The Montgomery advertiser., 1909-09-16

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 Frank N. Julian.
 Sec'y of State.
 No. 42.) AN kCT (H. l4. To provide for and authorize appeals
 from any action or order of the Railroad Commission of Alabama reducing pr increasing or refusing to increase any rates, fares, or charges by common carriers for the transportation of property
 freight or passengers, specifically
 prescribed by statute, or made the
 maximum rates by statute, or es- ,tablished by the Railroad Com
 mission.
 Section l. Be it enacted by the Leg islature Of Alabama, That from any final action or order of the Railroad Commission to which any common car rier is a party, reducing or increasing or refusing to increase any rates, fares or charges for the transportation of freight. property or passengers, which have been or which may here after be, specifically prescribed by stat ute, or any such prevailing rates. fares or charges which have been or which may hereafter be by statute made the maximum rates, fares or charges, or any rates, fares or charges which have been or which may hereafter be fixed by the railroad companies, or affecting or relating to any schedule, or parts of any schedule, of such rates, fares or charges. an appeal may be taken to the chancery court or other court having chancery jurisdiction, of Mont gomery County, by the common car rier, whose rates, fares or charges are affected. or by the State of Alabama Such appeal shall be taken within thirty days from the date of said action or order, and shall be granted as Q matter of right and be deemed per fected by the filing with the Railroad Commission of security for costs of said appeal when the appellant is the common carrier and by the filing of notice of appeal when the appellant Is the State of Alabama. Within thirty days after the perfecting of the ap- peal as aforesaid, and sooner. if practi- cable, the Railroad Commission, through its president or any member thereof, or its secretary, shall certify to the appellate court, under the seal of the Commission, a complete record or transcript of all the proceedings had before 1t, including all orders and pleadinxs, together with 8 transcript of orai testimony and the original. or 6 transcript of all documentary evil dence taken in the proceeding in which the order appealed from was made. The time for certifying said transcript to said appellate court may be extended bv an order of the chancellor or judge thereof for good cause shown. When the appeal Is taken by the State of Alabama from an order increasing any rate, the common carrier whose rates are affected shall be the appellee, and when the appeal Is taken by the com mon carrier, the Railroad Commission shall be the appellee. The trial or said appeal In the appellate court shall he de novo, but the transcript shall be admissible in evidence at the instance of either party and either party shall have the right to introduce any addi- tionaI legal evidence; provided. how aver that the action or order appealed from shall be prima facie presumed by the court to be just, reasonable and cor ract and the burden shall be on the party appealing to prove the contrary hv clear and satisfactory evidence. The annellate court shall have no power to modify said action or order appealed from. but shall either afirm or annul and vacate the same. In the trial of aatd cause, either party may introduce evidence tending to show the validity. fairness or reasonableness. or the con- trary. of the rates, fares or charges sought to be established.
 Sec. ?. No such appeal shall stay or supersede the order or action ap- pealed from unless the appellate court or tudge thereof. upon hearing and notice after consideration of the tes- timony taken before the commission, shall so direct. If the appeal be from an order of the Commission reducing or refusing to increase such rates, fares or charges, or any of them. or any schedule, or part or parts of any sched- uIe of such rates fares or charges. the appellate court or judge thereof, sbsu not so direct or order a super sedeas or stay of action or order ap- healed from without requiring as e condition precedent to the granting of said supersedas that the common car ',,,ta and file with the clerk of said