The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

out In the same manner as other mo-
neys belonging to said fund are paid
out.
9. That in the event the county so
licitor' Is temporarily absent or dis.
qualified for any cause the Judge OF
the County Court of said County shall
appoint a solicitor pro tempore, who
shall have and exercise all power of
the County solicitor while so acting.
2. That said county solicitor before
entering upon any Of the duties of
his ONCE shall take and file the oath
of office required of Circuit Solicitors.
8, That all laws and parts Of laws
in conflict with the provisions Of this
act be, and the same are. hereby re-
pealed. -
Approved Aug. 10Th. 1909.
onlciaL
Frank N. Julian,
Secretary of State. -C
No. 2s., AN ACT (H II.
To amend Section of<an Act approved
Nov. 90. 1907. entitled IAN Act to
amend Sections 8. 20, IS, ~ and So
of an Act OF the Legislature of
Alabama. entitled An Act to Gre
ate a Railroad Commission to be
known as the Railroad Commission
Of Alabama. define its duties and
PVWSAS - dHo " prONtuc Iot Ato uioae
OF procedure, and prescribe penal
ties for violation of Its orders. APP
proved Feb. 20. 1907"
Section /. Be 1t enacted by the Leg
islature Of Alabama, That Section of
an Act, approved Nov. %, 1897. en-
titled IAN Act to amend Sections s. 80.
35. II and Sc of an Act OF the Legisla-
ture Of Alabama entitled AN Act Ito
create a Railroad Commission. to be
known az the Railroad Commission of
Alabama, define its duties and powers,
and to provide for It's mode OF proce-
dure and prescribe penalties for vio-
lation of Its orders. approved Feb. s .
1907" be and the same Is hereby
amended SO as to read as Follows: Sec.
=. That Section Al of said act be, and
IL Is hereby. amended SO as to read as
follows: II any common carrier sub
ject to the supervision and control OF
the Railroad Commission. affected by
any order of the Railroad Commission
establishing any rules, regulation.
practice or service. or establishing any
rate for the transportation Of property
or passengers, or IL any such common
carrier affected by any rate established
by statute or made the maximum rate
by statute, shall fail or refuse to COM
ply with the requirements of the Rail-
road Commission with respect to said
order, and said failure or refusal shall
continue for ten days, or shall fail or
refuse to put in force said statutory
rate or said rate made the maximum
rate by statute. and such failure or
refusal shall continue for twenty days,
the Railroad Commission shall have the
power to apply In its own name to
any court of competent Jurisdiction.
or to any Judge thereof, In any county
or circuit In which such common car
rier may have an agent, for a writ OF
mandamus or Injunction, or to institute
In such court any appropriate proceed
ing to compel such common carrier 70
put in force such order or such rate
and observe and obey the same. Either
party shall have the right to appeal
to the Supreme Court from the tudg-
ment or decree of the trial court in.
such proceedings, said appeal to be
taken within thirty days from the rem
dition OF such judgment or decree. II
the common carrier desires to take an
appeal from the judgment or decree OF
the trial court and to supercede the
same, 1t shall give in addition to secur-
ity for costs. a bond with two sureties.
to be approved by the clerk or regis
ter of the court, which bond shall be
in the amount and with the conditions
to be prescribed by the Judge or chan
cellor, and the same shall be payable
as prescribed by him.
Sec,e q. That all laws and parts Of
laws In conflict or inconsistent with
the provisions Of this act be, and the
same are hereby. repealed.
Approved Aug. 20, 1903.
oficial:
Frank N. Julian.
Secretary OF State.
No. 500 AN ACT. Oh. 1s.
To repeal an Act entitled IAN act to
prohibit railroads and other common
carriers, or terminal companies. or
other companies or persons controlling
access to regular trains carrying pas
sengers by the use OF fences, gates.
bars, or by any means Whatsoever ny
any person desiring to take passage on
said train between points within THIS
state when such person has ohered TO
purchase ticket at the rate prescribe
I'd by statute. or fixed by the railroad
and the sale OF such tick
ct at such rate has been refused: TO
prescribe the penalty for violation
thereof, the period within which pro-
ceedings may be instituted to recover
such penalties. and the procedure for
the recovery of the same. Approved
December 8. 1907
Section /. Be it enacted by the Legis-
Iature OF -AIapdiAA tIiAt III <AGh cubAtAS0e
IAN act to prohibit railroads and other
carriers. or terminal compan-
les. or other companies or persons con-
trolling access to passenger trains
from preventing access to regular
trains carrying passengers by the use
of fences, gates, bars or by any means
whatsoever, by any person desiring to
take passage on said trains. between
points within this State. when such
person has offered to purchase a ticket
at the rate prescribed by statute or
fixed by the railroad commission, and
the sale of such tick ct at such rate has
been refused; and prescribe the penalty
for violation thereof. the period within
which proceedings may be instituted
to recover such penalties and the pro-
cedure for the recovery of the sanes"
approved Dec, 3. 1907. be and the
same In hereby repealed
Approved August 20. 1909.
ofiiciaL -
Frank N. Julian.
Secretary OF State.
No. ILL AN ACT Oh. zee.
To amend Section $3.50 of the Code of
Alabama.
Be 1t enacted by the Legislature of
Alabama, That Section 6263 of the Code
Of Alabama be amended SO as to read
as follows: 6262. Defendants Ball on
Appeal.-If the conviction is for an
offense which is not punished capitally
or by Imprisonment for a term not ex-
ceeding five years, the Judge or court
must also direct the clerk of the court