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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.]

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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

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

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