The Montgomery advertiser., 1907-03-11


 l cate and render null and void such injunction or restraining order or de- cree without any further order of the court or judge granting the same, and | the rates which, or the enforcement of which, were enjoined or restrained or | suspended shall at once be revived and | in force. The notices or demands | above provided for in this section may 1 be given by registered letter address 1 ed to any superintendent or managing | agent or officer of the company, corpo- l ration or person at whose instance said l injunction or restraining order was granted in this State or without the State. If the injunction or restrain ing order applied for Is for the purpose
 of restraining or suspending the en- | forcement of any order of said Rail- road Commission establishing any rate | or rates for the transportation of pas | senRers or the enforcement of any or- | der establishing any rules. regulations practices or services or acts to be ob- served or performed by such person. company. or corporation. the bond that shall be required to be given as a con | dition precedent to the issue of such restraining order or injunction shall be | filed with the clerk of said court, be | payable to the State of Alabama in such sum as the court or judge grant, | ing said order shall fix, and conditioned | to pay all such damages as any per- l son, firm, company or corporation shall sustain by reason of the enjoining or restraining of the enforcement of such order or orders, in the event said in- junction shall be dissolved or vacated
 or for any reason cease to be operative. Any person, firm, company or corporation, who shall sustain
 any loss injury or damage by reason of such injunction or restraining or- der, may sue on said bond in the name
 of the State of Alabama for his use and
 recover such damages as he may have
 sustained, including any overcharge or
 excess rate or charge paid by him on
 account of the suspension of said rates,
 charges or orders. Immediately after
 the dissolution or vacating of said in-
 junction or restraining order or upon
 the same ceasing for any reason to be
 operative and in force. said bond shall
 be delivered to the Railroad Commis-
 sion, and a copy of said bond, duly cer-
 tified by the clerk of the court. while
 it is in his custody, or by the Secre-
 tary or chief clerk of the Railroad Con-
 mission of Alabama or any member of
 said Commission when in its custody,
 under the seal of said Commission shall
 be received in evidence without further
 proof.
 Sec. Ss. Any rate or rates affecting the transportation of persons or prop
 erty or any service, or pactice whatso-
 ever In connection herewith. fixed by
 the Commission, when approved or con-
 firmed by the judgment of the circuit
 court or city court, or chancery court,
 shall be and remain the established
 rate, service. or practice. and shall be
 so observed and regarded by the ap-
 pealing transportation company until
 the same shall be annuIied or suspend
 ed by the final judgment of the Su-
 oh a ha an an
 peal thereto, or suspended in the man.
 ner in this act provided. or if no ap-
 peal, until changed by the Commission.
 Sec 40. In all suits instituted by
 transportation companies to contest the
 validity or fairness and reasonabieness
 of any rate or order of the Railroad
 Commission if the trial court shall find
 that the rate or order complained of is
 valid or fair and reasonable. its judg-
 ment or decrees shall so declare and
 shall direct and order the plaintiff to
 put said rate or order in force and ob-
 serve the same: and if the Supreme
 Court shall upon '...opeal a2frm the
 ,e, usHvNt or decree appealed from ea py us opinion sustain said ra "a contain such order z
 sec. 4l. If no suit shall be fnstftuted as provided in Section 36 of tbi1 aot ~ contest the validity or fairness or rea oS1e'. or any rate or charge or oSet ,,,tsst eStaDllshed by the Railroad Com nilsslon or any rate established hv statute, or any rate made the maxIr,,,y,
 Ste oy statute. within twenty dave aIIer the date fixed by the Commjssion or said rate or order to be and beco,,a itsofIlve or within twenty days aftar
 maxin3ss, me h9 e9sTyaolished "a by or made theta
 effective. and 3k statute has becomm-
 pany affected by ssdhtS1ortation sh carder
 shall fall or refuse fo sue or. rate or
 order in force after the expiration of
 said twenty days. 1t shall be the duty of
 the Railroad Commission. through it's
 President. to certify to the Attorney
 General the fact of sucn failure or re-
 fusal, together with certified copy of
 the order made by the Commission in
 such matter whereupon it shall be the
 duty of the Attorney General or some
 attorney at law by the Governor ap, pointed for the pupose, to immediately apply to any court of competent juris-
 diction, or judge thereof, in any county
 or any circuit in which such transpor-
 tation company may have an agent, for | a peremptory writ of madamus or
 mandatory injunction to compel Juch
 transportation company to put said
 rate or order in force and obey and ob- serve the same; and if the court or judge shall find that the rate or order of the Commission was valid or req SondDle anu Just, Sucn perempJOry man. damus or mandatory injunction shall be granted. Either party shall have
 the right to appeal to the Supreme Court from the judgment of the trial l court in such proceeding, said appeal to | be taken within thirty days. If the
 transportation company desire to take an appeal from the Judgment or order I of the trial court granting said writ ot | mandamus or mandatory injunction, it ] shall give a bond with two sureties, to | be approved by the clerk of said court,
 which bond shall be in the same amount | and with like conditions. and payable
 as the respective bonds provided for in l Section 37, of this act and the failure of | the transportation company to file the l statements or any of them provided for | in said section. as required therein or | to give the additional bonds, or any of i them, as required therein. shall imme-
 diately revive the judgment or order | appealed from, and said judgment or l order shall be at once enforced as other 1 judgments or orders of like kind may i be enforced. notwithstanding said ap. | peal. The Governor shall have author
 ity and power to employ or appoint l special counsel to institute and prose- 1 cute. or assist the Attorney General in l instituting and prosecuting the proceed | ings provided for in this section.
 Sec. AZ. In the trial of any cause l provided for or arising under this act, | or any cause In which is involved the | validity fairness or reasonableness of
 any rate or charge or order of any kin1
 made and established by the Railroad ] Com SS Suph tes ar obar0aS