to transmit record, &c. Appeal to have precedence. How tried. chambers by con sent. and if they shall overrule any one of said exceptions, then such corporation, if it desires to appeal to said Superior Court, shall, within ten days thereafter, give Notice of appeal. notice of appeal to said Superior Court, and the said Commissioners Commissioners shall thereupon transmit to the Superior Court of some county most convenient to all parties interested in said appeal a record of their determinations of the rates of said corporation, with the exception of the company and their decisions thereon, and all the papers and evidence considered by them in making their decison. The said cause shall be placed on the civil issue docket of said Court and shall have precedence of other civil actions, and shall be tried under the same rules and regulations as are prescribed for the trial of other civil causes, except that the rates fixed by the ComAppeals heard in missioners shall be prima facie just and fair: Provided, the appeal may, by consent of the Commissioners and the company, be heard and determined in chambers before any Judge of a district through or into which the railroad may extend, or any Judge holding Court therein. The cause shall be entitled "State of North Carolina on the relation of the Railroad Commissioners against such company." Either party may appeal to the Supreme Court from the judgment of the Superior Court under the same rules and regulations as prescribed by law for appeal, except that the State of North Carolina, if it shall appeal, shall not be required to give an undertaking Advancement of or make any deposits to secure the cost of such appeal; and such Court may advance the cause on their docket. so as to give the same a speedy hearing: Provided, that the rates of freight and fare fixed by the Commissioners shall be and remain the established rates, and shall be so observed and regarded by such corporations, until the same shall be changed, reversed or modified by the judgment of the Superior Court, unless the railroad company shall, within fifteen days, file with said Commissioners a justified undertaking (in a sum to be fixed by said Commissioners) conditioned to pay into the Title of cause. Appeal to Supreme Court. cause on docket. Rates fixed by Commissioners to remain until reversed on appeal, unless company files undertaking, &c. undertaking. ted on filing of vived on failure undertaking. shippers. taking. Treasury of North Carolina the difference between the aggregate freights charged or received and those fixed by said Commissioners, and to make a report of the freights charged or received every three months during the pendency of such appeal, and whenever the aforesaid Additional difference in freights equal or exceed the penalty of such undertaking or undertakings said Commissioners may require another to be executed and filed with them. From the time the undertaking first mentioned is filed as Judgment vacaaforesaid the judgment appealed from shall be vacated, undertaking. but a failure for ten days to file any additional under- Judgment retaking required as aforesaid by said Commissioners shall to file additional eo instanti revive such judgment. Out of the funds paid into said Treasury under this section shall be refunded to shippers the overpaid freight ascertained by Refunding to the final determination of the appeal, on the recommendation of said Commissioners: Provided, application Proviso. therefor is made within one year from such final determination. Said undertaking shall be payable to the Suit on underState of North Carolina and sued on as other undertakings which are payable to said State: And provided further, that such rates fixed by the Commissioners, Rates, when apwhen approved or confirmed by the judgment of the to Superior Court Superior Court, shall be and remain the established rates versed on appeal rates, until re and shall be so observed and regarded by such corporation until the same shall be changed, revised or modified by the final judgment of the Supreme Court if there shall be an appeal thereto. No Judge shall grant an No Judge to injunction, restraining order or other process staying or unless requiring affecting, during the pending of such appeal, the enforce- be filed with ment of any such determination of the said Board fixing rates or fares without requiring as a condition precedent the executing and filing with said Board a justified undertaking in the sum of not less than twenty-five thousand dollars for all companies whose road is of less length than fifty miles and fifty thousand dollars for companies whose road is over fifty miles in length, con- Conditions of ditioned that the company will make and file with said proved on appeal to be established to Supreme court. grant injunction undertaking to Commissioners, &c. undertaking. Additional undertaking. When injunction to be deemed vacated, &c. Board a sworn statement every three months, during the pending of said appeal, of the items of freight, with names of shippers, carried over said company's road within the preceding ninety days, showing the freight charged and those fixed by said Board, and that in the event the determination of said Board appealed from is affirmed in part or in whole the said company shall within thirty days pay into the Treasury of North Carolina the aggregate difference between the freights collected and those fixed by the final determination of the matter appealed. Whenever the aggregate difference between the freights collected and those fixed by the Board shall equal or exceed the sum specified in said undertaking, the said Board shall notify the appellant or appellants that another justified undertaking in like sum and with the same conditions as aforesaid is required to be executed and filed with said