The Montgomery advertiser., 1907-03-11

Der of said Railroad Commission under the seal of said Commission shall be received in evidence without further proof If in any proceeding to contest the validity, fairness or reasonabieness of any rate or rates for the trans portation of freight or passengers es- abolished by the Railroad Commission or any such rates established by stat ute, or any such rates which have been by statute made the maximum rates, or any order relating to such rates, or any order or orders establishing any rule, regulation, practice, service or act to be observed or performed by transportation companies subject to the provisions of this Act, the trial court shall decide that said rate or rates or orders complained of or any of them are valid, or fair and reasonable and render a judgment in favor of the Hail- road Commission and against the plain tiff or petitioner. and if the piaintii, or petitioner shall appeal from said judgment 1t may after said appeal have said rate or rates or order or orders complained of or any of them suspend ed pending said appeal by filing bond with two good and sufficient sure ties, with the Railroad Commission which bond if the appeal be from Judgment sustaining any rate or rates. for the transportation of freight, shall
 
 conditions, and payable as the bond provided for in this Section,for the sus- pension of such rates upon an appear py the railroad commission from Judgment annulling such rates. except that saio bond shall be payable in the event the Judgment of the trial court shall De affirmed in whole or in part, or in the event said appeal. shall not be prosecut- ed to effect. And the failure to file the statements or any of them, or to give the additional bonds or any of them provided for in such cases in this section, then and as required therein shall GO instant revive. said rate or rates and the same shall again be in force and observed and all the penalties in this Act, or by any statute prescribed for a failure to put in force and oD- serve said rates shall attach. And if the appeal be from a judgment sustain ing any, rate or rates for the transpor- tation of passengers, or any order or orders establishing any rule. reguia- tion practice, service or act to be op- served or performed by the piaintin transportation company, said bond shall be in such sum as the railroad com mission may fix and with like condi- tions and payable as the respective bonds provided for in this section, for the suspension of sucA rates or or ders upon an appeal/by the railroad commission from judgment annullinE such rates or orders, except that they shall be payable in the event the Judg- ment of the trial court shall be affirm ed, in whole or in part, or said appeal shall not be prosecuted to effect. From the time said bond shall be given as aforesaid the rate or rates or order or orders complained of and sustained shall be suspended. Any person, firm. company or corporation, who shall sus- tain any loss, injury or damage, by req son of the suspension of said rates or orders or any of them, as aforesaid, may sue on said bond in the name of the State of Alabama, for his use and recover such damages as he may have so sustained, including any over charge. or excess rate or charge paid by him, on account of the suspension of said rates charges or orders. A copy of salo bond duly certified by the Secretary or chief clerk or any member of said Railroad Commission, under the seal of said Commission shall be received in evidence without further proof. Provi- ded, however, that if any rate or rates, or order or orders, shall under the provisions of this Section be sus- pended, by' the giving of any of tho bonds provided for herein, said sus- pension shall be operative as to, asoal shall effect only the railroad or dher | transportation company, or common carrier complaining and, sfing such ] bond.
 Sec. 3s. No preliminary Injunction or fnterlocutory order 1 or de- cree or process suspendinS r restrain ing or affecting the enfdcement of of any rate or rates, or dder of the Railroad Commission fixiF any rate or rates. of compensatol for the transportation. originatiEga 's.5 .Ltermi- mating within the State. of any artleeS or of passengers or any charges for any service or any order establish ing any regulations. rules, practices. or services to be observed by any rail- road or transportation company or persons, company or corporation operat- ing any railroad as a comomn carrier or engaged in the business of transporta- ton freight or passenger as common carriers shall be granted by any judge or court except upon hearing after at least five days notice to the Railroad Commission of Alabama, and no judge or court shall grant any preliminary injunction or interlocutory order or de- cree or process suspending or restrain ing any rate or rates or order of the Railroad Commission fixing any rate or rates for the transportation of freight or passengers or order establishing any rules, regulations, practices, or ser vices to be observed by such person, company or corporation, or the enforce ment of any such rates or orders with out requiring as condition precedent to the issue of such injunction, decree, order or process, that the company, cor poration or person making the same shall. if the injunction or restraining order applied for Is for the purpose Of restraining the enforcement of any rate established for the transportation of articles of freight execute and file with said Railroad Commission a good and sufficient bond with two surettes, pay able to the State of Alabama, in the when its railroad within the State is less than fifty miles in length and in the sum of fifty thousand dollars when the railroad within the State is fifty miles or more in length, or in such sum as the judge or court may fix whore the injunction is sought by a trans
 portation company other than a rail road company conditioned to make and file with said Railroad Commission a sworn statement every three months during the continuance of said in- Junction or restraining order, showing the articles of freight subject to the rates complained of or suspended or 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 IL To d.