The Montgomery advertiser., 1907-11-15
TEASLEY PROPOSES TO
 GIVE ROADS HEARING.

Said cause shall have precedence over any other action pending in said court, except criminal actions, and shall be tried under the same rules and regu- lations as are prescribed by law for the trial of civil actions in said court, ex- cept that the rates established by stat- ute shall be prima facie presumed to be valid, fair and reasonable. If said court shall decide that the rate or rates complained of are invalid or unfair and unreasonable; 1t shall render a judg- ment or decree annuiling and setting aside the same. The rate or rates complained of in said petition shall re- main in force and be observed as the established rates for the period of thirty days after the rendition of said Judgment; provided, however, that if the Railroad Commission of Alabama shall. before the expiration of said thirty days, sue out an appeal to the Supreme Court from said Judgment or decree. and, after suing out of said appeal. the appellee Railroad Commis- sion shall give bond provided for in Section 10 of this act, then immediate Iy upon giving of said bond the rate or rates complained of shall be suspended and shall remain suspended uatil the final decision of said cause by the Su- preme Court.
 "Sec. 10. Either party may appeal from the judgment or decree of the lower court to the Supreme Court of Alabama, the appeal to be taken within thirty days from the rendition of said judgment or decree, under the same rules and regulations as are prescribed by law for appeals from said court, ex- cept that the Railroad Commission of Alabama, if it shall appeal from a judgment or decree annulling any of said rates, shall not be required to give any security for the cost of said appeal, or to give any bond or undertaking to supersede said judgment or decree. Said appeal of the Railroad C0mmis- sion, without such bond, shall have the effect of superseding said judg- ment or decree, and the rates com plained of or annnlled by said judg- ment or deere shall be and remain the established rates for the transporta- tion of all articles subject thereto, and shall be so regarded and observed uri- til said Judgment or decree is affirmed and the rates complained of annulled by the Supreme Court. unless the ap- police railroad company shall file with the Railroad Commission of Alabama a good and sufficient bond in the sum of $25,O00 in cases where the railroad of the appellee witbin the State is less than fifty miles in. length, and in the sum of $50,000 in eases where said rail- road Is more than fifty miles in length, conditioned to make and file with said Railroad Commission sworn state- ment every three months pending said appeal, showing the article of freight subject to the rates complained~ of or annuIled carried over it's road during the preceding ninety days, together with the names of the shippers and consignees, the dates of shipment, the points of consignment and destination and the frelghts charged and received thereont and conditioned to file an ad- ditional bohd, of like amount and con- ditions, with said Railroad Commis- sion whenever the difference between the aggregate freiglits charged and re- ceived for the transportation of said articles and the aggregate freights which 1t would have been entitled to charge and receive for such transpor- tation if calculated or based on the rates complained of or annulled equals or exceeds the penalty of said bond; and conditional further to pay to the State of Alabama. in the event the said judgment or decree appealedsfrom shall be reversed by the Supreme Court, said difference between the ag- gregate freights charged and received for the transportation of said articles and the aggregate freights which 1t would have been entitled to charge and receive for such transportation if cal culated according to or based upon the rates complained of or annulled, said bond shalf be collectible by suit or otherwise only by the State of Ala bama by direction of the Governor. From tic time the bend first mentioned is filed as aforesaid the judgment ap- | pealed from shall be operative and the rate or rates annulled by said judg-