The Montgomery advertiser., 1907-12-20

fcs sxpeuses shall not exceed one thou sand dollars per aunun.
 Sec. 2. That section 2s of said act be amended 90 as to read as follows: section 90. That full and complete record of all proceedings before the commission on any investigation had and ail testimony therein shall be tax. on down by stenographer appointed transcript shall be furnished on de- mand to any party to such investiga- tion or other person. upon the payment of the cost of transcribing the -testt- mony, not exceeding ten cents per folio.
 Sec. 8. That Section 35 of said act be and 1t is hereby amended so as 10 read as follows: Section 90. All rates fares. charges. classifications and joint rates and orders establishing rules, regulations. practices or services fixed by the Commission. shall be In force, and shall be deemed prima facte req sonable and valid in any court where- in is properly drawn in question the reasonableness or validity thereof, and the burden shall be upon the party at- tacking said rates or orders to show that same are invalid or unfair and unreasonable.
 Sec. 4. That Section 41 of said act be and 1t is hereby amended so as to read as follows; Section Al. 1T any transportation company affected by any order of the Railroad Commission es- tablishing any rule. regulation, prac- tice or service or any order of sucn commission. except an order establish ing rates CT charges. shall fail or re- fuse to comply with the requirements of the Railroad Commission, with re- spect to said order. and said failure or refusal shah continue for ten days, the Railroad Commission shall have the power, in It's own name, to apply 10 any court of competent Jurisdiction or judge thereof. in any county or circuit in which such transportation company may have an agent, for writ or man
 damus or a mandatory injunction to compel such transportation company 10 put said order in force and observe and obey the same. Either party shall have the right to appeal to the Supreme Court from the Judgment of the trial court in such proceedings. said appea'
 to be taken within thirty days. Ii the transportation company desires to btsks an appeal from the Judgment or order of the trial court granting the
 mandamus or mandatory injunction ana l to supersede the same, it shall SiVe | in addition to the bond for costs, 2 l bond with two sureties, to be approved l by the clerk or register of the .court, which bond shall be in tho amount and with the conditions to be prescribe Cd | by the trial judge or chancellor. ana | shall be made payable as prescribed by him. The Governor shall have author ity to employ or appoint special coun. sel to institute and prosecute. or assist | inc Attorney General in instituting and prosecuting proceedings provided for ir | this section.
 Sec. s. That Section 52 of said aci be and it is hereby amended so as te read as follows: Sec. 52 It shall De
 the duty of the Attorney General te represent the Railroad Commission IT
 any and all legal proceedings which !, may have the power to institute, anc | which, pursuant to such power, 1t has Instituted, and in all legal proceeding | against it, and to institute such iesaI l proceedings as such commission may l request or deem necessary (provided T | has the power to institute them), tt | enforce the provisions of this act ol | compel obedience to and observance. ol
 the same by any person. firm, company l or corporation upon which such one' | dience or observance Is imposed, Ane | the Governor is hereby authorized ane | empowered to employ any special coun' | sel to institute or defend such lega proceedings. or to assist the Attorney l General therein, and to contract witt said special counsel concerning req sonable compensation for his or mefl services, which compensation shall b' paid out of the State treasury on | warrant drawn by the Auditor on th' State Treasurer, upon the approval O the Governor. No expenses incurred Il any way in any of such proceedings o suits in any investigation by the com mission shall be deemed a part Of th' I office expenses Of the commission with
 ing the meanihsF of Section of thii act.
 Sec. 6. That this act shall go int effect immediately upon its passage ant
 Sec. T. Tfat all laws and parts o 4 laws in conflict or inconsistent witt the provisions of this act be, and thu same are hereby repealed.
 Approved Nov. 2S, 1907.
 Oficial:
 Frank N. Julian,
 Secretary of State.
 No. 13) AN ACT (H. Il Tn nravidA for the inspection and e&