The Birmingham age-herald., 1907-03-16

iSi eiiiboA AldltIld1 IllHL BilHll prove ubll- cient in any of it's ingredients as guar anteed and branded on the sacks, bags, or packages containing the same, so that by reason of such deficiency the com mercial value of such fertilizers shall fall below the guaranteed total commer- cial value of such fertilizer or fertilizer material, shall be guilty of a misde- meanor, and upon conviction shall be fined not less than one hundred nor more than one thousand dollars.
 Approved March 1, 1907.
 Official;
 Frank N Julian,
 Secretary of State.
 No 244) AN ACT. (S. r. To provide the manner in which any per
 son, company or corporation owning or
 operating as a common carrier, any
 railroad, in whole or in part, in this
 State may contest the validity, or
 reasonableness and fairness of any
 maximum rate established by statute
 to be charged by railroads for the trans
 portation originating and terminating
 within the State, of articles, and have
 the same annulled, or the enforcement
 thereof enjoined or restrained.
 Section l. Be 1t enacted by the -Aegis- lature of Alabama, That any person, com pany or corporation, owning or operating, as common carrier, any railroad, Ill whole or in part, in this State shall have the right to contest the validity, or fair ness and reasonableness of, and the right of the Railroad Commission of Alabama to enforce any rate or rates of compensa- tlon established by statute for the tralls- portation, originating and terminating within the State, by any railroad in this State of any article or commodity, by filing petition or complaint, if such con- test be instituted in a State Court, in the GirriIit Cb0naarxr of County, Alabama, or other court in said county having concurrent jurisdiction with said Circuit or Chancery Court, maS- ing the Railroad Commission of Alabama defendant therein, and alleging wherein the rate or rates complained of are invalid of unfair and unreasonable; and in said petition the validity, fairness or reason ableness 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 reasonable. If said court shall decide that the rate or rates complained of are invalid or unfair and unreasonable, it shall render a judgment or decree annulling and setting aside the same. The rate or rates complained of in said petition shall remain in force and be observed as the established rates for the period of thirty days after the rendi- ton of said judgment; provided, however, that if the Railroad Commission of Ala bama shall, before the expiration of said thirty days, sue out an appeal to the Supreme court from said judgment or de- cree, and after the suing out of said ap- peal, the appellee railroad company 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 suspended and shall remain suspended, until the final decision of said cause by the Supreme Court.
 Sec. 9 Either party may appeal from the judgment or decree of the lower court to the Supreme Court of Alabama, the appeal to be taken within thirty days from the rendition of said judgment or decree, under the same rules and regula- tons as are prescribed 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 appeal or to give any bond or undetaking to supersede said judgment or decree. Said appeal of the Railroad Commission, without such bond. shall have the effect of superseding said judgment or decree, and the rates complained of or annulled by said judgment decree shall be and remain the established rates for the transportation of all articles subject there- to, and shall be so regarded and observed until said judgment or decree Is affirmed and the rates complained of annulled by the Supreme Court, unless the appellee railroad company shall file with the said Railroad Commission of Alabama a good and sufficient bond in the sum of $25,0O9 in cases where the railroad of the appellee within the State is less than fifty miles in length. and in the sum of S5O,000 in cases where said railroad is more than fifty miles in length conditioned to make and file with said Railroad Commission, a sworn statement every three months pending said appeal, showing the article of freight subject to the rates complained of or annulled carried over it's road dur ing 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 additional bond, of like amount and conditions with said Railroad Commission, whenever the differ ence between the aggregate freights charged and received for the transpcrta- tion of said articles and the aggregate freight which it would have been en- titled to charge and receive for such transportation if calculated or based ol the rates complained Of or annule1 equals or exceeds the penalty Of said bond; and conditioned further to pay to the State of Alabama in the event of the said judgment 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 it would have been entitled to charge and receive for such transportation if calculated accord ing to or based upon the rates complained of or annulled, said bond shall be col lectible by suit or otherwise, only by the State of Alabama by direction of the Gov ernor. From the time the bond first mentioned Is filed as aforesaid, the judg- ment appealed from shall be operative and the rate or rates annulled by said judgment shall be suspended; provided however, that a failure to file with said Railroad Commission the sworn state ments provided for In this section, or any one of them, where more than one is required, within twenty days after the same shall be demanded in writing by said Railroad Commission, or a failure to give any additional bond in this section provided for when the same shall be legally required or demanded by said Railroad Commission, within fifteen days after notice or demand in writing to give such bonds, shall co instant again sus- pend said judgment appealed from and the rate or rates annulled by said judg- ment shall be ,-e.-. ~-~ed ord enforced un- til the same shall finally be annulled by the Supreme Court. The notices or de- mands above provided for may be given by registered letter addressed to any superintendent or managing officer of the
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