RULES OF THE BOARD OF RAILROAD COMMISSIONERS. The Railroad Commissioners of the State of California hereby adopt the following rules to govern the exercise of the judicial power conferred upon the Commissioners by the State Constitution, and the laws made in pursuance thereof: RULE I. Any person believing himself aggrieved by any railroad or other transportation company, in any particular, may file his complaint against such railroad or transportation company with the Secretary of the Commissioners. The Secretary must indorse on the complaint the day, month, and year that it is filed, and must, at the request of the person filing the same, issue a summons thereon. RULE II. The summons must be directed to the defendant, must be signed by the Secretary, and attested by the seal of the Commissioners, and must contain: 1. The names of the parties to the proceeding. 2. A statement of the nature of the complaint. 3. A direction that the defendant appear and answer it within fifteen days after service thereof. RULE III. The summons may be served by the Bailiff of the Commissioners, or by any citizen of the State, and shall be served by delivering a copy thereof, together with a copy of the complaint, to the defendant, or if the defendant is a corporation, to the President, Secretary, Treasurer, or Managing Agent thereof. Proof of service of summons and complaint must be as follows: 1. If made by the Bailiff, his certificate thereof. 2. If by any other person, his affidavit thereof. RULE IV. From the time of service of the summons and copy of complaint, the Commissioners shall be deemed to have acquired jurisdiction of the parties and subject-matter. The voluntary appearance of the defendant is equivalent to personal service. The complaint must contain: RULE V. 1. The names of the parties to the proceeding. 2. A statement of the cause of complaint, in ordinary and concise language, giving such particulars of time, place, and circumstances as may enable the defendant to answer the same intelligently. 3. A demand of the relief claimed. RULE VI. The complainant may write several causes of complaint in the same. complaint, but the causes so united must be separately stated. RULE VII. The defendant may, within the time required in the summons to answer, object to the complaint upon the following grounds: 1. That it does not state facts sufficient to authorize the proceedings. 2. That it contains more than one cause of action, and that such causes are not separately stated. 3. That it is ambiguous, uncertain, or unintelligible. RULE VIII. If the objection is sustained, the complainant may, within ten days thereafter, amend his complaint. If the objection is overruled, the defendant may, within ten days thereafter, answer the complaint. RULE IX. The answer of the defendant may contain: 1. A general or specific denial of the allegations of the complaint controverted by him. 2. A statement of any new matter of defense, or in mitigation or explanation of the charges made in the complaint. RULE X. The complainant may, within ten days after the service of the answer, object to the same as insufficient, and if the objection is sustained the defendant may, within ten days thereafter, amend his answer. RULE XI. The complaint, answer, and demurrer must be subscribed by the party or by some attorney at law in his behalf. If the complaint is verified, the answer must be verified in the same manner, by the persons and in the form required by the Code of Civil Procedure in civil cases. RULE XII. The provisions of Sections 452, 453, 462, 463, 464, 465, 469, 470, 471, 472, 473, 475, and 476 of the Code of Civil Procedure shall be applicable to pleading before these Commissioners. RULE XIII. If the defendant fails to appear and answer the complaint, the Commissioners shall render such decision thereon, within the relief demanded in the complaint, as the facts may warrant. RULE XIV. The Secretary of the Commissioners must keep a calendar of the proceedings at issue, according to the date of service of the summons; and Sections 594, 595, and 596 of the Code of Civil Procedure shall be appli cable to the proceedings to be had after said proceedings are entered on the calendar. RULE XV. Any party to such proceeding, feeling aggrieved at the decision of the Commissioners, may, within sixty days after such decision, apply to the Commissioners for a rehearing; such application shall be in writing, and shall be filed with the Secretary. The application may be made upon any or all of the following grounds: 1. Irregularity in the proceedings or abuse of discretion, by which the party was prevented from having a fair rehearing. 2. Accident or surprise which ordinary prudence could not have guarded against. 3. Newly discovered evidence, material for the party making the application, which could not, with reasonable diligence, have been discovered and produced at the trial. 