The Montgomery advertiser., 1907-03-11

l Commission or provision of law estsb- l fishing any rules, regulations, practices I or services, or relating thereto, or acts, I or duties to be observed or performed l by transportation companies, or the enforcement of such rates. charges or orders or to have this act or any. pro- vision thereof declared invalid, or shall l become joint act or in such proceed ing with any other person. company or corporation, or shall voluntarily become a party therein; or If any such foreign 1 corporation shall without the consent of the adversary party thereto remove j or cause to be removed to any Federal Court any section, suit or proceeding of | any Kind instituted against IL In | State court by or in behalf of the Rail- road Commission of Alabama, or the ! State of Alabama, to compel obedience of any order of said Commission, or any rate or charge established by 1t. or any action, suit or proceeding of any kind instituted by said Railroad Com- mission or the State of Alabama, or py any person, firm, company sor corpora ton to recover further breach of any bond or undertaking, given by such for eign corporation in pursuance Of any of the provisions of this act. or to re- cover for any excess rate or charge made and received by 1t in violation of the provisions of this act, or to recov-
 
 it is made liable under the provisions of this act, such acts or either of them of said foreign corporation shall ipso facto forfeit its right or license to en- gage in or carry on the business or transportation, originating and termi- hating within this State. of property or persons and its license or right to en- gage in such business shall be ipso facto revoked.
 Sec A. If upon the trial of any cause of action originating under this act, 1t shall be determined by the court that the order of the Commission was invalid or 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 transportation company or companies involved in said suit. If on the hearing the court should find in favor of said Railroad Commission, then the costs Of said suit shall be paid by the trans portation company or companies by or against which the proceedings were in- stituted. If 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. IS. If any transportation com pany doing business in this State or It's agent or empIoye. is guilty of making or demanding 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 Com mission 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 recom- pense for the wrong or injury thereby to any person, firm, company or cor poration, shall not be made within sixty days from the time of such mo- tice, such transportation company shall forfeit for each offense of not less than $50 nor more than $1,000, to be fixed by the court. An action for the re- covery 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 Commissioners shall have the power to order the institution of such a '-- through the Attorney General tte aeHHftC- ef the cir cult in WI H-8Es ts T-1s ekH @i or such rst s-gfeay atsi2F 4s