sion, against said Commission as defendant, and either party to said action may appeal the case to the Supreme Court of the State, without regard to the amount involved, and all such cases, both in the trial and appellate courts, shall be tried summarily, and by preference over all other cases. Such cases may be tried in the court of the first instance either in chambers, or at term time; Provided, All such appeals shall be returned to the Supreme Court within ten days after the decision of the lower court; and where the Commission appeals, no bond shall be required. [Constitution (1898), article 285.]

§ 1288. Minnesota.

Any party to a proceeding before the Commission and affected by any order thereof not administrative, or any party affected by the order, or the attorney-general, may appeal therefrom to the District Court of the county in which the complainants or a majority of them, reside, or in case none of them reside in the State, to the District Court of any county in which the carrier or warehouseman, if a corporation, has an office, agent, or place of business, at any time within thirty days after service of such order upon him as in this chapter provided by service of written notice of appeal upon the secretary of the Commission. Such secretary shall thereupon file with the clerk of such court all papers and records in the proceeding. [Revised Laws (1905), section 1971.]

Upon filing such notice with proof of service with the clerk, the matter shall be pending as a civil action in such court. The court shall try the case de novo and render such order therein as may be just and proper, which shall stand in place of the original order. No such appeal shall stay or supersede the order appealed from, unless the court, upon hearing and notice to the adverse party, shall so direct. [Ibid, section 1972.]

Any party to an appeal or other proceeding in the District Court under the provisions of this chapter may appeal from the final judgment, or from any final order therein, in the same

cases and manner as in civil actions. No bond shall be required from the Commission, and no such appeal shall stay the operation of such order or judgment unless the District or Supreme Court shall so direct, and unless the carrier appealing from a judgment or order fixing rates for transportation of persons or property shall give bond in a sum and with sureties approved by a judge of the court ordering the stay, conditioned that the appellant will refund to the person entitled thereto any amount received for such transportation above the amount finally fixed by the court. Any person paying such excessive charges shall have a claim for the excess, whether paid under protest or not, and, unless refunded within thirty days after the written demand made after final judgment, may recover the same by action against such carrier, or such carrier and the sureties on such bond. The appeal may be filed in the Supreme Court before or during any term thereof, and shall be immediately entered on the calendar and heard upon such notice as the court may prescribe. [Ibid, section 1980.]

In Steenerson v. Gt. Northern Ry., 69 Minn. 353, 72 N. W. 713, B. & W. 333 (1897), it was held that the fixing of rates was a legislative or administrative act, not a judicial one, and under the Constitution the court cannot place itself in the position of the Commission, and try de novo the question what are reasonable rates; but upon appeal the court should only seek to know whether the rates fixed by the Commission are unreasonble and confiscatory.

Later in State ex rel. v. Minneapolis & St. L. R. R., 80 Minn. 191, 83 N. W. 60 (1900), it was said that the rates made by the Commission were prima facie reasonable, the burden being upon the carrier to prove the contrary; but the carrier, it was held, was entitled to an examination into the facts of the case, in the course of which evidence de novo might be taken.

§ 1289. Mississippi.

The Commission may apply to the Circuit or Chancery Court, by proper proceeding, for aid in the enforcement of obedience to its process, and to compel compliance with the law and its lawful orders, decisions and determinations; and said courts

shall have jurisdiction to grant aid and relief in such cases, subject to right of appeal to the Supreme Court by the party aggrieved. [Annotated Code (1902), section 4286.]

1290. Missouri.

Where the complaint involves either a private or a public question as aforesaid, and the commissioners have made a lawful order or requirement in relation thereto, and where such common carrier, or the proper officer, agent or employee thereof, shall violate, refuse or neglect to obey any such order or requirement, it shall be lawful for the board of railroad commissioners, or any person or company interestd in such order or requirement, to apply in a summary way, by petition, to any circuit court at any county in this State into or through which the line of railway of the said common carrier enters or runs, alleging such violation of said obedience, as the case may be; and the said court shall have power to hear and determine the matter on such short notice to the common carrier complained of as the court shall deem reasonable. And such notice may be served on such common carrier, its officers, agents, or servants in such manner as the court may direct; and said court shall proceed to hear and determine the matter speedily in such manner as to do justice in the premises; and to this end said court shall have power, if it thinks fit, to direct and prosecute in such mode and by such persons as it may appoint, all such inquiries as may seem needful to enable it to form a just judgment in the matter of such petition. On such hearing the report of said Commissioners shall be prima facie evidence of the matter therein stated; and if it be made to appear to the court on such hearing, or on report of such persons appointed as aforesaid, that the lawful orders or requirements of such Commissioners drawn in question have been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory, or otherwise, to restrain such common carrier from further continuing such violation of such

order or requirement of said commissioners and enjoin obedience to the same. When the subject in dispute shall be of the value of one hundred dollars or more, either party to such proceeding before such court may appeal to the proper appellate court in the State, in the same manner that appeals are taken from such courts in this State in other proceedings involving like sums of money; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon, unless stay of proceedings be ordered by the court from which the appeal is taken, or by the appellate court to which the appeal is taken, upon the application of the appealing party. Whenever any such petition shall be filed by the commissioners as aforesaid, it shall be the duty of the attorneygeneral, when requested by said commissioners, to prosecute the same. All proceedings commenced upon such petition shall, upon application of the petitioner, be advanced upon the docket and take precedence of any other case upon the docket except criminal cases. [Revised Statutes (1899), section 1150.].

1291. North Carolina.

The schedule containing rates fixed by said Commission shall, in suits brought against any such company wherein is involved the charges of any such company for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, to be taken in all courts of this State as prima facie evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads: Provided, That any company may appeal to the judge of the Superior Court in term time and thence to the Supreme Court from any determination of the Commission fixing or refusing to change the rate of freight or fare. [Laws of 1899, ch. 164, section 7.]

§ 1292. North Dakota.

Any railroad, railroad corporation, or common carrier subject to the provisions of this article, or any other person interested in the order made by the commissioners of railroads may appeal to the district court of the proper county in the judicial district of this State from which the complaint arose, and which is the subject and basis of the order, from any order made by the commissioners of railroads regulating or fixing its tariffs or rates, fares, charges, or classifications, or from any other order made by said commissioners under the provisions of this article by serving a notice in writing upon the secretary of said commissioners, or any one of said commissioners, within twenty days after such railroad, railroad corporation, or common carrier shall receive notice from such commissioners of the making and entry of such order. Any railroad, railroad corporation, or common carrier, the commissioners of railroads, or any party interested in the decision of said court may appeal from the decision of the district court to the supreme court of this State by serving a notice of such appeal upon the opposite party within twenty days after the rendition of such decision and service of notice thereof. [Revised Codes (1899), section 3039.]

§ 1293. South Dakota.

Whenever any common carrier, as defined in and subject to the provisions of this article shall violate or refuse or neglect to obey any lawful order or requirement of the said board or railroad commissioners, it shall be the duty of said commissioners, and lawful for any company or person interested in such order or requirement, to apply in a summary way, by petition to the Circuit Court in any county of this State in which the common carrier complained of has its principal office, or in any county through which its line of road passes or is operated, or in which the violation or disobedience of such order or requirement may happen, alleging such violation or disobedience as the case may