St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10

CHAPTER 1875. F. NO. 4o2.
AN ACT to amend sections 1871 and 1872
ana to repeal section 1882 Of the Re-
r r1sed Laws a. IS, Of 1905, relating to rail
order made by the Railroad and Ware
house Commission.
Be 1T enacted. by the Legislature Of the
Section !: That section 1911 Of Revised
Laws of 1906 be. and the same is hereby
am nsactidn SO 9aa aS to read :, as follows:
effected BY any order thereof, or the
eral: may appeal .therefrom to the district
plainants, or a majority Of them, reside,
or in case none Of them reside in the
state. or in case the order is made in a
sion on It's own motion ny without the foi" CONS
plant. to the district court Of any coun-
ty in which the carrier or warehouse
man mas ma ar. an 4ftiee' agent Or place Of husi-
service Of a copy of such order on the
parties of record, as in this chapter pro-
v1ded. by4seryice of a written notice Of
rotary. Upon service of said notice Of
appeal. said commission, by its secre-
tary, shall forthwith file, with the clerk
peal is taken. a certified copy of the Or
der appealed from, together with findings
Of fact on which the same is based
az avs ws ~ a5d ho sec sectl On ly11, revised
section 1872. The person rs nOt Serving such
notice Of appeal shall, within v days
with proof of service, with the clerk Of
the court to which such appeal is taken;
and %thereupon said district court shall
f fSss a 5Tr1s sbs5I n over sg4er Sid i,n appeal, and
ords Of said district court and shall be
tried therein according to the rules re-
latfng to the trial Of civil actions. so far
plainant before the commission. If there
was one otherwise the State Of Mime
sota2, shall be designated as complainant
~warehouseman as defendant. No further
pleadings than those filed before the COM
mission shall be necessary. Such findings
Of fact shall be prima facie evidence Of
shall be prima facie reasonable, and the
burden of proof upon all issues raised
by the appeal shal! be on the appellant.
order appealed from is lawful and rea-
sonable, it shall be affirmed and the
order enforced as provided by law. If it
shell 81 mf,,1 be determined mine It that tt the order Is IN
vacated and set aside. uch appeal shall
not stay or supercede the order appealed
from unless the court, upon an exam
made on said appeal, and after giving the
heard, shall so direct. If such appeal Is
not taken. such order shall become final,
and it shall t%hereupon be the duty Of the
carriers affected to adopt and publish
the rates or classifications therein pre-
scribed.. And all orders heretofore made,
from which no appeal was taken. as pro-
yided by, law, shall be deemed to have
been in full effect for all purposes from
the time when the right to appeal from
such order expired. When no appeal is
taken from an order, as herein provided.
the parties affected by such order shall
be deemed to have waived the right to
have the merits Of said controversy re-
trial Of the merits OF Of r etlesa nhnat on of Of
the facts Of any controversy in which
u order, was made. bv any district
court to which application may be made
for a writ to enforce the same.
Section g., SECTION 1882. Revised Laws,
1905, and all other acts or parts Of acts
Inconsistent with the provisions Of this
act are hereby repealed.
Sec. 4. This act shall take effect and
Approved April -. 1907.