appellate court of all causes of a different character therein pending: Provided, That if the court be in session at the time such right of action accrues, the suit may be filed during such term and stand ready for trial after ten days' notice. [Revised Statutes (1895, article 4565.]

In Railroad Commission v. Houston & T. C. R. R., 90 Tex. 340, 38 S. W. 750 (1890), it was held as to proceedings under this section that, if any railroad company is dissatisfied with any rule or regulation adopted by the railroad commission, it may file a petition in court, stating its objections, on the trial of which the burden shall be on the plaintiff to show that the rule or regulation is unjust and unreasonable, and that the court in which such petition is filed has jurisdiction to determine whether the regulation is unreasonable and unjust.

And in Railroad Commission v. Weld, 00 Tex. 000, 73 S. W. 529 (1903), it was held that under Rev. St. 1895, art. 4565, authorizing an action against the Railroad Commission by a party dissatisfied with a rate made by it, in which such party must show that the rate is unreasonable and unjust to him, the inquiry is not limited to whether the rate is so unreasonable and unjust as to amount to the taking of property without due process of law.

§ 1295. Virginia.

From an action of the Commission prescribing rates, charges or classifications of traffic, or affecting the train schedule of any transportation company, or requiring additional facilities, conveniences or public service of any transportation or transmission company, or refusing to approve a suspending bond, or requiring additional security thereon or an increase thereof, as provided for in sub-section e of this section, an appeal (subject to such reasonable limitations as to time, regulations as to procedure, and provisions as to costs, as may be prescribed by law) may be taken by the corporation whose rates, charges, classifi cations of traffic, schedule, facilities, conveniences or service, are affected, or by any person deeming himself aggrieved by such action, or (if allowed by law) by the Commonwealth. Until otherwise provided by law, such appeal shall be taken in the manner in which appeals may be taken to the Supreme Court of

Appeals from the inferior courts, except that such an appeal shall be of right, and the Supreme Court of Appeals may provide by rule for proceedings in the matter of appeals in any particular in which the existing rules of law are inapplicable. If such appeal be taken by the corporation whose rates, charges or classifications of traffic, schedules, facilities, conveniences or service are affected, the Commonwealth shall be made the appellee; but, in the other cases mentioned, the corporation so affected shall be made the appellee. The general assembly may also, by general laws, provide for appeals from any other action of the commission, by the Commonwealth or by any person interested, irrespective of the amount involved. All appeals from the Commission shall be to the Supreme Court of Appeals only; and in all appeals to which the Commonwealth is a party, it shall be represented by the attorney-general or his legally appointed representative. No court of this Commonwealth (except the Supreme Court of Appeals, by way of appeals as herein authorized), shall have jurisdiction to review, reverse, correct or annul any action of the Commission within the scope of its authority or to suspend or delay the execution or operation thereof, or to enjoin, restrain or interfere with the Commission in the performance of its official duties: Provided, however, That the writs of Mandamus and prohibition shall lie from the Supreme Court of Appeals to the Commission in all cases where such writs, respectively, would lie to any inferior tribunal or officer.

Upon the granting of an appeal, a writ of supersedeas may be awarded by the appellate court, suspending the operation of the action appealed from until the final disposition of the appeal; but, prior to the final reversal thereof by the appellate court, no action of the Commission prescribing or affecting the rates, charges, or classifications of traffic of any transportation or transmission company shall be delayed, or suspended, in its operation, by reason of any appeal by such corporation, or by reason of any proceedings resulting from such appeal, until a suspending bond shall first have been executed and filed with,

and approved by, the Commission (or approved on review by the Supreme Court of Appeals), payable to the Commonwealth, and sufficient in amount and security to insure the prompt refunding by the appealing corporation to the parties entitled thereto of all charges which such company may collect or receive, pending the appeal, in excess of those fixed, or authorized, by the final decision of the court on appeal. [Constitution (1904), art. 12, section 156.]

1296. Washington.

Any railroad or express company affected by the order of the commission and deeming it to be contrary to the law, may institute proceedings in the superior court of the State of Washington in the county in which the hearing before the commission upon the complaint had been held, and have such order reviewed and its reasonableness and lawfulness inquired into and determined. [Laws of 1905, chap. 81, section 3.]

1297. Wisconsin.

Any railroad or other party in interest being dissatisfied with any order of the Commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or service, may commence an action in the Circuit Court against the Commission, as defendant, to vacate and set aside any such order on the ground that the rate or rates, fares, charges, classifications, joint rate or rates, fixed in such order, is unlawful, or that any such regulation, practice or service, fixed in such order, is unreasonable, in which action the complaint shall be served with the summons. If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the court to be different from that offered upon the hearing before the commission, or additional thereto, the court before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall

stay further proceedings in said action for fifteen days from the date of such transmission. Upon the receipt of such evidence the commission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, fares, charges, classification, joint rate or rates, regulation, practice or service complained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence. [Laws of 1905, ch. 362, section 16.]

$1298. Conclusion.

In general it may be said that the tendency in this legislation is to give the right of access to the courts only under strict limitations. There are various specific points which the legislators have had in mind during recent years; the tendency has been to circumscribe the various possibilities of the situation, to the end that the process shall be effectual; moreover, it is meant that the railroads shall gain nothing by delay, the provision that they shall file bond being common. But from a broader point of view what is most significant is the ideas held as to the proper relations between the commissioners and the courts. Current opinion as expressed in these statutes plainly is that the decision of the commission shall be given every presumption, the conception being that the decision rests with them in the first instance and that the attitude of the courts should be that there is a reviewing authority to prevent plain injustice.

PART II.

VALIDITY OF STATUTES.

CHAPTER XLII.

STATUTORY REGULATION OF RATES AND THE CONSTITUTION.

TOPIC A-NATURE OF THE POWER TO FIX RATES.

§ 1301. Regulation of rates by the State.

1302. Power to pass on reasonableness of rates.

1303. Power to fix rates.

1304. Power to fix rates not a judicial power.

1305. Power to fix rates not strictly legislative.

1306. Power to fix rates executive or administrative.

TOPIC B-METHOD OF EXERCISING THE POWER TO FIX RATES.

§ 1307. Fixing rates by statute.

1308. Legislation must be general.

1309. Fixing rates by subordinate body.

1310. Fixing rates by municipal or other local government.

1311. Fixing rates by inferior courts.

1312. Fixing rates by administrative commissions.

1313. Duty of the courts to pass on reasonableness of rates.

TOPIC C-CONSTITUTIONALITY OF RATES FIXED BY GOVERNMENT.

SUB-TOPIC 1-GENERAL CONSIDERATIONS.

§ 1314. Unconstitutional act absolutely void.

1315. Suit against State official to declare rate void.

1316. Function of the courts in declaring rate void.

1317. Rate constitutional as to one road, not as to another.

1318. Statute constitutional in part.