or refusal together with a certified copy of the order made by said Commission in such matter, whereupon it shall be the duty of the attorney-general or some attorney at law, to be by him appointed, to immediately file in the circuit, chancery, city court or court of like jurisdiction, appropriate pleadings in the way of complaint, petition, or bill as may be in accordance with the rules of pleading and practice in such cases, or cases of similar nature, setting out the name and the style of the case heard before the railroad commission, the relief asked for, and the order of the Commission granting such relief, or if such order is made by the Commission on its own motion, such statement shall simply set out the order of the Commission, the name of the railroad or railroads to which such order was directed, with the averment that said railroad or railroads have refused or failed, within the time required by such order to comply therewith, and conclude with the prayer that such railroad or railroads be compelled by mandamus or injunction to carry out said order of the Railroad Commission. [Laws of 1903, No. 94, section 25.]

That upon the trial of said cause the order of the railroad commission shall be prima facie evidence that the thing ordered to be done was correct, reasonable, and just, and the burden of showing that such order is not correct, reasonable and just shall

be

upon the railroad or railroads failing or refusing to comply with the order of said Railroad Commission. [Ibid, section 26.]

That upon the final hearing of said cause either party may appeal within thirty days from the judgment of said court to the Supreme Court of Alabama. Said Railroad Commission may take such appeal without filing any bond. But said railroad or railroads shall, before taking such appeal, be required to enter into bond with good and sufficient security in such sum as may be required by the judge of the court trying such case, and which, in the judgment of said judge, may be sufficient to pay the costs of said suit and all damages growing out of said suit to any person by reason of the delay of the enforcement of

the order of said Railroad Commission, and said bond to be approved by said judge of said court. [Ibid, section 29.]

§ 1283. Arkansas.

The Commission shall institute such action and actions for the recovery of the penalties prescribed in this act, through the prosecuting attorney of the proper district, and no such suit shall be dismissed or compromised without the consent of the court and of said commissioners; and the prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five per cent. of the amount collected; and if any prosecuting attorney shall neglect for fifteen days after notice to bring suit, the Commission may employ some other attorney at law to bring the same, who shall be allowed a fee therefor to be fixed by the court, not to exceed twenty-five per cent. of the amount collected, and in such case the prosecuting attorney shall not interfere: Provided, That in all trials of cases brought for a violation of any tariff charges by said Commission, it may be shown in defense that such tariff so fixed was unjust. [Digest of Statutes (1904), section 6380.]

If any person or corporation operating a railroad or express company in this State, or any receiver, trustee, or lessee of any such person of corporation as aforesaid, shall violate any of the provisions of said act, or aid or abet therein, or shall violate the tariff of charges as fixed by the Commission, or any of the rules regarding railroads or express companies as made by said Commission, and for which there is no other penalty prescribed in this act, such person or corporation, or receiver, trustee, or lessee shall be liable to a penalty not less than five hundred nor more than three thousand dollars for each violation of this act, or such tariff of charges or rules and regulations, and such penalty may be recovered by an action to be brought in the name of the State of Arkansas, in the county in which such violation. may occur. The Commission shall institute such action and actions for the recovery of the penalties prescribed in this act,

through the presecuting attorney of the proper district, and no such suit shall be dismissed or compromised without the consent of the court and of said commissioners; and the prosecuting attorney shall be allowed a fee by the court not to exceed twentyfive per cent. of the amount collected, and if any prosecuting attorney shall neglect for fifteen days after notice to bring suit the commission may employ some other attorney at law to bring the same, who shall be allowed a fee therefor to be fixed by the court, not to exceed twenty-five per cent. of the amount collected, and in such case the prosecuting attorney shall not interfere: Provided, That in all trials of cases brought for a violation of any tariff charges by said commission, it may be shown in defense that such tariff so fixed was unjust. [Ibid, 6831.]

