The Birmingham age-herald., 1907-12-20
Frank N. Julian,
 Secretary of State.

No. 29) AN ACT (H. 69. To provide for and authorize appeals
 from any action or order of the Rail-
 road Commission of Alabama affecting
 or relating to, or reducing increasing
 or refusing to increase, any rate, fares
 or charges by common carriers for the
 transportation of property, freight or
 passengers, specifically prescribed by
 statute, or made the maximum rates
 by statute, or established by said Rail-
 road Commission
 Section l. Be 1t enacted by the Legis- lature of Alabama, That from any final action or order of the Railroad Commis- sion to which any common carrier or railroad corporation is a party, affect ing or relating to, or reducing or increas- ing or refusing to increase, any rates, fares or charges for the transportation of freight, property or passengers which have been, or which may hereafter be, specifically prescribed by statute, or any such prevailing rates, fares or charges, which have been, or which may here after be, by statute made maximum rates, fares or charges, or any rates, fares or charges which have been or which may hereafter be fixed by the railroad commission, or affecting or re- lating to any schedule, or part or parts .of any schedule, of such rates fares or charges, an appeal may be taken to the chancery court, or other court having chancery jurisdiction of Montgomery county, Alabama, by the common car rier or railroad corporation whose rates, fares or charges are affected. or by the state of Alabama Such appeal shall be taken within thirty days from the date of said action or order, and shall be granted as a matter of right and be deemed perfected by the filing with the railroad commission of security for the costs of said appeal, when the appellant is d common carrier or railroad corpora ton, and by the filing of a notice of appeal when the appellant is the state of Alabama. Within sixty days after the perfecting of the appeal as aforesaid the Railroad Commission, through its pres ident or any member thereof, shall certify to the appellate court under the seal of the commission a complete record or tran script of all the proceedings had before it including all orders and pleadings, to- gether with transcript of all the oral testimony and the original, or transcript of, all documentary evidence taken in the proceeding in which the order ap- pealed from was made. Vixen the ap- peal is taken by the State of Alabama from an order increasing any rates the common carrier or rahoad corporation whose rates are affected shall be the ap- pellee, and when the appeal is taken by the common carrier or railroad corpora ton the Railroad Commission shall be the appellee. The trial of said appeal in the appellate court shall be denovo, but the transcript of the testimony and doc umentary evidence taken before the com mission shall be admissible in evidence at the instance of either party, and either party shall have the right to introduce any additional legal evidence; provided, however, that the action or order appealed from shall be prima face presumed by the court to be just reasonable and cor rect and the burden shall be on the party appealing to prove the contrary by clear court shall have no power to modify said action or order appealed from but shall either affirm or reverse the same. In the trial of said cause either party may in troduce evidence tending to show the validity, fairness or reasonabeness, or the contrary, of the rates fares or charges sought to be established.