The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-11

with two sureties in such sum as tho
Railroad Commission shall fix, payable
to the State of Alabama, and conditioned
TO pay all such damages as any person,
firm, company or corporation may sus-
tain by reason of the suspension of said
rates, or orders in the event said judg-
ment or decree of the lower court shall
be reversed In whole or in part or said
rates or orders, or any of them, shall be
sustained by the Supreme Court from the
time said bond is given said rates or Or
ders complained of and annulled shall
be suspended Any person, firm. COM
pany or corporation who shall sustain
any loss, injury or damage by reason of
the suspension of said rates or orders or
any of them as aforesaid may sue
said bond, in the name of the State of
Alabama, for his use and recover such
damages as he may have so sustained
including any overcharge or excess rate
or charge paid by him on account of the
suspension of said rate charge or order.
A copy of said bond duly certified by the
Chief Clerk Secretary or any men,
Der of said Railroad Commission under
tine seal of said Commission shall be re-
ceived in evidence without further proof.
If in any proceeding to contest the valid
ity, fairness or reasonableness of any
rate or rates for the transportation of
Railroad Commission or any such rates
established by statute, or any such rates
which have been by statute made the
maximum rates, or any order relating to
such rates, or any order or orders estab-
fishing any rule, regulation, practice,
service or act to be observed or per-
formed by transportation companies sub
ject to the provisions of this Act, the
trial court shall decide that said rate or
safa al Of Of
them are valid. or fair and reasonable
and render a Judgment in favor of the
Railroad Commission and against the
plaintiff or petitioner, and If the plaintiff
or petitioner shall appeal from said judg
ment it may after said appeal have said
rate or rates or order or orders
complained of or any of them sus-
pended pending said appeal by
filing bond with two good and
sufficient sureties, with the Railroad
Commission which bond If the appeal be
from judgment sustaining any rate or
rates, for the transportation of freight
shall be in the same amount and with
like conditions, and payable as the bond
provided for In this Section, for the sus-
pension of such rates upon an appeal by
the Railroad Commission from a judg-
ment annulllng such rates. except that
said bond shall be payable in the event
the judgment of the trial court shall be
affirmed in whole or in part, in the
event said appeal shall not be prosecuted
to effect. And the failure to flo the
statements any of them, or to give the
additional bonds or any of them provided
for in such cases in this section. then and
required therein shall go Instant
vive. said rate rates and the same
shall again be in force and observed and
all the penalties in this Act, or by any
statute prescribed for a failure to put in
force and observe said rates shall at
tach. And IL the appeal be from a judg-
ment sustaining any rate or rates for the
transportation of passengers, or any or
der or orders establishing any rule regu-
lation. practice. service or act to be OBJ
served or performed by the plaintiff
transportation company. said bond shall
be In such sum as the Railroad Commits
sion may fix and with like conditions and
payable as the respective bonds provided
for In this section, for the suspension of
such rates or orders upon an appeal by
the Railroad Commission from Judgment
annullng such rates on orders, except
that they shall be payable In the event
the judgment of the trial court shall be
affirmed. in whole or In part. or said APP
peal shall not be prosecuted to effect.
From the time said bond shall be given
aforesaid the rate or rates or order or
orders complained of and sustained shall
or corporation, who shall sustain any
loss, injury or damage, by reason of the
suspension of said rates or orders or any
of them, as aforesaid may sue on said
bond in the name of the State of Ala
bama, for his use and recover such dam
ages as he may have so sustained, in
Guiding any overcharge or excess rate or
charge paid by him, on account of the
suspension of said rates, charges or or
ders. A copy of said bond duly certified
by the Secretary or chief clerk or any
member of said Railroad Commission
under the seal of said Commission
shall be received in evidence without
further proof. Provided, however. that
If any rate or rates, or order or orders,
shall under the provisions of this section
be suspended. by the giving of any of the
bonds provided for herein, said suspen-
sion shall be operative as to and shall
effect only the railroad or other trans
portation company or common carrier
complaining and giving such bond.
Sec. 3S. No preliminary injunction or
introductory order or decree or process
suspending or restraining or affecting the
enforcement of any rate or rates, or Or
der of the Railroad Commission fixing
any rate or rates of compensation for the
transportation, originating and terminal
ing within the State, of any articles or
of passengers or any charges for any
regulations. rules. practices or services to
be observed by any railroad or transpor-
tatlon company or persons, company or
corporation operating any railroad
common carrier or engaged in the bust
ness of transporting freight or passen-
ger as common carriers shall be granted
by any judge or court except upon hear
ing after at least five days notice to the
Railroad Commission of Alabama, and no
judge court shall grant any prelim-
nary injunction or interlocutory order or
decree or process suspending or restrain
ing any rate or rates or order of the
Railroad Commission fixing any rate or
rates for the transportation of freight or
passengers or order establishing any
rules, regulations. practices or services
to be observed by such person, company
or corporation, or the enforcement of any
condition precedent to the issue of such
Injunction. decree, order or process, that
the company, corporation or person
making the same shall, if the injunction
or restraining order applied for is for
the purpose of restraining the enforce
ment Of any rate established for the
transportation of articles of freight exc
cute and file with said Railroad Commits
sion a good and sufficient bond with two
sureties. payable to the State of Ala
bama. In the sum of twenty-five thousand
dollars when It's railroad within the State
is less than fifty miles in length and in
the sum Of fifty thousand dollars when
the railroad within the State is fifty miles
I'm length in Stlch the