The Montgomery advertiser., 1906-04-22

ed. the entire business of the railroad. and it's earnings from passengers and other traffic, and revise to the same as to allow fair and just return on the value of the railroad. its appurtenanc- es and equipments.
 Sec. 25.-That whenever any person or corporation operating railroad der of the Railroad Commission. 1t shall be the duty of said Commission. through its President, to certify to the attorney general the facts of such failure or refusal. together with a certified copy of the order made by said Commission in such matter, whereupon it shall be the duty of the attorney general or some attorney at law to be by him appointed, to immediately file in the circuit, chancery, city court or court of like jurisdiction, appropriate pleadings in the way of complaint. petition or bill. as may be in, accord ance with the rules of pleading and practice in such cases, or cases of sim liar nature, setting out the name and the style of the case heard before the Railroad Commission, the relief ask
 ed for. and the order of the Commis- sion granting such relief. or if such order is made by the commission on its own motion, such statement shall sim ply set out the order of the Commis- sion. the name of the railroad or rail- roads. to which such order was direc- ted. with the averment that said rail-
 road or roads, have refused or failed within the time required by such or der to comply 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 Com mission shall be prima facie evidence that the thing ordered to be done was correct, reasonable and just, a,pd the burden of showing that such order is not correct. reasonable and just. shall be upon the railroad or railroads. fail ing or refusing to comply with the or der of said Railroad Commission.
 Sec. 27. That if upon the trial of any cause of action originating under this act. it 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 tax ed 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 Railroad Commission, then the costs of said
 suit shall be paid by the railroad or l railroads against which said proceed | ings were instituted. If costs are or dered paid by the State, the same shall | be paid by the auditor upon the ap- proval of the judge of said court.
 Sec. 31. That If any railroad doing business in this State, by It's agents or employees, shall be guilty of making or demanding any charge for the trans- portation of freight in excess of any rate prescribed by the Railroad Com mission, as by this act authorized. and if after due notice of such violation given to the Prsident, Superintendent or managing officer thereof in this State, ample and full recompence for the 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 a penalty for each offense of not less than one thousand dollars,
 nor more than five thousand dollars, to
 be fixed by the court. An action for the
 recovery of such penalty shall lie in
 any circuit or city court or other courts of like Jurisdiction in any coun-
 ty in the State where such violations have occurred or wrong has been per
 petrated, and 1t shall be in the name of the State of Alabama. The Commits sioners shall institute such action through the attorney general or such other attorney at law of the State as the attorney general may appoint. Any penalty recovered shall be paid into the treasury to be credited to the com mon school fund.