The Montgomery advertiser., 1907-03-11

Dy the state III tnS same hidhhoh eS other expenses are audited and paid, upon the presentation of proper vouch- CTS, sworn to by such witness. and ap- proved by the president of the Com mission, provided, that no witness subpoenaed at the instance of parties other than Commissioners, shall be entitled to compensation from the State for attendance, or travel. un- less the Commission shall certify that his testimony was material to the mat ter investigated, and provided further that witnesses summoned on behalf of tke transportation company shall be paid by said company.
 Sec. 2S. The Commission may, in any investigation. cause the deposition of witnesses residing within or with out the State to be taken in the man ner prescribed by law for dispositions in civil actions in Circuit Courts. said deposition to be taken on a commits sion to be issued by the clerk of the Railroad Commission made returnable to the Railroad Commission of Ala bama.
 Sec. 2s A full and complete record of all proceedings before the Commis- sion on any investigation had and all testimony shall be taken down by the stenographer appointed by the Com mission. Whenever any complaint Is served upon the Commission under pro- visions of Section 3s of this Act. the Commission shall, before the said action is reached for trial, cause a certified transcript of all proceedings had and testimony taken upon such in- vestigation, if any previous investiga- tion has been had and testimony taken upon the subject or any of the matters complained of and plaintiff was party to such investigation, to be filed with the Clerk of the Court where the &C., Is DQndtnU A franGcrthed CnnV. Of the testimony and proceedings or any specific part thereof, on any such in- vestigation taken by the stenographer appointed by the Commission, being certified by such stenographer to be true and correct transcript in long hand of all the testimony on the in- vestigation, or of any particular wit ness, or of any specific part thereof. carefully compared by him with his original notes, and to be correct statement of the evidence and proceed inRs had on such an investigation so purporting to be taken and transcribed, shall be received in evidence when of fered by either party. A copy of such transcript shall be furnished on de- mand, free of cost, to any party to such investigation. In the trial of said cause, either party may offer any additional evidence 1t may, see fit.
 Sec. 30. Whenever upon an investi- gation made under the provisions of this Act, the Commission shall find any existing rate or rates or any regula- tion, or practice whatsoever, affecting the transportation of persons or prop erty, or any service in connection there with unreasonable or unjustly discrim- inatory, or any service inadequate, 1t shall so determine and by order fix a reasonable rate, fare, charge, clas- sifcation or joint rate to be imposed, observed and followed fin the future in lieu of that found to be unreasonable, or unjustiy discriminatory, or made Quate as the case may be, and 1t shall cause a certified copy of such order to be delivered to any officer. superintend- ent or station agent of the transporta- tion company affected thereby, which order shall, of It's own force, take ef- feet and become operative twenty days after the service thereof. All trans portation companies to which the order applies shall make such changes In their schedule on fife as may be neces- sary to make the same conform to said order, where such order relates to rates, fares, charges or classification, and no charge shall thereafter be made by any transportation company in such rates, fares or charges or classification, or joint rate or rates. or in the service or practice so ordered without the ap- proval of the Commission. Certified copies of all other orders of the Com mission shall in like manner be deliv- cred to the transportation company af- fected thereby, and the same shall take effect within such time thereafter as the Commission shall prescribe.
 Sec. 31. The Commission may, at any time, upon notice to the trans portation company, and after an oppor- tunity to be heard as provided In Sec tion 23 of this Act, rescind, alter or amend any order made by the Com mission fixing any rate or rates, fares, order made by the Commission, and certified copies of the same shall be served and take effect as herein pro Vided for original orders.
 Sec. 32. Whenever the rate or charge ordered substituted by the Commission shall be a joint rate, or charge and the transportation company or com panies affected thereby shall fail to agree upon the apportionment there of, within twenty days after the ser vice of such order. the Commission may, after a hearing, issue a supple mental order declaring the apportion- ment of such joint rate or charge and the same shall take effect of it's own force as part of the original order
 Sec. 3S. WheneEer any transporta- tion company shall refuse or neglect to establish a joint rate or rates for the transportation of persons or prop erty, the Commission may, upon notice to such transportation company or companies, and after an opportunity to ! be heard, as provided in Section 23 of this Act, fix and establish such joint l rate or rates, and If the transporta- tion companies, parties thereto. shall | fail to agree upon the apportionment thereof within twenty days after the service of such orders, the Commis- sion may, upon like hearing, issue a | supplemental order, declaring the ap- portionment of such joint rate of rates and the same shall take effect of it's own force as part of the original or der.
 Sec 34. In cases relating to the fix ing. regulating or prescribing of joint
 rates of two or more transportation companies, such transportation com panies may be joined in one proceeding before the Commission.
 Sec. S5. All rates, fares charges, classiflcations and joint rates and or ders establishing rules, regulations. practice or services, fixed by the Com mission, shall be in force and shall be prima facie reasonable until finally found otherwise in an action brought for that purpose pursuant to the pro visions of Seotcion 36 of thls Act, or
 until changed by the Commission. 1 Sec. 36. Any transportation company | or companies, corporation or individual
 owning or operating as a common car l rier any railroad in whole or in part in 1 this State. desiring to contest the va | ltdity or fairness or reasonableness of ! any rate or rates, or of any order of the | Commission fixing or relating to any rate or rates of compensation for the