike Jurisdiction in any county II th5 state where such violations has occurred or WreRg has been perpetrated. -nn u small be in the name of the State II AIaoaHa, The commissioners shall ln- ,a ta.uts such acton through the Attorney 's .S 4saH sE slch other atteFnsy at lay II 'ii9 staes as ths Attorney asaeFai ERay