RULES OF PRACTICE BEFORE THE COMMISSION mony in proceedings other than the one on hearing is offered in evidence, a copy of such testimony must be presented as an exhibit. When exhibits of a documentary character are to be offered in evidence, copies must be furnished to opposing counsel. (c) All exhibits showing rates or distances must, by proper I. C. C. number reference, indicate the tariff authority for the rates, and must also show by lines and junction points the routes via which the distances are computed, as well as the authority for the distances used. (d) All exhibits received in evidence are bound with the rest of the record in covers of uniform size. It thus becomes desirable that, wherever practicable, they should be on one side only of sheets not exceeding 121⁄2 inches from top to bottom by 22 inches in width, and imperative that a sufficient margin for binding, preferably 11⁄2 inches, be left blank on the left side of each sheet. They must be on paper of good quality and so prepared as to be plainly legible and durable, whether DOCUMENTARY printed, typewritten, mimeographed, planographed, photographed, or otherwise; the use of hectograph and white-line blue prints is discouraged. XIII. EVIDENCE. (Con.) XIV. BRIEFS AND (e) Wherever practicable the sheets of each exhibit and the lines of each sheet should be numbered, and, if the exhibit consists of 5 or more sheets, the first sheet or title page should be confined to a brief statement of what the exhibit purports to show, with reference by sheet and line to illustrative or typical examples contained in the exhibit. It is desirable that, wherever practicable, rate comparisons and other evidence should be condensed into tables. (f) Where agreed upon by the parties at or after the hearing, the presiding Commissioner or examiner, if he deems advisable, may receive specified documentary evidence as a part of the record within a time to be fixed by him, but which shall expire not less than ten days before the date fixed for filing and serving briefs. (g) Except as above provided, or as may be expressly permitted in particular instances, the Commission will not receive in evidence or consider as part of the record any documents, letters, or other writings submitted for consideration in connection with the proceeding after the close of the testimony, and will return the same to the sender. (a) Briefs must be printed and comply with the requirements of rule XXI. The date of each brief must appear on its front cover or title page. Each brief should contain an abstract of the evidence relied upon by the party filing it, preferably assembled by subjects, with reference to the pages of the record or exhibit where the evidence appears. It should include requests for such specific findings as the party thinks the Commission should make. (b) Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in an appendix to the brief. Analyses of such exhibits should be included in the abstract of evidence under the subjects to which they pertain. The abstract of evidence should follow the statement of the case and precede the argument. Every brief of more than 20 pages shall contain on its front fly-leaf a subject index with page references, the subject index to be supplemented by a list of all cases cited, alphabetically arranged, with references to the pages where the citations appear. In proceedings upon complaint alleging undue prejudice to or preference of any locality as contrasted with another locality, or otherwise attacking a rate relationship, the complainant should insert in his brief opposite the statement of the case a small map or chart of the territory showing the situation involved. RULES OF PRACTICE BEFORE THE COMMISSION (c) Briefs not filed with the Commission, and served on or before the dates fixed therefor, will not be received except by special permission of the Commission. All briefs must be accompanied by notice showing service upon all other parties or their attorneys who appeared at the hearing or on brief, and 20 copies of each brief shall be furnished for the use of the Commission. Applications for extension of time in which to file briefs shall be by petition, in writing, stating the facts on which the application rests, which must be filed with the Commission at least five days before the time fixed for filing such briefs. (d) For application in cases designated in the notices setting them for hearing as "proposed report" cases, the following procedure will govern, superseding that prescribed elsewhere in these rules in so far as conflicting therewith: 1. If oral argument before the presiding Commissioner or examiner is desired he should be so notified at or before the hearing and may arrange to hear the argument at the close of the testimony within such limits of time as he may determine, having regard to other assignments for hearing before him. Such argument will be transcribed and bound, with the transcript of testimony, and will be available to the Commission for consideration in deciding the case. The making of such argument shall not preclude oral argument before the Commission, or a Division thereof, and application therefor may be made as hereinafter provided. 2. Only one initial brief shall be filed by each party. The presiding Commissioner or examiner shall fix for all parties the same time within which to file their briefs. Reply briefs are not permitted at this stage. 3. After expiration of the time set for briefs the examiner will prepare his proposed report containing the statement of the issues and facts and the findings and conclusions which he thinks should be made. This proposed report will be served by mailing copies to the parties or attorneys who appeared at the hearing or upon brief, except that in general investigations copies may also be mailed in the Commission's discretion to other parties whose appearances are noted of record. 