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

State, desiring to contest the validity OF
fairness or reasonableness of any rate
or rates, or of any order of the Commits
sion fixing or relating to any rate oil
rates, of compensation for the transpor-
tation, originating and terminating with
in the State, of articles or passengers, OF
any other rates or charges, or any or
der relating thereto, or any order fixing
| any regulations, practices or services OF
acts to be observed or performed by such
companies, corporations or persons, may
| institute an action to contest such rate OF
rates or such order or orders. SUCH ac-
ton. if instituted in a State Court. shall
be commenced by filing a complaint OF
bill or petition in the Circuit or Chancery
Court of Montgomery County, or Other
court in said county having concurrent
jurisdiction with said Circuit or Chancery
Court making the Railroad Commission
Of Alabama defendant therein, and alleg-
ing wherein the rate or rates or order OIL
orders complained of are invalid or unfair
or unreasonable, and in said petition, bill
or complaint, the validity fairness oil
reasonableness of the respective rates OF
any number of articles or classes of ar
ticles or any number of rates for the
transportation of passengers, or any
number of orders of said Commission, fix
ing any such regulations, practices OF
StTNlCtS, IidN De tOlleSleQs pTONlutu
however, that an order fixing such regu-
lations, practices or services and an order
fixing rates for such transportation OF
freight or articles shall not be contested
in the same proceedings; nor shall an
order fixing rates for the transportation
of passengers be contested In a proceed
ing to contest either of the aforesaid or
ders. A copy of said complaint. bill OIL
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 petition within thirty days after
service thereof. Said cause shall have
precedence 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 OF
chancery suits In said court. except as
may otherwise be provided in this act
and except that the rates or orders COM
planned of shall be prlma facie presumed
to be valid. fair and reasonable. IL the
Court shall decide that the rates or or
ders complained Of or any of them, are
invalid or unfair or unreasonable, 1t shall
render a judgment or decree annulling or
suSpending the same. The rate or rates
or order orders complained of shall
remain in force and be observed as the
established rates or orders for the period
of thirty days after the rendition of said
judgment or decree. which period shall
be allowed for an appeal from said judg-
ment: provided however, that IT, 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 party said rates or orders shall
remain in force and be observed until the
uo1 nal ha NV ha Cur
Court or until the same shall be suspend
ed In the manner provided in Section 81
OF this Act.
Sec. 81 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 regu-
lations as are or may be provided by law
for appeals from said Court, except that
the Railroad Commission, II 1t shall ap-
peal from a judgment or decree annulling
or suspending any foresald rates or or
ders, shall not be required to give any
security for the costs of said appeal or
any bond or undertaking 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 rate or
rates order or orders complained Of or
annulled or suspended by said Judgment
or decree shall be and remain the estab-
lished rates or orders, and shall be SO
regarded and observed, until said 1udg-
ment or decree shall be affirmed and said
rates orders annulled or suspended by
the Supreme Court; provided, however
that II the appellee shall desire to have
the rate rates for the transportation
of freight complained of or order of the
Railroad Commission fixing such rate OIL
rates for the transportation of articles or
classes of articles suspended pending said
appeal. said appellee shall file with said
Railroad Commission a good and suff-
Client 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
railroad is fifty miles or more in length,
or In such sum as the Railroad Commits
sion may fix where appellee is a trans
portation company, other than a railroad
company. conditioned to make and file
with said Railroad Commission a sworn
statement every three months pending
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