Commission.

shall be held; but whenever the convenience of the public Sessions of the or the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

Carriers subject to the act

Commission.

SEC. 20. That the Commission is hereby authorized to remust render full quire annual reports from all common carriers subject to the annual reports to provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipments; the number of employees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the Commission may require; and the said Commission may, within its discretion, for the Commission purpose of enabling it the better to carry out the purposes may prescribe of this act, prescribe (if in the opinion of the Commission ing accounts. it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.

methods of keep

Annual reports of the Commis

SEC. 21. (As amended.) That the Commission shall, on or sion to Congress. before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necssary; and the names and compensation of the persons employed by said Commission.

SEC. 22. (As amended.) That nothing in this act shall prevent the carriage, storage, or handling of property free or Persons and at reduced rates for the United States, State, or municipal may be carried governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage

property that

free or at reduced rates.

sion, or commu

of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such trans- Mileage, excur portation, or the issuance of mileage, excursion, or commu- tation passenger tation passenger tickets; nothing in this act shall be con- tickets. strued to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or companies from exchanging Passes and free passes or tickets with other railroad companies for their officers and emofficers and employees; and nothing in this act contained ployees of railroad companies. shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pend-ending litiga ing litigation shall in any way be affected by this act.

transportation to

by act.

movement of in

cars or other

facilities.

(New section.) That the circuit and district courts of the United States shall have jurisdiction upon the relation of Jurisdiction of any person or persons, firm, or corporation, alleging such United States violation by a common carrier, of any of the provisions of courts to issue writs of perempthe act to which this is a supplement and all acts amenda- tory mandamus tory thereof, as prevents the relator from having interstate commanding the traffic moved by said common carrier at the same rates as terstate traffic or are charged, or upon terms or conditions as favorable as the furnishing of those given by said common carrier for like traffic under transportation similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement.

RULES OF PRACTICE AND FORMS IN CASES AND PROCEEDINGS BEFORE THE COMMISSION.

INTERSTATE COMMERCE COMMISSION.

At a general session of the Interstate Commerce Commission, held at its office in the city of Washington, on the 15th day of December, 1891, it was

Ordered, That the following revised and amended rules of practice in cases and proceedings before the Commission be, and the same are hereby, established, to take effect from and after this date. That the secretary cause a suitable number of copies thereof to be printed. A true copy of the record.

Attest:

[L. S.]

EDWARD A. MOSELEY,

Secretary.

RULES OF PRACTICE AND FORMS IN CASES AND PROCEEDINGS BE

FORE THE COMMISSION.

I.-Public sessions.

The general sessions of the Commission for hearing contested cases will be held at its office in the Sun building, No. 1315 F street NW., Washington, D. C., on such days and at such hour as the Commission may designate.

When special sessions are held at other places, such regulations as may be necessary will be made by the Commission.

Sessions for receiving, considering, and acting upon petitions, applications, and other communications, and also for considering and acting upon any business of the Commission other than contested cases, will be held at its said office at 11 o'clock a. m. on Monday of each week when the Commission is at Washington, and on such other days as the chairman may direct.

II.-Parties.

Where a complaint relates to the practices of a single carrier only, no other need be made a party; but if it relates to matters in which two or more carriers, doing business under a common control, management, or arrangement for a continuous carriage or shipment, are interested, all the carriers participating in such carriage or shipment must be made parties.

A complainant may include in one proceeding several carriers or lines of carriers, separately operated, when the subject-matter of the complaint involves substantially the same alleged violations of law by such several carriers or lines.

364

Persons or carriers not parties may petition in any proceeding for leave to intervene and be heard therein. Such petition shall be duly verified, and shall set forth the petitioner's interest in the proceeding. Leave granted on such application shall entitle the intervenor to appear and be treated as a party to the proceeding; but no person not a carrier who intervenes in behalf of the defense, shall have the right to file an answer or otherwise become a party, except to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard in person or by counsel on the argument of the case.

III.-Complaints.

Complaints of unlawful acts or practices by any common carrier, made in pursuance of section 13 of the act, must be by petition, setting forth briefly the facts claimed to constitute a violation of the law, and must be verified by the petitioner or by some officer or agent of the corporation, society, organization, or other body making the complaint, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant.

The name of the carrier or carriers complained against must be stated in full, and the address of the petitioner, with the name and address of his attorney or counsel, if any, must appear upon the petition. The complainant must furnish as many copies of the petition as there may be parties complained against to be served.

The Commission will cause a copy of the petition, with notice to satisfy or answer the same within a specified time, to be served, personally or by mail, in its discretion upon each carrier complained against.

IV.-Answers.

A carrier complained against must answer within twenty days, unless extended, from the date of the notice, but the Commission may, in a particular case, require the answer to be served within a shorter time. The time prescribed in any case may be extended, upon good cause shown, by special order of the Commission. The original answer must be filed with the secretary of the Commission at its office in Washington, and a copy thereof at the same time served, personally or by mail, upon the complainant, who must forthwith notify the secretary of its receipt. The answer must admit or deny the material allegations of the petition, and may set forth any additional facts claimed to be material to the issue. The answer must be verified in the same manner as the petition. If a carrier complained against shall make satisfaction before answering, a written acknowledgment thereof must be filed by the complainant, and in that case the fact of satisfaction, without other matter may be set forth in the answer. If satisfaction be made after the filing and service of an answer, a supplemental answer, setting forth the fact of satisfaction, may be filed and served.

V.-Notice in nature of demurrer.

A carrier complained against who deems the petition insufficient to show a breach of legal duty, may, instead of answering, or formally demurring, serve on the complainant notice of hearing on the petition; and in such case the facts stated in the petition will be deemed admitted. A copy of the notice must at the same time be filed with the secretary

of the Commission. The filing of an answer, however, will not be deemed an admission of the sufficiency of the petition, but a motion to dismiss for insufficiency may be made at the hearing.

VI.-Service of papers.

Copies of notices or other papers must be served upon the adverse parties, personally or by mail; and when any party has appeared by attorney, service upon such attorney shall be deemed proper service upon the party.

VII.-Affidavits.

Affidavits to any pleading or application may be made before any officer of the United States, or of any State or Territory, authorized to administer oaths.

VIII.-Amendments.

Upon application of any party, amendments to any petition or answer, in any proceeding or investigation, may be allowed by the Commission in its discretion.

IX.-Adjournments and extensions of time.

Adjournments and extensions of time may be granted upon the application of any party, in the discretion of the Commission.

X.-Stipulations.

The parties to any proceeding or investigation before the Commission may, by stipulation in writing filed with the secretary, agree upon the facts, or any portion thereof involved in the controversy, which stipulation shall be regarded and used as evidence on the hearing. It is desired that the facts be thus agreed upon whenever practicable.

XI.-Hearings.

Upon issue being joined by the service of an answer or notice of hearing on the petition, the Commission will assign a time and place for hearing the case, which will be at its office in Washington, unless otherwise ordered. Witnesses will be examined orally before the Commission, unless their testimony be taken or the facts be agreed upon as provided for in these rules. The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the carrier complained against admits the same or fails to answer the petition. Facts alleged in the answer must also be proved by the carrier, unless admitted by the petitioner.

In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable, and make such order thereon as the circumstances of the case appear to require.

XII.-Depositions.

The testimony of any witness may be taken by deposition, at the instance of a party, in any proceeding or investigation before the Commission, and at any time after the same is at issue. The Commission may also order testimony to be taken by deposition, in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any