The Birmingham age-herald., 1907-12-20

eonvicts and prisoners.
 Sec. 27. This act shall not be so con- strned as to repeal any local law now in force In this state.
 Approved November 30, 1a07.
 Official:
 Frank N. Julian.
 Secretary of State.
 No. 21.) AN ACT. 6H. 81. To amend sections D. 29, S5, 4 and 52
 of an act of the Legislature of Ala
 hama. entitled. "An act to create a
 Railroad Commission, 10 be known as
 the Railroad Commission of Ala
 bama,' define its duties and powers.
 and provide for it's mode of pro-
 cedure, and prescribe penalties for
 violations of It's orders" approved
 February 23 1907.
 Section 1. Be 1t enacted by the Leg islature of Alabama, That section 5 of an act of the Legislature of Alabama, entitled. An act to create Railroad Commission, to be known as the 'Rail- road Commission of Alabama, define it's duties and powers, and provide for it's mode of procedure, and prescribe pen alties for violation of it's orders" ap- proved February 23, 1907, be amended to read as follows Section 5. The presi- dent of such commission shall receive salary of thirty-five hundred dollars per annum, and the associate commis- sioners shall receive a salary of three thousand dollars per annum. and they may employ a clerk or secretary at a salary not exceeding twenty-four hun- dred dollars per annum, and stenog- 1 pher at salary not exceeding twelve hundred dollars ner annum, and may employ such experts as may be neces- | sary to perform any service it may re- quire of them; provided, that the amount expended for such experts shall not exceed five thousand (s5000 001 dol I lars in any one year. such salaries to l be paid as the salaries of other State 1 officials are paid. All money paid out under the provisions of this section in- 1 cluding such sum as may be necessary 1 to procure office furniture and station cry, and to pay other office expenses, shall be paid on warrants drawn by the Auditor on the Treasurer; but such of l flee expenses shall not exceed one ! thousand dollars per annum. Sec. 2. That section 29 of said act be amended so as to read as follows: Section 29 That full and complete record of all proceedings before the commission on any investigation had and all testimony therein shall be taken down by a stenographer appointed by the commission. A copy of such transcript shall be furnished on de- mand to any party to such investiga- o of the cost of transseribing the testi mony, not exceeding ten cents per folio. Sec. 3. That section 35 of said act be and it Is hereby amended so as to read as follows: Section 35. All rates fares, charges, classifications and joint rates and orders establishing rules, regulations, practices or services fixed by the commission, shall be in force, and shall be deemed prima faeie req sonable and valid in any court where in is properly drawn in question the reasonableness or validity thereof, and the burden shall be upon the party at lacking said rates or orders to show that same are invalid or unfair and unreasonable.
 Sec. 1. That Section fl of said act be and 1t is hereby amended so as to read as follows: Section fl. If any transpor tation company affected by any order Of the Railroad Commission establishing any rule, regulation, practice or service or any order of such commission except an order establishing rates or charges, shall fall or refuse to comply with the require ments of the Railroad Commission. with respect to said order. and said failure or refusal shall continue for ten days, the Railroad Commission shall have the pow CT, in its own name, to apply to any court of competent Jurisdiction or judge there, of, in any county or circuit In which such transportation company may have an agent, for writ of mandamus or man. datory injunction to compel such trans portation company to put said order In
 force and observe and obey the same. Either party shall have the right to ap- peal to the Supreme Court from the | judgment of the trial court In such pro ceedings. said appeal to be taken within thirty days. If the transportation com pany desires to take an appeal from tho judgment order of the trial court granting the mandamus or mandatory Injunction and to supersede the same, it shall give, in addition to the bond for costs, bond with two sureties, to be ap- proved by the clerk or register of the court. which bond shall be in the amount and with the conditions to be prescribed by the trial judge or chancellor, and shall be made payable as prescribed by him. The governor shall have authority to em- poy or appoint special counsel to instl- tute and prosecute, or assist the attorney general in instituting and prosecuting proceedings provided for in this section
 Sec. 3. That Section 52 of said act be and it Is hereby amended so as to read as follows: See. 52. It shall be the duty of the attorney general to represent the Railroad Commission in any and all legal proceedings which it may have the power to institute, and which. pursuant to such power, 1t has instituted, and in all legal proceedings against 1t, and to institute Sucn ltRdl proceedings dS SUCH cODlTnlS- sion may request or deem necessary tpro- vided it has the power to institute them), to enforce the provisions of this act or compel obedience to and observance of the same by any person, firm, company or corpoation upon which such obedience or observance Is imposed. And the gov ernor Is hereby authorized and empow- cred 10 employ any special counsel to in- stitute or defend such legal proceedings, or to assist the attorney general therein, and to contract with said special counsel concerning reasonable compensation for his or their services. which compen- sation shall be paid ont of the State treasury, on warrant drawn by the Auditor on the State Treasurer, upon the approval of the Governor. No expenses incurred in any way in any of such pro- ceedings or suits in any investigation by the office expenses of the commission, within the meaning of Section of this act
 Sec. G. That this act shall go into ef. feet immediately upon it's passage and ap- proval.
 Sec [. That all laws and parts of laws in conflict or inconsistent with the pro- visions of this act be and the same are hereby repealed.
 Approved November g. 1907.
 official:
 Frank N. Julian
 Secretary of State. No, 13) AN ACT GIL 16 1o nrovide for the jnspection and exam