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37-2-19
Section 37-2-19 Reparation. (a) Where complaint has been made to the commission concerning
any rate or other charge of any transportation company and the commission has found, after
a hearing, that the transportation company has received an excessive or unjustly discriminatory
amount on account of such rate or charge, the commission may order that the transportation
company make due reparation to the complainant therefor, within a time to be designated in
said order, together with interest at the legal rate from the date of receipt of such excessive
or unjustly discriminatory amount. The commission shall also make and file in every case in
which reparation is ordered to be paid a full finding of the material facts upon which the
order is based. Reparation shall not be awarded in case of any rate which has been adjudged
to be just and reasonable and otherwise lawful by the commission after investigation had upon
due notice and hearing. (b) If the transportation company does not comply...
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37-2-26
Section 37-2-26 Bills of lading or receipts - Charges to be settled according to stipulated
rate. All transportation companies doing business in this state shall settle their freight
charges according to the rate stipulated in the bill of lading, provided the rate stipulated
therein is in conformity with the classifications and rates made and filed with the Interstate
Commerce Commission, in case of shipment from without the state, and with those filed with
or established or approved by the Public Service Commission of the state, or those established
by statute, in case of shipments wholly within the state, by which classification and rates
all consignees shall in all cases be entitled to settle freight charges with such companies,
and it shall be the duty of such transportation companies to inform any consignee or consignees
of the correct amount due for freight, according to such classification and rates, and upon
payment or tender of the amount due, according to such classification...
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40-21-52
Section 40-21-52 Freight lines and equipment companies. Any person, firm, joint-stock association,
or corporation, wherever organized or incorporated, engaged in the business of operating,
renting, leasing, or furnishing cars not otherwise listed for taxation in this state for the
transportation of freight, whether such freight is owned by such company or any other person,
firm, joint-stock association, or corporation, over any railroad or railway line or lines
in whole or in part within this state, such line or lines not being owned, leased, or operated
by such person, firm, joint-stock association, or corporation, whether such cars are termed
box, flat, coal, ore, tank, stock, gondola, furniture, automobile, refrigerator, or some other
name, shall be deemed to be a freight line or equipment company. Each freight line or equipment
company doing business, owning, operating, renting, leasing, or furnishing cars which are
operated in this state shall, on or before March 1 each year, make...
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37-3-7
Section 37-3-7 Powers and duties of commission generally. It shall be the duty of the commission:
(1) To regulate common carriers by motor vehicle as provided in this chapter, and, to that
end, the commission may establish reasonable rules and requirements with respect to adequate
service, transportation of passengers, baggage, freight and express, uniform systems of accounts,
records and reports, preservation of records, qualifications and maximum hours of service
of employees and safety of operation and equipment. (2) To regulate contract carriers by motor
vehicle as provided in this chapter, and, to that end, the commission may establish reasonable
requirements with respect to uniform systems of accounts, records and reports, preservation
of records, qualifications and maximum hours of service of employees and safety of operation
and equipment. (3) To regulate brokers as provided in this chapter, and, to that end, the
commission may establish reasonable requirements with respect to...
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37-4-22
Section 37-4-22 Contract rates. (a) Rates and service regulations may be established by contract
between a municipality and utility for a specified term, not exceeding 30 years, but only
by and with the approval of the commission to be expressed by its order. Utilities may contract
with each other and with persons who are not utilities in respect of the use of their properties
and facilities, the sale or exchange of water, gas, electricity or other products or commodities,
otherwise than pursuant to established rates, the distribution to the public of such products
and commodities jointly or singly, and the territory within which such joint or single service
shall be rendered and other matters deemed to be of mutual advantage, subject, however, in
all such cases, to the approval of the commission; but no person shall participate in such
distribution who is not a utility. (b) Whenever any such contract shall be made, it shall,
before becoming effective, be submitted to the commission....
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22-27-5
Section 22-27-5 Authority of localities to establish charges, fees, etc., and enter into mutual
agreements or contracts; approval of department; licensing of private or corporate agencies;
permits and bonds; nonpayment of fees, etc. (a) Fees, etc.; mutual agreements or contracts.
The county commission or municipality undertaking the responsibility for providing services
to the public under this article may establish fees, charges and rates and may collect and
disburse funds within cooperating areas or districts, inside or outside the corporate limits
of municipalities or inside or outside of county boundaries, for the specific purpose of administering
this article and providing and operating a solid waste program. Also, said county commission
or public authority may enter into mutual agreements or contracts with the government bodies
of other counties, municipalities, corporations or individuals, where deemed to be mutually
economical and feasible, to jointly or individually collect,...
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23-1-81
Section 23-1-81 County commissions - Authority to establish, operate, etc., bridges, ferries,
causeways, etc.; licensing. (a) The county commission of each county is invested with authority
to purchase or establish toll bridges, free bridges, causeways, and ferries or free ferries
within their respective jurisdictions as provided in this article and may levy a special tax
to purchase or build the bridges and causeways when, in the opinion of the county commission,
the public good requires it. (b) The county commission of each county may also license any
individual, group of individuals, partnership, corporation, association, or any other legal
entity to establish or to operate toll roads, toll bridges, ferries, or causeways and authorize
the licensee to establish and fix the rates of toll. Toll roads and toll bridges that are
licensed by a county and which are on or over the line between any two counties shall be licensed
by both counties. (c) The State Department of Transportation may...
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37-2-46
Section 37-2-46 Each violation constitutes separate offense; act of employee act of company.
Every violation of the provisions of this chapter, or of any order, decision, rule, regulation,
direction or requirement of the commission, or any part or portion thereof, by any transportation
company, is a separate and distinct offense, and in case of a continuing violation, each day's
continuance thereof shall be a separate and distinct offense. In construing and enforcing
the provisions of this chapter relating to penalties, the act, omission or failure of any
officer, agent or employee of any transportation company acting within the scope of his official
duties or employment shall in every case be deemed to be the act, omission or failure of such
transportation company. (Acts 1920, No. 42, p. 92; Code 1923, §9731; Code 1940, T. 48, §163.)...
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37-1-126
Section 37-1-126 Superseding order - Order of stay or supersedeas. An appeal to the Circuit
Court of Montgomery County shall not stay or supersede the order or action of the commission
appealed from. Subject to the provisions of this subdivision, the circuit court may, upon
hearing and notice, and after consideration of the testimony taken before the commission,
stay or supersede the order or action of the commission. (1) If the appeal to the circuit
court is from an order of the commission reducing or refusing to increase rates, fares or
charges, or any of them, or any schedule or part or parts of any schedule, of such rates,
fares or charges, the circuit court shall not direct or order a supersedeas or stay of the
action or order appealed from without requiring, as a condition precedent to the granting
of such supersedeas, that the utility applying for the same shall execute and file with the
clerk of said court a bond which shall be as provided in this subdivision. (2) If the...
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37-2-7
Section 37-2-7 Application for certificate or permit - Grant or refusal; conditions; revocation;
exception. The commission, as it deems to the best interest of the public, may grant in part
or in whole, or may refuse such applications, and in the event such applications are granted,
the commission may impose such conditions as it deems expedient for the protection of the
public interest. The commission must require the transportation company, when such applications
are granted, to avail themselves promptly of the authority or right granted, and in the event
the transportation company fails to promptly avail itself of the rights granted, such certificate
of convenience or permit must be revoked. The provisions of this section and Sections 37-2-4,
37-2-5 and 37-2-6 shall not apply to transportation companies which are required under Title
IV of the Transportation Act of Congress, approved February 28, 1920, and amendments thereto,
to obtain from the Interstate Commerce Commission a...
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