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

receive for such transportation If caleu-
lated according TO or based upon the
| rates enjoined or suspended Said bond
shall be collectible, by suit or otherwise,
only by the State of Alabama by the di-
rection of the Governor A failure to file
| with said Railroad Commission any of
the sworn statements provided for in this
| section within twenty days after the
same shall have been demanded in writ
| ing by said Railroad Commission. or a
| failure to give any additional bond in this
section provided within fifteen days after
the same shall have been demanded in
writing by said Commission shall ipso
facto Immediately vacate and render null
and void such injunction or restraining
order or decree without any further or
der of the court or judge granting the
| same, and the rates which, or the en-
| forcement of which, were enjoined re-
| strained or suspended shall at once be
revived and in force. The notices or de-
| mands above provided for in this section
may be given by registered letter adj
dressed to any superintendent or manag-
| ing agent or officer of the company, cor
poration or person at whose instance said
| injunction restraining order was
granted in this State without the
State If the injunction or restraining
| order applied for is for the purpose of
| restraining or suspending the enforce
| mission establishing any rate or rates for
the transportation of passengers or the
enforcement of any order establishing
amy rules. regulations practices or serv-
ices or acts to be observed or performed
by such person, company or corporation.
the bond that shall be required to be
given as a condition precedent to the is
sue of such restraining order or injunc-
ton shall be filed with the clerk of said
court, be payable TO the state of Ala
bama in such sums as the court or judge
granting said order shall fix, and condi-
toned to pay all such damages as any
person. firm company or corporation
shall sustain by reason of the enjoning
or restraining of the enforcement of such
order orders. in the event said injunc-
ton shall be dissolved 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 restrain
/ ing order, may sue on said bond in the
name OF the State of Alabama for his
use and recover such damages 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 injunction
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 Commission, and a copy
of said bond, duly certified by the clerk
of the court. while it is in his custody
or by the secretary or chief clerk OF the
Railroad Commission of Alabama or any
member of said Commission when In its
custody, under the seal of said Commits
sion shall be received in evidence without
| further proof.
| Sec. 80. Any rate or rates affecting the
| transportation of persons or property or
any service, practice whatsoever in
| connection Herewith. fixed by the Com
mission when approved confirmed by
| the Judgment of the circuit court or city
court or chaneery court. shall be and
remain the established rate service. or
| practice and shall be so observed and
regarded by the appealing transportation
company until the same shall be an
nulled suspended by the final judg-
| ment of the Supreme Court, If there shall
be an appeal thereto, or suspended in
| the manner in this act provided or If no
appeal, until changed by the Commission.
Sec. 40. In all suits instituted by trans
portation companies to contest the valid
! ity or fairness and reasonableness of any
rate or order of the Railroad Commits
sion If the trial court shall find that the
rate or order complained of is valid or
| fair and reasonable, its judgment de-
crees shall so declare and shall direct
and order the plaintiff to put said rats
or order in force and observe the same;
and If the Supreme Court shall, upon ap-
peal, affirm the judgment or decree APP
pealed from. or shall by its opinion sus-
tain said rate order, it's Judgment shall
| likewise contain such order.
| Sec. Al If suit shall be instituted.
| as provided in Section 90 of this act, to
contest the validity or fairness or reason
ableness of any rate charge order
established by the Railroad Commission
| q IA hN or
| any rate made the maximum rate by
| statute, within twenty days after the
! date fixed by the Commission for said
| rate established by made the maxi
mum rate by statute has become effective
and the transportation company affected
/ by such rate or order shall fail or refuse
| to put said rate or order in force after
the expiration of said twenty days, 1t
| shall be the duty of the Railroad Com
mission, through its President to certify
| to the Attorney General the fact of such
| failure refusal together with a certi-
| fled copy of the order made by the Com
mission in such matter whereupon 1t
| shall be the duty of the Attorney Cen
| eral some attorney at law by the Gov
ernor appointed for the purpose. to inn
| rnediately apply to any court of compe-
| tent jurisdiction, Judge thereof, in
any county or any circuit in which such
| transportation company may have an
/
| damus or a mandatory injunction to COM
| pei such transportation company to put
! said rate order in force and obey and
| observe the same; and if the court or
| judge shall find that the rate or order of
| the Commission was valid or reasonable
and just. such peremptory mandamus or
mandatory injunction shall be granted
Either party shall have the right to APP
| peal to the Supreme Court from the judg-
| ment of the trial court in such proceed
Ing. said appeal to be taken within thirty
days. If the transportation company de-
sire to take an appeal from the judg-
ment or order of the trial court granting
said writ of mandamus or mandatory in
junction, 1t shall give a. bond with two
sureties, to be approved by the clerk of
said court. which bond shall be In the
and payable the respective bonds pro-
vded for in Section 81 of this act and
the failure of the transportation COM
pany to file the statements or any of
them provided for in said section. as re-
qiuired therein to give the additional
bonds. any of them, required there
in, shall Immediately revive the Judgment
or order appealed from. and said judg-
ment order shall be at once enforced
as other judgments orders of like kind
may be enforced, Notwithstanding said
appeal The Governor shall have author
ity and power to employ or appoint spe-
cial counsel to institute and prosecute
or assist the Attorney General in fns+iflt-