Board. A failure to file with said Board the sworn statement provided for in this section or any one of them when more than one is required or asked for, or a failure to give an additional undertaking when required within fifteen days from notice so to do, shall vacate and render null and void any restraining order, injunction or other process to stay the enforcement of any determination of said Board as Action on under- to schedules of rates, etc. When any of the conditions of such undertaking or undertakings are broken the said undertaking or undertakings may be sued on and enforced in the name of the State of North Carolina on the relation of the Attorney General by summons returnable to the Superior Court of any county in the State at a regular term thereof. In cases where the sworn statements herein required to be made are not made the whole penalty of the undertaking or undertakings shall be Reimbursement enforced and paid into the State Treasury. The sums paid into the Treasury under the provisions of this section shall be used to reimburse the shippers of freights for the excess of freights paid over what should have been paid, such reimbursements to be made on recom taking. of shippers. recovery on un. ecute action. ral to prosecute preme Court. mendation of said Board: Provided, application therefor Proviso. is made within one year after the determination of the appeal in which the undertaking or undertakings were given. The recovery in each undertaking shall be Application of applied as aforesaid to such excess of freights as is paid dertaking. during the period covered by such undertaking. The Solicitor of the district shall prosecute the action in his Solicitor to prosCourt on behalf of the State, and shall be allowed such fees, to be taxed in the bill of costs, as the Court may order; and the Attorney General shall prosecute on Attorney Geneappeal to the Supreme Court on behalf of the State and on appeal to Sushall be allowed such fees, to be taxed in the bill of costs, as the Court shall allow. Each railroad corpora- companies to file tion or other company as hereinbefore named shall, with Commis within thirty days after the organization of the Commis- thirty days after sioners, file with said Commissioners a schedule of their rates of charges for freight and passenger tariffs, and the said Commissioners are authorized and required to pub- commissioners lish the said rates or a summary thereof in some convenient form for the information of the public and quarterly thereafter the changes made in said schedules if they deem it advisable. schedule of rates sioners within organization. to publish. missioners. SEC. 8. That it shall be the duty of said Commis- Duties of Comsioners in the discharge of their duties under this act to investigate the books and papers of all the railroad companies doing business in the State, to ascertain if the rules and regulations aforesaid have been complied with and to make personal visitations of railroad offices, stations and other places of business for the purposes of examination and to make rules and regulations concerning such examinations, which rules and regulations shall be observed and obeyed as other rules and regulations. Said Commissioners shall have full power and authority Empowered to to examine all officers, agents and employees of said &c., under oath, railroad companies and other persons, under oath or otherwise, in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs and to ascertain if such rules and regulations examine officers, &c. Contracts be tween railroad rates to be submitted to Commissioners, &c. are observed or violated, and to make necessary and proper rules and regulations concerning such examinations, and which rules and regulations herein provided for shall be obeyed and enforced as all other rules and regulations provided for in this act. SEC. 9. That all contracts and agreements between companies as to railroad companies doing business in this State as to rates of freight and passenger tariffs shall be submitted to said. Commissioners for inspection and correction that it may be seen whether or not they are a violation of law or of the provisions of this act, or of the rules and regulations of said Commissioners; and all arrangements and agreeof earnings to be ments whatever as to the division of earnings of any Arrangements, &c., for division submitted, &c. to make necessary rules, &c. Agreement not approved by to be deemed violation of this act. kind by competing railroad companies doing business in this State shall be submitted to said Commissioners for inspection and approval in so far as they affect rules and regulations made by said Commissioners to secure to all persons doing business with said companies just and reasonable rates of freight and passenger tariffs, and said Commissioners Commissioners may make such rules and regulations as to such contracts and agreements as may then be deemed necessary and proper, and any such agreements not Commissioners approved by such Commissioners, or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers, shall be deemed, held and taken to be violations of this act and shall be illegal and void. SEC. 10. That if any railroad company doing business in this State by its agents or employees shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners, and if, after due. notice of such violation, given to the principal officer thereof, if residing in the State, and if not, to the manager, or superintendent, or secretary, or treasurer, if residing in the State, and if not, then to any local agent thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation as may be directed by said Commissioners shall not be made within thirty days from the time of such notice Penalty against company violating rules and failing to make recompense. |