The Montgomery advertiser., 1907-12-20

No. 1a) AN ACT (H. 1e To provide for the inspection and ex
 animation of the books. papers,
 documents. accounts. memoranda,
 records and contracts of common
 carriers which, or the omcers.
 agents and employees Of which. are
 parties to any suit wherein Is or
 may be drawn in question the va-
 lidity, fairness or reasonableness
 of any rates or charges established
 by statute or the .Railr9ad Com
 mission or made the maximum rates
 by statute or the statutes or orders
 establishing such rates for the
 transportation of passengers,
 freight and property between points
 in this State; to provide for the
 procedure to obtain an order for
 such inspection and examination,
 and prescribe penalties for the fall
 ure or refusal of the carrier, or its
 officers. agents and semployes, to
 allow such inspection and examina-
 tion.
 Section 1. Be it enacted by the Leg islature of Alabama, That in any suit at law or in equity, civil or criminal, hereafter instituted or now pending, and in any suit pending on appeal rom an order of the Railroad Commission In any court of record of law or equity in this State, wherein is drawn or may be drawn in question the validity, fair ness, or reasonableness of any maxi mum rates or charges established by statute or by the Railroad Commission, or rates made the maximum rates by statute, or wherein is or may be drawn in question the validity of the statute or order establishing such rates. for the transportation of passengers, freight or property between points within this State. in which suit a common carrier or railroad corporation. or person, com pany, corporation, trustees, receiver. or lessee operating a railroad in this State, or any director. ofiicer. agent or employe of such carrier, railroad cor poration. person, compsny, corporation, trustee, receiver or lessee Is party, when a petition or motion is filed by the party, or any of the parties opposed in interest to said carrier, railroad cor poration, person. company, corporation, trustee. receiver or lessee, or any di- rector officer, agent or employe of such carrier, railroad corporation. person. company corporation. trustee, receiver or lessee, stating that in the belief of the petitioner an examination or in- spection of the books, papers, docu- ments records, accounts, memoranda, contracts. or either of them, of said carrier. railroad corporation, person. company corporation, trustee. receiver. OF lessee operating said railroad, Is necessary TOT tHe pTopef pIepdTdbloH and trial of said cause and determine tion of the issue or issues therein yer flied by the affidavit of said party filing the same or his attorney of record, the court or any judge thereof shall have power and authority. and 1t shall be the duty of said court or judge. to grant an order requiring said carrier or railroad corporation or person. com pany, corporation. trustee. receiver or lessee operating the road. to submit all of It's books, papers, documents. re- cords, accounts. memoranda, and con tracts to the inspection and examina- ton of the party filing said petition, or his attorney of record. and of any ex- pert accountant or accountants spe- clhcally named in said order and any assistants who may be selected by the person or persons so named.
 Sec. ?. Upon the granting of said order, the person or persons named in said order and his or their assistants,