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

lorcement of such rates, charges or or
ders or to have this act or any provision
thereof declared invalid, or shall become
D Joint act or in such proceeding with
any other person. company or corpora
ton, or shall voluntarily become a party
therein: or IL any such foreign corpora
ton shall without the consent of the ad-
Versary party remove or cause to be re-
moved to any Federal court any section,
suit or proceeding of any kind instituted
against 1t in state court by or in be-
half Of the Railroad Commission of Ala
bama or the State of Alabama, to compel
obedience of any order of said Commits
sion or any rate or charge established
by it, or am action, suit or proceeding
of any kind instituted by said Railroad
: Commission or the State of Alabama, or
by any person, firm, company or corpora
. ton to recover further breach of any
bond undertaking, given by such for
egn corporation in pursuance of any Of
the provisions of this act, or to recover
for any excess rate or charge made and
received by it in violation of the provi-
slons Of this act, or to recover any pen
atty or forfeiture for which it is made Ii
able under the provisions Of this act
such acts or either of them of said for
egn corporation shall ipso facto forfeit
its right or license to engage in or carry
on the business of transportation, origi-
mating and terminating within this state
of property or persons and its license or
right to engage in such business shall be
ipso facto revoked.
Sec. A. If upon the trial of any cause
of action originating under this act, it
shall be determined by the court that
the order of the Commission was invalid
OF unreasonable or unjust and should not
be performed. the costs OF said court
may in the discretion OF the court be
taxed against the state or the transpor-
tation company or companies involved In
said suit. II on the hearing the court
should find in favor of the said Railroad
: Commission, then the costs OF said suit
shall be paid by the transportation COM
pany or companies by or against which
the proceedings were instituted IL costs
are ordered taxed against or paid by the
state, the same shall be paid upon the
approval of the trial Judge by a warrant
drawn by the auditor upon the State
Treasurer.
Sec. 45 If any transportation company
doing business in this State or its agent
or employe, is guilty of making or de-
manding or receiving any charge for the
transportation Of persons or property, or
for any service pertaining to or connected
Herewith. In excess of that prescribed
by the Railroad Commission as by this
act authorized, and after due notice of
such violation given to the President or
managing officer or any superintendent
thereof, in this State, and If ample and
full recompense for the wrong or injury
thereby to any person, firm, company or
corporation, shall not be made within
sixty days of the time of such notice,
such transportation company shall for
felt for each offense not less than $50
nor more than $1,000 to be fixed by the
court. An action for the recovery of
said penalty shall be in any Circuit Court
In any county In the State where such
violation has occurred or wrong has been
perpetrated. and It shall be in the name
of the State of Alabama. The Commits
sioners shall nave the power to order the
institution of such action through the
Attorney General or the solicitor of the
circuit in which the wrong is perpetrated
or such other attorney at law as the Cow
ernor may appoint, on the complaint or
petition or request of the person ag-
Agrieved
Sec 49, This act shall not have the eff
feet to release or waive any right of
action by the State or by any person, or
any right, penalty or forfeiture which
MAJ have arisen, or which may here
after arise under any law Of this State;
and all penalties Ind forfeitures incurred
under this act shall be cumulative and
a suit for the recovery of one shall not
:. be a bar to the recovery of any other
penalty.
Sec. AZ. substantial compliance by the
Railroad Commission with the require
ments of this act shall be sufficient to
give effect to all the rules, orders, acts
AMI regulations OF the Commission. And
they shall not be declared imperative,
Illegal or void for any omission of tech
Meal nature. in respect thereto
Sec. As. Whenever, after hearing the
S. Investigation as provided by this act
the Commission shall find that any
charge regulation or practice AFFECTING
the transportation of passengers or prop
ertv. or any service in connection there
with not hereinbefore specifically desig-
mated. is unreasonable or unjustly dis
rrimnatory, it shall have the powers to
regulate the same as provided in Sec
tons and % of this act.
Sec 40. The Commission shall have
the mower, and it is hereby made its duty
to investigate all complaints filed with
them of the violation by the transporta-
tion companies doing business in this
state. of the rules~orders and regulations
of the Interstate Commerce Commission,
and when in their opinion, the rates or
rrases of such transportation companies
are excessive or discriminatory. or are
levied in violation of the Interstate Com
merce law the Commission shall present
the facts to the transportation company
with a request to make such changes as
the Commission may advise. and IL such
changes are not made within a reasona-
HE time. the Commission shall apply by
netition to the Interstate Commerce Com
mission for relief.
Sec. 50. Tae Commission shall have the
power, when deemed by 1T necessary to
preyent injury to business, or in the in
terest of the people of this State, In con-
sequence of any interstate rate wars, or
inequality of interstate rates or in case