Omaha daily bee., 1907-02-01
herein provided for other schedules {
rates fixed by said commission.
Appeals to BE Expedite.


Appeals to BE Expedited.
Sec. I. Appeal from decision of commits
sioners.
If any railway company, common car
rier or any person or persons affected there
by, shall be dissatisfied with the decision
of said railway commission, affirming, re-
vising, annulling or modifying any rate or
rates complained of in said original sched-
ule, or any subsequent schedule which may
be the subject of investigation or with the
decision OF said commission with reference
to any rate classification, rule, charge,
order, act or regulation made or adopted
by them, upon which there has been a
hearing before said commission, except as
otherwise expressly provided for herein,
such dissatisfied railway company common
carrier. person or persons. may file a pc
tition, setting forth the particular cause or
causes of objection to such decision, act
rate. rule, charge, classification or order
or to either or all of them. in any district
court in this state, against said commits
sion as defendant.
Said action shall have precedence over
all other causes on the docket OF a differ
ent nature criminal cases excepted. and
shall be tried and determined as other civil
causes in said court Either party in said
action may appeal to the supreme court
of this state, and said appeal shall be at
once returnable to said court and said
action so appealed shall have precedence in
said court OF all causes of a different char
acter pending therein; provided, that II the
district court be in session at the time
such right of action accrues. the suit may
be filed during the term and stand ready
for trial after ten days notice.
(al Tn all trials undar fha fOracoiuO
ticle. the burden OF proof shall rest upon
the plaintiff, who must show by clear and
satisfactory evidence that the rates. regu-
lations orders, classihcations acts or
charges complained of are unreasonable
and unjust to 1t or them, and the record
OF the decision upon said hearing before
said commission. shall, when properly
authenticated by said commission, be re-
ceived in evidence in the trial OF said
cause, that said rate OF rates affirmed, re-
vised or modified or that any said rate.
classification. rule charge. order, act or
regulation. is prima facie just and rea-
sonable
Posting of Schedules.
Sec. 7. Printing and posting schedules
OF rates.
Every railway company or common car
rier subject to the provision OF this act
schedules showing the rates, fares and
charges for the transportation of passen-
gers ana freight which have been fixed and
established as herein provided. and which
are in force at the time upon its railroad
or railroads. Said schedules shall plainly
state the places upon its roads between
which property and passengers will be
carried, and shall contain the classi-
ication Of freight in force upon such
classification of freight in force upon such
road, stating separately any terminal
charges, and any rules and regulations
which In anywise change, AFFECT OF de-
termine any of the aggregate of such rates,
fares and charges Said schedules shall
be plainly printed In large type, of at least
the size OF ordinary plea, and a copy for
the use OF the public shall be kept in every
freight once and passenger station on such
road, where 1t can be conveniently In
spected, and said railway company or COM
mon carrier shall keep a printed notice
posted in every such freight offce and pas
senger station indicating where therein the
same can be found. Said schedules have
printed at the top thereof in black faced
type the words Schedule A." Schedule
b, and so on. and shall also have printed
thereon Immediately following said words
the date when such schedule or schedules
went into effect, and when said commission
have revised. annulled or modified any rate
or rates IN said schedules so designated,
said railway company or common carrier
shall prepare another schedule showing
the rate or rates. so annulled. revised or
modified and the classification thereof
which shall be designated by printed words
at the top thereof as Supplemental sched-
uIe A" and 80 on. and when the rate or