1284. Florida.

The said railroad commissioners are hereby vested with judicial powers to do or enforce or perform any function, duty, or powers conferred upon them by this act to the exercise of which judicial power is necessary. [Laws of 1899, ch. 4700 (No. 39), section 22.]

Appeals by either party shall be from judgments, orders, and decrees of inferior courts in all suits and cases brought under the provisions of this act to the same extent that appeals lie in similar suits and cases brought under any other law in this State, and not otherwise. [Ibid, section 23.]

$1285. Indiana.

If any railroad company or other corporation or party in interest shall be dissatisfied with any rate, classification, rule, charge, or general regulation made, approved adopted, or ordered by the Commission, such dissatisfied company or party may, within sixty days after any such action has been taken by the Commission, procure from the secretary of the Commission, whose duty it shall be to furnish the same, a complete transcript of all the proceedings of the Commission relative thereto,

and if he or it so desires a copy of all the evidence heard or considered by the Commission at the hearing at which such action or decision was made, which evidence shall be incorporated into such transcript, and such dissatisfied company or party may file said transcript, with a concise written statement of its or his causes of complaint against the action of the Commission, in the office of the clerk of the appellate court of Indiana within thirty days after procuring the same and not later than ninety days after the action of the Commission complained of has been spread upon its records. Said complaining company or party shall, at the time of filing such transcript, give or cause to be given to said Commission written notice thereof, and shall, within five days thereafter, file proof of such notice in the office of said clerk of the appellate court, who shall, ten days thereafter, or upon the appearance of said Commission to said appeal, place said cause upon the docket of the said appellate court for hearing and determination. The commission shall be made a party to such proceeding in the appellate court and shall defend the same. [Laws of 1905, ch. 53, section 6.]

Provided, however, That if at the time of filing a transcript in the office of the clerk of the appellate court of Indiana, as provided in section 6, appealing from the action of said Commission in fixing or changing any rate or charge of any common carrier for the transportation of freight or passengers, the railroad company or other common carrier filing such petition shall also file a bond in such amount as shall be fixed by the court and with surety to the satisfaction of such court, conditioned for the payment to the commission for the use of all persons who may be injuriously affected by such proceeding, of any and all amounts in which any of such persons may be damaged thereby, and for the refunding to each shipper or passenger of all overpayments of freight or passenger charges made by him to such complaining carrier pending such proceeding, and for the prompt payment of all penalties provided for herein, to which any or all such shippers may be entitled, then, in such case the

said complaining carrier may charge to and collect from all shippers of freight and all passengers on its said line or lines, the same rate for freight received by it and transported, or the same passenger rate that existed before the making of the order by the said Commission which is complained of in said proceeding until such proceeding is finally determined by said court. [Ibid, section 6 1-2.]

§ 1286. Kansas,

In case any railway company shall charge and receive any rate for the transportation of freight in excess of the rate authorized by the board of Railroad Commissioners, and if the rate authorized by the board of Railroad Commissioners shall be reasonable and just, then said railroad company shall repay the amount so charged or received in excess of the rate fixed by the board of railroad commissioners, on demand therefor; and in case of failure to repay any such amounts within thirty days after such demand, the amount thereof may be recovered together with reasonable attorney fees in an action brought for that purpose in any court of competent jurisdiction: Provided, That if such railroad company shall within thirty days after such decision or determination by said board bring suit to test the reasonableness of such rates, no suit shall be brought for said excess until such rates have been adjudicated. [Laws of 1905, ch. 340, section 9.]

$1287. Louisiana.

If any railroad, express, telephone, telegraph, steamboat and other water craft, or sleeping-car company, or other party in interest, be dissatisfied with the decision or fixing of any rate, classification, rule, charge, order, act, or regulation, adopted by the Commission, such party may file a petition setting forth the cause or causes of objection to such decision, act, rule, rate, charge, classification, or order, or to either or all of them, in a court of competent jurisdiction, at the domicile of the Commis