4. Insufficiency of evidence to justify the decision, or that it is against law. 5. Error of law occurring on the trial. Sections 658, 659, and 660 of the Code of Civil Procedure shall be applicable to such rehearing. RULE XVI. Sections 668, 669, and 670 of the Code of Civil Procedure shall be applicable to the entry of the decisions of these Commissioners. RULE XVII. The provisions of Part IV of the Code of Civil Procedure, relating to the general principles, kinds, and degrees, production, and effect of evidence, and of the rights and duties of witnesses, shall be applicable to proceedings before these Commissioners. RULE XVIII. The word "person" in these rules includes corporations and firms; the singular the plural, and the masculine the feminine and neuter genders. RULE XIX. These rules may be amended at any regular meeting of the Commissioners, and amendments so made shall go into effect sixty days thereafter. RULE XX. These rules shall be in force from and after the first day of July, 1881. ADDITIONAL RULES OF PROCEDURE. WHEREAS, By Section 11, Chapter 59, of the Statutes of 1880, entitled "An Act to organize and define the powers of the Board of Railroad Commissioners," it is provided that "whenever said Board, in the disharge of its duties, shall establish or adopt rates of charges for trans portation of passengers or freight, pursuant to the provisions of the Constitution, said Board shall serve a printed schedule of such rates, and of any changes that may be made in such rates, upon the person, copartnership, company, or corporation affected thereby; and upon such service it shall be the duty of such person, copartnership, company, or corporation to immediately cause copies of the same to be posted in all of its offices, station houses, warehouses, and landing offices affected by such rates, in such manner as to be accessible to public inspection during usual business hours." And whereas, it is further provided in said section and Act that "the rates of charges established or adopted by said Board, pursuant to the Constitution and this Act, shall go into force and effect the twentieth day after service of said schedule of rates or changes of rates upon the person, copartnership, company, or corporation affected thereby, as herein provided." And whereas, unless waived by the party to be affected thereby, as aforesaid, the mode and time prescribed exclude all others. And whereas, it is optional with such party to waive said time, and also service of printed copy of said schedule. And whereas, it is competent and proper for this Commission, when it shall "establish or adopt" rates of charges as aforesaid, to consult the convenience and preference of such party as to the form and clerical preparation of the schedule it is required to copy and post for inspection and use as aforesaid; Now, therefore, it is hereby ordered, That in pursuance of said section of said Act, this Commission can and will establish or adopt rates of charges for the transportation of passengers and freight only by schedule; and that in the preparation thereof, in the usual form for convenient use, as aforesaid, the Secretary of the Commission is hereby authorized and directed to avail himself of such form or draft of such schedule as may be most conveniently copied and used by the party to be most affected thereby. And it is further ordered, That upon the completion of any schedule of rates of charges, so drafted and prepared, as aforesaid, the same shall be submitted to the Commission, and it shall be "established and adopted," as aforesaid. A certified copy of the order adopting the same shall be served by said Secretary upon the party to be affected thereby; and in case such party shall prefer for its own convenience, and to simplify the duties of all concerned, to make its own copies of all such schedules, and shall consent to put the same in operation within twenty days from and after the service of said order, and in accordance therewith, it may do so without further preliminary process or proceeding to enforce the same; provided, that said party, or its general manager, shall, within three days from and after the service of said order, acknowledge the service of said schedule by printed copy, expressly waiving all other service or notice thereof, in writing, addressed to said Commission, and to be filed and remain of record in its office. And it is further ordered, That if such acknowledgment and waiver, as aforesaid, shall not be filed in said office within three days from and after the service of such order, as aforesaid, then, and in that case, said Secretary shall immediately proceed to print such schedule and order, and to serve printed copies thereof on the parties to be affected thereby, and shall keep a record of his action in the minutes of said Commission. LIST OF RAILROAD INCORPORATIONS. FILED IN OFFICE OF SECRETARY OF STATE FROM AUGUST 4, 1892, TO OCTOBER 18, 1894. NORTHEASTERN CALIFORNIA RAILROAD COMPANY. Capital stock, $1,000,000. Length, 30 miles. Standard gauge. Articles filed August 19, 1892. D. E. Miles__ DIRECTORS. San Francisco. San Mateo County. L. D. Brewster. Henry L. Tatum. J. J. Bowen. A. M. Willis. S. P. Smiley. San Francisco. E. A. Lancaster. |