RULES OF PRACTICE BEFORE THE COMMISSION the termination of federal control, or which have been or may be filed with the Commission within one year after the termination of federal control, as provided in said section 206, wherein said Walker D. Hines, Director General of Railroads, was or is named as a defendant. (James C. Davis succeeded Walker D. Hines.) 4. If in any complaint so pending the complainant alleges that the rates, fares, charges, classifications, regulations, or practices complained of are and/or will be in violation of any provision of the interstate commerce act and seeks relief therefrom for the future, and the carriers over whose lines the rates, fares, charges, classifications, regulations, or practices complained of apply are not already defendants, the complainant should promptly file with the Commission a supplemental complaint containing appropriate allegations and naming said carriers as additional defendants, together with copies of the supplemental complaint in sufficient number for service upon all parties to the proceeding, including the new defendants named, and also three additional copies for the use of the Commission. Service thereof will be made by the Commission. If within twenty days after such service the new SPECIAL RULES defendants do not notify the Commission of their desire for resetting of a hearing already set, or for further hearing if hearing has already been had, it will be understood that no resetting or further hearing is desired. 5. Where the complaint seeks only reparation for a cause of action prior to federal control, the participating carrier or carriers must be made parties defendant, but neither the Director General nor the agent designated by the President is a necessary party. 6. Where the complaint seeks only reparation for any cause set forth in subdivision (c) the agent designated by the President is the only necessary party defendant, but the carriers whose railroads or systems of transportation were under federal control and over which the rates, etc., applied should be specified in an appropriate place in the body of the complaint. (See form 6, Rules of Practice.) 7. Where the complaint seeks only the establishment of rates for the future the individual carriers must be named as defendants. Neither the Director General nor the agent designated by the President should be so named. 8. Where the complaint seeks reparation for any cause set forth in subdivision (c) and also the establishment of rates for the future, both the agent designated by the President and the carriers should be named as defendants. APPROVED APPROVED FORMS These forms may be used in cases to which they are applicable, with such alterations as the circumstances may render necessary. No. 1. BEFORE THE INTERSTATE COMMERCE COMMISSION. THE RAILROAD COMPANY, ate title of carrier or carriers dejendant.] The complaint of the above-named complainant- respectfully shows: APPROVED (Con.) I. That [complainant or complainants should here state nature and place of business, also whether a corporation, firm, or partnership, and if a firm or partnership, the individual names of the parties composing the same.] II. That the defendant- above named is a /are common carrier- engaged in the transportation of [passengers and] property, wholly by railroad [or, partly by railroad and partly by water], between points in the State of and points in the State of and as such common carrier- is/are subject to the provisions of the interstate commerce act. III. That [state in this and subsequent paragraphs to be numbered IV, V, etc., the matter or matters intended to be complained of, naming every rate, fare, charge, classification, regulation, or practice the lawfulness of which is challenged, and also, if practicable, each point of origin and point of destination between which the rates, etc., complained of are applied. Where it is impracticable to designate each point, defined territorial or rate groups and typical points should be designated. Whenever practicable, tariff references should be given. See rule III. Where unlawful discrimination is charged, the facts constituting the basis of the charge should be clearly stated; that is, if the unlawful discrimination be under section 2, the person or persons claimed to be favored and the person or persons claimed to be injured should be named, and the kind of service and kind of traffic, together with the claimed similarity of circumstances and conditions of transportation, should be set forth. See rule III (1). If the discrimination be under section 3, the particular person, company, firm, corporation, locality, or traffic claimed to be accorded undue or unreasonable preference or advantage, or subjected to undue or unreasonable prejudice or disadvantage, should be stated. See rule III (m). If the discrimination be under section 4, the particular provision of the section claimed to be violated-that is, whether the long-and-short-haul provision or the aggregate of intermediate rates provisionas well as the facts constituting such violation, should be stated. See rule III (o).] X. That by reason of the facts stated in the foregoing paragraphs complainant- has/have been subjected to the payment of rates [fares or charges, etc.] for transportation which were when exacted and still are (1) unjust and unreasonable in violation of section 1 of the interstate commerce act, and /or (2) unjustly discriminatory in violation of section 2, and /or (3) unduly preferential or prejudicial in violation of section 3, and /or (4) in violation of the long-and-short-haul [or, aggregate of intermediate rates] provision of section 4 thereof. [Use one or more of the allegations numbered 1, 2, 3, 4, according to the facts as intended to be charged.] That complainant- has /have been injured thereby to his /their damage in the Wherefore complainant- pray- that defendant- may be [severally] required to answer the charges herein; that after due hearing and investigation an order be made commanding said defendant- [and each of them] to cease and desist from the aforesaid violations of said act, and establish and put in force and apply in future to the transportation of named in paragraph between the origin and destination points hereof, in lieu of the rates [fares or charges etc.] named in said paragraph, such other rates [fares or charges, etc.] as the Commission may deem reasonable and just [and also pay to complainant- by way of reparation for the unlawful charges hereinbefore alleged the sum of or such other sum as, in view of the evidence to be adduced herein, the Commission shall determine that complainant- is/are entitled to as an award of damages under RULES OF PRACTICE BEFORE THE COMMISSION the provisions of said act for violation thereof], and that such other and further order or orders be made as the Commission may consider proper in the premises. Dated at 19. APPROVED (Con.) The above-named defendant-, for answer to the complaint in this proceeding, respectfully state-: I. [Here follow appropriate and responsive admissions, denials, and averments, answering the complaint paragraph by paragraph.] Wherefore defendant- pray- that the complaint in this proceeding be dismissed. 19 that he has /they have an interest in the matters in controversy in the above-entitled proceeding and desire- to intervene in and become a party /parties to said proceeding, and for grounds of the proposed intervention say-: I. That [petitioner or petitioners should here state nature and place of business, and whether a corporation, firm, or partnership, etc., as in form No. 1). II. [Petitioner or petitioners should here set out specifically his /their position and interest in the above-entitled proceeding in accordance with rule II (1).] APPROVED RULES OF PRACTICE BEFORE THE COMMISSION Wherefore said pray- leave to intervene and be treated as a party/parties hereto with the right to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard in person or by counsel upon brief and at the oral argument, if oral argument is granted. Dated at 19 Come- now the complainant- [or defendant-] in the above-entitled proceeding and respectfully petition- the Commission to grant a rehearing [or reargument] therein, and in support of said petition respectfully show-: I. [Here set out specifically the matters claimed to be erroneously decided, with a brief statement of the alleged errors, in conformity with rule XV of the rules of practice.] Wherefore petitioner- pray- that a rehearing [or reargument] be granted in the above-entitled case and that the Commission enter such further order or orders in the premises as to it may seem reasonable and just. CLAIM NO. IMPORTANT.-Before making out statement read rule V carefully. No. 5 FORM OF REPARATION STATEMENT UNDER RULE V. OF RICHARD ROE UNDER THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN DOCKET No. The undersigned hereby certifies that this statement has been checked against the records of this company and found correct. MARCH 30, 1920. Oct. 10, 1918 Oct. 23, 1918 Oct. 23, 1918 I. C. 6769 .do. 'If not a defendant, strike out word "defendant." 2For concurring certificate in case collecting carrier is not a defendant. RICHARD ROE, Claimant, By JOHN DOE, Attorney. RULES OF PRACTICE BEFORE THE COMMISSION |