4. Within 20 days after service of the proposed report any party may file and serve, in the manner prescribed for briefs, exceptions to the examiner's proposed report and brief in support of the exceptions. Exceptions and brief should be contained in one print. Within 10 days after expiration of the time so fixed, briefs in reply to the exception briefs may be filed and served, but will not be received later except under leave granted upon application therefor. Applications for oral argument before the Commission or a Division thereof if made by a party filing exceptions must accompany the exceptions, or if made by a party not filing exceptions must be filed not later than 10 days after the time fixed for filing and service. of exceptions. Parties or attorneys at El Paso, Tex., Salt Lake City, Utah, Spokane, Wash., or points west thereof, who appeared at the hearing or upon brief, wil be allowed five days' additional time for filing and serving exceptions, exception briefs, and reply briefs, respectively. 5. Exceptions to the examiner's proposed report either as to statements of fact or matters of law should be specific. If exception is taken to matters of law or conclusions the points relied upon should be stated separately and clearly. If exception is taken to any statement of fact, reference should be made to the pages or parts of the record relied upon and a corrected statement incorporated in the exception brief. XIV. BRIEFS AND (Con.) XV. RULES OF PRACTICE BEFORE THE COMMISSION 6. In the absence of exceptions that are sustained or of ascertained error, the statement of the issues and of the facts by the examiner will ordinarily be taken by the Commission as the basis of its report. (e) Except as hereinabove provided in subdivision (d) of this rule, briefs for the various parties shall be filed in the same order as governs in the taking of their testimony at hearings. At the close of the testimony in each case the presiding Commissioner or examiner will fix the time for filing and service of the respective briefs as follows, unless good cause for variation therefrom is shown: For the opening brief, 30 days from close of testimony; for the brief of the opposing party, 15 days after the date fixed for the opening brief; for reply brief, 10 days after the date fixed for the briefs of the opposing party. Briefs of interveners shall be filed and served within the time fixed for the brief of the party in whose behalf the intervention is made, or within such other time as may be fixed by the presiding Commissioner or examiner. Parties who fail to file opening brief, as required by this rule, will not be permitted to file reply to brief of opposing party. Except as provided in subdivision (d) of this rule, applications for oral argument before the Commission or Division thereof shall be made at the hearing or in writing within 10 days after the close of testimony. (a) Applications for further hearing in a proceeding before final submission, for reopening a proceeding after final submission, or for rehearing or reargument after decision, must be made by petition, stating specifically the grounds relied upon, filed with the Commission and served by the petitioner upon all parties or attorneys. who appeared at the hearing, or oral argument if had, or on brief. (b) If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be adduced must be briefly stated and it must appear not to be merely cumulative. (c) If the application be for rehearing or reargument, the matters claimed to have been erroneously decided must be specified and the alleged errors briefly APPLICATIONS stated. If thereby any order of the Commission is sought to be vacated, reversed, FOR REHEARINGS, REARGU- or modified by reason of matters which have arisen since the hearing, or of conMODIFICATION sequences which would result from compliance therewith, the matters relied upon by the petitioner must be fully set forth in the petition. MENTS, OR OF ORDERS (d) Applications for modification of orders which seek only change in the date when they shall take effect, or in the period of notice thereby prescribed, must be made by petition seasonably filed and served in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by telegram or otherwise, upon notice thereof to all parties or attorneys who appeared as aforesaid. (e) A petition for rehearing that part of any case relating to reparation must be filed within 60 days after service of the report therein. (f) Each petition filed under this rule shall be accompanied by 15 copies thereof for the use of the Commission, and by notice showing service upon the parties or attorneys who appeared as aforesaid. Within 10 days after such service any adverse party may file and serve in like manner a reply to the petition, the reply so filed to be accompanied by a like number of copies for use by the Commission. RULES OF PRACTICE BEFORE THE COMMISSION (a) One copy of the transcript of testimony will be furnished by the Commission without charge for the use of the complainant and one copy for the use of the defendant. If two or more complainants or defendants have appeared at the hearing, such complainants or defendants must designate to whom the copy for OF TESTIMONY their use shall be delivered. A similar course will be pursued in proceedings involving the suspension of tariffs. XVI. TRANSCRIPT XVII. COMPLIANCE WITH ORDERS XVIII. APPLICATIONS (b) In proceedings instituted by the Commission on its own motion, other than proceedings involving the suspension of tariffs, no copies of the transcript will be furnished by the Commission. When an order has been issued the defendants or respondents named therein must promptly notify the Commission on or before the date upon which such order becomes effective whether or not compliance has been made therewith. If a change in rates is required the notification must be given in addition to the filing |of proper tariffs, and must specify the I. C. C. numbers of the tariffs so filed. Any common carrier subject to the act may apply to the Commission, under the proviso clause of the fourth section, for such authorization as it is empowered to grant thereunder. Such application must conform to rule XXI. The application should specify the places and traffic involved, the rates, fares, or charges on UNDER FOURTH Such traffic for the shorter and longer distances, the carriers other than the applicant which may be interested in the traffic, the special nature of the case, the character of the hardship claimed to exist, and the extent of the relief sought by the applicant. Upon the filing of such application the Commission will take such action as the circumstances of the