The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1907-05-06

Client in amount and security 10 insure
the prompt reflnding. hy the appealing
corporation 10 the parties entitled there
90. Of an charges which such company
may collect or receive, pending the ap-
peal. in excess OF those fixed. or author
isad. By the final decision Of the court
on appeal. The commission. upon the
execution Of such bond, shall forthwith
require the appealing company, under
penalty OF the immediate enforcement
(pending the appeal and Notwithstanding
any supersedeas). Of the order or re-
quirement appealed from. TO keep such
accounts and to make to the commission,
from time TO time. such reports. verified
by oath. as may In the judgment OF the
commission, suffice to show the amount
being charged or received by the COM
pany pending the appeal, in excess Of
the charge allowed by the action Of the
commission appealed from, together
with the names and addresses OF the
persons to whom such over charges win
be refundable In case the charges made By
the company pending TIE appeal be not
sustained on such appeal; and the COM
mission shall also. from time TO time,
require such company under ike penalty.
to gfve additional security on. or to IN
crease the said pending bond whenever
in the eopiniony OF the commission, the
same may be necessary to insure the
prompt refunding Of the overeharge
aforesaid Upon the final decision OF
such appeal. ali amounts which the APP
pealing company ip4y have collected,
pending the appeal. In excess Of that au-
thorized by such final decision. shall
be promptly refunded by the company TO
tho parties entitled thereto, In such man
ner and through such methods Of dis
tribution as may be prescribed BY the
commission or by law. All such appeals
affecting rates. charges, or classifications
Of traffic. shall have precedence upon
the docket OF the supreme court. ana
shall be heard and disposed OF promptly
by the court. Irrespective Of Its place Of
session, next after the habeas corpus,
and state cases already on the docket Of
the court.
Sec, %. In no case OF appeal from the
commission. shall any new or additional
evidence be introduced in the supreme
court, but the chairman Of the commis-
sion. under the seal OF the commission,
shall certify to the supreme court all Of
The facts upon which the action appealed
from was based and which may be es-
sential for the proper decision Of the
appeal. together with such Of the evil
dence introduced before, or considered
BY, the commission as may be selected.
specified and required to be certified.
by any party In interest. as wen as such
other evidence. 50 introduced Or consld-
cred as the commission may deem prop
or to certify The commission shall.
whenever an appeal is taken therefrom.
file with the record OF tha case, and as
a part thereof. a written statement OF
the reasons upon which the action APP
pealed from was based and such state
ment shall be read and considered BY
the supreme court. upon disposlng Of
the appeal. The supreme court shall have
Jurisdiction. on such appeal. to consider
and determine the reasonabieness and
1ustness OF the action OF the commission
appealed from, as well as any other mat
ter arising under such appeal provided,
however. that the action OF the COM
mission appealed from shall be regarded
as prima facie just. reasonable and corr
rect, but the court may. when il deems
necessary. in the interest OF justice. re-
mand to the oommHsion any case pend
Ing on appeal and require the same to
be further Investigated by the commits
sion. and reported upon to the court Ito
gether with a certificate OF such addi-
tional evidence as may be rendered be-
fore the commission by any party in in
teresD before the appeal is finally de-
clded.
Sec. 22. Whenever the court, upon ap-
peal, shall reverse an order OF the com.
mission affecting the rates. charges. Of
the classification or traffic Of any trans.
portation or commission company. It
shail. at the same time, substitute there.
for. such orders. IN It's opinion. the com.
mission should have made at the tim,
Of entering the order appealed from
otherwise the reversal order shall bo
valid. Such substitute order shall have
the same force and effect land non,
other) as Il Il had been entered by the
commission az the time the original or.
der appealed from was entered. The
right Of the commission 70 prescribe an,
enforce rates charges. classIfications
rules and regulations affecting any or al
actions Of the commission heretofore
entered by II and appealed from. bu
based upon circumstances or condition.
different from those existing at the tim
the order appealed from was made. sha
not be suspended or impaired by reaso,
OF the pendency Of such appeal. but n,
order OF the commission. prescribing o
altering such rates. charges. classIfica
cations, rules. or regulations shall b
retroactive.
Sec. a. The right Of any person 10 In
stltute and prosecute IN the ordinar,
courts Of justice any action, suit o
motion against any transportation O
transmission company. for any claim o
cause OF action against such compan,
shall not be extlngulshed or impalre.
BY reason Of any fine or other penalt
which the commission may impose or b
authorised to impose upon such compan
because Of Its breach OF any public dut,
pr because Of lts failure 70 comply wit
any order or requirement Of the con,
mission; but n no such proceeding b
any person. or any such corporation. no
In ANY collateral proceeding shall b,