The Montgomery advertiser., 1907-12-20
GENERAL. LAWS
Enacted by the Legislature of Alabama.

ol0tu1C VI R10UesA11ess
 for the first conviction, and on the second and every subsequent convic- tion. in addition to the fine which may be imposed, shall be confined at hard labor for the County for not less than three nor more than six months.
 Sec II. That all laws or parts of laws in conflict with this Act. be and the same are hereby repealed. Provid- ed, however. that nothing in this Act shall operate to repeal any of the local or special acts of the General Assem- bly, or Legislature of Alabama pro- hibiting the sale or other disposition of any of the liquors mentioned in the first section of this act, but all such acts shall continue in full force and eff feet and in concurrence herewith and indictments or prosecutions may be had either under this act or any special or local act relating to the same sub ject, but no one shall be prosecuted more than once on the same offense
 Sec. 12. That the provisions of this act shall not prohibit the social serv- ing of liquors and beverages mention ed in this Act in private residences in ordinary sociaf intercourse.
 Sec 13. The provisions of this Act shall, except as herein otherwise ex- pressly provided, become effective on the first day of January, 1909; Pro- vided that in all counties in which an election shall have been held on or be- fore the 18th day of December 1907. under the provision of the County Local Option Law approved February goth, 1907 to determine whether or not liquors shall be sold therei9 under any act of the Legislature of Alabama heretofore passed, at which election it shall have been determined that trxx,n el,o N .zII L.. a1I counties wherein the sale of liquors is now prohibited by any law in the en- tire county, this act shall take effect January 1, 1908, except as to the manu- facturing of such liquors in said coun- ties which have voted against the sale of liquors under the said County Local Option Law approved February 26th, 1907, and as to such manufacturing in said Counties which have so voted as aforesaid this act shall take effect the first day of July, 1908.
 Approved November 23. 1907.
 Official.
 Frank N. Julian.
 Secretary of State.
 No. 2s.) AN ACT (H. Sy. To provide for and authorize ap-
 peals from any action or order of
 the Railroad Commission of Ala
 bama affecting or relating to, or
 reducing or increasing or refusing
 to increase, any rate, fares or
 charges by common carriers for the
 transportation of property, freight
 or passengers, specifically pre-
 scribed by statute, or made the
 maximum rates by statute, or es-
 abolished by said Railroad Com
 mission.
 Section 1. Be it enacted by the Leg islature of Alabama, That from any final action or order of the Railroad Commission to which any common car- Tier or railroad corporation is party, affecting or relating to, or reducing or increasing Or refusing to increase, any rates, fares or charges for the trans portation of freight, property or pas sengers which have been, or which may hereafter be, specifically pre- scribed by statute, or any such pre- vailing rates,. fares or charges which have been, or which may hereafter be, by statute made maximum rates, fares or charges, yor any rates, fares or charges which have been or which may hereafter be fixed by the railroad com mission. or affecting or relating to any schedule, or part or parts of any sch ed . ule. of such rates, fares ore charges, an appeal may be taken to the chan cery court. or other court having OAAhSCNX JuNtHulCLIOh or MOnTKOIQGrY county. Alabama, by the common car- Tier or railroad corporation whose rates, fares or charges are affected, or by the State of Alabama. Such appeal shall be taken within thirty days from the date of said action or order, and shall be granted as matter of right and be deemed perfected by the filing with the railroad commission of se- curity for te costs of said appeal. when the appellant is a common car rier or railroad corporation, and by the hling of notice of appeal when the ap- pellant Is the State of Alabama. Within sixty days after the perfecting of the appeal as aforesaid the Railroad Com mission, through It's president or any member thereof, shall certify to the appellate court under the seal of the commission a complete record or tran script of all the proceedings had be- fore 1t including all orders and plead- ings, together with a transcript of all the oral testimony and the original or a transcript of, all documentary evidence taken in the proceeding in which the order appealed from was made. When the appeal is taken by the State of Alabama from an order increasing any rates the common car- rier or railroad corporation whose rates are affected shall be the appellee, and when the appeal is taken by the com- mon carrier or railroad corporation the Railroad Commission shall be the ap- pellee. The trial of said appeal in the appellate court shall be denovo, but the transcript of the testimony and documentary evidence taken before the commission shall be admissible in evil dence at the instance of either party and either party shall have the right to introduce any additional legal evil dence; provided. however, that the ac- tion or order appealed from shall be prima facie presumed by the court to be just, reasonable and correct and the burden shall be on the party appeal ing to prove the contrary by clear and satisfactory evidence. The appel late court shall have no power to mod fly said action or order appealed from but shall either affirm or reverse the same. In the trial of said cause either party may introduce evidence tending to show the validity. fairness or req condolences, or the contrary, of the rates, fares or charges sought to be established.
 Sec. 2. No such appeal shall stay or supersede the order or action appealed from unless the apellate court, or judge thereof, upon hearing and mo- tice, after consideration of the testi- mony taken before the commission,