case require. SECTION XIX. SUSPENSIONS XX. INFORMATION TO PARTIES Suspensions of tariff schedules under section 15 of the act will not ordinarily be considered unless protest and application therefor is made in writing or by telegram at least 10 days before the effective date named in the schedule. Applications for suspensions must indicate the schedule affected by its I. C. C. number and give specific reference to the items against which protest is made, together with a statement of the grounds thereof. If such application is made by telegram it must be confirmed and followed by application in writing and should succinctly state the substance of the matters to be set forth in the written application. Seven copies of each written application should be furnished to the Commission. The secretary of the Commission will, upon request, advise as to the form of complaint, answer, or other paper to be filed in any proceeding. (a) All formal complaints, answers, motions, petitions, applications, notices, depositions, or other papers to be filed, must be typewritten or printed. (b) If typewritten they must be on paper not more than 83 inches wide or 12 inches long, weighing not less than 16 pounds to the ream, folio base 17 by 22 SPECIFICATIONS inches, with left-hand margin not less than 1 inches wide. The impression must be AS XXI. ΤΟ COM PLAINTS, AN on only one side of the paper. SWERS, PETI TIONS, APPLICA- (c) If printed they, as well as briefs, must be in 10 or 12 point type, on good unglazed paper, 5% inches wide by 9 inches long, with inside margin not less than 1 inch wide, and with double-leaded text and single-leaded citations. TIONS, BRIEFS, (d) Complaints, answers, motions, petitions, applications, and notices must be signed in ink by the party, petitioner, or applicant, or by his or its duly authorized attorney, and must show the office and post-office address of the signer. RULES OF PRACTICE BEFORE THE COMMISSION (a) Pleadings and other papers required to be filed with the Commission may be transmitted by mail or express, or otherwise delivered, but must be received for OFFICE AND filing at its office in Washington, D. C., within the time limit, if any, for such filing. That office is open from 9 a. m. to 4.30 p. m. of each business day. XXII. OF ADDRESS (b) All communications to the Commission must be addressed to Washington, D. C., unless otherwise specifically directed. SPECIAL RULES APPENDIX 1 Special Rules of Practice Governing the Procedure to be Followed as to Causes of Action Arising Out of Federal Control. 1. Except as hereinafter provided, proceedings upon causes of action arising out of federal control will be governed by the Commission's rules of practice in so far as applicable. 2. Subdivisions (a), (c), (d), (e), and (f) of section 206 of the transportation act, 1920, are as follows: (a) Actions at law, suits in equity and proceedings in admiralty, based on causes of action arising out of the possession, use, or operation by the President of the Railroad or system of transportation of any carrier (under the provisions of the Federal Control Act, or of the act of August 29, 1916) of such character as prior to Federal control could have been brought against such carrier, may, after the termination of Federal control, be brought against an agent designated by the President for such purpose, which agent shall be designated by the President within thirty days after the passage of this act. Such actions, suits, or proceedings may, within the periods of limitation now prescribed by the State or Federal statutes but not later than two years from the date of the passage of this act, be brought in any court which but for Federal control would have had jurisdiction of the cause of action had it arisen against such carrier. (c) Complaints praying for reparation on account of damage claimed to have been caused by reason of the collection or enforcement by or through the President during the period of Federal control of rates, fares, charges, classifications, regulations or practices (including those applicable to interstate, foreign or intrastate traffic) which were unjust, unreasonable, unjustly discriminatory, or unduly or unreasonably prejudicial, or otherwise in violation of the Interstate Commerce Act may be filed with the Commission, within one year after the termination of Federal control against the agent designated by the President under subdivision (a), naming in the petition the railroad or system of transportation against which such complaint would have been brought if such railroad or system had not been under Federal control at the time the matter complained of took place. The Commission is hereby given jurisdiction to hear and decide such complaints in the manner provided in the Interstate Commerce Act, and all notices and orders in such proceedings shall be served upon the agent designated by the President under subdivision (a). (d) Actions, suits, proceedings and reparation claims, of the character above described pending at the termination of Federal control shall not abate by reason of such termination, but may be prosecuted to final judgment, substituting the agent designated by the President under subdivision (a). (e) Final judgments, decrees, and awards in actions, suits, proceedings or reparation claims, of the character above described, rendered against the agent designated by the President under subdivision (a), shall be promptly paid out of the revolving fund created by section 210. (f) The period of Federal control shall not be computed as a part of the periods of limitation in actions against carriers or in claims for reparation to the Commission for causes of action arising prior to Federal control. 3. On March 11, 1920, the President, under the provisions of section 206 of the transportation act, 1920, designated Walker D. Hines, Director General of Railroads, and his successor in office, as the agent provided for in that section. The Commission, by general order, dated March 18, 1920, substituted Walker D. Hines, Director General of Railroads, as agent, for Walker D. Hines, Director General of Railroads, in all proceedings before the Commission upon complaints praying for reparation for any cause set forth in subdivision (c) of said section 206, which were pending at |