The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-29
OKLAHOMA CONSTITUTION.
Continued from Fourth Page)

lNu dkfl
sition of the appeal; but prior to the
final reversal thereof by the SUI
preme court. no action of the com.
mission prescribing or affecting the
rates, charges or classifications of
traffic Of any transportation or trans
mission company shall be delayed,
or suspended in It's operation, by rea.
son OF any appeal by such corpora.
tion or by reason of any proceeding
resulting from such appeal, until a
suspending bond shall first have been
executed and filed with, and approved
by, the commission Tor approved on
review by the supreme court). pay.
able TO the state, and sufficient I'm
amount and security to insure the
prompt refunding by the appealing
corporation to the parties entitled
thereto, of all charges which such
company may collect or receive, pend.
ing the appeal, in excess OF those
fixed, or authoril d by the final de.
cision OF the court or appeal. The
commission, upon the execution OF
such bond. shall forthwith require
the appealing company, under penal
ty of the immediate enforcement
(pending the appeal and notwithstand.
ing any supersedeas) of the order or
requirement appealed from, to keep
such accounts and TO make to the
commission, from time to time. such
reports. verified by oath, as may I'm
the judgment of the commission, suf.
flee to show the amount being charg.
ed or received by the company, pend
ing the appeal, in excess OF the
charge allowed by the action of the
commission. appealed from, together
with the names and addresses of the
persons to whom such overcharges
will be refundable in case the charges
made by the company, pending the
appeal, be not sustained on such ap.
peal; and the commission shall also,
from time to time, require such com.
pany, under like penalty, to give ad-
ditional security on, or TO increase
the said suspending bond whenever,
In the opinion of the commission, the
same may be necessary to insure the
prompt refunding of the overcharges
aforesaid. Upon the final decision of
such appeal, all amounts which the
appealing company may have collect
ed. pending the appeal. in excess of
that authorized by such final decis-
ion. shall promptly be refunded by
the company TO the parties entitled
thereto. in such manner and through
such methods OF distribution as may
be prescribed by the commission or
by law. All such appeals, affecting
rates. charges, or classifications OF
traffic, shall have precedence upon
the docket OF the supreme court, and
shall be heard and disposed OF
promptly by the court. irrespective Of
its place OF session, next after habeas
corpus and state cases already on
the docket of the court.
Sec. 22. In no case OF appeal from
the commission. shall any new or ad-
dtional evidence be introduced In the
supreme court. but the chairman OF
the commission, under the seal of the
commission shall certify to the SUI
preme court all the facts upon which
the action appeal from was based
and which may be essential for the
proper decision Of the appeal. togeth-
er with such of the evidence introduc-
ed before or considered by the com
mission as may be selected, specifi-
ed, and required 10 be certified, by
any party In interest, as well as such
other evidence, so introduced or con-
sidered as the commission may deem
shall, whenever an appeal is taken
therefrom file with the record OF the
case, and as a part thereof, a writ
statement OF the reasons up IN
snich the action appealed from was
,ased, and such statement shall be
.ead and considered by the supreme
court, upon disposing of the appeal.
The supreme court shall have juris
diction, on such appeal, to consider
and determine tn, 'easonableness
and justness of the action Of tho
commission appealed from, as well rs
any other natter arising under such
appeal: Provided, however. That the
action OF the commission appealed
from shall be regarded as prima facic
Just, reasonable and correct; but the
court may, when it deems necessary
in the interest Of justice, remanu n
the commission any case pending on
appeal and require the same to be