The Montgomery advertiser., 1907-11-13
RAILROAD MEASURES THAT
 WERE PASSED BY HOUSE

legal proceedings to enforce such
 rates, fares. charges. statutes, or
 .,section I. Be it enacted by the Legislature of Alabama, That neither the Railroad Commission of Alabama nor any member thereof, nor the Att torney-General of Alabama, shall have any power. authorit or duty to en- force by legal proceedings or other wise, any rates or charges for the transportation of freight or passengers over any railroad in this State, which have been or which may hereafter be specifically designated and prescribed by statute, or any prevailing rates for such transportation which have been or which may here after be by statute made the maximum rates, or any rates or charges for such transportation which have been or which may here after be fixed by the Railroad Commis- sion, nor shall the Railroad Comnis- sion or any member thereof. have any power or authority to direct, instruct or request the Attorney-General of Alabama to institute any legal pro- ceedings to enforce such rates or charges or to compel any railroad to put such rates or charges into effect and all power, authority and duty here tofore vested in or conferred on said Railroad Commission or any member or the said Attorney-General to en- force such rates or charges in any manner are hereby divested. and with drawn.
 ..sec. 2. That all laws and parts of laws in conflict with the provisions of this act be. and they are hereby, re- pealed.
 as follows:
 "A bill to be entitled an act, to amend
 Sections 5, 29. 35, Al and 52 of an act
 of the Legislature of Alabama. en-
 titled, An act to create Railroad
 Commission to be known as the
 Railroad Commission of Alabama,"
 define it's duties and powers, and pro-
 vide for its mode of procedure, and
 prescribe penalties for violation of
 it's orders approved February 2s,
 1907.
 ..section i. Be it 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 its mode of procedure, and prescribe penalties for violation of its orders, approved February 23, 1907, be amend ed so as to read as follows:
 
 mission shall receive & salary of $3,50O per annum, and the associate commits sioners shall receive & salary of $5.O0o peri annum, and they may employ a clerk or secretary at salary not ex- ceeding $2,400 per annum, and 8 ste- nographer at a salary not exceeding I,200 per annum, and may employ such experts as may be necessary to perform, any service it may require of them; provided that the amount ex- pended for such experts shall not ex- ceed $5,0O0 in any one year; such sala- ries to be paid as the salaries of other State officials are paid. All money paid out under the provisions of this section, including such sum as may be necessary to procure office furniture and stationery. and to pay other office expenses shall be paid on warrants drawn by the Auditor on the Treasurer; but such office expenses shall not ex- ceed S1,000 per annunl.
 '.Sec. g. That Section 29 of said act be amended so as to read as follows:
 "Sec. 29. That full and complete re- cord of all proceedings before the commission on any investigation had and all testimony therein shall be taken down by 8 stenographer appoint ed by the commission. A copy of such transcript shall be furnished on demand to any party to such investigation or other persons, upon the payment of the cost of transcribing the testimony, not exceeding ten csn.s per folio.
 Sec 3. That Section 35 of said act be and it is hereby amended so as to read as follows:
 ''sec. s5. All rates. fares, charges. classifications and joint rates and or- ders establishing rules, regulations, >=e ettaess CT services hxe ea By s-elsss ecsss- mission, shall be in force, and shall be deemed prima facie reasonable and valid in any court wherein properly drawn in question the reasonableness or validity thereof. and the burden shall be upon the party attacking said rates or orders to show that same are invalid or unfair and unreasonable.
 ''See. q That Section Al of said act be and it is hereby amended so as to read as follows: 2
 Sec. fl. If any transportation conn pany affected by any order of the Rail- road Commission establishing any rule practice or service or any order of such commission, except an order establishing rates 4Qr charges, shall fail or refuse to comply with the re- ouirements 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 power, in it's own name, to apply to any court of competent juris- diction or judge thereof, in any county or circuit in which such transportation company may have an agent, for a writ of mandamus or mandatory injunc- ton to compel such transportation company to put said order in force and obsefve and obey the same. Either party shall have the right to appeal to the Supreme Court from the judgment of the trial court in such proceedings, said appeal to be taken within thirty days. If the transportation company desires to take an appeal from the Judgment or 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, a bond with two sureties, 1t to be approved by the clerk or reg Ister 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 pay able as prescribed by him. The Gov ernor shall have authority to employ or appoint special counsel to institute and prosecute, or assist the Attorney General in instituting and prosecuting. proceedings provided for in this sec tion.
 'sec. 5. That section 52 of said act be and 1t is hereby amended so as to read as follows:
 sSes 52 It shall be the duty of