The Montgomery advertiser., 1907-03-16
AN ACT.
Nd. 244.l
S. IL.

ETdflh AN- Jut4dyls
 Secretary of State.
 No. 244) AN ACT. S. II. To provide the manner in which any
 person, company or corporation
 owning or operating as common
 carrier, any railroad. in whole or
 in part, in this State, may contest
 the validity, or reasonableness and
 fairness of any maximum rate es-
 tablished by statute to be charged
 by railroads for the transportation,
 originating and terminating within
 the State. of articles, and have the
 same annulled, or the enforcement
 thereof enjoined or restrained.
 Section l. Be it enacted by the Legis- lature of Alabama, That any person, company or corporation, owning or operating, as common carrier, any railroad, in whole or in part, in this state, shall have the right to contest the validity, or fairness and reason ableness of, and the right of the Rail- road Commission of Alabama to en- force any rate or rates of compensa- ton established by statute for the transportation, originating and termin- ating within the State by any railroad In this State of any article or com modity, by filing a petition or com plaint. if such contest be instituted in a State Court, in the Circuit or Chancery Court of Montgomery County, Alabama, or other court in said county having concurrent Jurisdiction with said Cir cult or Chancery Court, making the Railroad Commission of Alabama de- fendant therein, and alleging wherein the rate or rates complained of are in- valid of unfair and unreasonable; and in said petition the validity, fairness or reasonableness of the respective rates on any number of articles or classes of articles may be contested. Said cause shall have precedence over any other action pending in said court. except criminal actions, and be tried under the same rules and regulations as are prescribed by law for the trial of civil actions in said court, except that the rates established by statute shall be prima facie, presumed to be valid, fair and unreasonable. If sad court shall decide that the rate or rates complained of are invalid or unfair and unreasonable, 1t shall render a Judgment or decree annulling and set ting aside the same. The rate or rates complained of in said petition shall re- main in force and be observed as the established rates for the period of thirty days after the rendition of said judgment; provided, however, that if the Railroad Commission of Alabama shall, before the expiration of said thirty days, sue out an appeal to the Supreme Court from said judgment or decree, and after the suing out of said appeal the appellee railroad com pany shall give bond provided for in Section of this act, then immediately upon the giving of said bond, the rate or rates complained of shall be sus- pended, and shall remain suspended, until the final decision of said cause by the Supreme Court.
 Sec. 2. Either party may appeal from the judgment or decree of the lower court to the Supreme Court of Ala hama, the appeal to De taken within thirty days from the rendition of said Judgment or decree. under the same rules and regulations as are rescribed by law for appeals from said court; except that the Railroad Commission of Alabama, if it shall appeal from a Judgment or decree annulling any of said rates, shall not be required to give any security for the costs of said ap- peal, or to give any bond or undertak- Ing to supersede said judgment or de- cree. Said appeal of the Railroad Commission, without such bond, shall have the effect of superseding sad judgment or decree, and the rates com plalned of or annulled by said judgment or decree shall be and remain the es- abolished rates for the transportation of all articles subject thereto. and snail be so regarded and observed until said Judgment or decree is affirmed and the rates complained of annulled by the Supreme Court, unless the ap- pellee railroad company shall file with the said Railroad Commission of Ala bama a good and sufficient bond in the sum of $25, 1000 in cases where the rail- road of the appellee within the State is less than fifty miles in length. and in the sum of $50,000 in cases where said railroad is more than fifty miles N.-H Ya. |. file with said Railroad Commission, a sworn statement every three months pending said appeal. showing the ar ticie of freight subject to the rates complained of or anulled carried over it's road during the preceding ninety days, together with the names of the shippers and consignees. the dates of shipment, the points of consignment and destination and the freights charged and received thereon: and con- ditioned to file an additional bond, of like amount and conditions, with said Railroad Commission, whenever the difference between the aggregate freights charged and received for the transportation of said articles and the aggregate freights which 1t would have been entitled to charge and re- ceive for such transportation if calcu- lated or based on the rates complained of or annu'led equals or exceeds the penalty of said bond; and conditional further to pay to the State of Ala bema, in the event of the said judg- ment or decree appealed from shall be reversed by the Supreme Court. said difference between the aggregate freights charged and received for the transportation of said articles and the aggregate freight which 1t would have been entitled to charge and receive for such transportation if calculated according to or based upon the rates complained of or annulIcd. said bond shall be collectible by suit or other wise, only by the State of Alabama by direction of the Governor. From the time the bond first mentioned is filed as aforesaid. the judgment ap- pealed from shall be operative and the rate or rates annulled by said judg- ment shall be suspended: provided. however that a failure to file with said Railroad Commission the sworn aFu C., l~,