The Montgomery advertiser., 1907-03-11

aIOreSdlQ oFuefs. A copy Oi oaiu So"i plaint. bill or petition, shall be served on the Railroad Commission, or any member thereof, with the summons, and the defendant shall plead, answer or demur to the complaint, bill or peti- ton within thirty days after service thereof Said cause shall have prece- dence over any other cause pending in said court, except criminal action, and shall be tried under the same rules and regulations as are or may be prescribed by law for the trial of other civil or chancery suits in said court, except as may otherwise be provided in this act, and except that the rates or orders complained of shall be priTna faeie presumed to be valid, fair and reasonable. If the Court shall decide that the rates or orders com plained of, or any of them. are invalid or unfair or unreasonable, 1t shall rem der a judgment or decree annulling or suspending the same. The rate or rates or order or orders complained of shall remain In force and be observed as the established rates or orders for the period of thirty days after the rem dition of said judgment or decree, which period shall be allowed for an appeal from said judgment; provided, however, that if, before the expiration of said thirty days sue out an appeal to the Supreme Court from said judgment or decree shall be sued out by either par ty said rates or orders shall remain in force and be observed until the same shall be annulled by the Supreme Court or until the same shall be sus- pended in the manner provided In Sec tion S7 of this Act.
 Sec. 37. Either party may appeal to the Supreme Court of Alabama from the judgment or decree of the lower Court. the appeal to be taken within thirty days from the rendition of said judgment or decree, under the same rules and regulations as are or may be provided by law for appeals from said Court, except that the Railroad Com mission, if 1t shall appeal from judg ment or decree annulling or suspending any aforesaid rates or orders, shall not bet required to give any security for the costs of said appeal or any bond or undertaking to supersede said 1udg- ment or decree. Said appeal of the Railroad Commission without such bond shall have the effect of super seding said Judgment or decree and the rate or rates or order or orders com plained of or annulled or suspended by said judgment or decree shall be and remain the established rates or orders, and shall be so regarded and observed, until said judgment or decree shall be affirmed and said rates or or ders annulled or suspended by the Su- preme Court: provided, however, that if the appellee shall desire to have the rate or rates for the transportation of freight complained of or order of the Railroad Commission fixing such rate or rates for the transportation of articles or classes of articles suspend ed pending said appeal, said appellee shall file with said Railroad Commits sion a good and sufficient bond with two sureties, payable to the State of Alabama, in the sum of twenty-five thousand dollars, where the railroad of appellee within the State Is less than fifty miles in length, and in the sum of fifty thousand dollars where said rail- road is fifty miles or more in length, or in such sum as the Railroad Con- mission may fix where appellee is transportation Company, other than a Railroad Company conditioned to make and file with said Railroad Commission a sworn statement every three months pending said appeal, showing the ar ticles of freight subject to the rates of, or annulled or suspend ed, carried over its road during the preceding ninety days together with the names of the shippers and con signees, the dates of shipment, the points of consignment and destination, and the freights charged and received thereon; and conditioned to file an ad- ditfonal bond of like amount and con- ditions with said Railroad Commission whenever the difference between the aggregate freight charged and received for the transportation of said articles and the aggregate freight which it receive for such transportation if call culated or based upon the rates com plained of or annulled equals or ex- ceeds the penalty or amount of said bond; and conditioned further to pay to the State of Alabama, in the event the said Judgment or decree annulling or suspending said rates shall be revers- ed by the Supreme court or be reversed as to any of the rates annulled or sus- pended by the lower court, the diff ference between the aggregate freight charged and received for the transpor- tation of those articles the rates for the transportation of which shall be, by such judgment of reversal by the Su- preme Court. affirmed or sustained by said Court and the aggregate freights which the appellee would have been entitled to charge and receive for such transportation If calculated ac- cording to or based upon the rate or rates complained of. Said bond shall
 
 Iy by the State of Alabama by direc- tion of the Governor. From the time the bond first mentioned shall be fill ed as aforesaid the judgment appealed from shall be operative and the rate or rates annulIed by said Judgment shall be suspended Provided however, that a failure to file with said Rail- road Commission any of the statements in this section provided for within la., ouna ehn "a been demanded in writing by said Rail- road Commission, or a failure to give any additional bond in this section provided for within fifteen days after the same shall have been demanded fin
 writing by said Commission shall co instanti again suspend said judgment or decree appealed from and the rate or
 rates annulled or suspended by said
 Judgment or decree shall be restored and enforced until the same shall be
 annulled by the Supreme Court. The
 notice or demands for said statements
 or bonds above provided for may be
 given by registered letter addressed to any Superintendent or managing agent
 or officer of appellee in this Stae or
 without the State. Said cause and any
 appeal provided for in this act. shall
 have precedence over any other cause
 in the Supreme court, and shall be ad-
 vanced on the docket upon the applica-
 tion of either party. so that the same
 may be given a speedy hearing. Pro
 vided further, That if the appeal he
 from a judgment or decree annulling
 or suspending any rate or rates, estab-
 lished for the transportation of passen-
 gers. or from a judgment or decree an
 nulling or suspending any order or or
 ders establishing or requiring any
 rules, regulations. practice or service